Aspekti Publìčnogo Upravlìnnâ (Aug 2016)
Typology of the governmental services: terminological polemics
Abstract
The content of the concepts “specialized government service”, “military service” and “law-enforcement service” has been reviewed briefly in the article. System approach to the characteristics of the government service allows us to make the conclusion that the government service is a certain stable social establishment intended to ensure the implementation of the state control functions. It also can be understood as competences and powers of the governmental authorities, which include systems of different types of professional official activity and the whole complex of various ties and relationships. Theoretical justification of the government service being the system of constantly active components gives us the possibility to clarify the intended purpose of anyone of them, as well as to determine the unity and specific nature of the actions of each type of the governmental service. On the basis of the specific classification of the government service, following types of the governmental service have been described in the literature: government (civil) service, military service and law-enforcement service. According to the author’s opinion, the specialized government service is the institution of the state power, which officials have the legal status, defined both by the Law of Ukraine “On Public Service” and special statutory instruments, such as customs code of Ukraine, tax code of Ukraine and others These officials carry out their professional activity, which is related to the implementation of functions, rights and responsibilities of the executive authorities in special conditions, have authoritative powers, functions, specific nature of performing functions, titles (grades, ranks), special legal coverage, as well as material and welfare support. Military service is another type of the public service. It is the professional activity of the citizens in the law-enforcement authorities and the service of the citizens in the institutions, which implement functions related to safety, law and order, crime prevention, protection of human rights and freedoms. The main feature of the national law enforcement service lies in the fact that it is the form of enforcement action of the State on the one hand and the element (type) of government service on the other hand. In other words, application of the principles of the government service to the law enforcement allows defining it as the special arrangement of the law enforcement activity of the State. This means that the activity of the State is the law enforcement activity in content and it is the official activity of the professionals hired by the State in order to fulfill tasks related to the maintenance of public order classified by the manner of arrangement and implementation. On the basis of the text of the Law of Ukraine “On Public Service” the following conclusion can be done that the statutory regulation of the governmental services of Ukraine is substantially insufficient, especially with regard to the fulfillment of governmental functions towards constitutional items. Most of all, this includes the maintenance of the State’s security. According to the author’s opinion, the Law of Ukraine “On Public Service” shall be amended by the chapter “On specialized government service”, which must rule the issues of legal, social and administrative status of the officials of the executive authorities, whose official activities have specific nature. Besides, it is necessary to perform the legal confirmation of the development of the law enforcement service.
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