THE PROBLEMS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF EMPLOYEES OCCUPYING POLITICAL POSITIONS IN THE EXECUTIVE AUTHORITIES

The article analyzes the opinions presented in scientific sources regarding the definition of political positions in the executive branch and the administrative and legal status of employees holding these positions. Instead, the specifics of the implementation of the administrative-legal status of employees holding political positions in the executive branch are studied in administrative science piece by piece. Particular attention is paid to the fact that administrative law consistently and persistently considers all aspects of the acquisition and implementation of the administrative and legal status of civil servants and employees of local self-government bodies. A terminological distinction is made between the terms «professionalism» and «qualifications». Professionalism means that a position in the executive branch is associated with a specific profession. For a candidate applying for the relevant position, additional requirements are imposed regarding his professional abilities. On the other hand, professionalism means that the person applying for the position must be qualified enough to carry out their duties effectively. Thus, “professionalism” is characteristic of all employees holding administrative positions in the system of executive bodies, and “professionalism”, in our opinion, is a common criterion for all categories of civil servants. It is proposed to highlight the following features of the civil service performed by persons holding political positions in executive bodies: 1) provides for the constitutional and legal procedure for entering and passing political service (constitutional and legal status of employees holding political positions); 2) the powers assigned to political positions in executive bodies require the availability of appropriate administrative and legal forms and mechanisms for their implementation (administrative and legal status of employees holding political positions); 3) employees holding political positions are not subject to disciplinary responsibility, and therefore the structure of their administrative and legal status does not provide for legal responsibility; 4) the professionalism of political figures in the system of executive authorities is manifested in a harmonious combination of their political and administrative activities.