Definition of the Concept of Public Service in the Modern Administrative Law
[1]
Viktoriia Halai, Department of International Public Law, Kyiv National University of Trade and Economics, Kyiv, Ukraine.
In the article the transitional state of understanding of the category of public service in modern administrative law is analyzed. From the stable understanding of it as the state service and activities of various categories of public servants, the emergence of works that formulate a new approach to public service to lack of sustainable vision, what is meant by this category and whether to identify the parallel existing categories of state service and public service. The purpose of the article is to study the distinction between the categories "state service" and "public service", both of which are considered as generalizing for the whole range of people who realize the tasks and functions of the state, and formulate own vision of the category "public service". The findings of the article indicate that the concept of "public service" is capable of combining various groups of public servants, not only the category of state service and mentally demonstrate the systemic change of interrelated categories (from "state administration (public administration) / state service" to "public administration / public service"). In other words, this pair of concepts looks more contemporary, corresponds to the views of the less traditionalist scientific school of the specialties of Ukrainian "public administration", and also corresponds to the approaches of sources of developed countries of the world, therefore the author's vision of terminology looks as the most optimal in accordance with the modern role, in general - public administration, and at the level of employees who carry it out - the public service. Describing the approach to consolidating the notion of public service at the normative legal level, the author noted the existence of a group of laws on service (state service, service in bodies of local self-government, militarized public service), which is not the best solution for universalizing approaches and introduction of common professional values of public servants. According to the results of the research, the author offers his own vision of the concept of public service, which is based on two levels - in the broad and narrow sense, where the concept in the narrow sense claims to be enshrined in a legislative act, the other remains a scientific term.
Public Administration, Public Service, State Service, Local Government, Ukraine
[1]
The reform of the state service involves the creation of a professional contract "army" of officials, - Vladimir Groisman. Retrieved from https://www.kmu.gov.ua/ua/news/247635039.
[2]
The Concept of Public Administration Reform in Ukraine. – K: Center for Political and Legal Reforms, 2008. – 26 p.
[3]
Reforms in Ukraine: public opinion. Ilk Kucheriv Democratic Initiatives foundation jointly with Kyiv International Institute of Sociology. December 4, 2017. Retrieved from https://dif.org.ua/article/reformi-v-ukraini-gromadska-dumka-naselennya-2017.
[4]
The Concept of Administrative Reform in Ukraine: Decree of the President of Ukraine of July 22, 1998, № 810/98. Retrieved from https://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=810%2F98.
[5]
Strategy of the State Administration Reform for 2016-2020: approved by the order of the Cabinet of Ministers of Ukraine of June 24, 2016 № 474-r. Retrieved from https://zakon.rada.gov.ua/laws/show/474-2016-%D1%80/ed20160624.
[6]
Administrative Law of Ukraine. Academic course: Textbook: In two volumes: Volume 1. General Part / Editorial board V. B. Averyanov (head). – K: Publishing house "Yuridicheskaya Dumka", 2004 – 584 p.
[7]
Legal Encyclopedia: In 6 volumes. / Ed. Yu. S. Shemshuchenko (chairman of the editorial board) and others. – K.: "Ukrainian Encyclopedia", 1998-2004.
[8]
Constitution of Ukraine // Bulletin of the Verkhovna Rada of Ukraine. - 1996. – № 30. – Art. 141.
[9]
Popova O. V. The concept and characteristics of the public service in Ukraine / O. V. Popova // Forum of Law. – 2011. – № 4. – p. 583-587. Retrieved from http://www.nbuv.gov.ua/e-journals/FP/2011-4/11povcvu.pdf.
[10]
Starilov Yu. N. The course of general administrative law: in 3 volumes. Volume I: History. Science. Object. Norms. Subjects. – M.: NORMA, 2002. – 728 p.
[11]
Melnyk R. S., Bevzenko V. М. General administrative law: Textbook / under the general editorship of R.S. Melnik. – K.: Vaite, 2014. – 376 p.
[12]
Administrative Law of Ukraine. Full course: textbook / Galunko V., Dikhtievsky P., Kuzmenko O., Stetsenko S. – Kherson: OLDI-PLUS, 2018. – 446 p.
[13]
Public Service in Ukraine: Concept and Practice of Regional Personnel Policy: Sciences. Scientific development / [O. I. Sushinsky, O. V. Hudoba, D. D. Zayats and others.]. – K.: NAPA, 2013. – 64 p.
[14]
Bityak Y. P. Public Service: Guide. for the preparation. to the exam / Yu P. P. Bytyak, N. P. Matyukhin, S. A. Fedchyshyn. - Kharkiv: Law, 2018. - 260 p.
[15]
Stelmaschuk L. Value of the concepts "public service" and "state service" / Larysa Stelmashchuk / Collection of scientific works of the National Academy of Public Administration under the President of Ukraine / under the general editorship of V. P. Prikhodko. – K.: NAPA, 2009. – Issue 1 – pp. 48-57.
[16]
On State Service: Law of Ukraine of December 16, 1993 № 3723-XII. Retrieved from https://zakon.rada.gov.ua/laws/show/3723-12/ed19931216.
[17]
On State Service: Law of Ukraine of December 10, 2015 № 889-VIII. Retrieved from https://zakon.rada.gov.ua/laws/show/889-19.
[18]
Code of Administrative Justice of Ukraine of July 6, 2005 № 2747-IV. Retrieved from https://zakon.rada.gov.ua/laws/show/2747-15.
[19]
From Old Public Administration to the New Public Service. Implications for Public Sector Reform in Developing Countries / Mark Robinson.– Singapore: UNDP, 2015. – 20 p.
[20]
Guy Peters B. Still The Century of Bureaucracy? The Roles of Public Servants.– Public Policy and Administration. – 2009. – № 30. – P. 7–21.
[21]
Civil servants in the EU member states. Statistics Explained. 08/01/2018 Retrieved from http://ec.europa.eu/eurostat/statisticsexplained/.
[22]
Civil Service Systems / Jolanta Urbanovic. 03 January 2018. – 19 p. Retrieved from https://www.researchgate.net/publication/322231331_Civil_Service_Systems.
[23]
Smalskys V., Urbanovič J. Civil Service Systems // Oxford Research Encyclopedia of Politics. Retrieved from https://oxfordre.com/politics/view/10.1093/acrefore/9780190228637.001.0001/acrefore-9780190228637-e-160.
[24]
Overview of the public services sector in the UK / Emma Knowles. Retrieved from https://www.prospects.ac.uk/jobs-and-work-experience/job-sectors/public-services-and-administration/overview-of-the-public-services-sector-in-the-uk.
[25]
Public Services: Statistics, organisation and regulations. Mapping of the Public Services / Pierre Bauby, Mihaela Maria Similie, Philippe Raimbault, Sobinson Yves Ralainirina. – Б. м.: European Commission, CEEP, 2010. – 494 р.
