Tom 13 (2022)

Фактори впливу на особливості правового статусу публічного службовця

Strony: 145-161

PDF (Українська)


The question of the legal status of a public official often becomes the subject of scientific research in the branch of administrative law. Scholars mainly focus on the structure of such status and the characteristics of separate elements of the status. Some underline the moment of the origin of the legal status and connect it with taking an oath. The establishment of these factors will make it possible to secure the legal regulation of public service which will help determine the general and special status of the public official. This will help in the preparation of official instructions for separate categories of positions of public service. In this article, the category “public servant” refers to state servants and professional servants of local authorities.

The legal status of the public official is defined through the following elements: obligations and rights, limitations and prohibitions, and guarantee of the activities. In this article the importance of ethics of behaviour of the public servant, understood as adherence to ethical norms, is underlined as the main duty that the public official takes on voluntarily by taking an oath. The combination of these elements is determined by the regime of the legal public and service activity of the person.

The legal status of the public official is influenced by principles of public service, which are determined by the directions of service activity. The public official applies the principles of the service, passing decisions within their discretionary power.

The status of the public official is also influenced by different objective and subjective factors. Subjective factors are related to the public servants themselves; for example, obtaining additional skills or qualifications will help one to make a good career. Objective factors do not depend on the will of the public official but determine the peculiarities of the legal status. Objective factors include changes in the system of public service, reorganization of the authority, changes in the administrative and legal regime in which the public official works.

Research on the influence of objective and subjective factors on the legal status of the public official will help to propose a model of the lawful behaviour of the public official in different circumstances. The situation in Ukraine, which arose as a result of the attack of the Russian Federation on 24 February 2022, has made it necessary to determine in the regulatory order the algorithm of the acts of the public official in case of occupation of a certain territory.

In the conclusions it is proposed that law regulation should be improved in the sphere of public service and that factors that influence the peculiarities of the legal status of the public official should be taken into consideration.