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Claim of public service in Ukraine: procedural and administrative aspect
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The article is devoted to the study of the procedures for organizing and managing the process of oath of office by a public servant in Ukraine. Working out the current legislation, which regulates the procedure for organizing and bringing the person to the oath of the civil servant. The article presents the peculiarities of the procedure for the oath of office by other subjects of state power.The position is that the procedure for bringing a person to the oath of a public servant is a special form of public administration, which consists in the implementation of legal acts. The emphasis is on the fact that the taking of oath is an important form of management activity and always entails a legal consequence that changes the legal status of a citizen.The author substantiates his own proposals and recommendations aimed at raising the status of oath of a civil servant and improving the managerial component of its conduct. In particular, it is noted that the Law of Ukraine «On Civil Service», which regulates certain issues of governance and procedures for the adoption of the Oath by a civil servant, contains separate legal gaps and uncertainties that are advisable to be remedied through the procedures for amending the text of the Law. In addition, there is an urgent need to develop and adopt a separate Provision on the procedure for drawing up an Oath of the Civil Servant, which clearly prescribes the procedural and managerial aspects of the acceptance of the Oath of the Civil Servant. The author believes that the meaning of the Oath should not be reduced to a formal and symbolic-ceremonial act, but should have, first of all, normative character. This will enable the person making the oath to more deeply perceive the significance of the Oath as not just an ordinary procedure, but an act that gives an employee the rights and duties that he must steadfastly perform for the benefit of Ukraine and its citizens. Only through a clear normative consolidation of the procedure for overseeing a civil servant will it acquire a totally different content and transform itself from a formal institute into a truly effective and important institution.
Title: Claim of public service in Ukraine: procedural and administrative aspect
Description:
The article is devoted to the study of the procedures for organizing and managing the process of oath of office by a public servant in Ukraine.
Working out the current legislation, which regulates the procedure for organizing and bringing the person to the oath of the civil servant.
The article presents the peculiarities of the procedure for the oath of office by other subjects of state power.
The position is that the procedure for bringing a person to the oath of a public servant is a special form of public administration, which consists in the implementation of legal acts.
The emphasis is on the fact that the taking of oath is an important form of management activity and always entails a legal consequence that changes the legal status of a citizen.
The author substantiates his own proposals and recommendations aimed at raising the status of oath of a civil servant and improving the managerial component of its conduct.
In particular, it is noted that the Law of Ukraine «On Civil Service», which regulates certain issues of governance and procedures for the adoption of the Oath by a civil servant, contains separate legal gaps and uncertainties that are advisable to be remedied through the procedures for amending the text of the Law.
In addition, there is an urgent need to develop and adopt a separate Provision on the procedure for drawing up an Oath of the Civil Servant, which clearly prescribes the procedural and managerial aspects of the acceptance of the Oath of the Civil Servant.
The author believes that the meaning of the Oath should not be reduced to a formal and symbolic-ceremonial act, but should have, first of all, normative character.
This will enable the person making the oath to more deeply perceive the significance of the Oath as not just an ordinary procedure, but an act that gives an employee the rights and duties that he must steadfastly perform for the benefit of Ukraine and its citizens.
Only through a clear normative consolidation of the procedure for overseeing a civil servant will it acquire a totally different content and transform itself from a formal institute into a truly effective and important institution.
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