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REGULATION OF THE PROCESS OF CIVIL SERVICE IN THE PUBLIC
SECTOR
Sardorjon Rakhmonov
Independent researcher of
Tashkent State University of law.
E-mail: sardorjonraxmonovphd@gmail.com
https://doi.org/10.5281/zenodo.14645699
Annotation:
This article analyzes the issues of legal regulation of the process of passing
civil service. The author examines the relations related to civil service from the
perspectives of administrative and labor law, highlighting the intersection of
these two areas of law. Additionally, the article discusses the differences
between the dispositive nature of labor law and the imperative requirements of
civil service in the legal regulation process. The necessity of improving legal
norms in the field of civil service and the importance of its regulation by
administrative law are substantiated.
Keywords:
Civil service, administrative law, labor law, passing civil service, legal
regulation, imperative and dispositive methods, civil servants, state-service
relations, corruption prevention.
The relations regarding the process of passing civil service require
comprehensive scientific analysis. In the theory of administrative law, there is
no unified approach to the concepts of "civil service" and "passing civil service."
This is due to the theoretical and practical issues related to matters such as
appointment to civil service, granting of rank, certification of civil servants, and
others, as well as the lack of scientific research in this area.
One of the most pressing issues in the legal regulation of the process of
passing civil service is its relationship with either labor law or administrative
law. It is important to note that the intersection of administrative and labor law
most directly relates to civil service relations.
A number of scholars (S.A. Ivanov, A.M. Kurennoy, S.P. Mavrin, E.B.
Khokhlov, L.A. Chikanova) consider the relations between a civil servant and a
state authority to be labor law relations. Accordingly, they emphasize that these
relations should be regulated by labor law norms, taking into account the
specifics defined in the special legal documents on civil service. G.S. Skachkova
interprets the contracts made with civil servants as a type of labor contract with
administrative-legal characteristics. In general, these contracts have two
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features: when entering civil service, they involve labor relations like those of an
ordinary citizen, and after joining the service, they transition into
administrative-legal relations upon obtaining the authority of a state div.
Labor law representative R.Z. Livshits emphasizes that labor law is a
separate field from civil law, but he does not deny that administrative law is one
of the closest areas of law to labor law.
Other scholars (Y.A. Starilov, A.A. Grishkovets, A.F. Nozdraev) consider the
service contract to have administrative-legal elements. This approach is based
on the fact that civil service is an integral system of public law.
B.N. Gabrychidze highlights that the administrative law norms regulating
civil service and the labor law norms that define the procedure for acceptance
into civil service and passing through it are so closely related that it is
sometimes difficult to draw a clear line between them. He emphasizes that this
field must be regulated from an administrative-legal perspective.
It should also be added that the interrelation of administrative and labor
law is linked to the method that should be used to regulate the work of civil
servants. That is, the legal regulation of civil service is based on a combination of
imperative and dispositive approaches. Today, labor law is becoming more
dispositive in nature. However, civil service is more inclined toward
imperativeness than dispositiveness. By establishing clear limitations within
civil service, additional social guarantees are provided, which helps prevent
conflicts of interest and corruption.
A significant part of the legal support for civil servants consists of the
employees of the executive authorities of the state, which is a crucial part of the
administrative law system. This creates a need for the sector to be regulated by
administrative-legal means.
In our view, relations regarding passing civil service must be regulated by
administrative law, which can be justified as follows: First, these relations are
directly related to the subjects of administrative law, including executive
authorities and officials. Second, these relations are associated with important
institutions of administrative law, such as administrative justice and civil
service.
The legal relationship between the state and service is the relationship
between the state employer and the civil servant. In the process of implementing
these state legal relations, a specific state function of state policy is carried out.
State-service relations should be distinct from labor relations. Labor legal
relations have a private legal nature, where the subjects are equal. The
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occurrence of labor relations is sufficient with the conclusion and signing of a
single labor contract. The force of the labor contract begins when the employee
gains their legal status, and they must adhere to the organization's internal labor
regulations and labor regime.
State-service relations are administrative-legal relations, which are not
private like labor relations but serve the realization of state and public relations.
In such legal relations, the parties are not equal in terms of authority, as the civil
servant submits to the state.
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