Unfortunately, science has not yet deeply studied the content of local self-government and its legal nature.
Yes, Art. 14 of the Law “On Civil Service” regulates the features of disciplinary liability of civil servants, Art. 15 – the procedure for admission to the civil service, Art. 20 – working hours of civil servants, Art. 21 – issues of business trips; Art. 33 – the issue of remuneration of civil servants; Art. 37 – the issue of pensions and cash benefits for civil servants.
In the future, the main assessment of the difference between the norms of the civil service from the norms of labor law should be the division of law into public and private. Accordingly, official relations will be divided into public and private law.
As for the participants in state-legal relations, the following participants are distinguished here: the state, its bodies and civil servants.
The peculiarity of civil service relations is that they are formed between the state in the person of its bodies and civil servants who carry out official activities as subjects of legal power relations.
Civil service relations arise on the basis of a unilateral decision of a state body (official), which, firstly, legally establishes the entry of a citizen into the civil service, secondly, serves as a basis for the performance of his official duties, thirdly , determines the time of occurrence of his responsibilities to the state, as well as official and special cases. This fully applies to participants in public relations.
Private law official relations apply to employees who enter into an employment agreement with the employer – the head of a non-governmental body. At the same time, it is necessary to create legislation that would regulate the legal status of civil servants who are in employment (private law) relations with public authorities.
These individuals are also employed in the civil service, but they do not perform specific public tasks and functions that are within the competence of the highest category of civil servants. Civil service relations of such civil servants arise through the conclusion of an employment contract, the content of which is governed by the rules of private law (including labor).
It is generally accepted that the organization and functioning of the civil service is determined mainly by the rules of public law. Civil servants are representatives of a public organization: the state, state bodies of local self-government, ie they are subjects of public law.
Public law is a right, the subject of which is quite specific, and not only in terms of the diversity of objects of influence. Participants in legal relations are endowed with a special status in the public sphere, ie the ability to use power and administrative powers, to solve political, state, socially significant problems that open the way to many other, more specific tasks in all spheres of public life and through various branches of law. …
In public law, the will of public authorities has priority; legal regulation is based on the principles of subordination, on the principle of “power – subordination”: discipline, responsibility of a lower official to a higher, the obligation to comply with orders, legal acts and decisions of higher bodies and officials for lower subjects …
Public law aims to ensure harmony and harmony in society, the balance of interests of the individual, team, communities and society as a whole, the stability of the state and its institutions, the stability of the principles of economic and social development
In all states where the legislation establishes a special summary of the end of ethan frome public law status of civil servants, a specially trained corps of these employees with special rights and responsibilities has been created. The system of legislation consists of two parts: one part applies to employees involved in the civil service, and the other regulates the relations in the field of general labor relations of employees who also work in public institutions.
The main difference is that persons in the civil service, in contrast to persons in a normal employment relationship, have a special legal status.
Interaction of local state administrations and local self-government bodies. Abstract
The issue of the relationship between self-government bodies and local state administrations is quite complex. Depending on political tendencies in a given society, views on self-government changed
The Constitution of Ukraine enshrines two systems of local government: local state administrations, which are local executive bodies, and local self-government as the public authority of territorial communities. These are different legal systems of local government, primarily in terms of functions and powers. The Constitution of Ukraine guarantees local self-government and thus does not allow for the possibility of its replacement by local state administrations.
However, the issue of self-government relations with local state administrations is quite complex. Depending on political tendencies in a given society, views on self-government changed.
Thus, in the legal doctrine of early capitalism, the prevailing opinion was that self-government is the independent management of the local economy by a territorial community, without control by the state. Over time, the competence of self-governing bodies began to include not only economic but also socio-cultural interests of local importance.
At the same time, the relationship between local state administrations and local governments in Western countries has changed. The policy and practice of municipal dualism have enabled them to establish a rational relationship between the state and local self-government, which retains its inalienable rights and at the same time performs part of the functions of the executive branch. The legislation and case law of the above countries set the boundaries of the relationship between government and self-government structures, ways to resolve conflicts between them.
Local self-government in Ukraine acts in accordance with the Constitution and consists in granting territorial communities and their bodies the right to decide on local life issues independently, and in cases established by law – the powers of local state administrations. This means that local self-government is both an institution of both public and public administration. Local governments are a form of involving citizens of Ukraine in participating in issues of local importance and executive power in accordance with the law.
Unfortunately, science has not yet deeply studied the content of local self-government and its legal nature. It should be noted that local self-government is more widely used not as a legal, but mainly as a political term, as a reflection of the political life of the state.
Relationships between local state administrations and local governments in Ukraine are based on the relevant legal framework. The Constitution allows the delegation of powers of local state administrations to the executive committees of village, settlement and city councils, as well as oblast and rayon councils to oblast and rayon state administrations. The legislation of Ukraine establishes the limits of such delegation, as well as other forms of interaction between local state administrations and local governments.
It is obvious that local state administrations are the leaders of the internal policy of the state on the ground and take measures to ensure it in the activities of local governments. However, municipal executive policy must be based on legal principles and methods of implementation, but cannot be based on command-and-control methods as it was in Soviet times. Areas of interaction between local state administrations and local governments are diverse – economic, social. cultural, ecological, religious, national and other.
However, in practice, the implementation of functions and powers of local state administrations, local governments not only leads to concerted action, but often raises various issues regarding the establishment of the boundaries of their functions and powers, ways to resolve disputes and more. After the adoption by the Verkhovna Rada of Ukraine of laws on local state administrations and local self-government in Ukraine, these issues received a legal basis for their resolution.
The limits of the exercise of the functions and powers of local government are in almost all democratic, legal states. The legislator cannot establish these boundaries once and for all, as the development of public relations often creates new problems that cannot be solved within the existing legislative separation of functions and powers of public authorities. On the other hand, the legislator cannot deal with certain small issues of delimitation of functions and powers of local authorities and therefore allows other, than the legislative, ways of this delimitation.
One of the priority steps of the independent Ukrainian state was the separation of powers on the ground: state functions were taken over by local executive bodies represented by representatives of the President of Ukraine and their local state administrations. And the collective interests of the population of villages, settlements, districts in cities, towns, districts and regions were taken over by local and regional self-government bodies.
The issues of delimitation of functions and powers were sharply dictated throughout the period of formation of the systems of local executive bodies and local self-government bodies (1992-1996). The issue of dual power on the ground, the authoritarianism of local state administrations, the abolition of local self-government, etc. was especially relevant. The fact was that the old mechanisms for delimiting the functions and powers of local authorities did not work, and the new ones were often perceived as hostile.
In essence, the problems of delimitation of functions and powers of local authorities were problems of psychology and culture of those people who exercised this power. Leaving the command-and-control system, they could not immediately master the culture of state and local government inherent in a democratic, social, and legal state.