РRINCIPLES OF THE LEGAL POSITION OF PUBLIC OFFICERS

Abstract

The scientific article is devoted to the study of the peculiarities of determining the legal status of public servants, in particular the principles of their position. The thesis was established that the structure of the legal status of a public servant should be defined somewhat more broadly than it is defined in accordance with the laws on state and municipal service. Based on the specifics of the professional activity of a public servant, his status includes such elements as the principles of his legal status, rights, duties, restrictions, prohibitions, requirements for official conduct and guarantees of ensuring his rights. The legislative consolidation of all these elements, their optimal ratio, is a guarantee of the effective work of public servants. Determinant in the status of a public servant are the principles of his legal status, which derive primarily from the content of the Constitution of Ukraine, and although we do not find in its norms specially formulated principles of legal status, the activity of such an employee is regulated by constitutional norms of a more general and high order, which can be counted among the principles. The internal contradiction in the establishment of regulatory requirements for the official conduct of employees is represented by the principle of priority of the rights and freedoms of a person and a citizen, where the duty of an employee to perform official duties conscientiously, at a high professional level, and the recognition, observance and protection of human rights and freedoms occupy a prominent place and the citizen determine the content of his professional official activity.

Attention is drawn to the fact that the restrictions and prohibitions enshrined in the legislation on state and municipal service affect a number of constitutional rights and freedoms that are constituent elements of the basis of the legal status of an individual, therefore the nature and scope of these restrictions and prohibitions, which together form a special, different from the general constitutional the status of a person and a citizen - the status of a public servant. In this context, when establishing measures and elements aimed at limiting, prohibiting the rights and duties of public officials, public interests are expressed, and such restrictions are compensated by additional special legal guarantees.

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