scholarly journals An outlook on current legal status of the employees as the representatives of public authorities.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-12
Author(s):  
Revista Dixi ◽  
Irina V. Aristova ◽  
Nelli Yu. Tsybulnyk ◽  
Viktoriia V. Horbonos ◽  
Serhii M. Melnyk

The purpose of this article is to determine the features of the legal status of employees as representatives of public authorities, taking into account domestic and foreign experience. The main elements of the legal status of employees as representatives of public authorities in Ukraine are considered. It is noted that, as subjects of state power, employees are obliged to have a transparent, clear and unambiguous status in society. Among other things, they must comply in their direct activities with all the necessary norms and principles of domestic and international law, because the professional quality of their work will always be seen as a kind of external face of society. Attention is also focused on the fact that the efficiency of employees is directly related to the level of their self-organization, as well as a number of internal factors. In addition, it emphasizes the importance of civil servants, as well as persons working in public institutions and agencies of proper protection of the rights, freedoms and legitimate interests of men and citizens. Such a requirement for employees follows from the norms and principles of both domestic legislation (including the Basic Law of Ukraine and the Constitution of Ukraine) and international legal acts and declarations signed and ratified by Ukraine. Author’s definitions of “legal status”, “civil servant” as well as “public authority” are offered. Examples of successful experience of some developed, mostly Western, countries in building such conditions for the daily functioning of the state system and society as a whole, which managed to create a proper legal status of civil servants as public authorities, which would meet all important requirements today.

2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.


2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.


Introduction. Public authorities, officials, civil servants in carrying out administrative activities, in some cases may violate the principle of legality of public administration, carry out erroneous administrative actions, adopt unreasonable and illegal administrative acts. These negative results of executive and administrative activities of officials violate the rights and freedoms of man and citizen, the legitimate interests of public organizations and legal entities. Such phenomena are called "administrative error". The purpose of the article is to develop theoretical and legal bases of administrative error in the activities of public authorities. Research methods. During the analysis of the essence and content of the administrative error, general scientific methods were used, which are based on the method of dialectics, and especially scientific methods of legal knowledge (formal-logical, system-structural). Summary of the main results. The article is devoted to the analysis and research of the concept of administrative error in various legal spheres. The question of studying the causes and consequences of such errors is relevant today, as Ukraine is still reforming the administrative system and changes in the system of public authorities and public administration. These processes, under the influence of administrative reform, have shown not only declarative intentions to transform these relations towards democratic ones, but also a real desire to change the system of public administration to European standards. Therefore, the process of development of public administration was one of the defining components of the overall vector to a democratic, social and legal state. During the exercise of powers by public authorities, officials and civil servants, the action or inaction of governmental subjects of administrative law may be allowed, which leads to violation of human and civil rights and freedoms, legitimate interests of public organizations and legal entities. The consequences of their actions, which lead to administrative errors, are particularly severe, as they violate key principles of public administration, legal rights and individual freedoms, and diminish the authority of public authorities. An imperfect system of mechanisms for the occurrence, detection and prevention of administrative errors is a significant barrier to ensuring a modern system of good governance. Because administrative errors of public authorities are a serious political and socio-legal problem of assumptions, which demonstrate the legal insecurity of man and citizen. Conclusions. Creating an effective mechanism for detecting, preventing and correcting administrative errors could be crucial to reforming the system of public administration in line with modern European values.


Author(s):  
Сергей Евгеньевич Илюхин

Вовлечение администрацией исправительного учреждения в трудовую деятельность осужденных способствует привитию им желания трудиться, получению ими профессии, повышению квалификации, что имеет колоссальное значение для подготовки их к жизни уже после отбытия наказания. Уровень трудовой занятости осужденных оказывает непосредственное влияние на морально-психологическую атмосферу в исправительных учреждениях, а также профилактику преступлений и правонарушений в связи с занятостью осужденных. В исправительных учреждениях образованы структурные подразделения, такие как центры трудовой адаптации осужденных (далее - ЦТАО) или учебно-производственные (трудовые) мастерские. Производственная деятельность на территориях исправительных учреждений обладает определенной спецификой. На сегодняшний день многие предприятия и организации проявляют желание взаимодействовать с учреждениями уголовно-исполнительной системы в сфере организации труда и производства каких-либо товаров, однако эти объемы пока не велики, если сравнивать с аналогичной работой, проводимой в европейских странах. Автором отмечается, что одной из причин этого является низкое качество выпускаемой продукции. Чтобы достичь более высоких результатов, необходимо заинтересовать осужденных путем выполнения сотрудниками законных интересов трудоустроенных осужденных в ЦТАО (предоставления отпуска, оплаты труда и т. д.). Следует отметить, что при функционировании ЦТАО имеется множество проблем, затрагивающих в том числе и правовое положение осужденных. В данной статье предложены меры по улучшению функционирования центров трудовой адаптации в исправительных учреждениях и вовлечению осужденных в деятельность данных центров. The involvement of convicts in the work by the correctional institution administration helps to stimulate their desire to work, to get a profession, to improve their skills, which is of great importance for preparing them for life after serving their sentence. The level of convicts’ employment directly affects the moral and psychological atmosphere in correctional institutions, as well as the prevention of crimes and offenses in connection with the employment of convicts. In correctional institutions, structural divisions are formed, such as centers for labor adaptation of convicts (hereinafter referred to as CLAC) or training and production (labor) workshops. Production activities on the territories of correctional institutions have certain specifics. Today, many enterprises and organizations are willing to cooperate with institutions of the penal system in the field of labor organization and production of any goods, but these volumes are not yet large, when compared with similar work carried out in European countries. The author notes that one of the reasons for this is the low quality of products and in order to achieve better results, it is necessary to interest convicts by fulfilling the legitimate interests of employed convicts in the Central administrative CLAC (granting leave, payment of labor, etc.). It should be noted that there are many problems in the functioning of the Central administrative CLAC, including those affecting the legal status of convicts. This article suggests measures to improve the work of labor adaptation centers in correctional institutions and the involvement of convicts in the activities of these centers.


2021 ◽  
Vol 228 (5) ◽  
pp. 65-70
Author(s):  
SERGEI V. LEGOSTAEV ◽  

Abstract. The article considers the issues of certain prosecutor’s powers in exercising supervision over the execution of sentences in the form of imprisonment, the significance of their implementation in the context of reforming the penal system of the Russian Federation. The article is devoted to the official statistics, domestic legislation and scientific literature on the topic of the work. The purpose of the study is to reveal the state of legality in this area, to substantiate the influence of the supervisory activities of prosecutors on the implementation of tasks facing the correctional institutions. The methodological basis of the research was formed by the statistical method, the systemstructural and formal-logical analysis. As a result of the work carried out, the powers of the prosecutor, their features and methods of exercising were studied. The influence of external and internal factors on the content of this activity of prosecutors is analyzed, importance attention is paid to the need to take into account judicial practice when forming the work areas. The of interdepartmental interaction for improving the quality of supervision and the effectiveness of the institutions’ activities, as well as the positive impact of joint decisions on ensuring the rights of convicts is substantiated. Conclusions are made on the relevance of issues of ensuring the personal safety of this category of persons, the application of penalties and incentives to them, on the differentiation of prosecutorial response measures. Key words: prosecutorial supervision, the penal system, correctional institutions, the powers of the prosecutor, acts of the prosecutor's response.


2017 ◽  
Vol 16 (3) ◽  
pp. 405-423 ◽  
Author(s):  
Gabrielė Čepeliauskaitė ◽  
Rūta Petrauskienė

Trust in civil service is considered as the main condition for progress and prosperity in every country. The article analyzes civil service, which has a special legal status and the main responsibility for public administration in Lithuania. According to theoretical insights, trust in civil service can be defined as institutional level trust of civil servants, who have a legal status and implements public administration; it is formed on the use of public/administrative services or non-use basis and is characterized by low (civil servant vs. user) mutual knowledge, dependence and continuity. The main factors, which affects trust in civil service is honesty, interest, openness, justice, obligations and competence. The answers of EUPAN country experts showed that the main factors determining trust in civil service in European countries (Latvia, Estonia, Poland, Sweden, Finland, Croatia and the European Commission) is the image of civil service, the future prospects for cooperation, the pursuance of Code of Ethics, honesty, economic and social environment variability, suitability of civil servants to hold public office, quality of services, efficiency and dissemination of information. The factors found in the answers in the first part of the study were checked statistically with the public survey data in the case of Lithuania. The correlational analysis revealed that in Lithuania statistically significant correlations between trust other variables are observed in case of the image of civil service, economic situation of the country, suitability of civil servants to hold public office, the quality of services, integrity and dissemination of information. Meanwhile statistically insignificant factors were found to be cooperation and the pursuance of Code of Ethics, the country's social situation and contacting a public servant.DOI: http://dx.doi.org/10.5755/j01.ppaa.16.3.19339


Author(s):  
Oleh Kyrychenko ◽  
Hanna Davlyetova

The article examines the constitutional practice of normative regulation of the right to appeal to public authorities and local governments, enshrined in Art. 40 of the Constitution of Ukraine and in similar norms of the constitutions of European states. The necessity of stating the specified norm in the new edition is substantiated. The right to appeal to public authorities and local governments, their officials and officials occupies a special place in the human rights system and is one of the most important organizational and legal forms of public participation in the socio-political life of the country and providing citizens of Ukraine with opportunities to defend their rights. legitimate interests, restoring them in case of violation. The study of the essence of this right gives grounds to state that the appeal by its nature has a dual meaning: first, it is one of the means of protecting human rights and legitimate interests violated by the actions or inaction of public authorities and local governments; secondly, the appeal is a signal of shortcomings in the work of public authorities and local governments. From the content of Art. 40 of the Constitution of Ukraine, it follows that both citizens of Ukraine and persons who are not citizens of Ukraine, but are legally on the territory of Ukraine, and who are marked in the text by the term "all" have constitutional legal personality. By the way, the term "all" is used only in Art. 40 of the Constitution of Ukraine, and therefore it is not clear whether it belongs to the category of subjects of "all people", as enshrined in Art. 21, or to the category of subjects of "all citizens". At the same time, in similar norms of the constitutions of European states, various impersonal terms are used to denote the subject of this right - "everyone", "citizens", "every citizen", "all citizens" and "every person". In connection with the above and in order to unify legal terminology, we believe that in Art. 40 of the Constitution of Ukraine, it would be more appropriate to use, instead of the term «all», the term «eve-ryone», which, in our opinion, covers all categories of subjects of the right to appeal regardless of their legal status and is more in line with European experience in constitutional regulation of the studied law. It should be emphasized that the necessary guarantee of realization of the investigated right is the duty of obligated subjects, ie public authorities, local governments and their officials and officials, to timely and objectively consider the appeal and provide a reasoned response to the merits of the appeal. the term established by the law. A similar provision is enshrined in the constitutions of Azerbaijan, Albania, Belarus, Armenia, Greece, Liechtenstein, Macedonia, Poland, Serbia, Turkey, Croatia, and Montenegro. In this regard, we propose a phrase that is enshrined in Art. 40 of the Constitution of Ukraine: "are obliged to consider the appeal and give a reasoned response within the period prescribed by law" to state in an updated version. In addition, we believe that this article should specify the obligation of these bodies and their officials and officials to take the necessary measures to exercise this right, which will give the subjects of appeal grounds to appeal, including in court , actions or inaction of officials and officials of state bodies and local governments. Therefore, in view of the above and taking into account the European experience in regulating the constitutional right to appeal, we propose Art. 40 of the Constitution of Ukraine to state in new edition: "Everyone has the right to submit individual or collective appeals or to personally address state authorities, local governments and their officials and officials, who are obliged to take the necessary measures and provide a reasoned written response within the period prescribed by law."


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Вениамин Чиркин ◽  
Vyeniamin CHirkin

On the basis of a positive and contrasting comparison, as well as content analysis of new constitutions and fundamental amendments to them the changes in their content, which occur as a result of the modernization, integration and globalization are considered. Modernization and economic (in fact, the economic and political) integration of states leads to the creation of a new form of supranational public legal formation with a different quality of public authorities and supranational law (the most prominent example is the European Union), as globalization leads to the spread of the general regulations of constitutional development in new countries and peoples. The processes of internationalization of the constitutions, the new phenomenon of constitutional convergence, harmonization and antagonisms on a world scale are appeared. Constitutional globalization is seen as the most general direction of development of the constitutional law of the world countries. Modernization and economic integration of states often involves the adoption of the principal amendments to the Constitution, “the Basic Law”, or even the whole constitution in the Muslim fundamentalism countries, where such a document as the Constitution, previously was considered unacceptable and was replaced by the Quran and Sunnah. In the countries of totalitarian socialism the processes of convergence has occurred (on the aspects of regulation of economic relations), but there is no harmonization, there are antagonisms with the constitutional decision of the basic questions of social and political system. In the states — members of the European Union the traditional position of the State Sovereignty is revised, new views on the national and supranational authorities are appeared. The mutual influence of international, supranational (so far only in the EU) and constitutional law takes place.


Author(s):  
Anna Kutsevych

Professionalism and competence of the staff of public authorities is one of the most important tasks of our country in the way of development and strengthening of the personnel policy of the civil service of Ukraine. In this article, we set out how to interpret the concept of "liberation" in the scientific literature of our country. It is analyzed what specificity is inherent in this concept in the context of civil servants and how the dismissal of civil servants differs from the dismissal of other categories of employees. It is concluded that the civil service legislation defines special, in relation to the general procedure, grounds for dismissal of civil servants, which is the main criterion for the selection within the mechanism of dismissal of civil servants a number of mechanisms for dismissal of civil servants for each of them. It has been established that the mechanism for dismissal of civil servants is an interconnected concerted procedural action of the civil servant and civil servant aimed at repaying the duties of the civil servant and civil servant to one another. Elements of the mechanism for dismissal of civil servants are a set of mechanisms for each individual ground of dismissal of a civil servant, each of which forms a specific set of tools. It is summed, that general concept of the mechanism of dismissal of civil servants should be reduced to a set of legal remedies, which envisage the interconnected concerted procedural actions of the head of civil service and civil servant, aimed at repaying the duties of the head of civil service and civil servant to each other and legal registration of termination of labor legal relations employee on the grounds stipulated by the current legislation on civil service, including the occurrence of circumstances that cause termination of civil serv the issuance of an order or order by the head of the civil service to terminate the civil service, to issue a properly completed employment record and to make a final settlement, which results in a change in the social and legal status of the parties to the civil service relations with respect to each other.


2017 ◽  
Vol 24 (1) ◽  
pp. 87-106
Author(s):  
Wiharyanto Wiharyanto

The study aims to analyze about the low graduation and certification exam training participants of the procurement of goods / services of the government and its contributing factors, and formulate a strategy of education and training and skills certification exams procurement of goods / services of the government. Collecting data using the method of study documentation, interviews, and questionnaires. Is the official source of information on the structural and functional Regional Employment Board, as well as the participants of the training and skills certification exams procurement of goods / services of the government in Magelang regency government environment. Analysis using 4 quadrant SWOT analysis, to determine the issue or strategic factors in improving the quality of education and training and skills certification exams procurement of government goods / services within the Government of Magelang regency. The results show organizer position is in quadrant I, which is supporting the growth strategy, with 3 alternative formulation strategies that improve the quality of education and training and skills certification exams procurement of government goods / services, and conducts certification examination of the procurement of government goods / services with computer assisted test system (CAT). Based on the research recommendations formulated advice to the organizing committee, namely: of prospective participants of the training and skills certification exams procurement of goods / services the government should consider the motivation of civil servants, is examinees who have attended training in the same period of the year, the need for simulation procurement of goods / services significantly, an additional allocation of training time, giving sanction to civil servants who have not passed the exam, the provision of adequate classroom space with the number of participants of each class are proportional, as well as explore the evaluation of education and training and skills certification exams procurement of goods / services for Government of participants.


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