ON THE PROBLEM OF DETERMINING A CATEGORY OF “PUBLIC SERVICE” IN THE LEGISLATION OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted to the actual problem of the definition of “public service” in the legislation of Ukraine. The need of the definition of the “public service”, clarification of its scope and content takes on the particular importance in the light of the reform of national legislation in the sphere of public service, particularly in the context of its adaptation to the European Union standards as well as the rapidly growing during the last years the number of appeals to administrative courts concerning disputes over the appointment on public service, its passing, dismissal from public service. For the purpose of complete regulation of public-service relations the analyses of European practice in this area is carried out. In spite of different approaches to the definition of “public service” in the legislation of foreign countries, as a rule, public service is understood as professional activities of employees, i.e. activities of the State machinery. Analysis of the definition of public service in the current legislation of Ukraine showed its imperfection, in particular on attribute to public service activities on the state political positions. Special attention in the article is paid to generalization of existing signs by which it’s possible to formulate exact and rich in content definition of public service as a unifying category for the state and municipal services in Ukraine. To such criteria the author includes: attraction the person to public service based on edition of a legal act about the appointment to the relevant position; constancy and professional character of employee assigned to him by law; orientation of employees on the satisfaction of public interests defined by the state; occupying public positions in the organ of public authorities.
Authors and Affiliations
О. А. Задихайло
Keywords
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