| Abstract [eng] |
The particularity of influence of Labor Law on the block of public servants specifies the fact that, in a broad sense, their legal status regulation embedded in the Law on Public Service, is complemented by labor laws and other legal acts regulating labor relations, and also constantly evolved judiciary doctrine. The relevance of this study is associated with the application of labor law to the in substance specific legal relations– i.e. Public Service. The object of this study is – in accordance with the concepts the public service and the public servant, making a thorough analysis of the problems confronted with in the process of differentiating the legal relations based on public service and an employment contract, specifying the labor law application framework in the field of public service, also proposing the possible ways of problem solving. As the field of laws regulating the public service is narrower than the sphere of labor law, therefore the public service legal relations, which are not regulated by specific acts, are regulated by common labor law. However, evermore, if de facto legal relation is regulated by the Law on Public Service, the latter must be applied. On the other hand, if the Law on Public Service does not regulate de facto legal relation, the provisions of a Labor Code must be applied. Despite the fact, that the Law on Public Service holds this year a jubilee of 10 years, and the Labor Code – already is seven, there is quite a number of situations, when it is not obvious which legal act to apply, or weather it is advisable to apply provisions of the Labor Code, if the Law on Public Service does not regulate the legal question. Trying to facilitate the detachment of the relation between public service and labor, the publisher is offered to supplement provisions defining the concepts “public service” and “public servant”, which are acknowledged in most West Europe countries, with the requirement that these functions can be implemented only by state institution or agency (hence, only by a public servant), and, considering the character of these functions and the legal nature of state institution or agency, they can not be performed by a private individual. |
