INCENTIVES IN PUBLIC SERVICE LAW: CLASSIFICATION ISSUES
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 3
Abstract
The article substantiates the expediency of classifying the distribution of incentives in the service law, which allows us to find out the real complex resource of this type of incentives in law as a whole. The author notes that there is a significant amount of general theoretical content, but different approaches are used by scholar-lawyers to distinguish distribution criteria and types of incentives. There are two conventionally distinguishable basic doctrinal approaches to this issue: a narrow classification, using one or several criteria, and a broad (extended) classification, using more than five to six criteria. It is expedient to see an expanded classification, which allows us to thoroughly explore the resource of incentives, to distinguish their specific features, and, accordingly, the types of incentives in the service law. In the article, based on the existing in the legal doctrine of the provisions on the classification of incentives in the law as a whole, which are determined by the basic, the author’s version of the classification distribution of incentives in the civil service law is formulated, criteria for such division are set forth. Among the latter: the source of consolidation, the peculiarities of the legal regulation of the bases of the use of the resource, the subject of application, the structural element of the norm of service law, which fixes the incentive, the nature of legal influence on a public servant, the degree of generalization of action, the object of the stimulus, the time of direct action, specificity procedures, the specifics of application designation, the degree of centralization of the procedure, the type of public service, the content, direct connection with the professional service activities of the person. The author justifies the need for a broad classification, which only in this case allows us to find out the real complex resource of incentives in the service law, all their diversity. The author proposes an author’s distribution of incentives in the service law for types according to different criteria, examples of the diversity of incentives in their distribution according to each criterion are given.
Authors and Affiliations
М. В. Титаренко
Keywords
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- EP ID EP665273
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