Nehara R. Competition in the state service: theory, legal regulation, practice.

The dissertation is the first in administrative and legal science unique complex research of the competition in the state service as the main way to replace the service positions, organizational and procedural principles of the competition in the state service. The purpose of the dissertation research is to characterize the competition in the civil service as the main way to replace civil service positions, to define its concept, features, correlation with other ways of replacing civil service positions, to determine organizational and procedural principles of the competition in the state service. The object of research is the civil service as a legal phenomenon. The subject of the study is a competition in the civil service: theory, legal regulation, practice. The scientific novelty of the obtained results of the dissertation research is that the work is the first in the domestic science of administrative law monographic study of the competition in the civil service in the context of updating the current legislation on civil service and its application. Theoretical and legal approaches to defining the concept of competition for state service positions are analyzed, and the main features are highlighted. It is outlined that the competition in the state service according to the degree of admission of candidates is combined; by career stages – for appointment to a permanent position and for promotion; by legal consequences – with the emergence of the right to occupy the position; according to the content of the competition procedure – combined. The author proposes the classification of the competition in the state service position depending on the affiliation of state service positions to branches of government, the categories of state service positions, the type of state service positions, the competition procedure. The procedure of definition, composition of powers, and the ratio of the subject of appointment and the head of the state service of the governmental agency are described, the thesis on the need for clear delineation of powers of the subject of appointment and the head of state service taking into account the proposed criteria is justified. The order of formation, peculiarities of the composition, and powers to hold a competition for state service of the Commission on the Senior State Service and competition commissions of governmental agencies are determined. The structure of procedures for the selection of representatives of public associations and higher education institutions training in the field of public management and administration to the Commission on the Senior State Service and election of representatives of public associations to the competition commissions of governmental agencies has been established, with successive stages and procedural actions. The study found that the competition procedure for state service is a complex administrative procedure, which consists of mandatory and optional successive stages, phases and procedural actions. In addition, the results of the thesis proposed specific amendments to current legislation on state service, which are aimed at improving the theoretical and legal framework and legal practice of organizing and conducting competitions for state service.