The dissertation is devoted to the study of legal regulation of the resolution of public law disputes in public service relations.
The author argues that the concept of a public law dispute in the common law sense is primarily understood as a type of legal conflict, the participants of which, at least on one of the sides, are a state authority, local self-government, or a relevant official endowed with an array of powers. The essence of the concept of power, for a public law dispute, is filled, in particular, with the privilege of state power to order, allow and prohibit a certain type of behavior, which logically emphasizes the essence of state-service relations, which are based on this principle.
In addition, attention is drawn to the fact that the essence and content of civil service relations, first of all, is characterized by a special set of legal norms governing entry into the civil service, its passage and termination. At the same time, since the system of civil service law consists of: legal status; subjects of management; procedures for entry, passage and termination of civil service; Legal responsibility and special regime of civil service, any offenses that have arisen during the course of these legal relations are characterized as a civil service dispute in the public law sphere.
The dissertation substantiates that the main conditions for the emergence of public law disputes in the field of public service relations are the following: the presence of a legal conflict; the initiative of one of the parties to resolve this conflict in accordance with the established procedure (which actually involves appealing to authorized entities in compliance with the administrative and legal procedure); shortcomings in legal regulation; law enforcement problems.
It has been proved that the essence of judicial administrative jurisdiction in the system of jurisdictional activities of subjects of protection of the rights of civil servants lies in the fact that the current legislation determines the exhaustive limits of competence to consider civil service disputes, and, accordingly, creates proper and effective foundations for ensuring the rights and freedoms of civil servants, as well as compliance with the legislation of Ukraine on civil service in order to form the unity of judicial practice and legal certainty.
The main features of a public law dispute in the field of public-service relations in the dissertation include: interconnectedness with the sphere of state/public power; violation of public law; the subject participating in the dispute has public powers; is characterized by initiative (cannot be initiated except on the initiative of interested parties); can be resolved in court or out of court.
Based on the above, the author refers to the types of public law disputes in the field of public service relations those that: are within the competence of the judiciary: a) referred to the jurisdiction of administrative courts; b) are resolved in criminal proceedings; c) solutions may be made exclusively by the Constitutional Court of Ukraine; arise from the resolution of a specific type of violated right to: labor; financial support; rest; access to public service, etc.; arise at a specific stage of the civil service: on the issue of admission of a citizen to the civil service; on the passage of civil service; on dismissal from the civil service. Also, a separate type of public service disputes in the field of public law relations should include disputes between subjects of public authority regarding competence in a specific area, relations (which can be either a body of state power or local self-government or a specific official of the relevant body) in the field of implementation of the norms of law that arise, change or terminate in the field of public service.
It is substantiated that the basis for the emergence of a public law dispute in the field of public service relations is determined by scientists and researchers in a broad and narrow sense. Broadly, such a ground is considered to be a violation of the rights, freedoms or legally protected interests of other participants in these same legal relations. In a narrow sense, scholars characterize the grounds for the emergence of a public law dispute in the field of public service relations as a justified initiative of one of the parties to resolve a specific dispute that has arisen.
