State Administrative and Contractual Character of Labor Law Relations of Civil Servants

Abstract

Purpose: The place of labor law relations of civil servants in the system of relations between state administration and labor contract, its theoretical-conceptual and legal basis were analyzed in the article. There were touched upon the elements which combine labor of civil servants in the system of relations of state administration and labor contract character. Theoretical framework: Labor relations of civil servants have complex composition elements. Implementation of these relations in state bodies is one of the main factors which stipulates the complexity of its composition. Another factor includes the possibility of implementation of mainly two constitutional rights of the citizens of the Republic of Azerbaijan – right to work and right to take part in governing the state. Design/methodology/approach: This research uses a type of mixed method. Along with the organization and activity of state power and state administrative bodies in accordance with the legislation, state administrative relations, in accordance with their status and competence, arises in connection with the implementation of the objectives and functions of the state. Public relations forming the subject of legal regulation of civil service relations are the legal model of public relations fixed in the legislation on civil service. Findings: Labor relations of civil servants act as the part of system of civil service legal relations. Here mainly, legal relations on two aspects attract more attention. One of these relations is the legal relations arising on state administration based on the principle of power-subordination. And the other are the legal relations arising on the implementation of the constitutional right to work in state bodies based on the principle of freedom of labor and on the labor contract. The main subject of the both legal relations is civil servants. This aspect combines labor law relations of civil servants in the system of relations of state administration and labor contract character. Research, Practical & Social implications: The state administrative relations are established, changed and terminated in relation with organization and activity of the state government and state administrative bodies in accordance with the current legislation, as well as implementation of missions and functions of the state in accordance with their status and authorities. Administrative relations making the subject of legal regulation of civil service relations are legal model of the administrative relations identified in the legislation on civil service. Originality/value: The civil service is one of the main provision means of implementation of state government and state administration.