Issue: № 12, 2024
Doi: https://doi.org/10.37634/efp.2024.12.13
The paper presents a study of the history of the development of constitutional and legal regulation of public service in Ukraine, starting from the appearance of the first sources of constitutional law, which regulated the basic principles of the activities of public servants, the organization and conduct of public service, to the present day. During the existence of the Kievan princely state, the Kingdom of Rus' (Galician-Volyn Principality) and in the later period - the Grand Duchy of Lithuania and Rus', the regulatory and legal acts that regulated the legal status of public servants were not acts of constitutional law. The first codified constitutional document of Ukrainian origin that legally regulated public service was the draft Constitution of Pylyp Orlyk in 1710, which introduced the election of officials, as well as elements of accountability for the activities of public servants. During the existence of Ukrainian national states during 1917-1921, there were attempts to constitutionally regulate the public service, including a combination of the principles of control over local self-government and the independence of its employees; the possibility of admission to the public service of citizens of other states, as well as selection for public service positions on the principle, first of all, of professionalism, and not of national or political color, elements of competitive selection for public service positions were provided. At the constitutional level in the Soviet period, the right of citizens of the Ukrainian SSR to appeal the actions of officials, state and public bodies was provided for, as well as the fact that complaints must be considered in the manner and within the time limits established by law; actions of officials committed in violation of the law, with excess of authority and which infringe on the rights of citizens may be appealed to court in the manner established by law (in the absence of legislative support for this constitutional provision). The 1996 Constitution established certain principles for the organization and implementation of public service: the rule of law, the priority of human and citizen rights and freedoms, professionalism, political neutrality and stability of public service, equal access to public service, public and state control over public service, and also established, alongside state public service, other types of public service - service in the Armed Forces of Ukraine and other military formations and service in local government bodies.
Keywords : constitutional and legal regulation, public service, principle of the rule of law, principle of priority of human and civil rights and freedoms, principle of professionalism, political neutrality and stability of public service, constitutional right of equal access to public service, public servant
References:
1. Bohovis Ye.V. Historical and legal aspect of the formation of the institute of civil service of Ukraine. Scientific Bulletin of Uzhhorod National University. Law Series. 2017. Issue 43. Vol. 2. pp. 33-37 (in Ukrainian).
2. Kravets T.Y. Legal analysis of the Constitution of Pylyp Orlyk of 1710. Legal Scientific Electronic Journal. 2020. No. 7. pp. 29-32. (in Ukrainian).
3. Constitution of the Ukrainian People's Republic (Statute on the State Structure, Rights and Freedoms of the UNR). Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/n0002300-18#Text (in Ukrainian).
4. Civil Service: in 2 vol. / ed. Yu.V. Kovbasiuk et al. Odesa, 2012. Vol. 1. 372 p. (in Ukrainian).
5. Boiko H.V., Kaminska N.V. Evolution of local and regional self-government in the context of the development of European democracy. Archives of Ukraine. 2014. Issue 4-5 (292-293). pp. 73-78 (in Ukrainian).
6. Malinovskyi V. Ya. Public service in Ukraine. Kyiv, 2018. 312 p. (in Ukrainian).
7. Hryshchuk A.B. State service in Ukraine: administrative and legal dimension. Lviv, 2018. 232 p. (in Ukrainian).
8. Yefremova O.P. There is a Competition in the Civil Service (Historical and Legal Aspects): Monograph. Chernihiv, 2019. 112 p. (in Ukrainian).
9. Constitution (Basic Law) of the Ukrainian Soviet Socialist Republic: initial version of the document. Out of force. Wikisource. URL: https://uk.wikisource.org/wiki/Constitution_(Basic_Law)_of_the_Ukrainian_Soviet_Socialist_Republic_(1978.04.20) (in Ukrainian).
10. Constitution of Ukraine of June 28, 1996. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text (in Ukrainian).