Some aspects of termination of civil service in Ukraine and in the countries of the European Union

Abstract

The article is devoted to the study of the peculiarities of termination of civil service in Ukraine and in some European countries. Within the framework of the article the legal grounds for termination of civil service and the procedures for the termination of administrative-service relations is analyzed. The author tries to make a partial comparative analysis of the mechanisms of termination of civil service in Ukraine and some European countries. The author put an emphasis on the need to clearly define the status of a civil servant upon termination of civil service and the expediency of implementing an effective mechanism for his legal protection upon termination of official relations on initiative of the subject of appointment, on the one hand, and of increasing the personal responsibility of civil servants for fulfilling their obligations upon termination of civil service on of their own accord, on the other hand. Understanding the concept of termination of civil service and legal grounds of such termination according to Ukrainian legislation and to legislation of foreign countries, in particular Lithuania, Czech Republic, Germany and Poland were analyzed. An intermediate conclusion that the establishing an exhaustive list of legal grounds for termination of civil service is a positive factor which is inherent in the legislation of most European countries, that prevents an abuse and arbitrary behavior by the subject of appointment and minimizes the influence of political factors on the civil service corps and guarantees its stability and perpetuity, was made. Based on the results of the analysis, the features of the realization of procedures of the termination of civil service, the notice periods for termination of civil service, both from the subject of appointment and from the civil servant, were highlighted. The author put an emphasis on the peculiarities of the termination of civil service under the martial law of Ukraine. It was concluded that the legislation of Ukraine on the termination of service relations fully complies with European standards and contributes to the effective functioning of the civil service institute in the country. That is why the opinion regarding the availability of effective and high-quality functioning of the civil service in the conditions of the European integration processes of our country, evidence of which is the existing mechanisms for protecting the rights and freedoms of civil servants before, during and after the termination of service relations and the ensuring public interests through maximum use of their potential, was expressed by the author.