Melnyk P. Legal regulation of the work of local government officials

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102562

Applicant for

Specialization

  • 081 - Право. Право

26-10-2021

Specialized Academic Board

ДФ 26.001.197

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to complex and thorough research, taking into account the latest achievements of the science of labor law to explore theoretical and practical problems of legal regulation of local government officials and the development of conceptual ways of further development of this field. Based on the results of the dissertation research, the author's provisions are formulated, which are submitted for defense and contain elements of scientific novelty. For the first time, the concept of a local government official is given, which should be considered a person elected in local elections, elected or approved by the relevant council or appointed to a relevant position, which has a number of relevant powers to carry out organizational, administrative, economic and advisory functions depending on the position and receives a salary from the local budget. It is substantiated that the right to work in local governments is characterized by the following features: 1) accessibility, which is manifested in the following - the state provides specialized services to help people identify employment opportunities and find work. Access to employment includes three key elements: non-discrimination, physical accessibility and access to information. Discrimination in access to work and continuation of work is prohibited. States must provide reasonable accommodation so that jobs are physically accessible, especially for people with disabilities. Everyone has the right to seek, receive and impart information about employment opportunities; 2) acceptability and quality manifested in the following - the right to work includes several interrelated components, including the right to freely choose and agree to work, fair and favorable working conditions, safe working conditions. It is established that the main features for such persons will be that: 1) is elected by the community or the relevant competent entities, or is appointed by the relevant authorized entity; 2) endowed with an appropriate list of powers depending on the position held; 3) represents and acts in the interests of the state and the community; 4) has rights, responsibilities, and appropriate restrictions and prohibitions on service; 5) depending on the position may apply coercive measures, issue acts of an administrative nature, exercise control and supervisory powers; 6) bears legal responsibility. The legal facts, as a result of which official-labor relations of officials of local self-government bodies are generated, are distinguished, according to the order of occurrence of official-labor relations are divided into: 1) elected - who acquire the status of official as a result of election procedure; 2) competitive - those who are appointed to positions by competition; 3) appointed - those who are appointed to a position by senior management. The grounds for the emergence of employment relations, direct appointment to the position of an official of local governments is made out by order of the appointing authority. The main trend in the legislative provision of service in local self-government bodies should be the development and adoption of a new version of the Law on Service in Local Self-Government Bodies, which should ensure: 1) ensuring the prestige of service in local self-government bodies; 2) settlement of the legal status of an employee and an official in local self-government bodies; 3) free and equal access to the profession; 4) transparent procedure for admission and service in local governments; 5) incentives for the employee to advance in the service and career growth; 6) depoliticization; 7) introduction of a modernized system of remuneration of local government officials; 8) introduction of an effective mechanism for preventing corruption; 9) increasing the level of social and material protection of employees.

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