ON THE MAIN ASPECTS OF ADMINISTRATIVE PROTECTION OF THE RIGHT TO CIVIL SERVICE IN CUSTOMS BODIES

Abstract

The article is devoted to the characteristics of the features of legal regulation of administrative protection of the right to civil service in customs bodies. It has been established that there are two forms of protection (administrative and judicial) provided for in Art. 11 of the Law «On Civil Service», which applies to officials of customs bodies holding positions of categories «B» and «V», and art. 570-2 of the Customs Code of Ukraine touches on this issue only in fragments, providing only for judicial protection of the right to civil service in the customs body by a person who holds the position of civil service of category «А» (Head of the State Customs Service). Administrative protection of the right to civil service has its own characteristics depending on the categories of civil service positions in customs bodies. The protection of the right to public service is: solely the right (and not the duty) of a civil servant; the right of a civil servant itself and not of another person in the interests of a civil servant.It has been established that the administrative protection of the right to civil service in customs bodies should be considered in two approaches: broad and narrow. A broad understanding provides for a set of all possibilities of administrative protection of one’s right to civil service, provided both by general legislation for individuals – we are talking about citizens of Ukraine, and by special legislation for certain types of individuals – we are talking about civil servants in general, and officials of customs bodies in particular. The procedure for considering a complaint is characterized and it is proposed to supplement the Customs Code of Ukraine of Art. 570-4 «Protection of the right to civil service».