Current state of legal regulation of incentives for civil servants

Abstract

The article examines the current state of legal regulation of incentives for civil servants. Since the current state of legal regulation of civil service and civil servants in Ukraine lags behind the needs and functions of a democratic society, and therefore requires urgent improvement within the framework of the initiated reform of the entire civil service system. In particular, measures of incentives that can be applied to civil servants for certain achievements in professional activity need improvement. It has been established that the general legal principles of encouraging civil servants are enshrined in the Constitution, the Labor Code of Ukraine and the Law of Ukraine “On Civil Service”, which opens up opportunities for further detailing them in other normative legal acts. The significance of the provisions of the analyzed normative legal acts regarding the encouragement of civil servants is extremely important, because the efficiency and quality of solving national and local problems depends on each employee of the state body (depending on the field). It is emphasized that all normative legal acts are interrelated and each separately regulates an important part of relations in the field of encouraging civil servants as subjects of labor law. At the same time, attention was drawn to the fact that the legal regulation of incentives for civil servants needs further study and improvement, especially in today’s conditions. Since the current labor legislation does not contain a definition of the concept of “incentive”, even in the projects of new codified acts in the field of labor relations, it is also absent. Attention is drawn to the fact that the profile law on civil service does not contain it, which ultimately complicates law enforcement in the relevant sphere of relations, creates prerequisites for a subjective approach to its interpretation. The situation is the same with determining the grounds and criteria for the application of incentives in general, the application of one or another type of incentive in particular, there is a lack of uniform and clear rules for the application of such measures, etc. The proposal of other researchers of the issue under consideration regarding the normative consolidation of the definition of incentives in the basic law on civil service, as well as in labor legislation, is supported.