UPDATED DOCTRINAL VIEW OF THE OATH AS A PREREQUISITE FOR THE REALIZATION OF A PERSON’S RIGHT TO PUBLIC SERVICE
Дарья КРЕМОВА, Запорожский национальный университет (Украина)
Rezumat
Under the conditions of introduction in Ukraine of the legal regime of martial law, the formation of an updated regulatory framework for the use of the resource of all without exception legal institutions for the effective solution of certain tasks of the special period of the country’s existence, the institute of oath is no exception. Thus, for the effective functioning of the institution of oath in the official law of Ukraine, two models of its existence should be distinguished, depending on the conditions in which the state finds itself. The first model, ,,basic”, ,,basic”, ,,traditional”, legally enshrined, provides for its existence in conditions usual for the state, while the second, ,,special” represents the existence of the institute of oath in the official law of Ukraine during special legal regimes, and with the introduction and operation for this period, including the legal regime of martial law, with fixation (introduction of changes into the existing acts of official legislation as a separate article in the modern domestic rulemaking during the legal regime of martial law in Ukraine and in the future by allocating a separate chapter in a separate section of the codified act on public service) the basics of simplifying the procedural aspect of taking the oath (in particular for civil servants; while eliminating the mistaken identification with a pure formality), modification of the model of relations of subjects of ,,sworn” legal relations regarding the guarantee of target orientation, strengthening the role and importance of protective ,,sworn” rules including the introduction of criminal liability for violation by a public servant (in particular public servants) of the oath during the legal regime and will not only take into account the uniqueness of the resource of the oath in official law, but also ensure the use of its resource for the effectiveness of public-service activity in the conditions of a special regime of the country.
Keywords: oath, Oath of a civil servant, law, public service, civil servant, realization of rights, doctrinal analysis, legislation.
