Types of guarantees and prohibitions as an element of the mechanism for ensuring the social rights of civil servants in Ukraine

Authors

  • Kateryna Shapovalova Candidate of Law, Head of the State Land Cadastre, Ukraine

DOI:

https://doi.org/10.61345/1339-7915.2024.6.16

Keywords:

social rights, civil servants, legal guarantees, prohibitions, provision mechanism, social security, civil service, legal regulation, Ukraine, efficiency

Abstract

This scientific article is devoted to the study of types of guarantees and prohibitions as key elements of the mechanism for ensuring the social rights of civil servants in Ukraine. In the context of the development of modern public administration, the features of legal guarantees that ensure the implementation of social rights of civil servants, including the right to social protection, medical care, official housing, pensions, vacations and other social payments, are considered. Prohibitions, as an integral part of this mechanism, establish the limits of action of state bodies and employees, which ensures compliance with legal norms, prevention of offenses and violations of social rights.

The article provides a detailed and comprehensive analysis of legal guarantees and prohibitions in terms of their classification according to various criteria, such as the subject composition, the legal force of legal acts, the nature of the legal norm, and the scope of application. It highlights general and special guarantees, their procedural and substantive aspects, and also considers the differences between guarantees that operate at the national level and those that are special for civil servants.

Special attention is paid to the issues of the effectiveness of current legal guarantees and prohibitions in the context of the transformation of public administration, changes in social and legal priorities. The author concludes that it is necessary to modernize the mechanism for ensuring the social rights of civil servants, in particular through the introduction of modern legal instruments and information technologies, which will increase the efficiency of providing social rights and reduce legal conflicts that arise in the process of their implementation.

The study also emphasizes the importance of improving legal regulation, adapting regulations to the new conditions of public service, and ensuring a balance between guarantees and prohibitions to protect the interests of civil servants. The author’s positions are substantiated, criticism of other scholars is provided, and social legislation in this area is analyzed.

References

Inshin M. I. Classification of legal guarantees of official and labor activity of civil servants. Scientific notes of the Tavrichesky National University named after V. I. Vernadsky, 2009. Vol. 22 (66). No. 2. Pp. 177–183.

Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-VR. Bulletin of the Verkhovna Rada of Ukraine (VVR). 1996 No. 30. Art. 141.

Labor Code: Law of Ukraine dated 10.12.1971 No. 322-VIII. Bulletin of the Supreme Soviet of the Ukrainian SSR. 1971. No. 50.

Budget Code of Ukraine: Law of Ukraine dated 08.07.2010 No. 2456-VI. Bulletin of the Verkhovna Rada of Ukraine (VVR), 2010. No. 50-51. P. 1778.

On civil service: Law of Ukraine dated 10.12.2015 No. 889-VIII. Bulletin of the Verkhovna Rada of Ukraine (VVR). 2016. No. 4 P. 43.

On official residential premises: Resolution of the Ministers of the Ukrainian SSR dated 04.01.1988 No. 37. URL: https://cutt.ly/rcWEVOF (Date of access: 02.04.2024).

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Published

2025-03-30