СУБ'ЄКТИВНІ ПУБЛІЧНІ ПРАВА ЯК СКЛАДНИК АДМІНІСТРАТИВНОЇ ПРАВОСУБ'ЄКТНОСТІ ПРИВАТНОЇ ОСОБИ

In the scientific article the research of subjective public rights as a component of administrative legal personality of an individual is carried out. The purpose of this study is to determine the essence of the subjective public rights of an individual as a component of the administrative legal personality of an individual. It is determined that the mutual relations between subjects of law and administrative bodies, the author identifies three typical situations when these relations occur, and the principles for their occurrence: provided there is a legal interest - if the subject has a qualified legal interest in which the administrative body is obliged to identify its legality and take it into account, if possible (and if not, must justify the refusal); provided that there is a factual interest - if the business entity in the current or future situation will receive direct benefits as a result of actions or inaction of a public authority; subject to the existence of a public subjective right - if the subject applies to the administrative court with a claim to the public authority for specific actions (or refrain from certain actions), which he is legally obliged to perform (withhold) in accordance with its purpose. In conclusion, it is substantiated that the general theoretical approach to defining the category of "subjective public rights" is based on the recognition of their defining features of certain not legal but psychological phenomena: will, interest, potential activity. It is emphasized that the peculiarities of the socio-cultural development of domestic administrative law have led to a certain decline in scientific interest in the subject of subjective public rights; the consequence of this is the current situation of insufficient research of this problem.