PROBLEMS OF ADMINISTRATIVE AND LEGAL REGULATION OF PUBLIC SERVICE EXAMINATION IN THE MECHANISM OF THE COURT
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
The article deals with the problematic issues of the administrative and legal regulation of the passage of the public service in the court apparatus. The law, which regulates the issues of passing the public service in the court apparatus, is being examined, its shortcomings are highlighted. The directions of improvement of the state of administrative-legal regulation of the passing of a public service in the court apparatus are offered. During the independence of Ukraine, there was a single reform of the judiciary. You can count on several stages of reform. But to a greater extent both legislators and academics are working to find the optimal structure of the judicial system, to ensure the status of judges, and to determine the limits of jurisdiction of courts. And relatively insignificant attention is paid to the issues of the functioning of court apparatus and the peculiarities of the public service of their employees. Today there are some problematic issues regarding the proper administrative and legal regulation of certain elements of this service. The legal status of civil servants − employees of the court, the issue of assigning to the civil service of other employees of the Supreme Court of Ukraine, the specialized courts, appellate courts and first instance courts − is not properly regulated due to the absence of a direct indication of the groups/subgroups, to which one should assign one or another position in the apparatus of a court, the main task of the court apparatus is the organizational provision of the work of the court. The above-mentioned problematic moments of the administrative and legal regulation of the passage of the public service in the court of a judiciary need to be resolved. Consequently, taking into account the foregoing, we can note that, despite the recent changes concerning the administrative and legal regulation of the conduct of public service in the judiciary, all issues have not been fully resolved, in particular, it concerns the public service at the court. Thus, the administrative and legal status of employees of the court apparatus is regulated by law in a fragmentary way. The administrative and legal status of civil servants of the court apparatus remains controversial and clearly unclear. Therefore, today should be supplemented by the Law of Ukraine “On the Judiciary and the Status of Courts”, which should readily determine the peculiarities of the public service through the staff of the court apparatus.
Authors and Affiliations
Роман Зіновійович Голобутовський
Keywords
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