Problematic issues of court proceedings in administrative cases regarding public service

Abstract

A set of controversial and ambiguous issues which arise during the court proceedings in such an important category of administrative cases as judicial reviews involving public service is analyzed in the article. Disputes concerning the admission of citizens to public service, its performance, and dismissal from public service are considered to be public law disputes, and therefore are subject to consideration and resolution in administrative proceedings. At the same time, due to the significant number of employees performing the duties and functions of the state and local self-government, problematic issues arise related to the extension of the jurisdiction of administrative courts to cases involving individual officials. The author singles out that in order to determine whether a labor dispute falls within the jurisdiction of administrative courts, it is necessary to analyze in each case the special legislation regulating the activities of a person in his/her position in order to establish whether a particular position belongs to the category of public service positions. The questions whether the legislator should classify cases concerning public service as administrative cases of minor complexity in connection with which their consideration should be carried out according to the rules of simplified legal proceedings are discussed by the author. Considering the importance and complexity of this category of administrative cases, it is considered expedient to change the currently existing legal regulation of the procedure for resolving disputes regarding the completion of public service, by giving the court the right to choose the form of administrative proceedings for consideration of relevant cases between simplified and general legal proceedings, taking into account the circumstances of each case. It is suggested to introduce amendments to the procedural law providing the court with greater freedom in choosing the form of administrative proceedings for consideration of these cases. It is emphasized that administrative cases in which the plaintiffs are officials holding responsible and especially responsible positions are not considered as minor cases, but this does not mean that they should be considered only under the rules of general legal proceedings. Jurisprudence on consideration and resolution of administrative cases regarding public service is analyzed.