SERVICE LAW OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE LAW: SOURCES AND THEIR SYSTEMATIZATION

Abstract

The article is devoted to the study of the sources of service law of Ukraine and to determining their place within the system of sources of administrative law. It is shown that service law is regarded as a subbranch of administrative law, the subject matter of which comprises relations connected with entry into public service, its performance and termination, as well as the determination of the legal status of public servants and officials. Scholarly views on the role of the institution of public service in shaping the content of service law are generalized, together with arguments concerning its public-law nature and its distinction from labour law. Approaches to the classification of the sources of service law by level of operation (national and international) and by form of expression (formalized and non-formalized) are examined. The system of sources of service law is characterized, including international legal acts, laws, subordinate regulatory legal acts, judicial decisions in cases related to public service, decisions of the Constitutional Court of Ukraine, and judgments of the European Court of Human Rights in the relevant category of cases. It is noted that legal doctrine and Soft Law are substantiated in scholarly literature as non-formalized sources. The necessity of systematizing the sources of service law is justified due to the number of acts of different legal force and their placement within legislation regulating various types of public service. Incorporation is examined as a form of systematization that consists in combining effective regulatory legal acts into collections or compilations in a defined order without changing their content. It is shown that incorporation facilitates the use of legislation and contributes to the identification of conflicts and duplication of legal norms. It is emphasized that incorporation does not create new norms and does not alter the legal force of acts, but involves editorial and technical processing and ordering of legislation. As a result, an external processing of current legislation is achieved and a set of acts convenient for application in personnel and disciplinary procedures is formed