Age restrictions in public service: problems of theory and practice

Abstract

The article analyzes the problems associated with age restrictions in the public service of various types. The author notes the controversial approach of the legislator to the determination of the legal nature of such a specific ground for termination of the contract and dismissal from the public service as an employee reaching the age limit for being in the public service, as well as unsatisfactory normative regulation of the procedure for dismissing an employee from service on this ground, gives examples from judicial practice. It is proposed to introduce a unified mechanism for the dismissal of public servants upon reaching the age limit, which should include a written notification of the employee about the upcoming dismissal (at least 6 months before the date of dismissal), issuance of a referral to the military medical commission (with the consent of the employee) and taking the results of the examination when determining the grounds for dismissal, granting vacations in kind and prohibiting the dismissal of an employee from service during a period of disability, being on vacation or business trip.