Peculiarities of the civil service in the national defense sector

• Main Authors: Khrystyna Volodymyrivna Solntseva, Roman Volodymyrovych Shapoval
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2019-06-01
• Series: Проблеми Законності
• Subjects: civil service; the national defense sector; public professional activity; national security
• Online Access: http://plaw.nlu.edu.ua/article/view/164295

Considering the development of civil society as the driving force of the reform of the civil (public) service as a personalized basis for ensuring public administration in various spheres of social and political activity, in this study, the civil service is characterized by the prism of its implementation in the national defense sector. Analyzing the current domestic and foreign legislation, the following features of the civil service were distinguished: the two levels – the internal (staffing of the service) and the external (tasks and functions in the national defense sector); connection with militarized service; a supporting role in the implementation of the main tasks by specially authorized actors (their officials), etc. The legal regulation of the civil service in the national defense sector of Ukraine is characterized by dualism, which consists in regulating the issues of its passage in two directions: the general (Law of Ukraine «On Civil Service») and the special (for example, the Law of Ukraine «On Prosecutor's Office»). Particular attention during the study is given to foreign experience in this field, based on comparison of such service in Ukraine and Lithuania. Such dualism is inherent in the legal regulation of civil service in the system of national defense of Lithuania. In addition, both in Ukraine and in Lithuania, it plays a very important role for the implementation of an effective defense policy of the state. With radical comparative analysis of regulatory and legal bases, the imperfect legal regulation of relations that arise in this area in Ukraine has become apparent. National legislation on civil service in the national defense sector needs improvement by supplementing the Law of Ukraine «On Defense of Ukraine» with the provisions on civil service in the field of defense and, in connection with this change, other normative and legal acts in this area require the bringing in of conformity. Proper legal consolidation in Ukraine also requires the administrative and legal status of civil servants of the defense industry and the status of citizens and public associations that voluntarily participate in the provision of national security and defense. Establishing in Ukraine at the legislative level of a clearly defined notion of «civil service in the field of national defense» will, to a certain extent, help to regulate relations in the course of such service and avoid problems in law enforcement practice.