| (2019) 3 Visn. Nac. akad. prokur. Ukr. 23–34 | |
| https://doi.org/10.34285/visnyknapu2019.03.023 | |
| Title of the article | Ranks of Civil Servants of the Prosecution Bodies: Issues of Legislative Regulation |
| Author(s) | NATALIIA NAULIK PhD in Law, Docent, head, department of сontinuing training of civil servants of public prosecution service of Ukraine, Institute оf Continuing Training of Prosecutors, National Prosecution Academy of Ukraine, Kyiv, Ukraine, naulik0406@ukr.net ANATOLII HORZOV PhD in Law, senior lecturer, department of сontinuing training of civil servants of public prosecution service of Ukraine, Institute оf Continuing Training of Prosecutors, National Prosecution Academy of Ukraine, Kyiv, Ukraine, gorzov2008@ukr.net |
| Short title of the journal (ISSN) |
Visn. Nac. akad. prokur. Ukr. |
| Year | 2019 |
| Issue | 3 |
| Pages | [23–34] |
| Language | Ukrainian |
| Abstract | The entry into force of the Law of Ukraine “On Civil Service” on May 1, 2019 caused a number of problems regarding ranks appointment to civil servants according to the categories of positions that is an element of the civil service. The civil servant of the prosecution bodies’ work is quite complicated sphere, since it requires a significantly high intellectual abilities and high level of responsibility, which often causes nervous and emotional tension. As a rule, civil servants work overtime with unbalanced work load, and their work is characterized by unexpected situations that cause the need for prompt fulfillment of head’s instructions. Occupying civil service vacancies in the prosecutor’s office is based on the principle of equal access to this type of activity as a result of the successful completion of a competition for these positions. The winner of the competition shall be appointed to a public service position of a prosecutoring authority of categories “В” and “C” with the corresponding rank. The purpose of the article is to determine the problematic aspects of regulatory of the civil service procedure in Ukraine and foreign countries, assigning civil servants ranks of prosecutor’s office in accordance with the categories of positions, the application of legal acts of Ukraine related to the civil service. It was noted that there was no regulation of separate legal relations on the issues of early assignment of ranks to civil servants of the prosecutor’s office. Examples of correlation of ranks with categories of civil service positions in foreign countries are given, common and different laws of Ukraine and foreign states, which regulates the procedure of civil service are illustrated. The normative-legal definition of the procedure of the civil service, as well as the appointment of ranks to civil servants of the prosecution bodies according to the categories of positions in Ukraine and foreign countries are analyzed. A number of problems related to the practical application of legal acts have been identified. In view of this, it is concluded that there is a need for improvement of the provision on the fair appointment of ranks to civil servants, which, with the entry into force of the Law of Ukraine “On Civil Service” on May 1, 2016, irrespective of the civil service seniority, was assigned a rank according to the position category. In order to avoid this approach, the legislator should consolidate the norm for the rank appointment of civil servants not only taking into account the category of position, but also taking into account the civil service experience of a particular civil servant. In addition, in order to justify the early appointment of the next rank, the criteria for the performance of a specific job and the corresponding activity by a civil servant should be determined. |
| Keywords | public service; civil servant; category of positions; state rank; the prosecutor’s office. |
| References | REFERENCES List of legal documents Legislation 1. Pytannia prysvoiennia ranhiv derzhavnykh sluzhbovtsiv ta spivvidnoshennia mizh ranhamy derzhavnykh sluzhbovtsiv i ranhamy posadovykh osib mistsevoho samovriaduvannia, viiskovymy zvanniamy, dyplomatychnymy ranhamy ta inshymy spetsialnymy zvanniamy [The Issue of Assigning Civil Servant’s Ranks and the Relationship between Civil Servant’s Ranks and Those of Local Government Officials, Military Ranks, Diplomatic Ranks and Other Special Ranks]: postanova Kabinetu Ministriv Ukrainy [resolution of the Cabinet of Ministers of Ukraine] vid 20 kvitnia 2016 roku № 306. URL: (accessed: 05.07.2019) (in Ukrainian). 2. Pro derzhavnu sluzhbu [On the Civil Service]: Zakon Ukrainy [Law of Ukraine] vid 10 hrudnia 2015 roku № 889-VIII. URL: (accessed: 05.07.2019) (in Ukrainian). Bibliography Edited books 3. Vashchenko K (ed), Derzhavna sluzhba krain Skhidnoho partnerstva: rezultaty porivnialnoho doslidzhennia reform derzhavnoi sluzhby [The Civil Service of the Eastern Partnership Countries: Results of a Comparative Study of Civil Service Reforms] (Tsentr adaptatsii derzhavnoi sluzhby do standartiv Yevropeiskoho Soiuzu 2016) 7 (in Ukrainian). Journals articles 4. Matsokin A, ‘Pytannia prysvoiennia ranhu osobi, yaka perekhodyt z derzhavnoi sluzhby do orhanu mistsevoho samovriaduvannia’ [‘The Issue of the Assignment of Rank to a Person Who Moves from Public Service to a Local Government’] (2018) 4 Derzhsluzhbovets URL: accessed 5 July 2019 (in Ukrainian). 5. Voronko L, ‘Uspishna kariera derzhavnoho sluzhbovtsia: sutnist, umovy ta faktory pobudovy’ [‘Successful Civil Servant Career: Essence, Conditions, and Factors of Construction’] (2013) 1 Derzhavne upravlinnia: teoriia ta praktyka URL: accessed 5 July 2019 (in Ukrainian). |
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