Smolka O. Features of the passage of state service in certain state bodies of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102974

Applicant for

Specialization

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

22-12-2021

Specialized Academic Board

ДФ 41.086.060

National University «Odessa Law Academy»

Essay

The dissertation is one of the first in the Ukrainian science of administrative law monographic research of the state service in certain state bodies in the context of updating the current legislation of Ukraine on state service, taking into account the requirements for adaptation of state service to European Union standards. For the first time: four groups of scientific achievements on the passage of state service were singled out; it is determined that the structural aspect of the passage of state service consists of three groups of elements; the broad and narrow understanding of the concept of “certain state bodies” is determined and characterized; certain state bodies were grouped in the context of Art. 91 of the current “Law On State Service”; it is found out that the peculiarity of the passage of the state service in the bodies established by the President of Ukraine is its status of “permanent subsidiary body”. It is outlined that the study of the issues of the passage of state service using the essential-temporal criterion made it possible to single out four groups of scientific developments on the issues mentioned: 1) general theoretical issues of the passage of state service; 2) the passage of certain types (subspecies) of state service; 3) the characteristic of particular parts of the passage of the state service; 4) judicial protection of the right on state service passage. Taking into account the multidimensional nature of the state service the following aspects are highlighted: 1) the conceptual aspect, which occurs in the fact that the passage of state service is ambiguous in jurisprudence and heterogeneous in its legal nature, complex, multi-vector structure, which occupies a central place in the institution of state service, that is, its integral sub-institution; 2) the structural aspect, which is a set of the following groups of elements: a) mandatory (integral elements, without which the passage of state service is impossible); b) optional (elements related to the passage of state service, but not mandatory in each case of passage); c) universal (elements that are distinctive, first of all, for the entry into the state service of a person who is not a state servant, but they may also apply to state servants in case of their participation in the competition for another state service position); 3) legal aspect, which is a system of state service relations related to the assignment of ranks, promotion of state servants in positions and ranks, restrictions on its passage, evaluation of the results of the official activities, improving professional competence, etc.; 4) procedural aspect, which is a set of consistently implemented administrative procedures for promotion and rank, evaluation of performance of state servants, increasing the level of professional competence; 5) the organizational aspect, which is a kind of mechanism intended to ensure both the creation of the foundations of the state service (legal, structural, procedural, institutional) and its implementation, is a complex entity; 6) institutional aspect, which is a system of state bodies/subjects of appointment that determine the legal, organizational and personnel support of the state service. The object of research is the civil service as a legal phenomenon. The subject of the study is the civil service in some government agencies in Ukraine.

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