Theoretical and legal characteristics of the problem of blanketness of the norms of the law of Ukraine “On Civil Service” regarding the exercise of the right to work by civil servants
DOI:
https://doi.org/10.61345/2734-8873.2024.3.11Keywords:
civil service, right this work, European integration, labor rights, legal regulation, social guarantees, competition, professional developmentAbstract
The scientific article carries out a comprehensive theoretical and legal study of the problem of blanket norms of the Law of Ukraine “On Civil Service” in the context of the implementation of the right to work by civil servants. The author analyzes the essence of blanket norms, their impact on the legal regulation of labor relations and social guarantees of civil servants. Particular attention is paid to the problems of legal uncertainty that arise as a result of references to other regulatory legal acts without proper detailing of the mechanisms for implementing the law. The negative consequences of such gaps are highlighted, in particular, the risks of ambiguous interpretation, corruption manifestations and restrictions on the legal protection of civil servants.
The work emphasized that constant changes in legislation in the field of civil service without a systematic scientific approach lead this instability of law enforcement , reducing the predictability of the regulation of labor relations . Specific recommendations are proposed for improving legislation aimed at eliminating the blanket nature of norms , in particular by detailing their content , developing transparent algorithms for implementing the right this work and strengthening social guarantees .
The author explored the relationship between the blanket nature of norms and the level of professional motivation of civil servants , emphasizing that legal uncertainty not only reduces the effectiveness of work , but also negatively affects the image of the civil service as a whole . The lack of clear mechanisms for law enforcement creates space for administrative barriers and unequal access this labor rights , which is especially important in the context of reforming national labor legislation.
References
Kurakin O.M. Labor relations in the sphere of civil service: theoretical and legal characteristics. Prykarpattya legal bulletin. 2016. Issue 4. P. 36–40.
On civil service: Law of Ukraine dated 10.12.2015 No. 889-VIII. Bulletin of the Verkhovna Rada. 2016. No. 4. Art. 43.
Labor Code of Ukraine: Law of Ukraine dated 10.12.1971 No. 322-VIII. Bulletin of the Verkhovna Rada of the Ukrainian SSR. 1971. Appendix to No. 50.
Inshin M. Basic rights of a civil servant as an employee. Public law. 2018. No. 3. P. 140–146.
On vacations: Law of Ukraine dated 15.11.1996 No. 504/96-VR. Bulletin of the Verkhovna Rada of Ukraine. 1997. No. 2. Art. 4.
Regarding the procedure for dismissing civil servants in connection with the termination of civil service at the initiative of the appointing entity (Article 87 of the Law of Ukraine “On Civil Service”): Clarification of the National Agency of Ukraine for Civil Service dated 02/20/2020 No. 86. URL: https://nads.gov.ua/storage/app/uploads/public/5e4/f90/2d9/5e4f902d94aa3473329663.pdf (date of application 10/20/2024).
On the resolution of disputes arising from public service relations: Letter of the Supreme Administrative Court dated 05/26/2010 No. 753/11/13-10. URL: https://zakon.rada.gov.ua/laws/show/v753_760-10#Text (date of application 10/20/2024).