scholarly journals Государственная служба в судебных органах Европы и Украины: сравнительный анализ

2021 ◽  
Vol 5 ◽  
pp. 45-61
Author(s):  
Елена Гладунова ◽  

Goal – to carry out a comparative analysis of civil service in the judiciary of Europe and Ukraine and highlight the positive foreign experience for the possibility of borrowing it in the Ukrainian state. Research methodology – the article uses the method of system analysis, an integrated approach, a comparative method, as well as analysis and generalization of practical activities. Score/results – the article analyses the organization and functioning of the civil service on the example of some foreign countries. The main similarities and differences in the relationship between the institution of public service and the judicial authorities of Ukraine are highlighted. Ways of functional optimization and problem solution based on borrowing foreign experience are proposed. Originality/value – the work was performed by the author independently, without outside help. The article contains links to quotes, as well as links to legislation. In essence, the article is an overview report.

2005 ◽  
Vol 30 (2) ◽  
pp. 217-227
Author(s):  
Gene Swimmer ◽  
C. B. Williams

The purpose of this study is to determine the nature and magnitude of any relationship between wage and salary changes in specified occupational classifications within the Alberta Civil Service and wage and salary changes in similar occupational classes in Alberta industry. In particular, the possibility of the « leader » role that public service wage and salary changes may play in the determination of occupational wage and salaries in other employment sectors within the Province of Alberta will be articulated.


2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.


2019 ◽  
Vol 25 (2) ◽  
pp. 163-168
Author(s):  
Evelyne Ingrid Mitu ◽  
Elena Loredana Comănescu

Abstract Redefining recruitment systems and evaluating civil servants to take into account a number of general macroeconomic issues. Professionalization of the public function in order to identify future practical solutions to recruitment and evaluation processes is necessary to make a decision on several fundamental aspects of the public service system. Analysis of the relationship between the available human resources and the probable evolution of the quantitative and qualitative analysis of the existing resources as well as the design of future resources.


Author(s):  
Oksana Fomina

Relationship between the advocate and the client is a set of interrelated rights and obligations, guarantees and responsibilities.Taking into account the current political trends in the state, it can be noted that one of the most common ways of reforming nationalinstitutions is studying their activity in foreign countries. Thus, in order to find ways to improve the relationship between the advocateand the client under the agreement on the provision of legal assistance, we propose to examine the peculiarities of these relations insuch foreign countries as England, Germany, France and Poland. To ensure the consistency of the study, we propose to use certain criteria,such as: legal regulation of relations, name of the contract on the basis of which legal assistance is provided, names that are usedto the parties of the contract, list of their rights and obligations, types of responsibilities and peculiarities of payment for the advocate’sactivity.The urgency of the selected issues is confirmed by the fact that some of its aspects were examined in the scientific writings ofsuch scientists and practitioners as: N. Bakayanova, A. Biryukova, T. Varfolomeeva, T. Vilchyk, S. Fursa, and others.Studying the foreign experience of relationship between the advocate and the client indicates that there are both common and distinctfeatures. The distinguishing features include such as: presence of several types of professions engaged in the advocate activity;compulsory professional insurance; possibility of settling a dispute between the advocate and the client outside the disciplinary proceedings;admissibility of using the success fee.The point of view on the impossibility of introducing compulsory professional insurance for national advocate in the current contextis justified. The idea about advocate`s file, which has recommended character, is examined.The definition of the concept of “trust between the lawyer and the client” is proposed as a result of the actions of the advocateand the client, which depends on the moral-psychological, personal and professional qualities of the advocate and the moral-psychologicaland personal qualities of the client, and finds a manifestation in the special psychological climate of the relationship which promotesthe quality of the order execution.


One of the key factors on which the effective functioning of the entire national economy depends is the organization of the state taxation system. Prospects for the reform of personal income tax are currently widely discussed with the aim of maximizing its fiscal functions and achieving equity taxation. Let us consider in more detail how foreign countries solve the problem of the fairness of taxation of personal income in the development of tax policy. The subject of the study is the foreign experience of taxation of personal income in countries with developed economies. The purpose of the study is to study the approaches to taxation of foreign countries in the current socio-economic conditions. Objective: to study the trends in the formation of the tax rate on personal income in countries with developed economies. General scientific methods are used: system analysis - to determine the specifics of tax development in economically developed countries; comparative analysis - to compare the principles in the formation of taxes in foreign countries and Ukraine. The following results were obtained: The prospects for the application of foreign experience in the taxation of personal income in Ukraine were considered. The analysis of income tax in Germany, France, Italy, Canada, the United States of America - the countries with the highest standards of living, according to the United Nations. The main features of income tax in these countries are identified, the possibility of borrowing them in the course of reforming the personal income tax in relation to Ukraine is assessed. Based on an analysis of the main approaches to taxation of personal income in countries with developed economies and Ukraine, a SWOT analysis was obtained. Conclusions: the tax systems of many states have their own historical prerequisites, are “adjusted” to the territorial and transgeographic features of countries, as well as their internal policies and the mentality of the population. Improving the efficiency of the tax system is really subject to the adjustment of the principles of taxation under the economic conditions of a particular state.


2017 ◽  
Vol 2 (2) ◽  
pp. 51-73
Author(s):  
Yaskuyuki Watanabe

The Japanese civil service system was reformed in 2014 by the amendment of the National Public Service Act. The amended act covers a wide range of areas, but the key point is the new appointment process for executive officials. The introduction of this new process changed the relationship between the Prime Minister and executive officials drastically. This article first describe the reason why the Japanese government had to undertake the civil service reform. This article will then analyze the content and process of this reform in two dimensions (i.e., transformational factors and transactional factors) by applying Burke-Litwin Model, after which it will explain how the reform changed the relationship between the Prime Minister and executive officials.


2020 ◽  
pp. 38-44
Author(s):  
V. I. Sharin

The problem of motivation of public service in the civil service, affecting the efficiency and professional level of personnel, is relevant. The research is aimed at studying the problem of motivation of public service in the Russian civil service. The methodological base includes the concept of bureaucracy by M. Weber, the concept of motivation of public service by J. Perry and L. Wise, as well as the publications of leading Russian and foreign scientists in this field. When analysing the data, the methods of system analysis and General scientific methods were used. Scientists and practitioners give ambiguous estimates of the role of motivation of public service in the structure of motivation of officials. Therefore, the aim of the paper is to answer the question: whether the motivation of public service has a significant impact on the motivation of officials to perform public civil service. The analysis of motivational preferences has showed that the motivation of public service is not perceived by the majority of civil servants as the leading motivation of service. The reasons for the lack of motivation of public service among Russian officials have been examined in the paper. According to the results of the study, measures aimed at increasing the motivation of public service of civil servants have been proposed.


Author(s):  
Л. О. Дорогань-Писаренко

У статті висвітлено сучасний стан оплати працідержавних службовців. Проаналізовано досвід зару-біжних країн з організації державної служби. Запро-поновано врегулювати систему оплати державнихслужбовців шляхом реформування структури їх до-ходу. Визначено необхідність уніфікації різниці вокладах і заробітних платах службовців різних рівніввиконавчої влади. Визначено основні напрями удоско-налення організації праці державних службовців та їїоплати. The article highlights the current state of civil service pay. Analysis of the experience of foreign countries in the public service. A system of payment to settle civil servants by restructuring their income. The necessity of unification of the difference in salaries and wages of employees of various levels of government. The basic directions of perfection of the civil servants and their pay.


Author(s):  
G. A. Borshevskiy

The article studies the process of reforming the institute of civil service in the countries of the Eurasian space (e.g. Russia, Belarus and Kazakhstan). The integration of national systems of public administration and, in particular, the civil service, is an important factor contributing to the implementation of the centripetal tendencies in the post-Soviet space. The research methodology is based on a combination of comparative legal analysis, historical retrospective method, normalization and scaling, structural-functional and system analysis. A comparison of the legal models of public service was made in research. The author puts forward the hypothesis that it is presence the relationship between the quantitative changes (for example, number of employees) of civil service and the dynamics of macroeconomic indicators (e.g. number of employed in the economy). In this regard were observed common trends. On materials of the statistical surveys were considered quantitative changes in national systems of civil service. The study of the socio-demographic characteristics of the public service (gender, age, profession) allowed to formulate conclusions about the general and specific trends in the reform of the civil service of the analyzed countries. A number of values were first calculated by the author. The work is intended to become the basis for a broad international research on the development of civil service, which is the central mechanism for implementation the integration in the post-Soviet space.


Legal Concept ◽  
2021 ◽  
pp. 47-57
Author(s):  
Ekaterina Rusakova ◽  
◽  
Viktor Zaitsev ◽  

Introduction: the institute of remission has only received significant development since 2016 with the adoption of the arbitration reform and the introduction of appropriate changes concerning remission. To date, the legal framework for the procedure for the return of the state court in case of finding serious shortcomings of the arbitration decision has not been fully formed. The purpose of the study: to analyze the remission in the arbitration court after the state court has returned the arbitration decision to correct significant shortcomings. Relevance: the importance and relevance of the work are since the regulations of Russian arbitration institutions do not have provisions on remission. The regulations of foreign arbitration institutions only contain a reference to remission, but do not disclose in detail the conduct of this procedure. At the same time, the institute of remission plays a significant role in arbitration proceedings. The number of applications to this procedure in foreign countries, as well as the beginning of its development in Russia, emphasizes the need and relevance of the study. Methods: in the paper, the research methodology includes the general scientific methods of cognition, specific scientific methods, and special legal methods, the comparative method of analyzing the rules of arbitration institutions is used, and the systematic method is used to determine the formation of the former composition of the arbitration or the new one. Results: the rules of the relevant arbitration institution should be considered as the applicable rules for remission. As a general rule, remitted issues are considered by the same panel of arbitrators that previously made the relevant award. The validity of the arbitrators’ mandate depends on the relationship between the remitted issues and the arbitration decision. The arbitration refusal of remission must be justified. Based on the results of remission, a new decision or an additional one may be made. Conclusions: the institution of remission is important, as it allows you to effectively and quickly correct significant shortcomings while avoiding the cancellation of the arbitration decision, and preserve the partnership of the parties. Based on the analysis and the conclusions drawn, the authors’ own rules are formulated, which can be included in the rules of arbitration institutions.


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