DISMISSAL OF A PERSON FROM THE PUBLIC SERVICE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

Abstract

The article provides a structural analysis of the administrative and legal regulation of the procedure for the dismissal of a public servant from a position. It is emphasized that in the doctrine of administrative law there are significant gaps in knowledge about the peculiarities of the legal regulation of relations of dismissal of a person from public service. It is proposed to distinguish three levels of administrative-legal regulation of public relations regarding the dismissal of a public servant from his position: 1) public relations, which are actually regulated by the norms of administrative law (the subject of administrative-legal regulation); 2) social relations that are not regulated, but must be regulated by the norms of administrative law (the sphere of administrative-legal regulation); 3) social relations that are not directly regulated by legal norms, but are indirectly influenced by other legal relations (object of administrative and legal regulation). In particular, according to the subject of legal regulation in the system of administrative law, the legal institution of dismissal of a person from public service is dis­tinguished, which regulates official relations regarding the procedure for dismissal on legal grounds of a public official from a position. The need to consider social relations that arise when a person is dismissed from public service through the prism of the object of administrative and legal regulation is substantiated. It was concluded that the object of administrative-legal regu­lation of the dismissal of a person from public service positions is a synthesis of, firstly, social relations that are already regulated by administrative law (the subject of administrative-legal regulation), and secondly, social relations that require administrative - legal regulation (the sphere of legal regulation), and, thirdly, social relations that are not regulated by administrative law, but feel its indirect influence. It was found that the subject of administrative-legal regula­tion indicates the result of legal regulation of relations regarding the dismissal of persons from public service positions, the sphere of administrative-legal regulation - about the existence of gaps in the grounds and procedure for the dismissal of public servants from their positions, and the object of administrative- of legal regulation - about the presence of a positive or nega­tive indirect influence of the norms of administrative law on other social relations that are not regulated by law.