THEORETICAL AND LEGAL CHARACTERISTICS OF THE PROBLEM OF BLANKETNESS OF THE NORMS OF THE LAW OF UKRAINE “ON CIVIL SERVICE” REGARDING THE EXERCISE OF THE RIGHT TO WORK BY CIVIL SERVANTS Cover Image

THEORETICAL AND LEGAL CHARACTERISTICS OF THE PROBLEM OF BLANKETNESS OF THE NORMS OF THE LAW OF UKRAINE “ON CIVIL SERVICE” REGARDING THE EXERCISE OF THE RIGHT TO WORK BY CIVIL SERVANTS
THEORETICAL AND LEGAL CHARACTERISTICS OF THE PROBLEM OF BLANKETNESS OF THE NORMS OF THE LAW OF UKRAINE “ON CIVIL SERVICE” REGARDING THE EXERCISE OF THE RIGHT TO WORK BY CIVIL SERVANTS

Author(s): Volodymyr Pikul
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, EU-Approach / EU-Accession / EU-Development, Labour and Social Security Law
Published by: Editura U. T. Press
Keywords: civil service; right this work; European integration; labor rights; legal regulation; social guarantees; competition; professional development;

Summary/Abstract: The scientific article carries out a comprehensive theoretical and legal study of the problem of blanket norms of the Law of Ukraine “On Civil Service” in the context of the implementation of the right to work by civil servants. The author analyzes the essence of blanket norms, their impact on the legal regulation of labor relations and social guarantees of civil servants. Particular attention is paid to the problems of legal uncertainty that arise as a result of references to other regulatory legal acts without proper detailing of the mechanisms for implementing the law. The negative consequences of such gaps are highlighted, in particular, the risks of ambiguous interpretation, corruption manifestations and restrictions on the legal protection of civil servants. The work emphasized that constant changes in legislation in the field of civil service without a systematic scientific approach lead this instability of law enforcement, reducing the predictability of the regulation of labor relations. Specific recommendations are proposed for improving legislation aimed at eliminating the blanket nature of norms, in particular by detailing their content, developing transparent algorithms for implementing the right this work and strengthening social guarantees. The author explored the relationship between the blanket nature of norms and the level of professional motivation of civil servants, emphasizing that legal uncertainty not only reduces the effectiveness of work, but also negatively affects the image of the civil service as a whole. The lack of clear mechanisms for law enforcement creates space for administrative barriers and unequal access this labor rights , which is especially important in the context of reforming national labor legislation.

  • Issue Year: 2024
  • Issue No: 3
  • Page Range: 114-119
  • Page Count: 6
  • Language: English
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