STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil employees which regulation is connected with the fact that the legislation on civil service is at an active stage of formation. When passing civil service civil employees enter legal relationship which have complex properties as are based on the using of norms of various branches of the legislation. The main of them are the constitutional, administrative and labor law. Separate standard provisions of civil service rely on norms of a civil, family, tax law (legislation) and some other branches of law (legislation). It means that legal relationship which civil employees enter can be considered in various legal planes. Legal relations of civil employees have difficult, complex and diversified character. However, it is insufficiently reasonable both with theoretical, and from the practical point of view to unite office and labor relations in a whole and to call them office labor relations. Actually, it is two different types of legal relationship which characterize various orientation of activity of the civil employee, his various legal communications. The tendency of synchronization of different views on legal status of state-civil employees, development of the universal characteristic of legal relationship of state-civil employees meeting all qualifying standards (administrative and labor) is urgent. At the same time opposition of two main approaches and two directions of regulation of legal status of state-civil employees remains: the first – providing their special legal status with the state-civil employees as to the persons performing the state functions of management where action of public law has to prevail; the second – reference of state-civil employees to persons of wage labor whose service has to be regulated by mainly labor law taking into account features of the labor functions which are carried out by them. The essence of divergences and “irreconcilability” of the specified positions, in our opinion, consist in various assessment of legal status of state-civil employees and, the main thing, in the long term development and creation of civil service which carriers are state-civil employees.
Authors and Affiliations
D. B. Minnigulova
Keywords
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