Formation of principles at the stages of formation and development of the institute of civil service of Ukraine
DOI:
https://doi.org/10.35774/app2019.02.033Keywords:
principles, stages, formation, institute of civil service, cossacks, Ukrainian People's Republic, state administration of the Ukrainian SSRAbstract
The necessity of research of historical approaches to the formation of the principles of civil service is substantiated due to the urgency of the problem of the development of the civil service institute in Ukraine and its transformation in the light of administrative reform and the expediency of substantive consolidation of the principles of the activity of employees through the prism of the formed stages of the formation of the civil service.
A detailed analysis of the stages of formation and development of the civil service from the period of the Cossack period to the period of the reign of Soviet power (the state administration of the USSR) was carried out.
The proposals on the content consolidation of the basic principles of civil service at each of the investigated stages of formation and development of the civil service, which in turn are closely connected with the periodization of the state creation of Ukraine, are formulated.
The analysis made it possible for the author to consider that among the main principles, the application of which has become significant in most of the investigated stages, there are: the rule of law, legitimacy, professionalism, competence, patriotism, service to the Ukrainian people.
The author has formulated a number of moles. Through analysis of the stages of the formation and development of the civil service and the substantive consolidation of the principles of civil service in each of them (the period of the Cossack period, the period of the Ukrainian People's Republic (the time of the Central Rada), the period of the Ukrainian State, and the period of the domination of the Soviet government (the state administration of the Ukrainian SSR) what: 1) the period of the Cossacks is characterized by the beginning of the formation of such principles of civil service as legality, professionalism (in part), competence, political impartiality (in part), high level of patriotism; Rule of Law; 2) during the period of the Ukrainian People's Republic (the time of the Central Rada) the following principles of the civil service are observed: legality, professionalism, competence, patriotism, respect for other nations and peoples, provision of rights and freedoms of citizens, national minorities; 3) during the period of the Ukrainian State, the following important principles of the civil service as a service to the Ukrainian people, legality, honesty, devotion to the cause, professionalism, competence were laid down legally; 4) during the period of the reign of Soviet power (the state administration of the Ukrainian SSR), all previously acquired in the Ukrainian lands such principles of civil service as democracy, service to the Ukrainian people, legality, honesty, devotion to the cause, professionalism, competence, etc. were completely destroyed.
Therefore, taking into account the detailed analysis of the historical stages of the formation and development of the civil service, the consolidation of the principles of the civil service, we believe that among the basic principles, the application of which was considered significant at most of the stages studied, are: the rule of law, legitimacy, professionalism, competence, patriotism, ministry the Ukrainian people.References
Matveeva, T.O. (2016). Zakonodavstvo Getmanshchini u 18 st. [Legislation of the Hetmanate in the 18th century]. Forum prava – Forum of Law, 2, 114-123.
Prus, B. (2010). Pravovi akty getmanskoi vlagy yak gzherela prava Livoberezhnoi Ukrainy pershoi polovyny XVIII st. [Legal acts of Hetman's power as a source of law in the left-bank Ukraine in the first half of the XVIII century]. Visnyk Akademii upravlinnya MVS – Bulletin of the Academy of Management of the Ministry of Internal Affairs, 4 (16), 61-67. Retrieved from http://nbuv.gov.ua/UJRN/ucnavs_2010_4%2816%29__11 [in Ukrainian].
Prutyan, D. (2002). "Prava za yakymy sudyttsya malorosiyskyy narod" – pamyatnyk prava ukrainskogo narodu ["The rights of the Little Russian people are being tried" – a monument to the rights of the Ukrainian people]. Visnyk Khmelnytskogo instytutu regionalnogo upravlinya ta prava – Bulletin of the Khmelnitsky Institute of Regional Management and Law, 2. Retrieved from http://www.univer.km.ua/visnyk/195.pdf [in Ukrainian].
Kovbasyuk, Yu.V., Obolensky, O.Yu., Seryogin, S.M. and others. (2012). Derzhavna sluzhba [Public Service]. Kyiv; Odessa: NAPA [in Ukrainian].
Arkusha O.G., Borodin Ye.I., Vidnyansky S.V. and others. (2009). Narysy istorii derzhavnoi sluzhby v Ukraini [Essays on the history of civil service in Ukraine]. S.V. Kulchyts'kyi and others. K. Nika-Center [in Ukrainian].
Arkusha, O.G., Boyko, O.V., Borodin, E.I. and others. (2009). Istoriia derzhavnoi sluzhby v Ukraini [The history of civil service in Ukraine]. (Vols.5). T.V. Motrenko, V.A Smolij, S.V. Kulchytsky and others. K. Nika-Center [in Ukrainian].
Kertzdevze, I. R. (2017). Administratyvno-pravovi zasady derzhavnoi slyuzhby Ukrainy [Administrative and Legal Principles of the Civil Service of Ukraine]. Candidate’s thesis. Kyiv: Research Institute of Public Law [in Ukrainian].
Boyko, V. (2018). Try zakony vid Getmana…[Three laws from Hetman ...]. Den – Day, June 6th. Retrieved from https://day.kyiv.ua/uk/article/podrobyci-istoriya-i-ya/try-zakony-vid-getmana [in Ukrainian].
Gryshchuk, A.B. (2013). Istoriografiia pytannia stanovlennia i rozvytku instytutu derzhavnoi sluzhby v Ukraini [Historiography of the formation and development of the institute of civil service in Ukraine]. Naukovy visnyk Lvivskogo derzhavnogo universytetu vnutrishnikh sprav – Scientific Bulletin of the Lviv State University of Internal Affairs, 3, 3-10 [in Ukrainian].
Pahomov, I. M. (1971). Administratyvno-pravovi pytanya derzavnoi sluzhby v SRSR [Administrative and Legal Issues of the Civil Service in the USSR]. Kyiv: University of Kiev [in Ukrainian].
Lavrinchuk, I.P. (1999). Pravovyi status derzhavnogo slyzhbovtsya yak uchasnyka trudovykh pravovidnosyn [Legal status of a civil servant as a participant in labor relations]. Candidate’s thesis. Kyiv: Institute of Legislation of the Verkhovna Rada of Ukraine [in Ukrainian].
Drozd, O. (2016). Rozvytok derzhavnoi sluzhby v Ukraini z chasiv isnuvannia SRSR po teperishni chas [Development of civil service in Ukraine since the time of existence of the USSR to date]. Nathionalny Urydychny zhyrnal: teoria I praktyka – National Law Magazine: Theory and Practice, 82-85 [in Ukrainian].