CHAPTER 2. ADMINISTRATIVE LEGAL ENSURING AND SCIENTIFIC DEFINITION OF POLITICAL SERVICE IN UKRAINE

This study is aimed at current trends in the science of administrative law to define political service as a type of public service in Ukraine. A critical analysis of the classifications of public service presented in the legal literature is carried out, and the author’s classification is proposed, which singles out the political service as an independent element of the classification. Particular attention is paid to the administrative-legal analysis of the political service and political positions in the executive authorities. It has been established that national legislation includes the President of Ukraine, people’s deputies, members of the Cabinet of Ministers of Ukraine, deputy ministers, elected positions in local governments, etc. to political service positions. It has been established that the presence of public positions in the executive authorities is mentioned in such regulations as the Code of Administrative Procedure of Ukraine, the Laws of Ukraine «On the Cabinet of Ministers of Ukraine», «On the central executive authorities», however, to date there is no clear national legislative list of positions executive authorities that are political. It has been established that the issue of the legal nature of such a position as the head of the local state administration, which was excluded from the list of administrative positions, but not officially recognized as a political position, remains unresolved in national legislation. It is proposed to include the following in the characteristics characterizing civil servants holding political positions in executive authorities: 1) such persons are appointed to positions in the manner prescribed by the norms of constitutional law; 2) these are civil servants holding political positions in executive authorities; 3) they are politicians or persons representing the interests of political forces in the government; 4) these are persons who are not required by law to have sufficient practical experience or an appropriate level of professionalism; 5) these are persons who maintain contact with society both through political technologies and procedures, and through public procedures clearly defined by law; 6) such persons do not bear disciplinary responsibility, but, as a rule, bear political responsibility, which is regulated by the norms of constitutional law. The content and organizational-functional contradictions between the concepts of «technocratic government» and «political service in the executive authorities» are considered. The substantive and organizational-functional contradictions between the concepts of «technocratic government» and «political service in executive bodies» are determined. It is proposed to divide the public service, depending on the features of the admission of persons to such service, into the following types: 1) political; 2) administrative and managerial; 3) professional; 4) patronage; 5) military; 6) alternative (non-military). The shortcomings of the administrative-legal regulation of political service in the executive authorities are revealed and the ways of their resolution are proposed.