Current status of regulation of the right to work for civil servants in the conditions of Ukraine’s European integration: advantages and disadvantages

Abstract

The scientific article provides a comprehensive analysis of the legal basis for the implementation of the right to work by civil servants in the context of Ukraine’s European integration processes. Given the growing influence of European standards on the public administration system, special attention is paid to the assessment of the current legislation regulating the legal status of civil servants, their working conditions, as well as the system of competitive selection and professional development. The author identifies both the advantages and disadvantages of the modern regulatory framework that ensures the right to work of civil servants, in particular in the context of approximation to the standards of the European Union. The essence and significance of each of the advantages and disadvantages of the current state of regulation of the right to work by civil servants in the context of Ukraine’s European integration are described in detail.

Among the main advantages of modern legal regulation, its focus on transparency, openness and equality of access to the civil service is emphasized, which corresponds to the fundamental principles of the rule of law. The paper notes that the civil service reforms implemented in recent years, in particular adaptation to European standards, have significantly strengthened the guarantees of labor rights of civil servants, increased the requirements for professionalism and ethics of civil servants, and also contributed to the strengthening of the institution of social protection of civil servants.

However, the author also draws attention to a number of shortcomings and problematic aspects. First of all, we are talking about the insufficient coherence of Ukrainian legislation with European norms, which creates legal uncertainty and complicates the implementation of certain individual aspects of the right to work. In addition, the article considers problems associated with shortcomings in the process of adapting national legislation, in particular its fragmentation and the slow pace of implementing European standards, which leads to an imbalance in the implementation of labor rights of civil servants.

The work also focuses on the features of the competitive form of selection of civil servants, which is an important element of the legal regulation of their labor rights. The author points out the need for further improvement of the competitive system in order to eliminate possible risks of corruption and ensure the proper level of professionalism of candidates. Particular attention is paid to the issue of professional development of civil servants, which is a necessary condition for the effective functioning of the state apparatus in the context of European integration challenges.

The author concludes that a comprehensive approach to reforming the civil service system is necessary, which will take into account both the provision of social guarantees for employees and the development of control and accountability mechanisms in order to increase the efficiency of the socio-legal development of our state.