LEGAL REGULATION OF LABOR RELATIONS IN THE CIVIL SERVICE: THEORY AND PRACTICE ISSUES

Abstract

The article is devoted to the study of legal regulation problems of labor relations of civil
servants and differences in the application of labor and administrative legislation of Ukraine in the regulation of work of civil servants. The norms of the current Ukrainian legislation on the issues of legal regulation of social and labor relations of civil servants are studied in the article. The difference of application of labor and administrative norms of Ukraine in the regulation of labor of civil servants is analyzed. Separate articles of the Law of Ukraine «On Civil Service» from 01.05.2016 № 889-VIII are under examination. The views of legal scholars on the discussion of the legal regulation of social and labor relations of civil servants of Ukraine are covered. It is stated in the article that there is no fundamental difference between the work activity of an employee and the professional activity of a civil servant. There is a certain peculiarity that the
employment of a civil servant is involved (related) to
the implementation of the state functions. And only a
set of individual job functions of civil servants in a
state body can be considered as an activity for the
implementation of the relevant state function. During
the analysis it is proved that people holding civil
positions have dual branch status. On the one hand,
when entering the civil service, they act as ordinary
citizens who have entered into employment
relationships (perform a certain job function for
remuneration). On the other hand, they act as agents of public authority and, as a result, make decisions
that are imperious. Accordingly, the status of a civil
servant as an employee is determined by the rules of
labor law, and his status as an agent of public
authority is administrative law. According to the
conclusion, in regulation of work of civil servants the
areas of both labor and administrative law are
initial. But civil service relationships are inherently
labor relations and therefore are closely linked to the
labor law system, although the nature of the
relationship is gradually changing. We can see, as a
result of the gradual separation of the set of legal
rules regulating the work of civil servants in the
labor law system, certain peculiarities emerged. But in general, these relationships should be regulated by labor law, taking into account the specific nature of this type of professional activity, established by a special law on public service.
Keywords: social and labor relations, civil servant, civil service, legal regulation of labor, administrative reform.