The legislation on public service today is a very heterogeneous and eclectic system in which several arrays can be distinguished depending on the time of their formation. As a result of such a legislative policy, issues of providing state guarantees to state and municipal employees upon dismissal at the initiative of the employer’s representative (manager) are resolved in various ways. Moreover, these differences, as shown in the work, are not due to the presence of objective reasons or features of a particular type of service, but are, most often, a defect in legislative technology. As a result of this approach, the constitutional principle of equality is violated, according to which the regulation of the legal status of persons in the same conditions must be carried out uniformly. In addition, this leads to a number of purely practical difficulties and inconsistencies caused by such regulatory regulation.
The theoretical and methodological development of this topic is low. Most of the works related to guarantees for dismissal at the initiative of the employer relate to labor law and do not take into account the specifics of state-official legal relations. Few works that raise the issue of providing such guarantees to civil servants are devoted solely to the termination of the service contract due to the reduction of posts or the liquidation of a public body. A comprehensive analysis of guarantees provided for by state and municipal employees in the event of dismissal at the initiative of the employer’s representative (manager) was not carried out.
To achieve the set tasks, both a general scientific dialectical method is used, which allows us to understand the duality of understanding the legal categories under consideration, as well as methods of formal logic, comparative, system-structural methods, etc.
Conclusion. A large-scale revision of civil service legislation is needed in order to uniformly resolve the issue of providing civil servants with guarantees upon dismissal at the initiative of the employer’s representative or manager. This, in turn, implies a clear list of such grounds for termination of the service contract (contract). In addition, the legislation on state and municipal service should include norms that enshrine state guarantees when dismissing certain categories of persons, in particular pregnant women and persons with family duties. At the same time, these norms should also contain a list of grounds for termination of the service contract (contract), in which these guarantees are not provided (for example, in case of dismissal for loss of trust).
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