Kolobylina O. Administrative and legal principles of personnel support of the State Customs Service of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U001622

Applicant for

Specialization

  • 081 - Право

01-06-2024

Specialized Academic Board

ID 5301

Kharkiv National University of Internal Affairs

Essay

The thesis is devoted to the theoretical generalisation and provision of a new solution to the scientific task of determining the essence, content, and disclosure of the features of the administrative and legal basis of personnel support of the State Customs Service of Ukraine, on the basis of which proposals and recommendations aimed at improving administrative legislation in the relevant field have been developed. It has been argued that personnel support of the State Customs Service of Ukraine is a complex, systematic, normatively regulated procedural and organisational activity that is carried out by specially authorised subjects (both external and internal) with the aim of: streamlining the work of its personnel; ensuring and protecting the basic rights and interests of employees; professional training and education of personnel for the State Customs Service; replenishment of personnel (formation of its personnel reserve); analysis, planning, and control of personnel processes, determination of prospects for their development and ways of improvement. It has been established that the specifics of staffing of the State Customs Service of Ukraine are determined by the following factors: firstly, the special type of tasks and functions that it performs in the process of carrying out its activities, as well as the scope of its activities; secondly, the presence of a special approach to regulating the work of the State Customs Service in general, as well as its staffing in particular. In addition, the relevant regulation is based on a system of principles as well as mechanisms for their implementation; thirdly, staffing is implemented by carrying out activities by specially authorised entities by following the legally defined procedure; fourthly, the State Customs Service of Ukraine is a large institution in terms of its organisational structure and number of personnel, which operates throughout the country, and therefore, its personnel support requires the formation of a balanced and consistent personnel policy; fifthly, the staff of the State Customs Service are not ordinary employees but civil servants, whose employment status is determined not only by the norms of general labour legislation but also by special ones, in particular by the Customs Code of Ukraine and the Law of Ukraine "On Civil Service". It has been proven that the personnel support functions of the State Customs Service of Ukraine are a set of normatively defined and regulated by the norms of the current legislation of practical directions for the implementation of the mechanisms and procedures of the corresponding support. These functions include: restorative; educational; organisational; control; analytical and planning. Three main levels of staffing in the State Customs Service of Ukraine have been distinguished: 1) the first level, at which the activities of the coordination and management bodies of this department, namely the Cabinet of Ministers of Ukraine and the Ministry of Finance of Ukraine, are of key importance; 2) the second level – consists of the work of the management core of the State Customs Service of Ukraine, in particular its central apparatus; 3) the third level is the staffing of the territorial units of this department. Attention has been focused on the fact that the following should be included in the areas of personnel support of the State Customs Service of Ukraine: 1) educational and scientific cooperation; 2) support and improvement of the organisational and management systems of the State Customs Service; 3) stimulating the recruitment of personnel to the State Customs Service of Ukraine. It has been determined that it is most expedient to classify the subjects of personnel support of the State Customs Service of Ukraine as follows: 1) subjects responsible for the formation of the legislative framework and state policy in the field of personnel support of the State Customs Service – the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, and the Ministry of Finance of Ukraine; 2) subjects whose competence includes the general organisation, coordination, and implementation of personnel support in the State Customs Service – the Head of the State Customs Service of Ukraine, the Department for Work with Personnel; 3) subjects of personnel support in the structural divisions of the State Customs Service are the heads of territorial bodies of the State Customs Service of Ukraine. It has been emphasized that each of the subjects outlined above has its own special legal status and operates within the limits of competence defined by the norms of current legislation and the departmental legal framework.

Research papers

Колобиліна О. О. Принципи кадрового забезпечення Державної митної служби України. Європейські перспективи. 2021. № 1. С. 221-226.

Колобиліна О. О. Суб’єкти кадрового забезпечення Державної митної служби України та межі їх компетенції. Право.UA. 2022. № 1. С. 246-251.

Колобиліна О. О. Місце норм адміністративного права в системі правових засад кадрового забезпечення Державної митної служби України. Європейські перспективи. 2023. № 4. С. 226-232.

Колобиліна О. О. Рівні кадрового забезпечення Державної митної служби України. Вісник кримінологічної асоціації України. 2023. № 1(28). С. 217-225.

Колобиліна О. О. Поняття кадрового забезпечення Державної митної служби України. Право.UA. 2023. № 4, ч. 2. С. 182-187.

Similar theses