Depunerea jurământului ca și condiție pentru exercitarea dreptului la serviciul public în Ucraina: o revizuire a modelului existent în condițiile regimului juridic al legii marțiale
Taking the oath as a condition for exercising the right to civil service in Ukraine: a review of the existing model under the conditions of the legal regime of martial law

Summary/Abstract: The possibility of revising the existing procedure model for taking the Oath of a civil servant in the conditions of the legal regime of martial law is substantiated. The feasibility of creating a simplified model alongside the „basic” normative model, which would exist because of coercion, exclusively under the conditions of the implementation of such a regime (with a restriction on the identification of such a model with a purely formal model, preserving the meaning of the Oath-taking procedure under normal conditions of state existence); characterized the dynamics of views on the oath as a legal fact (taking into account the peculiarities of historical periods). The normative model of the procedure for taking the Oath by individuals who first enter public service positions is defined (with an indication of the stages, specifics of the organization and conduct of such actions). Responsibility for violating the Oath by civil servants under the standard conditions of the state's existence is defined. Additionally, problematic aspects of the issue are identified. Proposals for future law-making and law enforcement are formulated, in particular, the introduction of criminal liability for violation of the Oath by civil servants during the period of the legal regime of martial law, in order to increase the awareness of a person of responsibility for violating the promise to carry the high rank of a civil servant with dignity, and to serve with a dedication to Ukraine and the Ukrainian people. Another purpose is to strengthen the person's awareness of the „connection” with the state. Plus, it is suggested to create the Unified State Register of Oaths in public service, which would contain a separate section of information on the prosecution of people for violating the oath and consolidation of all these provisions in future in a single codified act on public service.

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