On the legal nature of the concept of «public service» in the legislation of Ukraine and in the administrative and legal doctrine

Abstract

In the scientific article the author conducted a scientific review of the legislative and doctrinal foundations of the definition of «public service», the formation on this basis of its own definition of public service, its content and defining features. It is determined that the main criteria for determining public service, its separation from corporate and public services is: implementation as a result of relevant employment of persons holding relevant positions in the structures of the state and municipal sector tasks and functions of the state and local governments; regulation of the content and features of such activities by the Constitution of Ukraine and laws of Ukraine (they cannot be regulated by an act of corporate formation or public organization, and local regulation of public service is of a secondary nature). Based on the above research on the legal and doctrinal basis of the definition of «public service», the author notes that the concept of «public service» in its essence is broader than the term «civil service»: if the civil service includes administrative and specialized service , including service in law enforcement agencies and military formations, the public service additionally includes service in political, including elected positions, service in corporate formations and public formations, subject to the delegation of powers of state bodies or local self-government bodies in accordance with the provisions of the laws of Ukraine. Considering the concept of public service can be defined as a specific activity of political and administrative entities, within which the implementation of tasks and functions of a public nature, ie those concerning the rights and interests of the community - the population of the state, administrative-territorial unit, a certain social group or territorial community, which is carried out on the basis of financing the relevant activities from the state or local budget; public service, except political, carried out on a professional and politically neutral basis, its formation takes place on the basis of an administrative act of appointment or election.