COMPARATIVE-LEGAL ANALYSIS OF PUBLIC SERVICE PECULIARITIES IN UKRAINE AND THE EUROPEAN UNION
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
The article is devoted to a comparative legal study of the specifics of the passage of public service in Ukraine and the European Union. The author compares the content of the current Law of Ukraine «On Public Service» with the Regulation № 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community of December 18, 1961. The article focuses on comparative analysis of existing functional groups (categories) of the public servants. Affirms that while in the EU there are four functional groups of Officials of the Union (administrators, assistants, secretaries and clerks), in Ukraine all categories of public servants divide into three categories. In addition, in these countries, the proportion of higher and lower categories of employees is different. The study also analyzes the qualification requirements for these categories of Servants, compares the procedure for admission to the service, which, inter alia, requires mandatory medical examination by the doctors of the institution itself, while Ukrainian legislation encourages the contestant to submit only a certificate of health. The article also examines the general and distinctive requirements for the nomination and passage of a probationary period as conditions for admission to service, as well as possible grounds and procedure for termination of public service. In particular, the list of types of disciplinary punishments in public service in the EU and Ukraine has been investigated. It is concluded that the EU legislation provides for the possibility of applying one of eight disciplinary sanctions, while the Ukrainian only four. The possible grounds and the order of dismissal on the indicated grounds are also compared. More attention is focused on the procedure for dismissal due to incompetence in the EU with the exemption through the receipt of two consecutive negative evaluations by the civil servant on the results of the performance appraisal in the civil service in Ukraine. According to the results of the study, it was concluded that the principles of the passage of public service in Ukraine and the European Union are very similar, they are based on common values. The procedure for the passage of public service in them differs only in the high level of qualification requirements for Public Servants in Ukraine and the level of social guarantees, which is much higher in the EU. In addition, in Ukraine more formally defined the Law of Ukraine «On Public Service», which significantly regulates various aspects of the passage of public service. However, this does not exempt from the need to adopt and apply a number of by-laws, in turn, decisions of the Cabinet of Ministers of Ukraine, the need for which is not in the territory of the EU. This indicates the use of various legal techniques in the formulation of domestic legislation in the public service of Ukraine and the EU. Therefore, in the process of Ukraine's development as a social and legal state, it will be necessary to borrow not only socio-economic guarantees for the realization of the right to public service in the EU, but also their technical and legal methods for laconic wording of the texts of regulatory legal acts.
Authors and Affiliations
В. М. , Божко
Keywords
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