GERMAN EXPERIENCE IN REGULATING PROCEDURE FOR DISMISSAL OF CIVIL SERVANTS: AREAS OF APPLICATION IN NATIONAL LABOUR LEGISLATION

Abstract

The relevance of the article is due to the need to optimise and review for compliance with European standards the institution of dismissal of civil servants. Therefore, the modernisation of the civil service in line with the European experience is one of the priority tasks facing the national legislator, and the institution of dismissal of civil servants is one of the issues that, in our opinion, could be improved on the basis of the legislation of European countries. The experience of those countries, which have the civil service modernised and reformed already in the last century, and today have a stable and sustainable system where each element functions properly is certainly useful for Ukraine. Such countries include the Federal Republic of Germany, which is traditionally considered by domestic researchers as a model for reforming any civil service institution. The article analyses the specifics of German legislation regulating the procedure for dismissal of civil servants. The author presents the legislative provisions of Germany in the context of the area under study. The article reveals how the specificities of the national legal framework for the procedure for dismissal of civil servants differ. The positive aspects of progressive foreign legislation are noted. Specific proposals are made to adopt the positive German experience into national labour legislation. It is found that since German law does not set minimum time limits for a civil servant to notify the appointing authority of his/her dismissal, this way the interests of the State are protected if the dismissal of a civil servant will harm them in the short term. An alternative to such changes may be to grant the appointing authority the right to postpone the dismissal of a civil servant if his or her dismissal within the timeframe specified in the application would harm the public interest. For example, in case a civil servant performs certain official tasks that cannot be transferred to another employee, or if the head of the civil service has reasonable doubts about finding an adequate replacement for the civil servant within the time limits established by law.