Conceptual foundations of legislative terminology regarding the exercise of the right to work by civil servants in Ukraine

Abstract

The article examines the conceptual foundations of the legislative terminology that defines the mechanisms for the implementation of the right to work by civil servants in Ukraine. The stages of development of the regulatory and legal regulation of the civil service are analyzed, starting with the Law of Ukraine “On Civil Service” dated 16.12.1993 No. 3723-XII, which defined a limited range of basic concepts, such as “civil service” and “position”. The problems caused by the lack of a definition of the concept of “civil servant” in the first law are emphasized, which complicated the formation of the doctrine of civil service as a special type of labor activity.

The qualitative improvement of legislative terminology in the Law of Ukraine “On Civil Service” dated 17.11.2011 No. 4050-VI is considered, where a number of new definitions were fixed, including: “civil servant”, “head of civil service”, “level of professional competence of a person” and others. It is determined that the expansion of the conceptual apparatus laid the foundation for the systematic regulation of labor relations in the field of civil service, ensuring legal certainty and reducing the risks of ambiguous interpretation.

The article also examines the impact of terminological uncertainty on the effectiveness of the implementation of the right to work of civil servants during the period of the first Law of Ukraine “On Civil Service”. The lack of unified definitions of basic concepts created legal conflicts that complicated the application of norms in the field of civil service. It is determined that the insufficiency of legal regulation of this period negatively affected the formation of the institution of civil service and inhibited its development as a separate branch of labor law.

The author emphasizes the importance of unifying terminology and adapting it to European standards in order to ensure transparency, efficiency, and professionalization of the civil service. It is argued that improving legislative terminology is an important factor in increasing citizens’ trust in state institutions, ensuring social justice, and integrating Ukraine into the European legal space.