К вопросу о пределах регулирования государственной службы нормами трудового прав

Analyzed the legislative provisions and the practice of their application in relation to the combination of administrative and legal regulation of relations in the public service. It is noted that there are two approaches, the first of which refers to the civil service to labor law, the second – to the administrative. Substantiated the second point of view. Based on the provisions of Federal legislation on the public service system and its types, the author notes that in most cases labour standards are applied on a subsidiary basis, i.e. when certain aspects are not regulated in a special law. Only in certain types of public service the legislator allows for a combination of labor and administrative regulation, but taking into account the features established by the special law on the form of public service. In his study, the author gives examples of situations that are not regulated by a special law on the form of public service, in connection with which in such cases the norms of labor legislation are applied. An example of erroneous application of labor standards to official relations is also given. As a result, it is emphasized that the understanding of the public service as an institution of labor law artificially and unreasonably expands the subject of regulation of this industry, not taking into account that the public service carries exclusively public law principles and is the subject of regulation of administrative law.