ECONOMIC AND LEGAL ASPECTS OF RESTRICTIONS ON CIVIL SERVANTS' POLITICAL PARTY MEMBERSHIP IN UKRAINE AND POLAND: A COMPARATIVE STUDY

The research argues that safeguarding the impartiality of civil servants is not merely a formal requirement but a fundamental condition for the effective functioning of democratic governance, which directly influences the stability and sustainability of development of state and its democratic reforms. Ukraine and Poland were chosen for comparative analysis due to their shared historical and legal backgrounds, yet Poland’s successful experience in depoliticizing its civil service provides a valuable model for Ukraine’s ongoing reforms. In Poland, strict legal prohibitions on civil servants’ participation in political party activities have been instrumental in eliminating conflicts of interest and fostering a professional, independent civil service. Conversely, Ukraine’s current legislative framework still contains loopholes that allow for political influence over civil servants, posing risks to the transparency and sustainability of public administration. The study examines the legislative evolution and current legal regulations in both countries, highlighting the deficiencies in Ukraine’s approach to restricting political affiliations among civil servants. It is emphasized that the legislative establishment of the prohibition on membership in political parties and the restrictions on financing political parties are interconnected and constitute an important element of the overall system for preventing the politicization of the civil service and ensuring its impartiality. Furthermore, the article reviews relevant case law of the European Court of Human Rights to assess the compatibility of such restrictions with human rights obligations, emphasizing their necessity for upholding democratic standards. In conclusion, the author proposes specific legislative amendments to Ukrainian laws aimed at introducing clear and comprehensive prohibitions on political party membership for civil servants. Such measures are presented as critical steps towards building a politically neutral, transparent, and sustainable civil service that can effectively support Ukraine’s democratic development and long-term governance reforms.

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Publication Details

Journal
Baltic Journal of Economic Studies
Published
2025-08-20
DOI
https://doi.org/10.30525/2256-0742/2025-11-3-371-380
Primary Topic
Banking, Crisis Management, COVID-19 Impact
Type
article
Field-Weighted Citation Impact
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article

ECONOMIC AND LEGAL ASPECTS OF RESTRICTIONS ON CIVIL SERVANTS' POLITICAL PARTY MEMBERSHIP IN UKRAINE AND POLAND: A COMPARATIVE STUDY

Tetiana Kolomoiets, Karolina Rokicka, Serhii Fedchyshyn
Baltic Journal of Economic Studies
Banking, Crisis Management, COVID-19 Impact
article

ECONOMIC AND LEGAL ASPECTS OF RESTRICTIONS ON CIVIL SERVANTS' POLITICAL PARTY MEMBERSHIP IN UKRAINE AND POLAND: A COMPARATIVE STUDY

Tetiana Kolomoiets, Karolina Rokicka, Serhii Fedchyshyn
article en

Abstract

The research argues that safeguarding the impartiality of civil servants is not merely a formal requirement but a fundamental condition for the effective functioning of democratic governance, which directly influences the stability and sustainability of development of state and its democratic reforms. Ukraine and Poland were chosen for comparative analysis due to their shared historical and legal backgrounds, yet Poland’s successful experience in depoliticizing its civil service provides a valuable model for Ukraine’s ongoing reforms. In Poland, strict legal prohibitions on civil servants’ participation in political party activities have been instrumental in eliminating conflicts of interest and fostering a professional, independent civil service. Conversely, Ukraine’s current legislative framework still contains loopholes that allow for political influence over civil servants, posing risks to the transparency and sustainability of public administration. The study examines the legislative evolution and current legal regulations in both countries, highlighting the deficiencies in Ukraine’s approach to restricting political affiliations among civil servants. It is emphasized that the legislative establishment of the prohibition on membership in political parties and the restrictions on financing political parties are interconnected and constitute an important element of the overall system for preventing the politicization of the civil service and ensuring its impartiality. Furthermore, the article reviews relevant case law of the European Court of Human Rights to assess the compatibility of such restrictions with human rights obligations, emphasizing their necessity for upholding democratic standards. In conclusion, the author proposes specific legislative amendments to Ukrainian laws aimed at introducing clear and comprehensive prohibitions on political party membership for civil servants. Such measures are presented as critical steps towards building a politically neutral, transparent, and sustainable civil service that can effectively support Ukraine’s democratic development and long-term governance reforms.

Baltic Journal of Economic StudiesVol. 11(3)
National University Zaporizhzhia Polytechnic (UA), Nicolaus Copernicus University (PL), Yaroslav Mudryi National Law University (UA)
Openalex Percentile: Top 67%
Banking, Crisis Management, COVID-19 Impact
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