ადმინისტრაციული ხელშეკრულება საჯარო სამსახურში

The concept and legal definition of an administrative contract is given in the General Administrative Code of Georgia. An administrative contract is a legal form governing bilateral or multilateral legal relations, on the basis of which one party (employer) equips the other party (employee) with public powers in public service. Its special importance in the public service is manifested in the fact that by using this form two goals are achieved simultaneously, the form of labor relations is contractual and the content is public law. This allows the person employed under the contract to exercise the managerial powers inherent in the officer. The use of the institution of administrative contract in the public service is linked to the separation of the two elements of governance from political management and public governance, resulting in a separate institution of the state-political official. The state-political official exercises public powers through the relevant management apparatus. This (unified) institutional arrangement for the exercise of its powers is the public service. Public service in a public institution is carried out separately from the political management of the institution and at the same time, to ensure it. The separation of public administration and politics does not mean isolating these two areas. Political decisions are enforced by public administrators, although political responsibility for their implementation rests with the state-political official.
The subject of my research is quite relevant and interesting. The topic concerns the regulation of the Law on Civil Service, in particular Article 78, which defines the identity of persons employed under an administrative contract and the procedure for their admission to public service. In general, an administrative contract is indeed a mobile form of administrative activity.
Concluding an administrative contract in the public service, termination Suspension is quite relevant, however, many questions arise as to how perfect the above-mentioned regulation is, to what extent it coincides that the above-mentioned persons will be hired in the public service without competition. This is the main goal of the paper, to present the duties, importance and peculiarities arising on the basis of administrative-contractual legal relations, and to analyze the Georgian legislative space, practice and to identify relevant issues