Abstract

Considering the development of civil society as the driving force of the reform of the civil (public) service as a personalized basis for ensuring public administration in various spheres of social and political activity, in this study, the civil service is characterized by the prism of its implementation in the national defense sector. Analyzing the current domestic and foreign legislation, the following features of the civil service were distinguished: the two levels – the internal (staffing of the service) and the external (tasks and functions in the national defense sector); connection with militarized service; a supporting role in the implementation of the main tasks by specially authorized actors (their officials), etc. The legal regulation of the civil service in the national defense sector of Ukraine is characterized by dualism, which consists in regulating the issues of its passage in two directions: the general (Law of Ukraine «On Civil Service») and the special (for example, the Law of Ukraine «On Prosecutor's Office»). Particular attention during the study is given to foreign experience in this field, based on comparison of such service in Ukraine and Lithuania. Such dualism is inherent in the legal regulation of civil service in the system of national defense of Lithuania. In addition, both in Ukraine and in Lithuania, it plays a very important role for the implementation of an effective defense policy of the state. With radical comparative analysis of regulatory and legal bases, the imperfect legal regulation of relations that arise in this area in Ukraine has become apparent. National legislation on civil service in the national defense sector needs improvement by supplementing the Law of Ukraine «On Defense of Ukraine» with the provisions on civil service in the field of defense and, in connection with this change, other normative and legal acts in this area require the bringing in of conformity. Proper legal consolidation in Ukraine also requires the administrative and legal status of civil servants of the defense industry and the status of citizens and public associations that voluntarily participate in the provision of national security and defense. Establishing in Ukraine at the legislative level of a clearly defined notion of «civil service in the field of national defense» will, to a certain extent, help to regulate relations in the course of such service and avoid problems in law enforcement practice.

Highlights

  • The objective circumstances and events that have taken place and are still taking place in the life of the Ukrainian community, as it has never happened before, actualize the need to overcome the threats to national security in the field of defense of the country

  • Considering the development of civil society as the driving force of the reform of the civil service as a personalized basis for ensuring public administration in various spheres of social and political activity, in this study, the civil service is characterized by the prism of its implementation in the national defense sector

  • For the proper legal regulation of relations arising in the course of civil servants performing functions in the national defense sector, it is necessary to amend the Law of Ukraine «On National Security of Ukraine» and regulate the gaps existing in the domestic legislation to date

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Summary

Introduction

The objective circumstances and events that have taken place and are still taking place in the life of the Ukrainian community, as it has never happened before, actualize the need to overcome the threats to national security in the field of defense of the country. In case of the district, regional state administration’s acquisition of the status of a district or regional military administration, the posts of state officials in such administrations may be replaced by servicemen of military formations established in accordance with the laws of Ukraine, by persons of ordinary and commanding members of law enforcement agencies, civil defense services, who are sent there in accordance with the procedure established by law for the performance of tasks in the interests of the state’s defense and its security (Article 4 of the Law of Ukraine «On the Legal Regime of Martial Law»). With regard to civil servants in the national defense sector, the Law of Lithuania «On the Organization of the National Defence System and Military Service» stipulates that some requirements and conditions of service are regulated by the Statute of the Civil Protection Service and qualification categories for such employees can be awarded in accordance with the procedure established by the Statute of the Civil Protection Service. Peculiarities of the civil service in the national defense sector servants of the Civil Defense Service is regulated by the Law of Lithuania «On Civil Service» and the Statute of the Civil Defense Service

Conclusions
Pro oboronu Ukrainy
23. Pro prokuraturu
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