SERVICE AND LABOR ACTIVITY UNDER A STATE OF WAR

Abstract

Based on a comprehensive analysis of scientific
works by legal experts and scholars in the field of
public administration, the article examines the
peculiarities of service and labor activity under
conditions of martial law. The Strategy for Public
Administration Reform of Ukraine for 2022-2025
notes that, in accordance with European principles,
the civil service should be professional, honest,
politically neutral, based on achievements, and
citizen-oriented. The relevance of the study of the
problem of civil service under martial law is due to the
full-scale invasion of the aggressor country and the
introduction of martial law throughout Ukraine. The
state has faced challenges in preserving human
potential and fulfilling the strategic tasks set out in the
state policy priorities.
The purpose of the article is to provide a
comprehensive study of the peculiarities of
employment and labor activity under martial law in
Ukraine today.
Civil servants are the subjects of service and
labor relations. They have a complex dual status - one
is due to the fact that they are subjects of
administrative law and perform state functions, and
the other is due to the fact that the activities of civil
servants are professional labor activities, and therefore they become subjects of labor relations from
the moment of appointment to the position, and their
activities should be regulated by the norms of labor
legislation. Therefore, the peculiarities of regulating
the labor of civil servants under Ukrainian law require
special attention.
On 15.03.2022, the Law of Ukraine «On the
Organization of Labor Relations under Martial Law»
(as amended on 01.07.2022) came into force, and this
Law began to define the peculiarities of civil service,
service in local self-government bodies; peculiarities
of labor relations of civil servants and local selfgovernment
officials during the period of martial law
imposed in accordance with the Law of Ukraine «On
the Legal Regime of Martial Law».
Therefore, the legal regulation of the
introduction and payment of downtime, introduction of
remote work, replacement of temporarily absent
employees and transfer of employees at the initiative
of the manager or the appointing authority is carried
out on the basis of the above-mentioned Law and the
Law of Ukraine «On Civil Service».
During the period of service, essential working
conditions may be changed, certain rules governing annual basic vacations and norms for granting unpaid vacations have changed. The main grounds for termination of civil service remained unchanged, but now there are peculiarities of termination of civil service at the initiative of the appointing authority that do not apply in peacetime. Significant changes have occurred in the area of restrictions on part-time work.

Keywords: service and labor activity, a state of war, labor relations, labor rights, protection of labor rights, labor legislation, civil service.