OIDA International Journal of Sustainable Development
Open-access peer-reviewed journal
https://doi.org/10.64211/oidaijsd190905
Political Impartiality Civil Service of Ukraine in the Context of Practice ECtHR and EU experience
Oleksandr Shevchuk *1, Igor Samoshchenko 2, Serhii Fedchyshyn 3, Svitlana Davydenko 4, Oleksandra Babaieva 5
1 Department of Administrative Law and Administrative Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
2 Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
3 Department of Administrative Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
4,5 Yaroslav Mudryi National Law University Department of Criminal Procedure, Kharkiv, Ukraine.
* Corresponding author: Oleksandr-shevchuk@ukr.net
Volume 19, Issue 09, 67-80, 2026.
Abstract: The study examines the legal and organizational challenges of ensuring the principle of political impartiality of the civil service in Ukraine, taking into account European standards of public administration, the experience of European Union Member States, and approaches developed in the case law of the European Court of Human Rights (ECtHR). The main purpose of the article is to analyze the content of the principle of political impartiality of civil servants, determine its role in ensuring the professionalism, stability, and effectiveness of the state apparatus, and develop proposals for improving the legal regulation of this area in Ukraine. The results of the study demonstrate that political impartiality of the civil service is one of the key guarantees for the functioning of a democratic governance system, as it ensures the separation of political activities from the professional performance of administrative functions. The analysis of academic approaches and ECtHR case law indicates that the interference of political factors in the activities of civil servants may create risks to the principles of the rule of law, the independence of public administration, and equal access to civil service. At the same time, the ECtHR in its case law emphasizes the need to maintain a balance between the rights of civil servants, in particular freedom of expression and freedom of association, and the requirements of loyalty, impartiality, and proper performance of official duties. The study provides a comparative analysis of the regulatory approaches of Ukraine and selected European Union Member States regarding the protection of political neutrality of civil servants. It has been established that European civil service models are based on combining the political accountability of public authorities with the administrative independence and professionalism of civil servants. Particular attention is paid to the relationship between the principle of political impartiality and the requirements governing the conduct of civil servants as an element of their administrative and legal status. The methodology of the article includes the analysis of Ukrainian legal acts, international standards in the field of public administration, ECtHR case law, and scholarly works of Ukrainian and European researchers, as well as the application of a system of scientific research methods. The comparative legal method was used to examine the specific features of regulating political neutrality of the civil service in foreign countries. The hermeneutic method made it possible to reveal the content of the legal provisions of the Law of Ukraine “On Civil Service” in the context of implementing the principle of political impartiality. The systemic and dialectical methods enabled the identification of the interrelationship between political processes, personnel policy, and the functioning of the state apparatus. The authors substantiate the need to understand political impartiality of the civil service in a broad sense, which involves not only establishing requirements for civil servants but also defining the limits of political influence on the state apparatus and the responsibility of entities authorized to make personnel decisions. The study concludes that further improvement of Ukrainian legislation in the field of civil service is necessary by strengthening guarantees of political neutrality, ensuring transparent recruitment procedures, and developing a professional civil service in accordance with European standards of good governance and ECtHR practice.
Keywords: Civil service; Political impartiality; Civil servants; ECtHR practice; International standards.
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