Legal essence of passing a public civil service

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The article considers the legal essence of civil service on the basis of the ratio of general labor law and special norms that determine the legal status of civil servants. Various approaches related to the determination of the legal nature of the civil service are presented. These include recognition of the civil service as a special state activity, an indication of its administrative nature, as well as its recognition as a special kind of labor relations. Based on an analysis of the constitutional legal norms governing guarantees in the field of labor and determining the equal right of all citizens to access the civil service, as well as special rules governing civil service, it is concluded that this is a special professional activity, but civil service is to the sphere of labor relations. This provision allows us to conclude that the restriction of the labor rights of civil servants beyond the necessary due to the special nature of their professional activities is inadmissible.

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Civil service, labor relations, professional activities, constitutional norms, guarantees, legal status of civil servants, prohibitions and restrictions on the civil service

Короткий адрес: https://sciup.org/170187527

IDR: 170187527   |   DOI: 10.24411/2500-1000-2020-10366

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