PECULIARITIES OF THE APPLICATION OF LABOR LEGISLATION TO THE REGULATION OF CIVIL SERVICE RELATIONS UNDER MARTIAL LAW

Abstract

The article is devoted to the study of the peculiarities of the application of labor legislation to the regulation of civil service relations under martial law. The role of labor legislation in the legal regulation of civil service relations in the pre-war period and during the introduction of the legal regime of martial law is determined. It is established that labor legislation has always occupied an important place in the legal regulation of civil service relations, taking the place of general legislation in relation to civil service legislation. In the conditions of the legal regime of martial law, the legislator expanded the scope of labor legislation by granting it a special status in relation to the legislation on civil service. It was found that the primary attempts of the legislator to regulate individual issues of labor relations did not extend to civil service relations. The expansion of the scope of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” took place due to the determination of the specifics of public service and the suspension of the norms of the Law of Ukraine “On the Civil Service", other legislative acts regulating the activities of civil servants in the part of relations regulated by the said Law. At the same time, it has been proven that no “particularities” of public service are provided for by the provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law". The possibility of applying the provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” to civil service relations has been studied. As a result of the analysis, it was established that the provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” do not provide for the specifics of public service; part of the provisions of the said Law does not concern the regulation of public service relations at all; the provisions of this Law are not adapted to civil service relations, and therefore unresolved contradictions arise between them; the application of the provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” to the regulation of civil service relations requires an appropriate interpretation (application by analogy). Prospective areas of further research are identified.