Tytarenko M. Incentives in the public service law of Ukraine: theoretical and practical issues

Incentives in the public service law of Ukraine were systematically analyzed, which made it possible to identify problems concerning their legal regulation and enforcement. The perspectives for their improvement were outlined alongside with proposal to solve the identified issues. The provisions of legal doctrine regarding the interpretation of public service law and its place in the system of law were studied and summarized. As a result, it was proposed that the public service law be understood as a sphere of objectivization of incentives. Drawing upon the doctrinal provisions, the author interprets incentives in the public service law as ways to influence the behavior of the subjects of public service relations enshrined in the rules and regulations of the public service law. This can be achieved by encouraging their involvement in the active and legitimate socially valuable public administration activities in combination with providing additional opportunities of different nature for the realization and defense of, first and foremost, public interests in general and interests of the subjects of public service relations in particular. The characteristics of the incentives were specified and subsequently classified in accordance with several criteria. The criteria were as follows: the source of law where the relevant stimuli are enshrined; specific features of legal and regulatory frameworks; the subject of enforcement; the structural element of a legal norm where they are enshrined; the nature of legal implications for a public servant; the level of generality of an action; the object of stimulation as well as its duration; the scope of incentives; special character of the procedure; particular characteristics of the execution of enforcement; the degree of centralization of the procedure; the type of public service; the content; a direct relation with a professional public service activity of an individual.