Institutional processes of public administration in the field of employment: problems of implementation ; Інституціональні процеси державного управління у сфері зайнятості: проблеми реалізації
Problem setting. The state of the national labor market is characterized by an extremely acute crisis. Its essence is that there is no balance in the field of public administration of the population employment system. In particular, as always, national governments and international structures draw the attention to the imbalance of labor markets, as an important determinant of socio-economic development and a multidimensional problem of public administration policy. Due to globalization, digitalization, demographic change, migration, etc., the problem of public administration in the field of population employment became significantly relevant in recent years, which has a strong impact on the state of the world and national labor markets. The importance of labor market institutions is critical for overcoming imbalances in the employment sector – this is clear from global and, including European experience. Now it is necessary for domestic state policy to comprehend and adapt such experience, as in recent years there have been significant conceptual and practical differences between the institutional approaches used by Ukraine and the European Union concerning how to develop labor and social relations.The effectiveness of the population employment system which is conducted by public administration at the current stage of development of the country – a qualitative indicator of the effectiveness of public policy in the socio-economic sphere, its level directly determines the current state of the domestic economy. The structure of employment and the level of its efficiency, which had a direct connection with various sectors of the economy, the phenomena of illegal labor migration and shadow employment, still remain problems of the labor market. The inefficiency of the structure of public administration of the population employment system is a reflection of the model of economic development, which is based on cheap workforce. Thus, in connection with the current state of the Ukrainian economy, public administration bodies must develop a very prudent employment policy, because only positive changes in public administration of the employment system, including the possibility of free movement of labor, which stimulates structural change, can assist the country to emerge from the crisis and revive economic growth.Recent research and publications analysis. Many researches by both domestic and foreign authors are dedicated to the analysis of the institutional environment of the employment system and the labor market. Analysis of employment legislation and its impact on the labor market, the activities of employment services in the world is presented in researches of such foreign authors as J. Keynes, A. Marshall, O. Williamson, Fan Tui, E. Hansent and D. Price others.Among the domestic authors who resaerched this issue can be identified scientific achievements of M. Butka, S. Goncharova, Yu. Marshavina, E. Libanova, L. Novak-Kalyaeva, V. Petyukha, L. Shchetinina, L. Fokas, T. Vonberg, T. Kitsak, S. Kalinina and others.Highlighting previously unsettled parts of the general problem. The diversity of modern institutional research, however, leaves unanswered a number of important issues for modern state policy of Ukraine - the institutional foundations of public administration of the population employment system of Ukraine. Paying tribute to the conducted researchws, many important problems of institutional restructuring of the domestic labor market in the context of the social crisis and the destruction of the regional economic space remain unresolved.Paper main body. The interaction of individuals in society is regulated by numerous social organizations and regulations. In other words, the activity of each person is institutionalized. Institutionalization is mainly understood as the formalization of social relations, the transition from informal relations and unorganized work to the formation of organizational structures, which were characterized by a clear hierarchy of power. The process of institutionalization also means that the activities of people and their relationships will be regulated, legally legalized organizational structures, if it is necessary and possible.The process of institutionalization is associated with a complex systemic transformation, differently implemented in the normative, organizational and communicative forms of social institutions.At the present stage, the institutional basis (formal component) of the state employment service is determined:1) The Law of Ukraine "On Population Employment" № 5067-VI of 05.07.2012, in its section III it is determined that the state policy in the field of population employment and labor migration is carried out by the Central Executive Body, which implements the state policy in the field of population employment and labor migration, which has its own territorial bodies that are legal entities under public law. Financing of activity is carried out at the expense of means of Fund of the Obligatory State Social Insurance of Ukraine in Case of Unemployment;2) The Law of Ukraine "On Compulsory State Social Insurance in Case of Unemployment" stipulates that the functions of the executive directorate of the Fund are performed by the central executive body implementing state policy in the field of population employment and labor migration, and its territorial bodies;3) In accordance with the Fundamentals of the legislation of Ukraine concerning compulsory state social insurance, the management of funds of compulsory state social insurance is carried out by the boards and executive directorates of insurance funds, which ensure defined by laws specific types of social insurance, the implementation of board decisions;4) The Decree of the President of Ukraine "On the State Employment Service of Ukraine" № 19/2013 of January 16, 2013 approved the Regulations on the State Employment Service of Ukraine, determined that the new service is the successor of the relevant bodies of the state employment service. The same Decree amended Section II and Clause 12 of Section IV of the Scheme of Organization and Interaction of Central Executive Bodies of the Decree of the President of Ukraine "On Optimization of the System of Central Executive Bodies" № 1085/2010 of December 9, 2010, supplemented by the following paragraph: "State Employment Service of Ukraine". We would like to draw special attention to the fact that the Decree of the President of Ukraine is currently in force. However, the new "State Employment Service of Ukraine" did not last long after its creation. On July 11, 2013, the Resolution of the Cabinet of Ministers of Ukraine "Issues of the State Employment Service" №565 was adopted, according to it territorial bodies of the State Employment Service were established as legal entities under public law, and the State Employment Center of the Ministry of Labor and Social Policy was merged with the State Employment Service. According to the appendix to the Resolution, departments of the State Employment Service was established in regional and district centers. However, in fact this did not happen. The Resolution expired on the basis of the Resolution of the Cabinet of Ministers of Ukraine "Some Issues of Public Administration in the Field of Employment" № 90 of March 5, 2014, which states that "in order to improve public administration in the field of population employment and optimize the system of central executive bodies "the state employment service" was liquidated. It was also determined that the state employment service as a centralized system of state institutions, its activities are directed and coordinated by the Ministry of Economic Development, Trade and Agriculture, is the successor of the State Employment Service. Along with the liquidation of the State Employment Service of Ukraine, employees of the State Employment Service also lost the status of civil servants. It is interesting that the Presidential Decree established the State Employment Service of Ukraine, and the Resolution of the Cabinet of Ministers of Ukraine abolished the State Employment Service;5) Presidential Decree "On Optimization of the System of Central Executive Bodies" № 1085/2010 of 09.12.2010, where in the section "Central authorities" there is such a body as the "State Employment Service", and in section IV the central executive bodies, which activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the relevant members of the Cabinet of Ministers of Ukraine, determine that the activities of "the State Employment Service of Ukraine" are directed through the Minister of Social Policy of Ukraine.We would like to draw your attention to the fact that "the State Employment Service of Ukraine" was liquidated, but this Decree is valid and was not amended since 2014;6) There was also an attempt to change the organizational and legal form and transform the SESU into the National Employment Agency. The concept of such reform was presented by the Minister of Social Policy of Ukraine on June 25, 2015 at the International Scientific and Practical Conference "Labor Market of Ukraine: European Dimension". The work of the National Employment Agency on the basis of the SESU was scheduled to start on January 1, 2016. However, due to the lack of substantiation of the planned reforms, no reforms were carried out. Even while discussing the idea of reorganization, experts had doubts about its relevance, but noted the necessity for change in the work of the employment service;7) The next step in "reforming" the state employment service was the issuance of the Order of the Ministry of Social Policy of Ukraine № 1543 of 15.12.2016, which approved the "Regulations on the State Employment Service", but not taking into account that the title mentions "state", according to item 1 of the Regulation such institution as "State employment service" which is the centralized system of the state institutions which activity is directed and coordinated by the Ministry of Social Policy of Ukraine again appears. The Service consisted of the Central Office of the Service, Regional and Basic Employment Centers, the Ukrainian State Employment Service Training Institute, vocational schools of the State Employment Service, which are defined as legal entities under public law. However, this Order expired on the basis of the Order of the Ministry of Social Policy of Ukraine "On approval of the Regulations on the State Employment Service" № 945 of June 14, 2019. In our opinion, the only significant change in this order was that instead of the Central Office in the service, the State Employment Center reappeared. This provision is valid;8) On December 5, 2019, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Formation of State Policy in the Sphere of Labor, Labor Relations, Employment and Labor Migration" № 341-IX was adopted, pursuant to it the Resolution was adopted Of the Cabinet of Ministers of Ukraine № 206 of March 3, 2020 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Concerning the Transfer of Certain Powers from the Ministry of Social Policy to the Ministry of Economic Development, Trade and Agriculture in the Field of Employment population", which entered into force on March 12, 2020. In accordance with the provisions of this Resolution, taking into account the new priorities of public policy, the issue of public administration of the employment system is a component of economic rather than social policy. Also, this resolution, by amending the existing regulations, destroys the concept of "public employment service". Only the State Employment Center remains. At the same time, no changes were made to the Order of the Ministry of Social Policy of Ukraine "On approval of the Regulations on the State Employment Service" № 945 of June 14, 2019, according to it the activities of the State Employment Service are directed and coordinated by the Ministry of Social Policy of Ukraine. is the main institution of the service. The new provision has not yet been approved. In connection with these conflicts in the law there is a question of legitimacy of the institution.Conclusions of the research and prospects for further researches. Institutional principles of public administration of the population employment system of Ukraine are a process that consists in defining and consolidating social norms, rules, statuses and roles, bringing them into a system capable of acting to reduce the negative impact of unemployment by identifying, eliminating and neutralizing the causes and conditions of unemployment. The result of this process is the creation of an institute of state employment service.The analysis makes it possible to identify in our country an imperfect institutional environment for employment and the labor market. First of all, it is related to the existing contradictions in the legislative system, the shortcomings of the current regulations on the state employment service in Ukraine, and the lack of a clearly defined development strategy.A clearly defined goal, a detailed presentation of the tasks and functions of the state employment service were not formed, in particular those that take into account new trends and realities of employment and the labor market, provide employment legislation with formalities that do not ensure effective activity of service, does not encourage new forms of cooperation of neither potential employees nor employers. ; Розглянуто співвідношення понять "інституціоналізація" та "інституалізація".Зроблено висновок, що ці поняття є тотожними. Доведено, що у контексті глобалізації, цифровізації, демографічних змін, міграції тощо проблема державного управління у сфері зайнятості населення упродовж останніх років суттєво актуалізується, що сильно впливає на стан світового і національного ринків праці. Наголошено, що значення інститутів ринку праці є критичним для подолання розбалансованості у секторі зайнятості. Досліджено інституціональні основи діяльності Державної служби зайнятості. Визначено, що інституціональне середовище зайнятості та ринку праці є недосконалим: існує велика кількість колізій у нормативно-правовому забезпеченні, відсутня чітко окреслена стратегія розвитку