ПРОБЛЕМНІ ПИТАННЯ АДАПТАЦІЯ ДЕРЖАВНОЇ СЛУЖБИ ДО СТАНДАРТІВ ЄВРОПЕЙСЬКОГО СОЮЗУ

Abstract

In this article, the author focused attention on the existence of problematic issues of adaptation of EU norms and standards into national legislation in the part of the civil service institution. Attention is drawn to the fact that in recent years Ukraine has taken certain steps in bringing the legislation of Ukraine on civil service closer to the legislation of the European Union. This is evidenced by the development and adoption of a number of normative legal acts in this area. However, the presence of a significant number of normative legal acts does not in any way mean that the adaptation of modern legislation of Ukraine on civil service to the requirements of the EU is complete. This process is complicated by the fact that the Law of Ukraine "On the Nationwide Program for the Adaptation of the Legislation of Ukraine to the Legislation of the European Union" regulates adaptation processes only in relation to certain priority areas of activity, ignoring provisions on bringing the civil service to EU requirements. Analysis of European practice shows that in order to add reliability to national systems of public administration, the civil service is obliged to comply with the principles of administrative law, which are the basis of the European Administrative Space. The primary and necessary condition for the comprehensive development of Ukraine as a democratic, legal and social state with a corresponding socially oriented market economy is the formation and development of the civil service according to European standards. It was determined that the process of adapting the legislation of Ukraine on the civil service currently has two stages: the first is the ratification of the Partnership and Cooperation Agreement between Ukraine and the European Communities and their member states (1994) and the development and approval of the Concept of adapting the legislation of Ukraine to legislation of the European Union (1999). At this stage, it was envisaged to bring the legislation of Ukraine into compliance with the requirements and other international treaties concerning cooperation between Ukraine and the EU; the second signing of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand.