GENERAL THEORETICAL CHARACTERISTICS OF LEGAL RULES AND SUBJECTS OF AUTHORITIES AS ELEMENTS OF THE MECHANISM FOR IMPLEMENTATION OF THE SOCIAL RIGHTS OF CIVIL SERVANTS
DOI:
https://doi.org/10.33216/2218-5461/2024-47-1-384-390Abstract
The article analyses the specifics of legal
provisions and subjects of authority as elements of the
mechanism for implementation of social rights of civil
servants. The author notes that the legislation on
social rights is not homogeneous, which makes it
difficult to understand their structure and
interdependence among the participants to the
relations related to the exercise of social rights of civil
servants, and thus leads to errors in the interpretation
of legal provisions and their implementation, which
may lead to social risks which will be inevitable. Since
civil servants have a special legal status, they are
subject to the social law provisions, both general and
special. The social rights of civil servants are defined
in the Constitution of Ukraine, which sets out the
general social rights to education, social protection,
housing, employment, an adequate standard of living
for themselves and their families, healthcare and
medical care. The author also emphasises that social
and legal norms relating to civil servants are
contained in the Law of Ukraine "On Compulsory
State Social Insurance", the Law of Ukraine "On
Compulsory State Pension Insurance", the Labour
Code of Ukraine, etc. The author reveals the content
of these legal categories. The author characterises the
essence of legal norms as an element of the mechanism
for realisation of social rights of civil servants and
highlights the peculiarities of certain legislative acts in this area. The system of governmental bodies responsible for the implementation of social rights of civil servants is studied. In the article, the author concludes that public authorities, as elements of the mechanism for exercising social rights of civil servants, direct their activities towards creating the most understandable and simple procedure for their implementation, and providing assistance in their implementation in order to eliminate errors or abuses of social rights.
Key words: legal norms, subjects of power, implementation mechanism, social rights, civil servants, civil service, social legislation.