Актуальні проблеми права: теорія і практика № 39

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Browsing Актуальні проблеми права: теорія і практика № 39 by Author "Kotova, L. V."

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    Правове регулювання дистанційної роботи на державній службі.
    (СНУ ім. В. Даля, 2024) Тютюнник, В. К.; Котова, Л. В.; Tiutiunnyk, V. K.; Kotova, L. V.
    The article studies the concept of “distance work” at the civil service positions of Ukraine. Considering the way of the use of distance work in the civil service is insufficiently studied and it is necessary to search for new solutions to the legal regulation of the work of state bodies, so the purpose of the article is to determine the conditions and limits of the use of distance work in state bodies, in particular in public service positions, to work out possible recommendations on the use of distance labor relations in state bodies. The views of legal scholars on the debatable issue of the legal regulation of distance labor relations of civil servants of Ukraine are discussed. The peculiarities of application of the current legislation of Ukraine during the regulation of distance work of civil servants are analyzed. It is noted that legal structures that allow employees to work both under the terms of an employment agreement and under a contract of employment (for example, civil servants) are applied to state bodies today. Attention is drawn to the fact that the civil service legislation does not explicitly prohibit the use of distance work in public authorities, but it does not contain rules that would explicitly allow it. At the same time, the activity of state bodies has a clear peculiarity, including a high degree of subordination and regulation of all procedures. Therefore, the authors are aware of some cautious position of legislators who are not quick with innovating the activities of the state body. Obviously, the distance work is not applicable to all job categories. In general, its use in government bodies seems possible to us. At the same time, the state authorities need to clearly define the conditions of use of work in remote access and to develop a list of positions whose functionality allows working distantly, not at a fixed workplace. In our opinion, in order to use distance work in the civil service, there should be a change in the approach to the concept of civil service and the possibility of performing functions distantly should follow from the terms of the contract. Possible changes to some articles of the Law of Ukraine "On Civil Service" from 01.05.2016 № 889-VIII and the draft of the new Labor Code of Ukraine are proposed. Under certain legal conditions (in particular, capturing the status of a distance worker in legal acts of a state body; the definition in the employment contract conditions that differentiate the activity of a distance worker with other categories of employees; in the special lists of positions approved by the state body) the use of distance work in state bodies can be considered as a promising direction of reforming the public administration system and development of human resources, including in the civil service. The implementation of modern labor structures can help to increase professional competence, motivate employees of state bodies and provide conditions for increasing the effectiveness of their professional service.