Kushnir S. Professional competence of a civil servant: essential and conceptual characteristics and legal regulation.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102850

Applicant for

Specialization

  • 081 - Право. Право

16-12-2021

Specialized Academic Board

ДФ 41.086.059

National University «Odessa Law Academy»

Essay

The dissertation is one of the first in Ukrainian science of administrative law monographic study of the professional competence of civil servants; in the context of updating the current legislation of Ukraine on the civil service, taking into account the requirements for the adaptation of the civil service to the standards of the European Union. For the first time: the state of scientific research of professional competence of a civil servant is characterized by the following types of its characteristic features: 1) temporal; 2) categorical (general theoretical); the substantive and functional components of professional competence of a civil servant are singled out; it is outlined that the institutional basis of professional competence of a civil servant is a significant component of the civil service management system, which consists in the application by a state-authorized entity regulating relations in a particular area or entities operating in it, a set of legal, organizational and technical nature measures, aimed at raising the level of special knowledge, skills, and abilities of civil servants, their ability to identify the necessary moral and business qualities for the proper performance of official duties, training, professional and personal development; it is proposed to classify the subjects of ensuring the professional competence of civil servants depending on their impact on the object of management: subjects of indirect and direct provision of professional competence of civil servants; the necessity of separating digital literacy and gender competence of civil servants as additional criteria of professional competence is substantiated. The purpose of the dissertation research is to characterize the legal nature of professional competence of civil servants as an integral part of the civil service, determine the state of its legal regulation and provide proposals for improving existing legislation on civil service taking into account foreign experience. The object of research is the civil service as a legal phenomenon. The subject of research is the theory and legal regulation of professional competence of civil servants. The work further developed: the delimitation of the concepts of "qualification", "professionalism", "competence" and "professional competence"; characteristics of the stages of determining the professional competence of civil servants depending on the category of civil service positions "A", "B", "C". Amendments to the current legislation of Ukraine on civil service are proposed.

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