Encouragement in the system of public civil service: the problems of ensuring the implementation of subjective right

Abstract

the article discusses some of the problems of implementation of encouragement of public civil servants, in particular, the issue of limiting the discretionary powers of the official, who applying encouragement to the sivil servants. The reasons for the lack of regulatory restrictions on discretion of the powers of the encouraging entity are investigated. Possible reasons for the discretionary nature of such powers are the uncertainty of legal norms regulating encouragement in the system of civil service, of the legal nature of the powers of the encouraging subject, as well as the lack of regulatory and legal definition of service merit. These aspects significantly complicate the legal procedure for encouraging the civil servant and create a favorable environment for the violation of his respective subjective right. Ways are proposed to ensure the formalization of the encouragement of civil servant procedure, which realises in the public civil service system, and ways to implement the subjective right of the public civil servant to encouragement.