Chechenko K. Integrity as a principle of public service under the legislation of Ukraine: issues of theory and practice.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U001314

Applicant for

Specialization

  • 081 - Право

26-12-2023

Specialized Academic Board

ДФ 17.051.071

Zaporizhzhia National University

Essay

Chechenko K.O. Integrity as a principle of public service under the legislation of Ukraine: issues of theory and practice. — Qualifying scientific work on manuscript rights. Dissertation for obtaining the scientific degree of Doctor of Philosophy in the specialty "081" Law. — Zaporizhzhia National University, Zaporizhzhia, 2023. An analysis of integrity as a principle of public service in Ukraine was conducted, the essence, characteristic features of integrity as a principle of public service, stages, features and trends of the genesis of its doctrinal research and modern regulatory and legal consolidation, practical implementation in procedural and delict aspects, the main directions of improvement of normative consolidation and implementation, legal regulation of integrity as a principle of public service in Ukraine are highlighted. The provisions of the legal doctrine regarding the consideration of public service as a sphere of objectification of integrity have been studied and summarized, the author's definition of public service as a sphere of objectification of integrity is proposed - it is a professional, permanent activity of persons in positions of state bodies, oriented towards the practical implementation of the tasks and functions of the state , which is carried out in compliance with the principles of public service, with remuneration - a salary consisting of a position salary, an allowance for years of service, an allowance for the rank of a civil servant, a bonus (if established) and is financed from the state budget of Ukraine. The expediency of consideration of integrity as a legal category, which is the subject of research by representatives of various sciences, is substantiated, an extended related conceptual series is formed ("goodness", "honesty", "conscientiousness", "prudence", "propriety", "ethics", "morality", "justice", "corruption", "impartiality", "incorruptibility") and proved the uniqueness of the resource of integrity, which is formed due to the combination of its specific features. The principle of integrity as a principle of official law, which is proposed to be considered as a universal, socially determined, normatively determined, imperative prescription, which contains a complex of moral and ethical rules of behavior of public officials for their professional official activities, has been defined; as a complex of moral and ethical requirements of the subjects of public service legal relations, determined by the norms of service law in the form of a principle, which consists in the duty of officials to observe impeccable virtuous behavior in their professional public service activity, outside of it, to support the authority of state bodies , to ensure the proper performance of their official duties, directing their powers to ensure the public interest of the state, the absence of private interest, which corresponds to the components of the anti-corruption policy of the state. The expediency of considering integrity precisely as a principle of public service as a complex moral and ethical requirement for civil servants, which consists in the obligation to observe impeccable virtuous behavior during their practical performance of tasks and functions of the state in their professional public service activities, outside its boundaries, has been proven. to support the authority of state bodies, to ensure that civil servants properly fulfill their official duties, to direct their powers to ensure the public interest of the state. The signs of integrity as a principle of public service, which collectively form its unique resource, are defined as: 1) a normatively established moral and ethical norm (which testifies to the combination of conditionally two components of content – a legal prescription and a moral and ethical content; 2) an element of the system of principles of public service , principles of service law; 3) a universally binding rule of ethical behavior of a civil servant; 4) a model of proper official behavior of a person holding a public service position (including state); 5) focus on ensuring the public interest of the state, subjects of public administration, and citizens; 6) component of the anti-corruption strategy; 7) a deterrent factor in committing corrupt acts by subjects of official legal relations. The genesis of the study of integrity as a principle of public service in domestic legal science is analyzed. The stages of the genesis of the doctrinal study of integrity as a principle of civil service are highlighted, the components of which are "connected" with its consideration directly with the civil service, with the principles of the latter, with its significance for the formation of current legislation, in particular: ...

Research papers

Чеченко К.О. Принцип доброчесності державної служби : етимологія та генеза морально-етичної норми. Київський часопис права. 2022. № 1. С. 143–151.

Чеченко К.О. Компаративно-правовий аналіз принципу доброчесності державної служби за законодавством України та Китайської народної республіки. Юридичний науковий електронний журнал. 2022. № 4. С. 402–405.

Чеченко К.О. Доброчесність як принцип державної служби України та зарубіжних країн: компаративно-правовий аналіз морально-етичної цінності (на прикладі Французької Республіки та Королівства Нідерландів). Юридичний науковий електронний журнал. 2022. № 5. С. 671–675.

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