Article title Features of a Regulation of Encouragement of Public Servants in the Current Law of Ukraine «About Public Service»
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 9/2016
Сторінки [52-62]
Annotation

The article analyses a genesis of fastening of encouragements, their types, procedural grounds of their implementation in the native legislation, namely, in the base law on state service, which was forced in different years. Author analyses in details the regulations of the Law of Ukraine «About Public Service» on December 16, 1993, the Law of Ukraine «About Public Service» on November 17, 2011 and the Law of Ukraine «About Public Service» on December 10, 2015, draw the conclusion that legislator traditionally regulates questions directly linked with encouragement of public servant in the base law on state service on leftovers and doesn’t pay enough attention to it. Author takes note of that the normative definition of encouragement is absent, which creates prerequisites for its subjective interpretation in the law implementation process and failure identifying with related legal notions in scientists’ papers. In the article the list of relative legal notions (stimulation, encouragement, award, allowance, benefit) is formed and its comparative legal analysis is made. Grounded the conclusion that stimulus (stimulation) is wider notion than encouragement and can be both positive and negative. At that time the encouragement is one of the stimulus (stimulation) types and always has a positive character. Stimulus (stimulation) and encouragement correlate with each other as general and private. Award, allowance, decoration, benefit are determined as separate types of encouragement. The article notes the tendency, to which the legislator committed in encouragements types regulating, namely, gradual increase of their quantity and types diversity. Author grounded the advisability to consider bonus as an encouragement type (all typical sign of encouragement are emphasized) and make alterations to the appropriate part of the base law on state service. In the base law on state service the feature of encouragement questions regulating is the use of estimated notions for determining actual grounds for encouragements application, which complicates the law implementation and poses a threat of abuses from the direction of subjects of implementation. Procedural questions of encouragement application in the base law on state service are not regulated; reference rules to other regulatory legal acts (including those with divergent content) are allocated. Author grounded the advisability of systematizing of procedural norms, which are devoted to production of encouragement, in form of codification (allocation in the separate title of the Code of administrative procedure of Ukraine), and allocation of the proper reference rule in the base law on state service.

Keywords public servant, encouragement, production of encouragement, legislation, proposals, types, grounds.
References