Problems of the new legislation on civil service standards in the European Union

The article highlights particular regulations of the new Law «About state service» and problems of its introduction in the European Union standards context. An author concentrates attention on requirements to personality of civi lservant in implementation to them of direct duties, relation ships with colleagues, own behavior,cooperating with public organizations and MASS-MEDIA. Taking into account requirements to professional preparation and principles of selection of candidates on government service, it is marked on the necessity of input of clear standards in relation to education and in-plant training of state. In this connection grounded necessity of making alteration is to the current legislation in relation to ethic behavior, political not prejudice, language preparation, moral and official internalss of civil servants. Taking into account requirements to professional preparation and principles of selection of candidates on government service, specified on expediency of development and introduction of standard of preparation, retraining and in-plant training of civil servants. In turn it must answer the European standards and national necessities, to take into account front-rank home experience in this sphere it and comport with requirements and principles EU.

In the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine noted that «… on the agenda – further public administration of system reform, the transition to the model of the state oriented to serve the needs of citizens». But today, the government, in particular, public service is missing social capital, ie trust people.

According to official data, as of January 1, 2012 the status of civil servants in Ukraine had 268 000 104 persons. By the standards and in comparison with European countries, such number of public servants in our country is too high.

On November 17, 2011 the Verkhovna Rada of Ukraine adopted a new Law of Ukraine «About Civil Service» (hereinafter – the Law), which defines the principles, legal and organizational bases of public service, the conditions and procedure of realization by citizens the right to public service of Ukraine and public service – as professional activity of civil servants on preparation of proposals on formation of state policy, ensuring its implementation and provision of administrative services. In pursuance of the Law adopted and published a number of regulatory acts – resolutions of the Government, orders of the National Agency of Ukraine on Civil Service, a number of organizational and methodological measures for successful practical realization of the rules and provisions of the new law. Contest «The Best Civil Servant» carried out annually, established presidential personnel reserve «New elite of the nation».

There are certain European standards (requirements-values) for certain directions that are subject to annual evaluation of resource of public service. In this choice of eurointegration on the way to signing the Association Agreement with the EU, Ukraine is still has a lot to do in the sphere of public administration reform.

UNESCO has defined certain standards of international civil service, include:

1) the basic principles of: international (global) vision of problems; loyalty to the organization in which they work; compliance of fundamental human rights; independence from political groups; respect in relation to national and racial diversity and gender equality; tact, discretion and prudence in expressing their positions; honesty, tolerance, fairness;

2) working relationship;

3) relations with the countries – members and legislative;

4) media relations;

5) own behavior.

Taking into account the state of public service and the Ukrainian realities it’s possible to answer the question, what kind of civil servant our society need today and what requirements it must conform? In our view, the current civil servant must meet the following requirements:

1) does not break the law;

2) be a patriot of his country;

3) professional and on time carry out assigned responsibilities;

4) receive a decent wage,

Important role in the reform and establishment of a new, in its content and activity of civil service should play a training institution for civil servants.

The public service can and should have its own industry standard for the selection of candidates for the civil service, the conditions of its passing.

Analysis of national education area, shows that the term «standard of training, retraining and advanced training of civil servants» has actually implicit nature. However, there are a number of public legal documents, which recorded the most important rules and requirements that define and regulate some aspects of training of civil servants and CBOs. These include, for example, the Constitution of Ukraine, Laws of Ukraine «About Civil Service», «About Local Self-Government in Ukraine», «About Service in Local Government», «About Higher Education»; number of regulations and orders of the Cabinet of Ministers of Ukraine, including “Regulation on the system of training, retraining and advanced training of civil servants and local government officials» from July 07, 2010, «Some issues of training of managers and experts on control of executive power and local self-government» from November 17, 2010 About accolade of the Concept of reforming the system of civil servants, local government officials and local councilors on November 28, 2011, and some Ministry of Education of Ukraine and the Order of the National agency of Ukraine civil service.

Necessity of improvement of valid national legislation and implementation of EU standards in the practice of of public service – a matter of urgency and no alternative.