On the protection of social rights of civil servants

Abstract

Problem setting. Civil service is a form of socially useful work, so the labor and social rights of civil servants need to be protected along with other categories of workers. Civil servants have a significant influence on social processes taking place in the state. They need to have high level of their motivation for the proper and professional performance of certain duties. Therefore, it is extremely important to provide them with adequate social protection.

Analysis of recent researches and publications. At different times the basic principles of legal support and social protection of civil servants have been considered by such scientists as V.B. Averyanov, O.M. Bandurka, V.V. Bezusui, B.K. Begichev, Yu.P. Bityak, B.J. Vizirov, Z.D. Kalinichenko, O.Je. Lutsenko, М.V. Panchenko, T.I. Chavykina, О.М. Yaroshenko and others. Despite the large number of scientific papers, it should be acknowledged that some issues have received insufficient attention. Legal regulation of changes in the conditions of civil service and guarantees of their implementation differs from the regulation of similar changes in the employment relationship of other categories of employees. Therefore, further study of the problem and development of proposals to improve legislation in this area is relevant.

Target of research. The purpose of this article is to study the protection of social rights, in particular, the right to work, the right to fair working conditions of civil servants, their features and the existing shortcomings of legal regulation.

Article’s main body. Based on the analysis of the provisions of the Law of Ukraine “On Civil Service”, current labor legislation, case law, research papers, the authors substantiate the conclusion that it is necessary to improve the legal regulation of transfers of civil servants and change the significant conditions of their service. The authors propose that article 41 of the Law of Ukraine “On Civil Service” be supplemented by provision that the promotion of civil servants is carried out by holding a higher position on a competitive basis. The preemptive right to promotion, in particular, transfer to a higher position without passing the competition, have civil servants who have achieved the best results in their work, show initiative, constantly improve their professional level and are included in the personnel reserve. In addition, the authors believe that article 43 of the Law “On Civil Service” needs to be refined and brought into line with the key concepts of labor law, labor law and civil service, as well as judicial practice.

Conclusions and prospects for the development. The peculiarities of the civil service and the resulting increased responsibility of civil servants require a real legal mechanism to ensure and protect the social rights of this category of workers, in particular, the right to work, fair working conditions, professional development and promotion. The provisions of articles 41 and 43 of the Law of Ukraine “On Civil Service” on the grounds and procedure for transferring civil servants and changing the significant conditions of their service require further improvement by making appropriate changes and additions.