Public service in germany: experience for Ukraine

Aspekti Publìčnogo Upravlìnnâ

I. I. Pysmenna¹ 

[1] Університет митної справи та фінансів;

关键词: інститут чиновництва;    державна служба;    державний службовець;    дисциплінарна відповідальність;    правові відносини;   

DOI  :  10.15421/15201662

来源: DOAJ

【 摘 要 】

The article deals with the basic principles of organization and functioning of the institute of the public authorities in Germany. The possibility of the implementation of these principles in Ukraine has been identified. Aspects that include the «public servant» concept have been considered and those categories, which are included into the «public servant» position in similar German institutions, have been described. The procedure of public servants’, appointing to the relevant categories of posts and the legislation on the political impartiality of public servants, has been analyzed. Some disciplinary rules of law, which regulate the consequences that can lead to a particular offense of public servants, have been pointed out. These special public-legal relations both at the federal and state levels are ruled by German laws on public servants. Federal law on public servants (Bundesbeamtengesetz) contains detailed description on the procedure of provision of services by public servants at the federal level .The relevant state laws exists for public servants who are employed in the public service at the state level, for example, in the city or municipality. According to the German state structure, employers of public servants are State, land and municipality. It should be noted that from April, 1st 2009 the significant changes were made to state laws on public servants and these changes are based on the law on the status of public servant (Beamtenstatusgesetz). The previous law on the status of public servants (Beamtenrechtsrahmengesetz) was canceled. So, public servants are persons, which perform public-legal functions in the public sphere at the federal, state and municipal levels. In Germany public servant is a person who is in special official relations with the state. These relations are characterized by the performance of public-legal functions. Public servant’s relations with the State (land) are characterized by the loyalty and the trust from the Government’s side. The public servant has special public-legal powers, based on the relevant principles of public administration. All these aspects have been investigated in comparison with the relevant rules of Ukrainian law «On Public Service». The importance of the unification of basic approaches and principles of development, which are described in the law «On Public Service», with the basic principles of service in local authorities has been proved. Taking into consideration the experience of functioning of German public service institute, it will allow forming an integral institute of public service in Ukraine.

【 授权许可】

Unknown