The complex and systematic research of disciplinary responsibility of civil servants under the legislation of Iraq and Ukraine is carried out in the dissertation.
The object of the study is public relations in the field of civil service in Iraq and Ukraine.
The subject of the study is the disciplinary responsibility of civil servants under the legislation of Iraq and Ukraine.
The relevance of the chosen topic is substantiated in the introduction of the dissertation; the purpose and main tasks of the research are formulated; the connection of the chosen direction with the state program acts, research plans, projects and themes is outlined; the scientific novelty is formulated and the practical significance of the obtained results is indicated, the data on the applicant’s personal contribution, publications and implementation of research results are given.
In the first section of the scientific work, the theoretical and legal and regulatory framework of the concept of civil servant and disciplinary responsibility of a civil servant in Iraq and Ukraine is analyzed, identifying the evolutionary development of the legislative definition of the concept of civil servant in these countries, studying the concepts and types of civil servants, and disclosing the content of the institution of disciplinary responsibility of civil servants in Iraqi and Ukrainian law and characterizing the types of such responsibility.
The evolutionary development of the legislative definition of the concept of a civil servant in Iraq is proposed to present in the following periods: 1) the royal epoch (1925-1958), which is characterized by the development of civil service by increasing the number of employees and increasing public needs, which contributed to the adoption of a new law on civil service, which became a better addition to previously unresolved issues; 2) the republican epoch (1958-2003), which was marked by the liquidation of the central body of civil service with the distribution of its powers among the relevant ministries; 3) the epoch of post-occupation and change (2003 – present time), which is characterized by the adoption of a number of regulations that regulate relations in the civil service, determine the legal status of a civil servant and establish a system of civil service bodies.
In Ukraine the periodization of formation of the regulatory framework of the civil service including the essence of a civil servant is suggested to be represented by the following historical periods: 1) the period of the Hetmanate of Petro Skoropadskyi (1918-1919); 2) the Soviet period of Ukrainian statehood (1919-1991); 3) the period of independence of Ukraine (1991 – present time).
It is established that the system of normative means that contribute to the separation and characterization of the essence of the concept of “civil servant” in Iraq consists of: 1) normative provisions of the basic law on civil service; 2) provisions of other legislative acts in the field of civil service; 3) provisions of general regulations. In Ukraine such system consists of the norms of the basic special law on civil service to achieve this goal.
On the basis of the defined features, the concept of an Iraqi civil servant in a broad and narrow sense is formulated. In a narrow sense it is a person with a national mandate, recruited through competition and on a permanent basis in the staff of the state apparatus to perform duties in the interests of society and citizens, and is supported by the state; in a broad sense it is a person recruited to public sector institutions.
The expediency of revising the existing broad concept of understanding the civil service in Iraq was argued, and based on the state approaches of leading European countries and Ukraine, it was suggested to introduce and use the term “public service” in the science of Iraqi administrative law. In addition, the rationality to distinguish categories of employees who serve in the state administration and perform state power functions, and employees who work in state enterprises, institutions, organizations without state power (support functions) is demonstrated.
The existence of such a type of civil service as state civil service has been proved. It is proposed to classify the types of civil servants on the basis of the nature of the tasks performed into: a) civil officers; b) civil servants who perform tasks and functions of a special nature (militarized civil servants).
