The content and specificity of the guarantees of legal regulation of personnel provision of the State Service of Ukraine

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The content and specificity of the guarantees of legal regulation of personnel provision of the State Service of Ukraine

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

Abstract

In the article the classification of guarantees of legal regulation of personnel support of the State Service of Ukraine is defined. The content of each of the types of constitutional and special guarantees in the investigated sphere is disclosed. Named following are the hallmarks of the group of constitutional guarantees of legal regulation of staffing of the State Service of Ukraine: 1) establishment by the state in the content of constitutional norms; 2) ensuring the right of citizens of Ukraine to obtain employment opportunities in the civil service and to protect this right in accordance with the procedure established by law; 3) the small and indirect relation to the legal regulation of personnel support of the State Service of Ukraine. Signs of a group of special guarantees of legal regulation of personnel support of the State Service of Ukraine are as follows: 1) consolidation in the content of the provisions of the Law of Ukraine «On Civil Service»; 2) ensuring the objective nature of the process of occupying vacant posts; 3) the focus on the continuity of the process of raising the professional competence of civil servants; 4) ensuring the professional growth of civil servants; 5) granting candidates the opportunity to occupy a vacant post of civil service and pr otect their rights in court or extrajudicial order. The following features of guarantees of legal regulation of personnel support of the State Service of Ukraine are distinguished: 1) mediated nature – the guarantees we have provided are established primarily for the purpose of involving citizens in the civil service, however, to a lesser extent, there are means to protect their rights in the process of fulfilling their official authority; 2) complex nature – the inextricable link between constitutional guarantees and guarantees established by the legislation on civil service; 3) protective nature – guaranteeing the ability of civil servants to protect their rights and interests in court or extrajudicial order; 4) objective character – establishment in order to guarantee objectivity in the process of employment of candidates for vacant positions; 5) continuous – the focus is on ensuring the continuity of the process of raising the level of professional competence and civil servants. It is concluded that the issue of guarantees of personnel provision of the State Service of Ukraine is one of the fundamental in the field of civil service, but has not been investigated at all. The structure of guarantees for staffing is complex and consists of constitutional and special. The availability of such guarantees allows for the involvement of competent and professional persons in the civil service, as well as guarantees the possibility for civil servants to self-fulfillment.

Authors and Affiliations

Andrii Andreev

Keywords

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EP ID EP545362
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