Issue: № 10, 2023
Doi: https://doi.org/10.37634/efp.2023.10.20
In the paper, a study of theoretical-legal and applied issues of resolving disputes about dismissal from public service in the order of administrative proceedings was carried out. On the basis of the conducted scientific research, the author came to the conclusion that in judicial practice in cases of public service, admission to public service and dismissal from it, questions still arise regarding the assignment or non-attribution of this or that work activity to positions in state authorities , local self-government, judicial and law-enforcement bodies to public service positions (primarily regarding the classification of such persons as patronage employees, persons hired under a fixed-term employment contract outside the competition, persons occupying positions in judicial bodies, bodies of legislative power). In this regard, the Supreme Court expressed legal positions regarding the classification of a dispute regarding the dismissal of a person from a position as a public legal issue as to whether a person passed a competition for a vacant position, whether such a person took the oath of an official, or was assigned a rank within the relevant category of positions, as well as the fact that the specifics of the dismissal of a public servant, the procedure for such dismissal and the relevant legal grounds must be contained in special legislation, and the norms of the Code of Labor Laws apply only in case of legal uncertainty. Issues of the possibility of reinstatement of a public servant in a position in case of dismissal by agreement of the parties, the legality of the dismissal of a public servant if, during organizational and staffing measures in the state authority, at the same time as reduction positions, new positions are introduced that correspond to the direction of training or the main or related specialty of the public servant who is released.
Keywords : public service, dismissal from public service, state public Service, patronage service, body of executive power, appeal, judicial control, administrative proceedings
References:
1. Code of Administrative Procedure of Ukraine dated July 6, 2005 (with subsequent amendments and additions). Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2747-15#Text (in Ukrainian).
2. Skochylias-Pavliv O. V., Salo P. I. Problematic issues of judicial review of administrative cases regarding public service. Scientific Bulletin of the Uzhhorod National University. Law series. 2023. No. 75. Vol. 1. pp. 284-292. (in Ukrainian).
3. Navrotskyi D. Supreme Court practice regarding the jurisdiction of disputes in the field of labor relations and public service: lecturers' publications (October 19, 2020). NAAU Higher School of Advocacy. URL: https://www.hsa.org.ua/blog/praktyka-verhovnogo-sudu-shhodo-yurysdyktsiyi-sporiv-u-sferi-trudovyh-pravovidnosyn-ta-publichnoyi-sluzhby (in Ukrainian).
4. Hromovyi O., Teteria I. Disputes related to the dismissal of citizens from public service. Actual practice of the Supreme Court. JurLeague. 2019. July 11. URL: https://jurliga.ligazakon.net/analitycs/187592_spori-povyazan-z-zvlnennyam-gromadyan-z-publchno-sluzhbi-aktualna-praktika-verkhovnogo-sudu (in Ukrainian).
5. Decision of the Dnipropetrovsk District Administrative Court dated June 8, 2021 in case No. 160/2001/21. Unified state register of court decisions. URL: https://reyestr.court.gov.ua/Review/97753692 (in Ukrainian).
6. Decision of the Ternopil District Administrative Court dated July 31, 2023 in case No. 500/332/23. Unified state register of court decisions. URL: https://reyestr.court.gov.ua/Review/112726614 (in Ukrainian).
7. Decision of the Lviv District Administrative Court dated January 24, 2022 in case No. 380/1422/20. Unified state register of court decisions. URL: https://reyestr.court.gov.ua/Review/103145683 (in Ukrainian).
8. Decision of the Kyiv District Administrative Court dated April 1, 2021 in case No. 320/1508/20. Unified state register of court decisions. URL: https://reyestr.court.gov.ua/Review/96042786 (in Ukrainian).
9. Decision of the Kyiv District Administrative Court dated April 1, 2021 in case No. 320/1508/20. Unified state register of court decisions. URL: https://reyestr.court.gov.ua/Review/106161600 (in Ukrainian).