PUBLIC SERVICE LAW AND ITS GENESIS IN THE XIX AND XX CENTURIES

Apply

PUBLIC SERVICE LAW AND ITS GENESIS IN THE XIX AND XX CENTURIES

Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue

Abstract

The article analyzes the genesis of service law from the end of the nineteenth century and during the twentieth century. The author analyzes the main scientific works, prepared by lawyers in this period, the provisions of which are devoted to problematic issues of service law. The author notes that the genesis of service law is characterized by a phased approach, the lack of a prevailing doctrine of professional law, and complex monographic research. In the work conditionally distinguished several stages of the genesis of service law and it is noted that its origins were in fact largely laid in the scientific work of lawyers in the nineteenth century, although some of the single provisions can be found before. Each stage is determined by the timeframe and its specificity in its comparison with others. The first stage (the middle of the nineteenth century - the beginning of the twentieth century) is characterized by the identification of the public service with the civil service, the service law exclusively with the right of civil service (the service of the sovereign, the monarch), namely the civil service in its close connection with the internal state administration is investigated within the framework of state-legal issues. In the works of I.T. Tarasova, I.E. Andreevsky, M.M. Kokunova, V.V. Ivanovsky and others are analyzed mainly generalized provisions of the thematic content and formulated a conclusion on the fragmentary (at the level of individual issues) the attention of the scientific community of the time to the phenomenon of public service, service law. The second stage (the beginning of the twentieth century - the twenties of the twentieth century) was marked by the formation of the regulations on the official, its separation from the official, laying the foundations for the distinction between the state and municipal service, the recognition of the permanent and temporary service, the justification (albeit generalized) of the needs studying the problems of the civil service within the framework of police (administrative) law (for example, the work of A.I Elistratov, M.P Karadzhe-Iskrava, M.Yu. Kuplevasky, V.L Kobalevsky, O.F. Yevtyhiev and others). The third stage (20-40 years of the twentieth century) is the phase of the absence of in-depth thematic research, the maximum concentration of research on the problems of civil service in the aspect of the subject of labor law against the background of individual public-law works on the legal status of employees (for example, the work of V. Ignatiev, V L. Kobalevsky). The fourth stage (40-80 years of the twentieth century) is characterized by the emergence of a significant number of scientific works that can be considered as components of the theory of civil service law, the classification of civil servants, the complication of thematic terminology series, the emergence of complex scientific works, but with the abandonment of scientific research legal issues the nature of the civil service and, in general, other types of public service (for example, the work of SS Studenikin, II Yevtikhiyev, V.M Manokhin, TsA Yampolskaya and others), the association of public services The fifth stage (90s of the twentieth century) is characterized, along with the duplication of the provisions of the theory of civil service law, with the intensification of the specialization of scientific research of various types of public service. During this period, the provisions of the theory of civil service and municipal service are formulated, and it is singled out about the possibility of violating the issues of employment law and the right of public service. The conclusion is drawn that, although the origins of the service law were formed back in the nineteenth century, only at the end of the twentieth century, in fact, one can actually speak of its real positioning.

Authors and Affiliations

Д. С. Припутень

Keywords

EP ID EP592503
DOI -
Views 73
Downloads 0