Категории и критерии дифференциации в правовом регулировании статуса и социальной защиты государственных гражданских служащих

Abstract

The article examines several categories to determine the objective criteria of differentiation in the legal regulation of civil servants’ status and social protection. Looking into the category of justice, the author concludes that it is necessary to take into account the criteria for the conformity of the level, nature, and scope of powers and responsibilities for each position in the civil service, the adequacy of the corresponding prohibitions and restrictions during the period of service to the nature and scope of the powers of an official, the equivalence of similar positions when considering the content and nature of the service. While considering the category of balance between private and public interests, the author speaks of the need to take into account the criterion of the consistency of private and public interests when determining the performance indicators of civil servants, with respect to the functions they perform; in addition, the author defines a set of criteria for further research of this category. Speaking on the category of authority, the author proposes to create a hierarchical system of positions in the civil service, which links the level of social protection of civil servants for exercising their powers with prohibitions and restrictions imposed on them by anti- corruption legislation.