MODELS OF ENSHRINING THE RIGHT OF CITIZENS TO ACCESS TO THE PUBLIC SERVICE IN THE CONSTITUTION OF UKRAINE AND THE CONSTITUTIONS OF THE MEMBER STATES OF THE EUROPEAN UNION

Abstract

The right of citizens to access public service is explored in this article, as well as the basic models of its enshrining in the Constitution of Ukraine and the Constitutions and Constitutional Acts of all the Member States to the European Union. It is argued that the constitutional model (from Latin. modulus – “measure”, “analogue”, “sample”) of securing equal right to access to public service is a theoretical and methodological construction that determines the features of securing in the constitutions and constitutional acts of the respective citizens’ rights and normative-legal parameters of the state-administrative mechanism of its implementation in special laws (acts) on the civil service. It is noted that Constitutions (Greece, Germany, Ukraine, etc.) and Constitutional acts (United Kingdom, Sweden), including human rights declarations (France), Ukraine and Member States of the European Union, in most of which the right of citizens to equal access to the civil service, differ in origin, content and scope of legal regulation, system and structure, the legal force of the material contained therein, as well as the principles and mechanisms enshrined in them for the citizens to exercise their right to participate in the state management. Their analysis, comparisons and generalizations make it possible to identify and systematize the basic constitutional models of normalizing equal access to the civil service in Ukraine and Member States of the European Union. The models of consolidation of the equal right to access to the civil service in the Constitutions and Constitutional Acts of all the Member States to the European Union are analyzed and their classification is made according to: a) the subject and scope of the constitutional and legal regulation of the relevant law; b) the entities to which this right applies; c) sources (forms) of normalization of the right of access to public service. It was noted that implementing the foreign policy course, in particular, as stated in the preamble to the Constitution of Ukraine, “... confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine”, and also taking into account the positive experience of attracting foreigners in 2014-2020 (apatry) to the State Governance in Ukraine as advisers, members of supervisory boards and other positions in the public administration, experience of consolidating in the Constitutions and Constitutional Acts of all the Member States to the European Union the possibility of access to the civil service of foreigners, after Ukraine’s accession to the EU, may gain its development in the Constitution and the Law of Ukraine “On Civil Service”.