Legal bases of transformation of human resources management in the system of civil service of Ukraine
Authors: Melnyk V. 
Published: August 2021

Problem setting. Ukraine is on the path of systemic institutional transformations, which consist in modernization of the civil service and human resources management, formation of a new personnel policy with the use of modern HR technologies, the implementation of which is impossible without proper legislative support. That is why it is so important to create in Ukraine a mechanism of legal regulation of human resources management in the civil service, capable of ensuring high standards of governance that meet modern experience and best practices in personnel management in developed countries.
Recent research and publications analysis. Current issues of legal support of human resources management in the civil service have been the subject of research by domestic scholars in the field of public administration and administration, public administration, administrative, labor law, namely: V. Averyanova, M. Alexandrova, S. Alekseeva. I. Aristova, O. Bandurka, D. Bahrakh, B. Begichev, N. Bolotina, N. Goncharuk, P. Zhigalkin, S. Kivalov, R. Kalyuzhny, K. Kolpakov, R. Kondratiev, G. Nazarov, N. Neumyvaichenko, P. Pylypenko, O. Skakun, B. Stychynsky, V. Shcherbyna, O. Prodaevych, Y. Kizlov, L. Bila-Tiunova, O. Kravchenko, V. Pogorilko, V. Tolkovanov and other scientists. Despite the scientific achievements of recent years, this issue in the scientific literature remains insufficiently researched and covered, especially in terms of legal support of transformational processes taking place in the field of human resources management in the civil service.
Highlighting previously unsettled parts of the general problem – to characterize the essence of legal bases and the process of transformation of legal regulation of human resources management in the civil service in Ukraine.
Paper main body. The article is devoted to the consideration of topical issues on the transformation of the legal framework for the management of the civil service and human resources. The main normative legal acts that regulate legal relations in the field of state management of human resources are analyzed. Deficiencies were identified and ways to improve the regulatory and legal support for the management of the civil service and human resources of Ukraine were proposed.
The transformation of relations taking place in various spheres of public life in Ukraine requires a detailed study of the legal framework that regulates and establishes key principles and rules of interaction between the state employer and employee, which will trace the evolution of the civil service in Ukraine in 1993 – 2020. p. and conceptualize the legal mechanism for human resources management in the civil service.
Transformation of human resources management of the civil service is a systemic process of transformation in the field of human resources management of the civil service, which is able to ensure the transition from stable “traditional” personnel management to continuous, dynamic state of human resources management in the direction of its renewal and improvement. functions, forms, methods, technologies, tools and methods of management. That is why the term “human resources management” is used in the paper instead of the more accepted “personnel management” in the civil service.
According to many scholars, human resources management in public bodies is broader in content than personnel management, there is a need at the legislative level to make the transition in the civil service from personnel management to human resources management. Therefore, we consider the legal basis of human resources management of the civil service, referring to their legal enshrinement in the legislation of Ukraine, in the Concept of implementation of the information system of human resources management in government agencies and action plan for its implementation.
To disclose the content of regulatory – legal support for human resources management, it should be noted that it consists of an array of documents that create regulatory and methodological and legal support for the functioning of human resources management as a system.
The article stipulates that the level of legal support is divided into international, national, regional or sectoral and local, legal acts have their own hierarchy and, accordingly, the territory to which they apply, as well as divided by legal force.
Among the legislative acts that determine the legal principles and regulates legal relations related to the management of the civil service system, the central place is occupied by the Law of Ukraine “On Civil Service. The scope of legal norms governing the management of human resources, and in content, and in scope, and in nature differs from the legislation that ensures the functioning of the institution of civil service, so the work carried out theoretical and legal analysis of legal ensuring the management of both human resources and civil service. That is why it is expedient to consider the legal principles of human resources management as a component of civil service management.
Conclusions of the research and prospects for further studies. Examining the array of regulations that provide legal regulation of human resources management in the civil service, it should be noted that Ukraine is taking systematic and gradual steps in the process of reforming and modernizing its own civil service system, gradually transforming existing legislation, implementing new legal provisions and adapting already existing regulatory framework for European standards. However, the change of the architecture of public administration, through the introduction of modern HR management technologies in public bodies, dictates the need to amend a number of key regulations that will ensure the further development of human resources management in the civil service.