LEGAL ASPECTS OF THE TRANSFER OF PUBLIC OFFICIALS

Abstract

The current legislation on the civil service, that regulates the transfer of civil servants, four grounds according to which a civil servant can be transferred without mandatory competition were analyzed. First of all, if the reorganization (merger, accession, division, transformation) or liquidation of the state body is carried out; in the case of transfer of a civil servant to the position of service in local government bodies, during the transfer or delegation of powers and functions from the state body to the local government body; according to the decision of the head of public service in the same state body, including in other district (in other settlement), transfer to the other state body, including in other district (in other settlement), — by the decision of the head of public service in public body from which the civil servant is transferred, and the head of public service in public body to which the civil servant is transferred.

Special attention is paid to the issue of transfer of a civil servant who is suspected of committing a criminal offense. It was found that in the absence of a conviction of the court, which entered into legal force, there are no grounds for termination of public service and dismissal from office. The civil servant shall retain the position of the civil service and the fundamental rights provided for by law, in particular, the right to transfer to an equivalent or lower vacant position to another state body. In addition, the current legislation does not prohibit the transfer of a civil servant suspected of committing a criminal offence to an equivalent or lower vacant position in another state body.

The conclusion is formed that it is not allowed to establish any restrictions on the rights and deterioration of the position of the civil servant in comparison with other employees of this body or institution. In turn, civil servants must comply with the internal regulations and other legislative acts governing the adoption, passage of public service and dismissal from it.