FEATURES OF PASSING THE PUBLIC SERVICE IN THE MODERN PERIOD OF STATE-BUILDING (ANALYSIS OF SERVICE-LABOR RELATIONS)
DOI:
https://doi.org/10.33216/2218-5461/2025-50-2-33-45Abstract
The article provides a comprehensive study of
the peculiarities of public service in the modern period
of the State-building based on the analysis of scientific
works by leading legal scholars and specialists in the
field of public administration. In the structure of the
mechanism of the State as an integral, hierarchical
and dynamic system, a special role is played by the
State apparatus as a carrier of State power. One of the
characteristic features of the state apparatus is its
staff, which is formed by civil servants engaged in
management on a professional basis, but with certain
specifics of their legal status. The development of our
state during martial law and the post-war period will
largely depend on the efficiency of the state apparatus,
on the professionalism, honesty, competence,
responsibility and zero tolerance to corruption of civil
servants. This has led to the relevance of studying the
specifics of civil service in the modern period of statebuilding.
The purpose of the article is to study the
specifics of the civil service in Ukraine in the modern
period of state-building. Since the civil service is an
integral attribute of the State power and, therefore, of
the State, the article provides a historical analysis of
the legislative regulation of the civil service in
different periods of formation of our Statehood and,
based on scientific works, identifies the periods of
development of the civil service and the stages of
development of the civil service in Ukraine during the
period of independence: 1) in 1993-1999, the
foundations for the development of the modern civil
service were created; 2) in 2000-2004, the directions
of reform and further development of the civil service
were determined, and a scientific program for
researching the development of the civil service was
launched; 3) since 2005, the implementation of the
Civil Service Development Program for 2005-2010
continued, measures were taken to adapt the civil
service to the principles of organization of the
European Administrative Area; 4) from 2011-2015,
the Law of Ukraine “On Civil Service” of 10.12.2015
was adopted; 5) from 2015 - 24. 02.2022 is
characterized by significant changes caused by the
reform of the civil service, the adoption of the new
Strategy for Reforming Public Administration of
Ukraine for 2022-2025; 6) from February 24, 2022 -
the present - the stage of functioning of the civil
service under martial law.
The status of such a subject of service and labor
relations as a civil servant is ensured by a set of
interrelated laws and bylaws, which create
organizational and legal grounds for the proper
implementation and effective protection of their labor
rights by civil servants as employees in the course of
service and labor activities in a particular state body.
And this feature of the legal status of a civil servant is
enshrined, first of all, in the process of recruitment to
the civil service, which includes special conditions
regarding citizenship, education, establishment of
certain restrictions and prohibitions, requirements for
professional competence, probation, oath and, in some cases, peculiarities of contracting.
Keywords: state apparatus, state-building, labor relations, labor rights, civil service, legal regulation, labor, principles, legal status.