Polish experience in the legal regulation of social security of the public service

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Polish experience in the legal regulation of social security of the public service

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

In the article the specifics of the legal regulation of the social security of the public service in Poland are analyzed. Based on the positive experience of Poland in the field of study proposed directions of borrowing in Ukraine. The public service is an institution whose standards of operation are essentially borrowed from foreign countries, since the current civil service institute, which has been obtained along with another regulatory legacy of the Soviet Union, should be considered more widely today to achieve greater efficiency and effectiveness. Therefore, the public service as an institution that is in the process of formation requires an analysis of the experience of such states, in which the history of its functioning is richer, and social provision of public servants, as its important substitute institution, is no exception in this context. The Prime Minister of Poland has special powers to increase wages or establish additional benefits for certain categories of public servants. However, we find that regulation of the sphere of social security of public servants by subordinate legal acts in the domestic realities is unacceptable. A judge in Poland goes to retirement at the age of 65 (both men and women), in which case, if the judge does not wish to retire after reaching the age of 65, he has the right to hold a post of judge until he reaches the age of 70 years provided submitting a request to the Minister of Justice for his desire to continue to hold office with the provision of a certificate that he/she can, on the state of health, perform the duties of a judge. In this context, we consider to be positive: 1) equalizing the retirement age of women and men of judges; 2) providing judges with the opportunity to perform official activities and after the retirement age if health permits. It is noted that in Ukraine the problem of providing judges with housing is one of the most acute in the context of social security of public service, therefore the appointment of judges at the place of residence: 1) make it easier for the judge to solve domestic issues related to appointment; 2) reduce the financial burden on the state budget; 3) will be a logical continuation of the state’s policy aimed at reducing the amount of social security for public servants. Summarized that the domestic law on public service is similar to Polish, so effective borrowing of certain experience is rather problematic. It should be noted that, unlike in Ukraine, the Polish public service is characterized by a much wider range of measures, both material and social. However, taking into account the current trends in the development of legal regulation of the social security of the public service under national law, the adoption of such experience is not relevant.

Authors and Affiliations

Nataliia Bernatskaya

Keywords

EP ID EP545414
DOI -
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