Suchergebnisse

The author of the article has analyzed the legislation of Ukraine on combating the spread of infectious diseases, in particular, with regard to the perfection of the formulation of powers of local self-government agencies. The author emphasizes that the restrictions imposed by the authorities (regarding the ban on the operation of private catering establishments, hotels, shops, etc.) are an intrusion (interference) of the state, represented by local self-government agencies into the property right guaranteed by the Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. This conclusion, according to the author, follows, in particular, from the ECHR judgments, where it stated that the concept of "property", as well as "ownership", has a fairly broad interpretation and covers a range of economic interests (assets) – both tangible and intangible, such as: real estate, proceeds from property, personal property, "assets", "legitimate expectations" to act in accordance with a permit issued by public authorities, etc. The author of the article studies the process of introducing sequestration restrictions on the territory of Kyiv City; studies the status of the Plenary Committee on Technogenic and Environmental Safety and Emergency Situations of the executive agency of Kyiv City Council, which decided to introduce such restrictions. The analysis of the Ukrainian legislation has resulted to the conclusion that the Committee did not have the authority to introduce sequestration restrictions. It has been concluded at the end of the article that the Law of Ukraine "On Protection of the Population from Infectious Diseases" should be revised and amended. According to the author, the types, conditions and procedures for introducing measures that can be implemented by the public administration subjects to overcome the spread of infectious diseases should be determined with the greatest degree of details; the authorized entities to implement (apply) each of these measures ...

The authors of the article analyze legislative and regulatory acts that determine the procedure for temporary attached duty for a vacant position of governmental service. Based on the results of the conducted study, the authors have concluded that there is a number of problems that hinder the implementation of the institution of temporary attached duty for a vacant position of governmental service. In particular, particular attention is paid to the fact that the content of paragraph 8 of the Art. 31 of the Law of Ukraine «On Governmental Service» states that the term of such an assignment is limited to three months. Accordingly, in case of its expiration and nonannouncement of the competition for such a vacant position, the application of the procedure of assignment or its continuation becomes impossible in the future. Such a regulation does not allow to ensure the flawless functioning of governmental service in the conditions of the introduced sequestration or in other similar cases. Accordingly, the authors of the article have suggested amendments to the Law of Ukraine "On Governmental Service", in particular on the possibility of extending the term of temporary attached duty in special cases for the period until the end of force majeure. The authors of the article have also paid particular attention to the issue of paying bonuses to persons temporarily performing duties for a vacant position of governmental service. The authors have identified discriminatory restrictions in this area. It has been concluded that persons performing temporary duties for a vacant position of governmental service have equal responsibilities and are endowed with equal rights compared to other employees who hold similar positions and / or are on equal terms with such employees. and may not be subjected to any discriminatory manifestations and, as a result, may not be subjects of violations of the rights of public servants, in particular to remuneration, guaranteed both by the Constitution of Ukraine and specialized regulatory acts.