THE RELATIONSHIP BETWEEN THE TERMS “CIVIL SERVICE” AND “PUBLIC SERVICE”: CURRENT APPROACHES AND INTERPRETATIONS

Abstract

The scientific article is devoted to the research and presentation of the scientific and applied results of the relationship between the concepts of "state service" and "public service" through the prism of modern approaches and interpretations.

It has been argued that the most important specific features of public service are that it has a public nature, that is, it is carried out for general purposes, to achieve the public good, secondly, it is aimed at the implementation of state functions, thirdly, official activity has a foreign-power nature . In this context, part of civil servants implements the functions of the state directly, the other part performs organizational functions. Servants who directly perform state functions (and in connection with this are endowed with external powers) belong to the category of officials. The substantiation of this position allows us to interpret the civil service as a public-legal relationship between the state and an employee, based on subordination and having as its content a mandatory activity that goes on behalf of the state and is aimed at the implementation of a certain state task. From this, some scientists conclude that civil servants are the subjects of the implementation of state functions and in this connection are endowed with a special status, that is, the opportunity to use administrative powers and solve state tasks. The special nature of the functions performed by civil servants makes it necessary to place them under a special regime of legal regulation, characterized by the dominance of imperative regulations, which can only be ensured by the norms of public law.

The thesis is presented that public service, according to numerous authors, should unite the entire apparatus of state administration and include professional activities for the performance of the powers of various subjects of public law: from state authorities and local self-government to public institutions and organizations formed by them . However, in this context, public service becomes a heterogeneous legal phenomenon. If the legal status of state and municipal employees really has a lot in common, then the legal status of employees of enterprises and institutions established by public authorities is quite significantly different from it. Accordingly, the service system can then be called purely service relations regulated by public law, and labor relations regulated by private law