FEATURES OF LEGAL REGULATION OF RELATIONS OF CIVIL SERVANTS IN THE PUBLIC SERVICE MANAGEMENT SYSTEM

Abstract

The article examines the features of legal regulation of relations of civil servants because through the double character of legal status of latter as employees and as subjects of implementing management decisions it becomes integrated and diversified. It is noted that relations of civil servants are governed by the norms of both administrative and labour law, therefore the need arises to analyse the individual labour relations of civil servants, to allocate their place, signs and essence and explore ways to improve the peculiarity of the system of regulating the relations of employees in combining common sources of labour and administrative law and special legislation dedicated to relations in the field of public service. It is proven that labour relations with civil servants arise at contractual principles and combine most of the signs of labour relations, established by doctrine and practically. The emergence of labour relations with civil servants is carried out on the basis of conclusion of an employment contract, professional activities are carried out taking into account the signs of the classifier of professions and the requirements of reference books of qualification characteristics which gives reason to talk about the exercising labour function by employees. The need to increase the role of employment regulation and social partnership in relations with civil servants is focused on, as the modern period of the development of labour law is typical for expansion of contractual regulation of labour relations, therefore international treaties, general agreement, industry agreements, regional agreements, collective agreements should not be excluded from the sources of legal regulation of civil service. Mentioned measures will help to increase the level of professionalism and efficiency of the public service management system.