FUNCTIONAL PURPOSE OF PERMITTED ACTIVITY: REGULATORY AND LEGAL ASPECT

Abstract

It has been established that achieving a fair balance in the application of regulatory restrictions requires effective regulatory and legal regulation of the implementation of permitting activities in the state. The purpose of the article is to justify the functional purpose of permitting activities from the point of view of the regulatory and legal aspect of the study. It has been established that the implementation of permitting activity refers to the system of permissible and acceptable legal means of limiting the rights and interests of private individuals, which contribute to the effective settlement of socio-economic, political, moral and other issues that make up the functions of the state. The system of legal means for ensuring the realization and protection of the rights and interests of a private person generally includes such elements of the regulatory regulation mechanism as: permits, prohibitions and obligations. It was established that the implementation of permit activity must meet such requirements as: legality of restrictions; determination of the limits of the implementation of the interests of the participants in the legal relationship; guaranteeing the exercise of human rights and freedoms even in the conditions of the use of legal means of influencing legal relations. It is emphasized that the content of the permit for a business entity is that it establishes the basis for providing services, performing works and producing services. It is noted that the application of restrictions on the implementation of economic activity should pursue the goal of ensuring compliance with national security requirements. It was determined that the permit system should be understood as a special procedure for the manufacture, acquisition, storage, transportation, accounting and use of specially defined objects, materials and substances, as well as the opening and functioning of individual enterprises, workshops and laboratories for the purpose of protecting the interests of the state and the safety of citizens. It was concluded that the existence of the permit system is aimed at ensuring compliance with national security standards, which consists of various spheres and subspecies (economic, food, production, environmental, informational, etc.), which allows to achieve such a state of social relations in which the rights are respected and human freedom as the highest social value.