Open AccessAREAS OF IMPROVEMENT OF LEGAL REGULATION OF PERSONNEL SERVICE PROVISION
Author(s) -
A. Andryeyev
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.01
Subject(s) - legislation , staffing , competence (human resources) , public relations , business , service (business) , civil service , control (management) , work (physics) , political science , public administration , public service , law , engineering , management , marketing , economics , mechanical engineering
It is stated that the current legal regulation of the personnel support of the civil service of Ukraine does not fully satisfy the needs of the society for the purposes of ensuring the fulfillment of the tasks set, and therefore the issues related to the improvement of the existing mechanisms are still not relevant, since the proper functioning of the state institutions is impossible without a skilled and powerful state apparatus.
The list of problems of legal regulation of the civil service personnel is determined. Suggestions are made to address these issues. It is established that one of the problems of legal regulation of the personnel support of the civil service of Ukraine under the national legislation is the imperfection of the current legislation in this field, which creates "hidden opportunities for positions". Attention was drawn to the need to address corruption issues, in particular, the strengthening of control by staffing services was proposed. For example, when recruiting a candidate for a civil servant position, the HR should, along with checking education data, work experience, etc., pay attention to identifying moral and ethical qualities and the absence of allegations of corruption in the past.
The article analyzes the aspects of optimization of legal regulation of public service personnel. It is proposed to optimize the legal regulation of the staffing of the civil service of Ukraine in several stages in order to increase the level of professional competence of civil servants.
Some researchers have expressed their views on this issue, of which the proposal to focus attention on attracting young creative personnel to the civil service is particularly interesting. In this case, it is advisable to amend Article 19 of the Law of Ukraine "On Civil Service" of 10.12.2015 No. 889-VIII with the establishment of the maximum age of admission to the position of civil service, which in practice can really contribute to the formation of a qualitatively new composition of civil servants. You can set an approximate age of 30 years.
Among the areas of optimization of the legal regulation of the personnel support of the civil service of Ukraine, at the stage of raising the level of professional competence of civil servants, the extension of the personal responsibility of civil servants is highlighted. The main problems for today are that the current Law of Ukraine “On Civil Service” of December 10, 2015 No. 889-VIII provides only two types of liability of civil servants - disciplinary and material. In the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses, firstly, the legislator does not use the term "civil servant", and secondly, there are no sections directly related to the offenses and crimes of public servants in the structure of these normative legal acts. the rules may be contained in different sections of the codes.