Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.39 N° 71
2021
Recibido el 14/08/2021 Aceptado el 07/11/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 71 (2021), 366-377
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal and educational areas of
improving civil service management
systems in Ukraine and Poland
DOI: https://doi.org/10.46398/cuestpol.3971.19
Olha Bezpalova *
Artur Sotskyi **
Andriy Shkolyk ***
Victor Shcherbyna ****
Tykhin Shevchenko *****
Abstract
The objective of the research was to structure conceptual
approaches for the establishment, development and improvement
of the formation and functioning of (civil) public management
systems in Ukraine and the Republic of Poland, as well as
the identication of ways and methods to improve national
mechanisms for the implementation of the state personnel policy, based on
the modern positive Polish experience. The positive experience of modelling
an eective public (civilian) service management system in Poland that can
be used in Ukraine to solve its problems has been systematized. Materials
and methods were used from the analysis of documentary sources. The
basis was the dialectical method of knowledge of the facts of social reality,
on which formal and comparative legal approaches are largely based.
Conclusions indicate that ways and directions for further reform of the
management system in the eld of public service in Ukraine, include the
further integration of the national public service model, and management
mechanisms in this area to the standards of the single administrative area
within the framework of the Association Agreement between Ukraine and
the European Union.
* Doctor of Jurisprudence, Professor, Honored Science and Technology Figure of Ukraine, head of the
department of Police Activity and Public Administration of the Faculty No. 3 of Kharkiv National
University of Internal Aairs. ORCID ID: http://orcid.org/0000-0003-2886-695X
** Candidate of Law, Associate Professor, Chernivtsi Institute of the International Humanities University,
Head of the Department of Jurisprudence. Ukraine. ORCID ID: https://orcid.org/0000-0001-6836-
7480
*** Doctor in Law, Professor, Administrative and Financial Law Department, Ivan Franko National
University of Lviv. Ukraine. ORCID ID: https://orcid.org/0000-0002-8215-2715
**** Doctor of Juridical Sciences, Professor at the Department of Labor and Social Maintenance Law Taras
Shevchenko National University of Kyiv. Ukraine. ORCID ID: https://orcid.org/0000-0002-5694-
5121
***** Candidate of Law, Senior Lecturer of the department tactical and special physical training of the
faculty 3 of Kharkiv National University of Internal Aairs. ORCID ID: https://orcid.org/0000-
0003-0366-7217
367
CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 366-377
Keywords: public service; civil service; public service management
system; reform of the public service; comparative law.
Áreas legales y educativas para mejorar los sistemas de
gestión de la función pública en Ucrania y Polonia
Resumen
El objetivo de la investigación fue estructurar enfoques conceptuales para
el establecimiento, desarrollo y mejora de la formación y funcionamiento de
sistemas de gestión pública (civil) en Ucrania y la República de Polonia, así
como la identicación de formas y métodos para mejorar los mecanismos
nacionales para la implementación de la política de personal estatal
basada en la experiencia polaca positiva moderna. Se ha sistematizado la
experiencia positiva de modelar un sistema ecaz de gestión del servicio
público (civil) en Polonia que se puede utilizar en Ucrania para resolver
sus problemas. Se emplearon materiales y métodos a partir del análisis de
fuentes documentales. La base fue el método dialéctico de conocimiento de
los hechos de la realidad social, en el que se sustentan en gran medida los
enfoques jurídicos formales y jurídicos comparados. Conclusiones indican
que las vías y direcciones para seguir reformando el sistema de gestión
en la esfera del servicio público en Ucrania incluyen el fortalecimiento de
la integración del modelo de servicio público nacional y los mecanismos
de gestión en esta esfera hasta los estándares del espacio administrativo
único dentro del marco del Acuerdo de Asociación entre Ucrania y la Unión
Europea.
Palabras clave: servicio público; servicio civil; sistema de gestión del
servicio público; reforma del servicio público; derecho
comparado.
Introduction
Development of Ukraine as a successful European state depends rst and
foremost on the success of public administration and public service reform
during the transformation period. It is the professional and virtuous body
of civil servants that is called to become the leader of progressive changes
in society and the state. And in general the positive reform of the public
service (separation of political and administrative positions; introduction
of competitions for all vacant public service positions, approval of the
institution of state secretaries, etc.) carried out in Ukraine in 2015-2019,
368
Olha Bezpalova, Artur Sotskyi, Andriy Shkolyk, Victor Shcherbyna y Tykhin Shevchenko
Legal and educational areas of improving civil service management systems in Ukraine and Poland
today, in 2020, requires reinterpretation of its results and achievements,
as well as determination of new goals and priorities for their further
development. In particular, this should be done in terms of improving
the mechanisms of organization and operation of the public service
management system in Ukraine, taking into account the best practices of
the member states of the European Union. The experience of civil service
creation in the Republic of Poland is the closest and most comprehensible
for Ukraine.
1. Literature review
An equally important point for the theory and practice of public service in
Ukraine today consists in a constructive response to the global challenge to
ensure eective control in the sphere of formation and provision an eective
public service management in conditions of overcoming the coronavirus
pandemic (COVID - 2019). It is obvious that the procedures for temporary
selection for the public service for the period of quarantine (Demmke, 2003)
only partially solve this problem and are currently subject to sharp criticism
by the EU. These and other issues of organization and functioning of the
public service management system in Ukraine need to be urgently solved
on the basis of relevant scientic developments and taking into account
positive foreign experience. Since during the last ve years reforming of the
public service in Ukraine has been based on the phenomenology experience
“civil service creation” in the Republic of Poland it will be appropriate to
analyze and compare the public service management systems in Ukraine
and the Republic of Poland.
2. Material and methods
A set of general scientic and special research methods was used in the
work which gave an opportunity to ensure comprehensiveness of studying
the problem as well as reliability of the research conclusions. The main
research methods are the systematic method, which contributed to disclosure
of the basic public service elements and principles; method of historical
analysis which appeared to be the basis for describing the current state
and development of the public service; structural and functional method
which made it possible to take into account most of the features of service
and focus on the problems and prospects of civil service in administrative
reform conditions, as well as methods of analysis and synthesis used at all
stages of writing this work. Combination of these and other methods and
techniques has made it possible to ensure comprehensiveness of studying
the problem as well as reliability of the research conclusions.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 366-377
3. Results and discussion
Established in the 21st century views on the public service as a special
regime for citizens endowed with appropriate competence to exercise
functions of the state, or as a body of civil servants ensuring the legal
personality of the state, implementation of its internal and external
functions give the most general idea of this important institution for the
society and the state. At the same time, the civil service, like any resource-
intensive institution of public administration, requires its rational and
eective use in the interests of the people and the state.
In our opinion, the public service management is a determined
by the Constitution and laws of Ukraine, purposeful, administrative,
organizational and governmental activity of the state authorities, aimed at:
1) Identication, harmonization and implementation of a common public
personnel policy in the sphere of the public service with broad attraction of
the community; 2) implementation of international standards in the sphere
of public service; 3) approval of a comprehensive and balanced system of
civil service management, represented by entities that: a) form public policy
in the sphere of public service, taking into account international standards;
b) implement the public personnel policy and provisions of the current
legislation, strategies and programs on public service issues; c) provide
training, retraining and advanced training of the public service body;
4) formation and permanent renewal of educated, highly professional,
patriotic and virtuous body of the public service, which should be carried
out transparently on a competitive basis; 5) prevention of conict of
interest, nepotism and any manifestations of corruption during the entry
into the public service and throughout its duration; 6) organization of
continuous professional training, retraining, specialization and advanced
training throughout the public servant’s career; 7) ensuring social and legal
protection of public servants, increasing the public service prestige in the
society and the state.
In its turn, the public service management system is an established by the
current legislation hierarchy of subordinate and coordinated functioning
of public administration subjects, as well as a system of tasks, functions
and powers, methods, forms and mechanisms for formation and realization
of personnel policy in the sphere of public service. Its key features are:
a) legality and legitimacy; b) taking into account national traditions and
international standards of public service management; c) hierarchy (the
so called “personnel vertical”) in combination with democratic nature; d)
unity combined with collegiality; g) integrity and prevalence of activity
throughout the territory of state; integration into the national system of
state executive authorities with the involvement of the public service in the
parliament, oce of the head of the state and judicial power administration
etc.
370
Olha Bezpalova, Artur Sotskyi, Andriy Shkolyk, Victor Shcherbyna y Tykhin Shevchenko
Legal and educational areas of improving civil service management systems in Ukraine and Poland
The public service management systems in Ukraine and Poland have
undergone a long and largely similar genesis and evolution since the 9th
century. At his time in the middle of the 19th century the German scientist
G. Ahrens wrote:
Slavs appear divided into two great tribes. Now based on their place of
residence and peoples that make them these tribes form two branches: Bohemian-
Polish, or North-Western branch including Moravians, Czechs, Poles and Wends
in close relations, and Russo-Serbian, also called Russo-Illyrian, or South-Eastern
branch composed of the Russians belong, that is, the Great Russians, the Little
Russians, the Russinians (Rusyns or Ruthenians), the Bulgarians, and various
tribes of the Illyrian Slavs. There is more similarity between the Germanes and the
Slavs in language and character than between the Germanes and the Celts; but the
Slavic character diers from the Germanic in the dominance of feelings and ideas,
often with a greater desire for the public…” (Ahrens, 1862: 524).
In our opinion, the above expansive quotation testies not only to the
dierence in views of Slavic and German scholars on the origin of the
Slavic peoples, but also to the fact that Poles and Russians have long been
independent. However, the assertion of their statehood, as well as the
beginning of the public service, falls at the 9th century At that time, the
public service in the Kyiv principality was organized by legendary princes
Yaroslav, Volodymyr and others, and the Polish Principality was ruled by
Prince Mieszko, Bolesław I the Brave, Mieszko II, Casimir, etc. (Goldryng,
1928), and to the modern systems of the public service management in
Ukraine and Poland in the 21st century.
The Prince could solve all issues of state life, including appointment of
administration foreman, centurion and thousanders). The prince’s court (as
a power institution) managed economic, cultural, religious processes, and
in order to perform these functions numbered about a hundred of persons.
It should be noted that the state apparatus of the Grand Duchy of Lithuania
owing a part of Ukrainian lands was quite specic. As in the Kyivan Rus,
the duke ruled the state aairs through his squad, which included land
aristocracy. However, expansion of the borders of the Dutchy and entry of a
number of new lands led to the need to modernize and complicate the state
apparatus.
The wife was transformed into a Duke’s Court which was the only
institution of the state apparatus during the 4th century. The rst ocials
who appeared in the structure of the court were voyevodes (military leaders)
and tivunkis (volost leaders), as well as clerks (scribes and treasurers). With
the abolition of appanage principalities and the formation of regions and
voivodships, they were replaced by the positions of elders and voivodes,
who performed not only military functions; and later positions of courtiers,
marshals, cellarers, cornets etc. The highest military authority (after the
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 366-377
duke) was given to o the hetman who was entrusted with the leadership
of the army during campaigns. The mentioned posts were multifunctional,
i.e. one person could hold several positions simultaneously. Positions of
deputies, city governors, chastelains etc. were introduced within the regions
in order to control collection of taxes and the organization of construction
and maintenance of roads and fortications in proper condition.
Avoiding disclosure of the genesis and evolution of the public service
in Ukraine and Poland, which deserves its own study, we note that the
establishment of national public service systems, in their modern sense
both in Ukraine and Poland took place at the beginning of the 20th century,
after the revival of our statehood. Up to date reforms of public Poland, which
is a member of the EU, are a good example for Ukraine in its integration
processes.
Thus, the main periods of formation and development of public service
management systems in Ukraine and Poland are:
The rst period (the 9th century. – the 13th century) – establishment
of the public service management system in the Kyivan and Polish
principalities;
The second period (the 13th century. – the 14th century) – the decline
state institutions in the Kyivan principality during the Orda times,
development of Halych and Volyn’ Principality: and formation of
the Grand Duchy of Lithuania, where the feudal-valesal model of
public service management was launched;
The third period (the 14th century. - the 18th century – establishment
and development of the public service management at the time
of the formation of the Lithuanian-Polish Union, and since 1569,
after theUnion of Lublin – the Polish-Lithuanian Commonwealth
(Rzeczpospolita) as well as establishment of the Cossack state
phenomenon and the strengthening of the public service basis;
The fourth period (the 18th century the 20th century). – Ukrainian
and Polish lands in the Russian and Austria-Hungary Empire and
the attachment of aristocratic and discriminatory public service
management systems based on the legislation of the respective
metropolitan areas;
The fth period (beginning of the 20th century – middle the
20th century). – birth of the national systems of state service
management for the days of national-liberation competitions of
the UPR- WUPR 1917-1922 and during the period of revival of the
Second Rzeczpospolita in Poland (1918-1939);
The sixth period (the rst part of the 20th century – end of the 20th
century). Introduction of the Soviet state-party system of public
372
Olha Bezpalova, Artur Sotskyi, Andriy Shkolyk, Victor Shcherbyna y Tykhin Shevchenko
Legal and educational areas of improving civil service management systems in Ukraine and Poland
service management in Ukraine (1922) And introduction of the
communist model of public service in the Polish People’s Republic
after the Second World War;
The seventh period (end of the 20th century – beginning of the
21st century). - revival of national public service management
systems after the “Velvet Revolution” in Poland and during the
Third Rzeczpospolita and after the proclamation of Ukraine’s
independence in 1991; adoption of the rst laws on public (civil)
service in Ukraine (1993) and Poland (1998);
The eighth period (from the beginning. Of the 21st century – till
now) – reforming the public (civil) service management system
based on the values of the United Europe and adoption of new laws
on the public (civil) service in Poland (2008).
It should be noted that each country in the world has its own model of
public service, as well as its own system of public service management, in
particular the civil service management. At the same time, states that have
related legal and administrative systems, common aspects of genesis and
evolution of their state-building and law-making, public administration and
public service, as well as similar problems in the sphere of public service
and approximate ways of solving these problems have also public service
management systems of similar nature. The public service management
system in Ukraine and the civil service management system in the Republic
of Poland are a clear example of this.
Taking into account the normative content of Article 12 of the current
Law of Ukraine “On Public Service” (Law of Ukraine, 2013), the system of
public service management bodies in Ukraine should be understood as a
system of legally dened and hierarchically organized subjects of public
administration with general Cabinet of Ministers of Ukraine and special
(central executive power body) Committee on Senior Public Service body
and relevant tender commissions; heads of the public service; personnel
management services), competence as well as specialized educational
institutions (the National Academy for Public Administration under the
President of Ukraine, etc.) and research(scientic) institutions, and a
system of their standardized and interdependent functions and powers that
ensure the formation, renewal and functioning of civil servants in Ukraine
(Leheza et al., 2021).
Instead, in the Republic of Poland, the system of public (civil) service
management is similar to the Ukrainian one and is represented by the
following subjects described in our previous publications (Fedorenko,
2020):
Head of the Civil Service subordinated directly to the Head of the
Council of Ministers of Poland p. 7 Art. 148 of the Constitution of
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 366-377
Poland (Law of Poland, 1997) and appointed / dismissed by the
government, formulates and implements the state personnel policy
and manages the civil service in Poland;
The Civil Service Council consisting of 15 members, as an advisory
body on matters related to the preparation of human resources
management strategy in the civil service, preparation of bills and
drafts of other regulations and programs in the sphere of civil
service, budget requests for funding of the civil service, qualication
requirements for candidates for civil service positions, as well
as issues of ethical and disciplinary liability of civil servants, etc.
Activities of this Council are provided by the Oce under the
President of the Council of Ministers of Poland;
Director General of the Government, whose position is formed at the
Chancellery of the Council of Ministers, ministries and government
committees, central executive bodies and voivodship (province)
governments, as well as at the Oce for Registration of Medicinal
Products, Medical Devices and Biological Products and the Forest
Seed Bureau. The Director General is subordinated to the head
of the relevant executive body. The posts of the Director General
are not created t the General Command of the Police, the General
Command of the State Fire Service and the Command of the Border
Guard;
Head of the department at the Oce of the Council of Ministers,
ministries and governmental committees, central executive bodies
and at the governments of the voivodships;
Lech Kaczyński National School of. Public Administration (Krajowej
Szkoły Administracji Publicznej im. Prezydenta Rzeczypospolitej
Polskiej Lecha Kaczyńskiego, KSAP) (named after the president
of the Republic of Poland) which carries out professional training,
retraining and advanced training of civil (public) servants in Poland.
This system became an instrument and the result of the complex process
of civil service creation in the Third Polish Republic (III Rzeczpospolita).
The phenomenon of “civil service creation” in the Republic of Poland
consists in the fact that since 1998 a new “civil service” has been created
(and alongside with it two more components of public service (service t local
government bodies (“służba samorządowa”) and military and paramilitary
service (“służba mundurowa”) are presented, and a balanced system of
state personnel policy and civil service management has been formed. This
generally contributed to integration of Poland into the single European
administrative space and, nally, in 2008, it became an EU member state
(Leheza et al., 2021).
374
Olha Bezpalova, Artur Sotskyi, Andriy Shkolyk, Victor Shcherbyna y Tykhin Shevchenko
Legal and educational areas of improving civil service management systems in Ukraine and Poland
The successes of reforming the public service management system in
Ukraine, taking into account the Polish experience, in 2014-2019 opened
similar prospects for European integration of Ukraine, but today the public
service reform needs to be completed, without compromises in terms of
“quarantine procedures”. Moreover, given the spread of the practice of
passing state examinations and defending dissertations in Ukraine through
Zoom software applications and other applications used on the global
Internet.
In addition to that development of the public service management
system in Ukraine in 2019-2020 demonstrates ambiguous trends that
distance the public service model in Ukraine not only from Poland, but
also from the EU as a whole. These “reverse transformations” include the
following: unreasonable delay of the Parliament with adoption of the new
Law of Ukraine “On Service in Local Self-Government Bodies” (Law Of
Ukraine, 2001) which was to be adopted simultaneously with the Law of
Ukraine “On Public Service” in 2013 (Law of Ukraine, 2013); lack of global
international donor projects on reforming the public service in Ukraine;
weakening the position of the Senior Public Service Commission and its
“forced unemployment” during the COVID-19 pandemic in 2020; outow
of representatives of civil society institutions from personnel commissions;
introduction of a novelty into the legislation when competitive selection
takes place according to part 1 of Article 28 of the Law of Ukraine “On
Public Service” (Law of Ukraine, 2013) ubiquity of appointments to
positions of category “A” and “B” in the “coronavirus” mode, without
competitions; transfer of the National Academy for Public Administration
under the President of Ukraine to the Ministry of Education and Science
of Ukraine, etc. However, these “reverse transformations” are not fatal
and, in our opinion they are subject to constructive solution. This can be
done taking into account the positive experience of civil service creation in
Poland (Leheza et al., 2021).
And what are the similarities and dierences of the researched public
service management systems? Public (civil) service management systems
in Ukraine and Poland are similar, but not identical. They have hierarchical
structure and, in fact, they form the managerial vertical of “personnel
authority”. These systems, in their broad sense, are represented by: a)
parliaments that regulate the public service institution at the legislative level;
b) general executive bodies (the government, head of the government) and
special competence (commissions on public service, specially authorized
bodies or ocials on public service regulation; heads of the public service
(state secretaries, directors general, personnel services (departments)
and divisions). At the same time, unlike Ukraine, the public (civil) service
management system in Poland is concentrated primarily under the Head of
the Council of Ministers of the Republic of Poland responsible for formation
and operation of the Civil Service Council, as well as under the Head of the
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 366-377
Civil Service who is subordinated directly to the Prime Minister. Instead, in
Ukraine, the central entity of the Public Service management is presented
by the National Agency for Public Service of Ukraine which is subordinated
directly to the Cabinet of Ministers of Ukraine and ensures activities of
the Senior Public Service Commission. In our opinion, the Polish model
(with the head of the Civil Service being the central subject of the Civil
Service) may be promising for Ukraine as well, given the established legal
management status of the sole head of the public service who is appointed
and dismissed by the government (Liutikov et al., 2021).
Poland also has a unied vertical of “personnel authority” when directors
general of the government are heads of the civil service in the entire system
of executive power bodies from the Oce of the Council of Ministers of the
Republic of Poland to central executive bodies and military administrations
(voivodships). Instead in Ukraine state secretaries operate at the Secretariat
of the Cabinet of Ministers of Ukraine as well as at ministries while heads
of the state service at other central executive bodies (state services, state
inspections, state agencies and central executive authorities with a special
status) are heads of these central executive authorities. Thus, change of the
head of a central executive authority generally brings about radical changes
in the personnel policy and public service management at the departments.
It should also be noted that an important component of the system for
implementation and formation of state personnel policy and the civil service
management in Poland is presented as State School of Public Administration
(KSAP). Thanks to the special professional training graduates of this school
have preferences regarding holding vacant civil service posts. Instead, in
Ukraine, after transferring the National Academy for Public Administration
under the President of Ukraine (NAPA) to the Ministry of Education and
Science of Ukraine in November 2020, the issue concerning the entity
(entities) for provision of training, retraining, specialization and advanced
training of civil servants requires its constructive solution (Pryimachenko
et al., 2021).
Conclusion
So, the main ways and directions for further reforming the system of
management in the sphere of public service in Ukraine include: Strengthening
of the integration of the national public service model and management
mechanisms in this sphere up to the standards of a single administrative
space within the framework of the Association Agreement between Ukraine
with the European Union; b) conducting a system audit, involving SIGMA
international assessment tools (Support for Improvement in Governance
and Management), etc., main achievements and miscounts of the public
376
Olha Bezpalova, Artur Sotskyi, Andriy Shkolyk, Victor Shcherbyna y Tykhin Shevchenko
Legal and educational areas of improving civil service management systems in Ukraine and Poland
service reform carried out in Ukraine in 2015-2020, as well as identifying
prospects for modernization of the civil service management system in
Ukraine for the next three years; c) performing functional examination of
the main components of the state service management system in Ukraine
and ensuring the discussion of its results with the public (community),
as well as returning the community to competitive commissions, which
determine the winners for holding vacant posts of the public service;
d) strengthening of the state-management status and independence
guarantees of the Senior Public Service Commission providing change of its
name as the Senior Public Service Commission under the Prime Minister of
Ukraine; g) abolition of dubious innovations on determining the winners
“not more than ve people per position” (Part 1 Art. of Article 28 of the
Law of Ukraine “On Public Service”) and suspension of the provisions of the
same Law during quarantine caused by the COVID-19 pandemic as those
which, in fact have reduced the transparent nature of the public service
reform and signicantly weakened the public service management system
in Ukraine, etc.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 71