CONCEPT AND SYMPTOMS OF LABOUR DISCIPLINES OF CIVIL SERVANTS: SCIENTIFIC AND THEORETICAL ASPECTS
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 1
Abstract
The article in question examines the critical scientific and theoretical issues of the labour discipline of civil servants. The focus is made on the doctrinal approaches towards understanding the labour discipline of civil servants and the particulars of its enforcement. The article further identifies that the Law of Ukraine On Civil Service and other respective legal and regulatory acts are the fundamental legislative acts in the area. The conclusions and suggestions are made based on the research results. Service and labour discipline of civil servants should be analysed in both broad and narrow terms. In a general sense, service and labour discipline is a set of norms, rules and regulations governing internal service regulations and the manner in which civil servants adhere to it. In a narrow sense, it means a governmental body’s legal requirements to, or regime of, strict compliance with a Civil Servant’s Oath and servants’ fulfilling their duties in good faith. The following particulars of the service and labour discipline of civil servants in office were identified in the course of theoretical and legal analysis of civil service laws: 1. Service and labour discipline of civil servants is enshrined in their labour rights and the right to civil service. It is worth noting that “civil service is public, professional and politically neutral activity related to practical implementation of tasks and functions of the state, in particular, in relation to the following …”. The above provisions point out to the fact that labour functions and working conditions of civil servants are intended for exercising the functions and objectives of a particular government body and, therefore, that of the state. 2. Service and labour discipline is aimed at effectuating the legal status of a civil servant, including 1) the system of general labour relations and duties in line with the acts of labour laws; 2) the system of specific rights and obligations (service and labour ones); 3) prohibitions, restrictions and responsibility vested in a civil servant. 3. Service and labour discipline is characterized by a distinct legal regulation. Norms, rules and regulations manifested in the very concept of service and labour discipline are embodied in the Constitution, the Labour Code of Ukraine, the Law of Ukraine On Civil Service, other legislative acts on civil service, and internal service regulations. 4. The subjects of service and labour discipline are civil servants, authorised government bodies and other empowered subjects according to the laws. The following factors attribute to weaknesses and limitations of the institute of civil servants’ labour discipline: 1) absence of effective mechanisms for effectuating the right to civil service; 2) shortcomings of legal regulation of labour relations; 3) ineffectiveness of civil service laws and their contrariety with the acts of labour laws; 4) absence of efficacious positive motivation of civil servants’ work; 5) limitations of the legal status of civil servants; 6) lack of effective instruments for enforcing labour discipline; 7) inadequacy of supervision and control mechanisms related to civil servants’ labour discipline. The principal trends for enhancing service and labour discipline of civil servants are as follows: 1) preparing a National program for reforms in the area; 2) laying out the basis for a constructive framework of rights, obligations, prohibitions and restrictions with respect to civil servants; 3) intensifying motivation (incentives) of civil servants’ work; 4) boosting the efficacy of imposing disciplinary penalties on civil servants; 5) elaborating and adopting respective amendments to the recent draft Law of Ukraine On Civil Service, with due regard to the domestic and worldwide practices.
Authors and Affiliations
Alina NESELEVSKA
Keywords
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