Topical problems of administrative legal status of certain categories of public servant

Abstract

The article identifies problematic issues on the ambiguity of legal regulation of the administrative and legal status of certain categories of civil servants. It was found out that the positions of civil servants are classified according to the organizational and legal level of the body, the scope and nature of the person's powers in a certain position, the role and place of the position in the structure of the state body. The subjects of legal regulation
of the status of a civil servant are state bodies that, according to their competence, exercise their powers on issues of public service and, in particular, on the right to public service. On the basis of a comprehensive study, analysis of doctrinal positions of lawyers, current legislation of Ukraine, the essence and features of the concepts "legal status of a civil servant", "administrative and legal status" are clarified. Defined: features of legislative regulation of the status of civil servants, criteria for the division and category of civil servants, General principles of activity, restrictions of a General and special nature. The essence of the administrative and legal status of civil servants of the court and local self-government bodies is revealed. Their main components are defined, taking into account the differences between these categories of civil servants. It is theoretically proved that the state service in the judiciary is a complex state-legal and social institution that establishes and regulates the relations of the state with the employees of the court. The status of a civil servant of a judicial body is a generic concept of such a category as the legal status of a civil servant of a public administration body. Legal conflicts of the current legislation in connection with the loss of the status of civil servants by assistant judges are analyzed and ways to resolve this issue are determined. The opinion on the expediency of early legal settlement of ambiguities in the current Law of Ukraine "on civil service" regarding the interpretation of certain provisions, in particular, concerning the categories and ranks of civil servants of local government bodies, which, as a result, leads to a violation of one of the basic rights of a civil servant - remuneration depending on the position, results of service, length of service and rank.