LEGAL REGULATION PECULIARITIES OF SERVICE LABOUR RELATIONS IN THE PUBLIC SERVICE

Abstract

The affiliation of the public service relations to
labour, and not intersectoral law is researched. It is
noted that the labour-legal nature of relations in the
public service is particularly evident in the example of
collective relations. The approaches of scientists to
the regulation of service and labour relations with the
norms of labour or administrative law are contrasted.
It is concluded that a civil servant is a particular
subject of labour law. The attention should be paid to
that the legal status of a civil servant must be deduced
from the legal status of the employee. The article
reveals the peculiarities of the legal regulation of
labour relations in the civil service of Ukraine, as well
as the analysis of certain rules of the Labour Code of
Ukraine and the Law of Ukraine “On Civil Service”
concerning the work of civil servants. The necessity of
changes of the legislation of Ukraine in terms of
establishing specific limits of distribution to the legal
regulation of official (labour) relations of the labour
law norms in general and in the sphere of labour in
particular, providing peculiarities and the procedure
of concluding labour contracts with civil servants for
the purpose of mutual rights asserting, legitimate
interests and responsibilities between the state and the
categories of employees is proved. It is noted that the
concept of the “contract” in the civil service is a
relatively new legal phenomenon. There is no
definition of the legal nature of these contracts in
Ukrainian law. The characteristics of the
abovementioned contracts are described. They are also personal in nature, characterized by certain autonomy of the will of the parties under formal legal equality and responsibility for conditions violation. It is determined that the legal regulation of the civil service is a relatively new legal system, which arises on the basis of labour and administrative-legal regulation.
Keywords: public service, service and labour relations, employment contract, contract, legal regulation of labour.