The Institution of Incentives – an Element of the Civil Service Legislation System
Authors: BONDARENKO VIKTORIIA , HERASYMOVYCH ANDRII 
Published: October 2022

The substantial differentiation of doctrinal definitions of encouraging a civil servant in the absence of statutory regulation of such a concept complicates the understanding of the meaning and purpose of this legal tool. The research topic is relevant because the problem of finding such means of influence on subjects authorised to perform the tasks of the state and local self-government, which would encourage civil servants not only to fulfil their professional duties, but also to increase the efficiency and effectiveness of their activities, is of great importance for the improvement and further development of the civil service in Ukraine. The purpose of this study was to investigate the institution of promotion as an element of the system of legislation on civil service, based on a comprehensive system analysis of legal phenomena in the context of current legislation and theoretical legal approaches adopted in the countries of the European Union. Upon authoring this paper, the following methods of scientific cognition were used: dialectical method of legal knowledge, thanks to which the institution of incentives was considered as a phenomenon of legal reality and its essence and qualitative changes in its formulation were investigated; the method of logical-semantic and logical-legal analysis allowed formulating the terminology for incentive legislation, the legal institution of incentives for civil servants; methods of modelling, analysis and synthesis allowed developing proposals for improving legislation on the legal regulation of incentives for civil servants. It was proved that the pluralism of the wording of this concept determines the need for regulatory consolidation of the concept of incentivisation as an element of improving the efficiency of public service. The study clarified the specific features of the institution of incentives in the system of public service legislation, which cover incentive legal relations, the implementation of which takes place in the system of public service, the grounds for applying incentives to civil servants. The authors considered the idea of adopting the Award Code of Ukraine, which would systematise and streamline many regulations that govern incentives, with the purpose of eliminating obsolete legal material, discrepancies in incentive norms, ensuring their logic and consistency, introducing new legal rules. The legal institution of incentives for civil servants is defined as a set of norms of official and administrative legislation that regulate a group of public service legal relations aimed at directly supporting the activities of public servants and related to the implementation of proceedings within the apparatus of the state authority in cases of public servants’ incentives. This paper will be useful not only for employers, but also for the Ukrainian legislator, since the solution of problems related to the improvement of the institution of encouragement of public servants, stimulation of their effective activity should be recognised as one of the priority tasks of the state according to the standards of the European Union.