Stets O. Public service legal relations: essence-conceptual characteristics and branch-legal identification

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101409

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

14-05-2021

Specialized Academic Board

Д 41.086.01

National University «Odessa Law Academy»

Essay

The dissertation is a scientific research of public service legal relations, their essence-conceptual features and branch-legal identification, which describes the types of public service legal relations, the subjective composition of public service legal relations, prerequisites, grounds for their occurrence and special grounds and provides proposals for improvement of current legislation in this area. The concept and features of public service legal relations are identified (general features, which are mediated by the essence of administrative legal relations; specific features, which are mediated by the specifics of service relations; special features, which are mediated by the specifics of public service in Ukraine). The peculiarities of the legal status of a public servant as a subject of public service legal relations are determined, which are mediated by the presence of a public servant: a) the status of a subject of service law; b) special legal personality; c) private interest in the performance of official duties; d) a set of special rights and responsibilities. The legislation on public service legal relations is analyzed by structuring it with: a) general norms of public service law applicable to any relations, which are characterized by features of public service and b) special norms of public service law, which reflect the quality of substantive specifics of the elements of specific public service legal relations. The subjects of public service management, which are subjects of c public service legal relations (Cabinet of Ministers of Ukraine, National Agency of Ukraine for Public Service, Commission on Senior Public Service, Head of Public Service in Public Service, Personnel Management Service) are described. The preconditions for the emergence of public service legal relations related to the public service, which are the facts that confirm compliance with the conditions and requirements for entry into the public service. The specifics of the reasons for the emergence of public service legal relations are revealed. It is established that public service legal relations, which are formed during the public service, and which arose as a result of concluding a contract for public service, may be terminated as a result of: 1) the main grounds defined in Art. 83 of the Law of Ukraine «On Public Service»; 2) additional grounds for termination of contracts for public service, which are defined by the contract for public service. The international standards related to public service legal relations and the case law of causes related to the termination of public service legal relations are analyzed and the possibilities of introducing a number of provisions that will promote the formation of good law enforcement practice in relation to public service are identified. Proposed: changes and additions to the current legislation of Ukraine on public service.

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