| Abstract [eng] |
The analysis of practice of the Supreme Administrative Court of Lithuania (SACL) and academic literature has shown that Civil service can be considered as a part (with its particularity, of course) of Labor law. The research also includes the analysis of civil servants social guarantees. Firstly, in the scope of salary the SACL mostly applies special Civil service acts. Secondly, The Act of Civil Service regulates material rules of holidays and does not contain any procedural rules. Thirdly, the author has come up to conlusion that regulation seems to be discriminating regarding some issues of fired civil servants. Moreover, The Act of Civil Service does not contain any ruling regarding another social guarantee – return to position. For this reason SACL applies Labor Code. The last part of the research consists of the analysis of material liability and specific liability of civil servants. It can be said that the application of Labor law for the scope of material liability is partial because this type of legal liability is not only separate, but also specific comparing with material liability of employees. For this reason The Act of Civil Service should regulate all issues concerning the material liability of civil servants. Liability of civil servants can be compared with liability of employees. However, due to specific legal status of civil servants, the application of Labor law is impossible in this scope. |
