Theoretical and legal characteristics of transfer as a form of realization of the right to work by civil servants in Ukraine

The article carries out a complex theoretical and legal analysis of transfer as a form of realization of the right to work by civil servants in Ukraine. In particular, the legal grounds, procedure and consequences of the transfer of civil servants are investigated, taking into account the regulatory framework and the practice of applying the current legislation. The main attention is paid to the study of the features of the transfer, its impact on the labor rights of civil servants, as well as ensuring the effectiveness of the functioning of state authorities. The relevance of the study is determined by the need to improve the legal regulation of labor relations in the field of public service, increase the requirements for professional mobility and adaptability of civil servants in the context of reforming the state apparatus of Ukraine. The scientific novelty of the work consists in the definition and systematization of the legal basis for the transfer of civil servants, the analysis of their compliance with international standards and practice, as well as in the development of recommendations for improving legislation in this area. The article highlights the main forms and types of transfer of civil servants, examines in detail the legal grounds for the transfer, in particular, initiation by the head of the civil service, reorganization and liquidation of state authorities, the need to avoid the subordination of relatives, etc. Particular attention is paid to the analysis of the impact of the transfer on the material situation, career development and realization of the right to work of civil servants. It was found that the transfer to a lower position, although not defined as a significant change in working conditions, actually leads to significant changes that require additional legal regulation and protection of employees’ rights. Clear criteria and transfer procedures are proposed, which take into account both service needs and the rights and interests of civil servants themselves. An important place in the work is the analysis of the international experience of the legal regulation of the transfer of civil servants, in particular the models used in the countries of the European Union. The possibilities of adapting such models to Ukrainian realities in order to improve the efficiency of the civil service and protect the labor rights of civil servants have been studied. On the basis of the conducted research, a conclusion was made about the need to improve the legislation in the field of transfer of civil servants, to ensure the transparency and fairness of this process, as well as to create effective control mechanisms for compliance with the relevant procedures. The proposed recommendations can be used for further reform of the civil service system in Ukraine, contributing to increase its efficiency and the professional level of civil servants.