The Concept and Essence of Transfers and Movements of State Officials
Abstract
The author has studied the points of view of scholars on the categories of “transfer to another job” and “movement to another job” within the study of general theory of labor law. The norms of the Law of Ukraine “On Civil Service” regarding transfers and movements of state officials have been studied. The author has provided own definition of the terms of “transfer of a state official” and “movement of a state official”.
It has been noted that the national legislator considers a transfer as a change of the position of a state official to an equivalent or lower vacant position in the same state agency, including in another area (in another locality), or in another state agency, including in another area (in another settlement). Regarding the transfer to a higher position there is no clarity in the Law of Ukraine “On Civil Service”, since Part 1 of the Art. 41 of the Law operates in the category of “transfer to a higher position of the civil service”, and Part 1 of the Art. 40 of the Law calls such a measure “promotion of a state official”. The author has substantiated the position that any change in the position of the state service is a transfer. In regard to this, it is offered to repeal the title and content of the Art. 40 of the Law of Ukraine “On Civil Service”.
It has been stated that the national legislator, having provided a separate Article on the transfer of state officials (the Art. 41) in the Law of Ukraine “On Civil Service”, did not provide the Article on the regulation of another measure – the movement of state officials. It has been offered to focus the Art. 40 of the Law of Ukraine “On Civil Service” on the movement of state officials.
The author has grounded the expediency of supplementing the Art. 2 of the Law of Ukraine “On Civil Service” by the following norms: “3-1) transfer of a state official – change of civil service position, to which a state official was appointed to a higher, equivalent or lower position or change of his specialty or qualification. 3-2) movement of a state official – change of job in the same state agency in the same locality within the position, to which a state official was appointed”.
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References
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