Realization of the right to civil service at war: the search for a normative model (based on the experience of Ukraine)

Abstract

Under the conditions of introduction in the country of legal regime of martial law in connection with an external armed aggression against Ukraine, conditions for the implementation of fundamental rights of citizens, including the right to public service, the basis of the implementation of which is regulated by numerous normative legal acts, have changed significantly. The ,,basic” normative model, which regulates bases of realization of the person’s right to public service, formed in Ukraine, including taking into account positive normative experience of foreign countries, orientation on provision of practical implementation of innovative functions of the state in the context of ,,global” European integration vector of its development, is relevant to peaceful conditions and in the context of appearance of ,,external negative factor” for existence of the state has not appeared in full measure capable of providing a possibility for a person to perform the right to public service. Under the conditions of the introduction of the legal regime of martial law, quite appropriate to ensure the relevant foundations of the functioning of public service as a whole, the implementation of a person’s right to public service is normative activity of the state, focused on fixing, in parallel with the existing ,,basic” model for peacetime conditions, ,,alternative” normative model as forced, temporary, justified. The peculiarity of this model lies in the fact that it fixes the possibility of simultaneous implementation of both ,,basic” (for peacetime) and temporary legal prescriptions, the possibility of ,,pause” in the application of ,,basic” legal prescriptions and temporary operation of innovative rules, focused specifically on the period of legal regime of martial law.