Tymoshchuk Viktor

Yearly journal of scientific articles Pravova derzhava Volume 31 (2020), 353-362 p.

Tymoshchuk Viktor. Challenges of civil service restarting

Introduction. The article explores the problems of the civil service in Ukraine, in particular in the context of significant amendments to the Law On Civil Service that were introduced in September 2019 and stipulated by the reset of power. The analysis focuses on the possible impact of such innovations as the possibility of dismissal without justification (grounds) of senior civil servants from positions of the category "A"(actually, based on a change of the Government), leveling of competitive procedures for selection on civil service, whereby the subject of appointment is offered for arbitrary selection of up to 5 candidates according to results of a competition, introduction of contracts in the civil service of Ukraine, simplification of procedures on recruitment and dismissal of civil servants and their approximation to relations in private (commercial) sector.

Aim of the article. The aim of the article is to draw attention to the risks posed by the aforementioned changes in the civil service legislation, since such key principles of the civil service as professionalism, stability and public-law regulation of civil service relations are undermined.

Results. The results of the research suggest that without protection by the law, civil servants cannot perform their functions properly, as they become vulnerable to pressure. And as a result of instability and arbitrary dismissals, the evolutionary professionalization of the civil service and its political neutrality (impartiality) are destroyed.

Conclusions. Therefore, the amendments to the Law On Civil Service of September 2019 are extremely threatening to the Ukrainian civil service system. In the case of their negative impact confirmation, it is recommended to correct the errors as soon as possible and to return to building a civil service system on the European principles of good governance and public administration. Ukraine also needs to form a culture not only of the "transfer" of power from "outgoing" politicians, but also of "acceptance" of this power by new political leaders.

Key words: civil service, professionalism, stability.

References

1. Pro vnesennya zmin do deyakih zakonIv Ukrainy schodo perezavantazhennya vlady : Zakon Ukrainy vid 19 veresnya 2019 r. 117-IX. Vidomosti Verhovnoi Rady Ukrainy. 2019. 43. St. 250. 2. Golova NADS Starodubtsev: Liniya frontu prohodyt po menedzhmentu v derzhsluzhbi // URL https://ua.interfax.com.ua/news/interview/625293.htm 3. Publichna sluzhba. Zarubizhniy dosvid ta propozitsiyi dlya Ukrainy / Za zag. red. V. P. Tymoschuka, A. M. Shkolyka. Kyiv : Konus-Yu, 2007. S. 1037. 4. Pro vnesennya zmin do deyakyh zakoniv Ukrainy; Zakon Ukrainy vid 6 grudnya 2019 r. (napravleno na pidpys Prezydentu). URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=67065 (data zvernennya: 10.01.2020)

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