Problem setting. The civil servant is one of the main objects of public service reform and, at the same time, its subject. This is due to the fact that civil servants, as representatives of the senior public service, are the main actors in the formation of reform policy in the field of public service, as well as, subject to regulatory legislation, catalysts for its implementation. At the same time, transformational changes affect the legal status of public servants, which in turn affects the formation of their rights and responsibilities.
Recent research and publications analysis. It was found that the issue of the rights of public servants is insufficiently covered in recent research, which has led to the relevance of the selected issues.
Highlighting previously unsettled parts of the general problem is to reveal the essence and content of the rights of public servants as a fundamental component of their legal status.
Paper main body. Research has shown that the legal status of a public servant should be understood as a system of rights granted to him, as well as a set of responsibilities imposed on him, including certain incentives, prohibitions and restrictions, as well as measures of legal liability for non-compliance or improper level of performance of professional duties assigned to him in accordance with the job description. The essence of the concept of “rights of a public servant” should be understood as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity.
Conclusions of the research and prospects for further studies. It is concluded that the rights of a public servant can be disclosed as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. There are three levels (aspects) of the rights of civil servants, namely: private law; Labor Law; public law. Thus, private law ensures the freedom and autonomy of the individual, the independence and autonomy of the individual. Labor relations arising in the activities of public servants are an element of the general system of labor law. At the same time, public servants perform their job functions personally and must obey the rules of official discipline, which are established at both the local and state levels. In the course of using the labor of public servants, labor relations arise, which, however, are characterized by the peculiarity of official functions and the level of responsibility for decision-making of state importance. Prospects for further research are the analysis of the state of protection of the rights of civil servants in modern Ukraine, the study of improving the organizational protection of the rights of civil servants and compliance with the rights of civil servants as an optimization tool for building an effective state in Ukraine.
- Inchyn, M. (2018). Osnovni prava derzhavnoho sluzhbovtsia iak pratsivnyka. Public law, Issue 3, рр. 140-146 [in Ukrainian].
- Pro derzhavnu sluzhbu. № 889-VIII. (2015) [in Ukrainian].
- Holovan, Z. S. (2007). Subiekty trudovoho prava ta subiekty trudovykh pravovidnosyn: spivvidnoshennia poniat’ ta zmistu. Law Forum, Issue 1, рр. 23-25 [in Ukrainian].
- Hochovskaia, V. (2016). Upravlenye v hosudarstvennoj sluzhbe. Law and Economics, Issue 9, рр. 45-60 [in Russian].
- Kostiuk, V. L. (2012). Pravosubiekhnist u trudovomu pravі: problemy teorii ta praktyky. Kyiv: Vydavets: Karpenko V. M. рр. 92 [in Ukrainian].
- Cherepanov, V. (2016). Systema derzhavnoho i munitsypal’noho upravlinnia. Kyiv: Norma. рр. 292 [in Ukrainian].
- Sitsinskyj, A. (2016). Dystsyplinarna ta administratyvna vidpovidalnist u sferi derzhavnoi sluzhby. Current issues of law, Issue 3, рр. 42-49 [in Ukrainian].