АДМІНІСТРАТИВНО-ПРАВОВІ МОДЕЛІ ЗАБЕЗПЕЧЕННЯ ПУБЛІЧНОЇ СЛУЖБИ У КРАЇНАХ ЄС
Keywords:
public service, public serviceprinciples of public service, public form of power, administrative mechanism, functions of public service, tasks of public serviceAbstract
The scientific article is devoted to the study of administrative and legal models of public service provision in EU countries.
The analysis of administrative-legal models made it possible to establish that the private-law labor relations of employees are subject to civil-law regulation and the corresponding system of legal judicial protection. Norms of civil legislation play an important role in this field. Public-law service relations are subject to administrative-legal regulation and have a specific method of judicial review of arising service disputes. Thus, in some cases, legal protection is carried out by considering a civil case in a civil court, and in others, the dispute is resolved in an administrative instance and in an administrative court. Such an understanding of the difference between public-law and private-law official relations, when a private-law appointment to a public service is less significant (or completely insignificant) compared to a public-law official position, is incorrect.
Attention was drawn to the fact that the process of creation of public service on the territory of the European Union has undergone a large cyclical development, because along with the expansion of the circle of participants of the integration association, there is an expansion of its functional sphere. The EU is turning into the most important structural element of the political and economic organization of the subcontinent. All this determines the importance and necessity of increasing the efficiency of the public service of the European Union, which becomes especially relevant in scientific and theoretical knowledge in the context of the approximation of domestic legislation to European standards and the approximation of Ukraine's membership as part of the European Union.
In some cases, the official legal relations of the personnel of the authorities are subject to regulation by the norms of private law. Today, in the period of the so-called deregulation of public relations and privatization, such an order in the countries of Western Europe, according to experts, entails the need to create a flexible public service system.
