scholarly journals PROBLEMS OF LEGAL REGULATION OF THE CHANGE OF LABOR LEGISLATION OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
Author(s):  
T. Lysytsʹka
Keyword(s):  
Civil Service ◽  
Labor Relations ◽  
Legal Regulation ◽  
Civil Servants ◽  
Public Servants ◽  
National Legislation ◽  
Labor Legislation ◽  
Job Transfer ◽  
The Law ◽  
Definition Of

The article is devoted to the study of the problems of legal regulation of changes in labor relations of public servants. The norms of the national legislation, which fix the rules, transfer to another job, transfer to another workplace and changes in essential wor king conditions are analyzed. Provides suggestions and recommendations for improving national legislation, which provides rules for changing labor relations of public servants. Attention is drawn to the fact that the Labor Code does not stipulate the definition of terms: "change of employment relationship", "transfer to another job", "transfer to another workplace", "change of essential working conditions". The definition of the term "transfer to another job" is given in the Resolution of the Plenum of the Supreme Court of Ukraine "On the practice of consideration of labor disputes by courts" of 06.11.1992, No. 9, and the issue of changes in the labor relations of civil servants comprehensively regulates the Law of Ukraine "On Civil Service" of 10 December 2015 No. 889-VIII. Finds its justification that the rules of Art. 40 of the Law of Ukraine “On Civil Service” concerning the promotion of a civil servant should be removed from it and added to Art. 41 of this Law. The Code of Labor Laws of Ukraine, which provides approaches to defining the category of "change of essential conditions of work", which is related to the category of "change of essential conditions of public service", is given. It is proposed to take as a basis the norms of the Labor Code of Ukraine and to amend the current legislation when developing normative legal acts that regulate the labor relations of certain categories of workers.

scholarly journals The current state of legal regulation of the release of civil servants: positive and negative aspects

Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich
Keyword(s):  
Final Stage ◽  
Civil Service ◽  
Labor Relations ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Current State ◽  
Labor Legislation ◽  
The Law

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.

scholarly journals CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE

Social Law ◽  
2019 ◽  
Author(s):  
V. Veretin
Keyword(s):  
Police Officers ◽  
Labor Relations ◽  
Employment Contract ◽  
National Legislation ◽  
Legal Literature ◽  
Labor Legislation ◽  
Competition Commission ◽  
The Law ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given. It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota. It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition. The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine "On the National Police"

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

Certain Aspects of State Service Reform

2020 ◽  
Vol 27 (1) ◽  
pp. 14-25
Author(s):  
Serhii Gusarov
Keyword(s):  
Trade Unions ◽  
System Analysis ◽  
Civil Service ◽  
Civil Servants ◽  
Negative Consequences ◽  
Compensatory Mechanisms ◽  
National Legislation ◽  
Law System ◽  
Labor Legislation ◽  
The Government

The study of the issues of civil service reform in Ukraine in the current conditions of development of Ukrainian society and the state is an extremely relevant subject and requires appropriate research. The author aims to analyse the most resonant reform measures in the civil service, which were recently initiated by the government and received mixed reviews, in particular, the announced redundancy in the staff of civil servants and the introduction of a contract form of civil service, as well as to offer scientifically sound proposals for improvement of appropriate measures. In the work with the use of general scientific and special methods of scientific knowledge (dialectical, Aristotelian, comparative law, system analysis) the legal bases and scientific sources on redundancy of staff and contractual form of employment are considered; the provisions of the national labor legislation were compared with the provisions of the national legislation on the civil service, which provide for the rules of staffing cuts among civil servants, including guarantees of their rights upon dismissal on appropriate grounds; the provisions of the national legislation concerning the rules of application of contracts upon appointing civil servants are investigated. The conclusion is made: 1) on the need for appropriate revision of the Law of Ukraine "On Civil Service"; 2) on the expediency of creating new productive jobs in various sectors of the national economy, where redundant civil servants will be sent after retraining; 3) that any reforms of society and public administration must be carried out subsequent to an in-depth study of public opinion, analysis of possible negative consequences, development and implementation of compensatory mechanisms. It is emphasized that it is mandatory to involve scientists, experts-practitioners, employers, and representatives of public, in particular trade unions, in the process of developing reforms in civil service.

scholarly journals Theoretical-legal analysis of the provisions of encouragement of civil servants

2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi
Keyword(s):  
Civil Service ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Legal Analysis ◽  
Professional Activities ◽  
Public Recognition ◽  
Definition Of ◽  
Correct Understanding ◽  
State Body

One of the main factors for ensuring effective and honest work of civil servants is the formation of proper motivation and remuneration for the performance of tasks. Officials, along with other employees, strive public recognition of the results of their work. Encouragement of civil servants promotes the development of initiative, responsibility, confidence in their actions, a conscious attitude to work, mobilization to overcome difficulties and increase their credibility. Measures of material and moral support of civil servants help to realize the correct understanding of their labor obovyazkiv, helps to increase labor activity and improve the performance of the state body. The article analyzes the views of scholars on the interpretation of such a legal category as "encouragement". The provisions of the Law of Ukraine "On Civil Service" and bylaws regulating the grounds, types and procedure for applying incentives to civil servants are analyzed. It is established that the following types of incentives can be applied to civil servants: 1) announcement of gratitude; 2) awarding a diploma, a diploma, other departmental awards of a state body; 3) early assignment of the rank of civil servant; 4) presentation for awarding by government honors and awarding with a government award (congratulatory letter, thanks, diploma); 5) submission for state awards. The author proposes to expand the existing list of types of incentives for civil servants with such incentives as rewarding with a valuable gift and paying a bonus. The article also draws attention to the imperfections of the legal regulation of the procedure for applying certain types of incentives in the civil service. The author's definition of the term "encouragement of a civil servant" is proposed. It is concluded that the incentives for civil servants play an important role in enhancing their professional activities and are aimed at forming in them a conscientious attitude to work. However, some issues in this area still need significant refinement at the legislative level.

scholarly journals REMUNERATION OF PUBLIC SERVANTS IN THE FEDERAL REPUBLIC OF GERMANY

2019 ◽  
Vol 4 (5) ◽  
pp. 228
Author(s):  
Larysa Nalyvaiko ◽  
Galiya Chanysheva ◽  
Serhii Kozin
Keyword(s):  
Federal Republic ◽  
Public Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Structural Method ◽  
Federal Republic Of Germany ◽  
Public Servants ◽  
Legal Method ◽  
Public Servant ◽  
The Law

The aim of the article is to determine the specificities of the remuneration of civil servants in the Federal Republic of Germany. The subject of the study is the remuneration of civil servants in the Federal Republic of Germany. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to interrogate the development of the institution of the remuneration of civil servants in the Federal Republic of Germany. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration of civil servants of the Federal Republic of Germany. Methods of analysis and synthesis helped study certain parts of this institute to formulate further conclusions about its most optimal functioning. The logicsemantic method was used to determine the content of the principles of “ensuring a decent standard of living for a public servant,” “equality of public service actors” and “allowance/supplies”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation and the legislation of the Federal Republic of Germany on the issue. Practical implications. The determination of the specificities of the remuneration of public servants in the Federal Republic of Germany enabled to make recommendations for improving the remuneration system of this category of employees in Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration of public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration of public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration of public servants are substantiated in comparison with other categories of employees. The study of the positive experience of Germany enabled to suggest: to adopt a special legal regulation on the remuneration of public servants in Ukraine, that is, the Law of Ukraine “On Remuneration of Public Servants”; to provide in the norms of the Law of Ukraine “On Public Service” the allowances for the professionalism of a public servant; to provide public servants with the opportunity to carry out another paid activity subject to the special permission of the head of a state body.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

2021 ◽  
pp. 111-119
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Medicinal Product ◽  
Legal Regulation ◽  
National Legislation ◽  
Basic Patent ◽  
Utility Models ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
Definition Of

Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.

scholarly journals CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS

Social Law ◽  
2019 ◽  
pp. 160-169
Author(s):  
M. Komarnitskaya
Keyword(s):  
Labor Relations ◽  
Employment Relations ◽  
Employment Contract ◽  
Legal Literature ◽  
Labor Legislation ◽  
Legal Consequence ◽  
The Law ◽  
Definition Of ◽  
Lexical Content ◽  
Legal Meaning

The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as "termination" and "labor relations. ". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term "cease" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.

scholarly journals Some aspects of improving the legal regulation of civil service in Ukraine

2021 ◽  
pp. 106-112
Author(s):  
T. Seniuk
Keyword(s):  
Performance Appraisal ◽  
Civil Service ◽  
Legal Regulation ◽  
Private Life ◽  
Civil Servants ◽  
Individual Approach ◽  
Polygraph Testing ◽  
The Law ◽  
The Republic

The article studies some aspects of improving the legal regulation of civil service in Ukraine. Domestic norms that provide for the application of restrictions on civil servants in accordance with the Law of Ukraine “On Purification of Government” were analyzed. Moreover, it was found that such restrictions violate a person’s right to respect for private life. The procedure for assessing the performance of civil servants was studied. It was substantiated that the application of dismissal of civil servants as a result of receiving a negative assessment after the performance appraisal does not meet the principles of individuality, objectivity and proportionality when deciding on dismissal and general norms concerning disciplinary liability of civil servants provided by the Law of Ukraine “About civil service”. The experience of legal regulation of civil service in Poland, Moldova and Germany was analyzed. It was determined that the improvement of domestic legal regulation of civil service in some part may occur through the borrowing of those peculiarities of civil service, which are found in the legislation of the abovementioned countries. For example, the experience of the Republic of Poland is useful for borrowing in terms of improving the performance appraisal of civil servants. Moldova’s experience shows the successful use of polygraph testing of civil servants. The German experience is useful for Ukraine in terms of training and retraining of civil servants. Proposals were presented to improve the legislation on the civil service, namely the application of reprimands, rather than dismissal due to a negative assessment of the results of the civil servant’s performance appraisal. It is suggested to amend the lustration legislation, which would provide for an individual approach to a person who will be lustrated if his guilt in making decisions, committing acts that contributed to the undemocratic regime of Viktor Yanukovych is proved.

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