Panchenko M. Legal mechanism for ensuring a decent work for civil servants in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100049

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

26-12-2019

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The thesis focuses on a comprehensive critical analysis and study of the features of the legal mechanism for ensuring decent work for public servants of Ukraine. As part of a scientific study based on existing methodological and theoretical developments of the decent work concept developed by Ukrainian and foreign scientists, the concept of decent work in the public service is substantiated, and its theoretical and legal characteristics are developed. The author pays a specific attention to the analysis of the decent work legal regulation for civil servants in Ukraine in the context of the process of the origin and evolution of decent work legislation for these subjects of labour law. For the first time, the work in a systematic way reveals the static and dynamic manifestation of the legal nature of the legal mechanism for ensuring decent work for civil servants of Ukraine. In this sense, the author discloses the notion, essence, characteristics and structure of this legal mechanism, as well as the goals, objectives and principles of its functioning. Also, the thesis analyzes and characterizes the organizational foundations and functioning of the decent work ensuring mechanism for civil servants in Ukraine. Particular attention in the thesis is given to identifying and clarifying the causes and essence of the main pressing problems of the functioning of the legal mechanism for ensuring decent work for public servants of Ukraine in general and for providing decent work in law enforcement agencies, in particular. Considering the complex of identified problems, the author formulates proposals for improving the functioning of the legal mechanism for ensuring decent work for public servants. The main of these proposals are: the creation and approval of a Concept for the implementation of decent work criteria in the public service of Ukraine; ratification of 1978 ILO Convention No. 151 and its further implementation; creation and adoption of the Law of Ukraine “On the implementation and maintenance of decent work standards”, which provides for the addition of the current labour legislation with decent work standards for employees in general and civil servants, in particular; creation of an appropriate institutional infrastructure for the functioning of the legal mechanism for ensuring decent work for civil servants.

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