Voitiuk L. Legal regulation of labor safety of civil servants in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100424

Applicant for

Specialization

  • 081 - Право

27-06-2023

Specialized Academic Board

ДФ 26.001.411

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the location of civil servants in the system of the legal regulation of labor safety, that, from one side, is actual in the conditions of absence of the generalized conception of guaranteeing of labor safety of such category of workers and structured scientific research of her realization within the limits of the legal regulation by a labor legislation. On results dissertation research authorial conclusions that contain the elements of scientific novelty. It is justified to determine of labor safety in labor law right as an independent legal category that has the separate place among concepts, having regard to peculiar to her descriptions, threats and limits of scope. It was proved that labor protection is a component of labor safety, as it partially provides separate areas of labor safety. Labor safety is considered as well-regulated the norms of right requirement of workers in the proper working conditions, that: answer decent labor; determined by separate directions of protection depending on the category of workers; supported by prevention, weakening or removal of threats at implementation of labor duties; assist maintenance of life and health of workers; stimulate to labor; explain to quality implementation of duties; provide efficiency of activity in public organs. It is suggested legislatively to define a concept «labor safety of civil servant» in Law of Ukraine «About state service» thus: «labor safety of civil servant – it is regulated by legal norms the need of civil servant for proper (decent) working conditions with the aim of maintenance of effective activity, by prevention, weakening or removal of threats personal, social, informative, technical and financially-material space». It is argued, that civil servants are the special workers in the labor safety system. This is caused by their a special employment contract and by their the professional type of activity the professional type of activity, that has an important practical value for the state, as it consists in realization of functions in the public organs sent to providing of mutual relations between the state and society and maintenance of stability in the state. Therefore, it is indicated that such workers must be provided with the additional methods of protection and have additional privileges in working conditions. The need to consolidate the legal status of civil servants is reasonable in the field of labor safety is substantiated with the aim of creation of such working conditions, that will be a stimulating element of motivational mechanism of achievement of quality implementation of duties, that will allow to promote of prestige of labor of civil servants among other categories of workers. It is substantiated, that by basic directions of providing of labor safety of civil servants following: 1) the personal safety of labor; 2) social safety of labor; 3) informative safety of labor; 4) technical safety of labor; 5) financially-material safety of labor. The analysis of the legal regulation of the directions of labor safety of civil servants is conducted with the aim of possibility: application of motivational and stimulant methods of achievement of high yield of labor; organizations of working conditions are in accordance with the calls of contemporaneity; providing of quality co- operation of workers is with public; increases of standard of living of workers; providing of the effective functioning of public organs. It is considered possible threats of the personal, social, informative, technical and financially-material space of civil servants are considered and reasonably, that they are caused by internal and external factors. The role of the state is certain in the mechanism of the legal regulation of labor safety of civil servants is defined as the leading one that consists in: determination of public policy in the field of labor safety of civil servants; implementation of state regulation in the person of separate competent state bodies regarding maintenance of an appropriate (decent) level of labor safety of civil servant; use of legal instruments to prevention, weakening or removal of any internal or external threats of space of civil servants; control of compliance with duties in the field of occupational safety at the level of heads of state bodies and employees themselves. Systematized possible methods of improving the current state of legal regulation of labor safety of civil servants, which are: 1) implementation of ways to optimize the level of working conditions at the state level; 2) implementation of ways to optimize the level of working conditions at the local level; 3) implementation of steps to maintain the continuity in terms of labor safety

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