scholarly journals The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions

Lex Russica ◽  
2021 ◽  
pp. 21-31
Author(s):  
E. L. Leshchina
Keyword(s):  
Public Service ◽  
Subject Matter ◽  
The Public ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Process Structure

The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a complex protective legal relationship. The author shows the erroneous identification by some researchers of labor and public service relations and approaches to their determination of the legal nature of public service disputes, including the legality of the application of disciplinary sanctions. It has been substantiated that the legal nature of public service disputes in the civil service system is primarily determined by the content of the relations that underlie their occurrence—public service legal relations—and not by the forms of their consideration, which allows the possibility of applying labor and civil procedural legislation to disputed legal relations.The author defines a public service dispute and an official conflict, describes the signs of a public service dispute on the legality of the imposition of a disciplinary sanction, qualifies the subject matter of the dispute under consideration—substantive legal requirements (disagreements) of the parties that act as an element of the connection between the substantive legal relationship between the parties to the dispute and the procedure applied for the dispute consideration. It has been substantiated that the public service dispute consideration concerning the legality of imposing a disciplinary sanction, termination of a public service contract constitutes a type of law enforcement procedural activity that has its own basis, subject matter, goals, elements, procedural forms and stages, types of decisions, which makes it possible to single out such disputes as one of the administrative proceedings included in the administrative process structure.

scholarly journals DISCUSSION ISSUES OF LEGAL DISCRETION

2020 ◽  
Vol 30 (1) ◽  
pp. 165-169
Author(s):  
N.V. Kuznetsova ◽  
L.P. Lapshina
Keyword(s):  
Legal Norms ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
Contractual Relations ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

The article presents an analysis of some issues of legal discretion. There is no unified approach either to the definition of discretion or to the legal nature of this phenomenon. There are difficulties in the evaluation of the legal discretion in acting legislature. In private law trial discretion comprises codified regulation. This phenomenon is particularly typical in contract law: the court’s assessment of the behavior of participants in contractual relations as lawful or unlawful, abuse of rights, determination of the nature of the legal norms governing contractual relations. The discretionary powers of the court in many respects make it possible to ensure uniformity in the consideration of cases of a certain category, to form judicial practice on the application of the relevant legislation. The main areas of judicial activity in this case are: making the right choice of the rule of law to be applied to qualify the relevant legal relationship, applying the analogy of law and as well as the legal position developed when resolving a certain category of cases.

scholarly journals Public Sector Collective Bargaining

2005 ◽  
Vol 41 (4) ◽  
pp. 691-703
Author(s):  
Jacob Finkelman
Keyword(s):  
Public Sector ◽  
Public Service ◽  
Labour Relations ◽  
The Public ◽  
Service Staff ◽  
Essential Services ◽  
Definition Of ◽  
The Right ◽  
Staff Relations

The author traces the origins and development of public sector negotiations in Canada. Heputs the accent on several aspects such as: the determination of bargaining units, the definition of what is negotiable, major problems encountered and ways of resolving them, the determining of essential services. In the light offorty years of experience, the author cornes to the conclusion that granting the right to strike in the public sector was a mistake. He also takes position against the merger ofthe Canadian Labour Relations Board (CLRB) and the Public Service Staff Relations Board (PSSRB).

widely regarded as established law, the subject matter and the terms of the contract must be so certain or ascertainable from the offer that acceptance can be made by a simple ‘yes’. 3. Drafting history Terms defining the offer were already present in Art. 4 ULF and in the associated drafts. In the preparatory work of UNCITRAL and in the working group, the inclusion of a provision dealing with this issue was never questioned. Initially, difficulties arose with respect to general offers to the public, but also, in particular, regarding the requirement of an express or implicit determination of the price. Whether a contract could nevertheless be concluded despite a lack of means for determining the price was highly debated in the drafting of the CISG. Although the first working group found the inclusion of the phrase ‘that a price is to be paid’ sufficient, the second sentence of Art. 12(1) New York Draft 1978 contained a provision comparable with the second sentence of Art. 14(1) CISG. At the Vienna Conference, these two positions were again at loggerheads. Whilst one group of countries made various proposals and applications all aimed at allowing an offer, and thereby a contract, without a means for expressly or implicitly determining the price, other countries wished to strictly enforce the requirement of a price that was determined or at least determinable. The latter group most notably included France, whose Cour de Cassation was regarded as particularly strict in interpreting these requirements. The result was that the current provision was included because a number of participants assumed that their national law, which did not contain such a requirement of a definite or determinable price at the time of conclusion of the contract, would apply by means of the opting-out mechanism under Art. 92(1) CISG. Art. 14(1) CISG 14-1

2007 ◽  
pp. 162-165
Keyword(s):  
New York ◽  
Subject Matter ◽  
Working Group ◽  
The Public ◽  
Opting Out ◽  
The Subject ◽  
Preparatory Work ◽  
Current Provision

scholarly journals Restrictions and boundaries in the Russian information law

2020 ◽  
pp. 11-30
Author(s):  
Gulfiia Gafiiatovna Kamalova
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Original Definition ◽  
Legal Nature ◽  
Information Law ◽  
The Subject ◽  
Definition Of ◽  
Theoretical Foundations

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

scholarly journals The Subject Matter of the Lawsuit as a Feature Individualizing the Lawsuit

Lex Russica ◽  
2021 ◽  
pp. 61-72
Author(s):  
V. N. Ivakin
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Legitimate Interest ◽  
Legal Relationship ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Substantive Law

The question concerning the concept of the subject matter of the claim, which is one of the features that individualize the claim, is one of the most disputable and unsettled in the doctrine devoted to the claim. A number of legal scholars define the subject matter of the lawsuit as the substantive law claim of the plaintiff against the defendant. However, this definition cannot be accepted as correct, since, first, petitioners bring claims that cannot meet the above requirement (for example, claims for recognizing transactions as invalid), and, second, the statements of claim filed with the court contain demand (request) for the court, rather than a claim against the defendant.According to another point of view, the subject matter of the claim should be understood as the subjective right indicated by the plaintiff and the corresponding obligation or civil legal relationship in general, about which the court must make a decision. It is also impossible to agree with the above definition of the subject matter of the lawsuit in view of the fact that, as A. A. Dobrovolsky correctly noted, the law provides that the statement of claim must indicate the plaintiff’s claim rather than the disputed legal relationship. We should also agree with the argument given by G. L. Osokina, according to which the logic and practice of the statement of claim for the defense dictate the need to include a subjective right or legitimate interest in the basis of the claim, and not in its subject matter. According to the point of view of K. S. Yudelson, the subject matter of the claim is the requirement to the court to protect the right in the form that corresponds to the stated requirement. However, since this definition is too general, it cannot be used to resolve the issue of the equivalence of claims. The definition of the subject matter of the claim as protection (V.N.Scheglov) or a method of protecting the right (G.L. Osokina) also have the similar drawback. The most correct is the definition of the subject matter of the claim as the protection of a subjective right, freedom or legitimate interest through the specific application of one of the methods provided for by law or the direct exercise of the right that the plaintiff asks the court about.

scholarly journals Provisions of Polish Law Concerning Interventions Against a Family Affected by Violence – The „Blue Cards” Procedure, its Legal Nature and Practical Problems and Related to Application

2020 ◽  
Vol 5 ◽  
pp. 35-48
Author(s):  
Michał Soćko
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Subject Matter ◽  
Family Members ◽  
Practical Application ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law ◽  
Definition Of

The subject matter of this article is the analysis of the provisions of the “Blue Cards” procedure initiated in the case of obtaining information about the use of domestic violence. The introduction presents the implementation thereof on the basis of the Act on Counteracting Domestic Violence. Next, the normative definition of domestic violence and family member and problems related to their practical application are discussed. The final sections illustrate the legal nature of the “Blue Cards” procedure, its course and legal steps that may be taken by a person suspected of using violence and family members affected thereby. Przepisy prawa polskiego dotyczące podejmowania interwencji wobec rodziny dotkniętej przemocą – procedura „Niebieskie Karty”, jej charakter prawny i praktyczne problemy związane z jej stosowaniem Przedmiotem artykułu jest analiza przepisów procedury „Niebieskie Karty”, inicjowanej w przypadku powzięcia informacji o stosowaniu przemocy w rodzinie. Na wstępie przedstawiono genezę wprowadzenia tej regulacji na grunt ustawy o przeciwdziałaniu przemocy w rodzinie. W dalszej kolejności przybliżono normatywną definicję przemocy w rodzinie i członka rodziny oraz problemy związane z ich praktycznym stosowaniem. W kolejnych częściach przedstawiono charakter prawny procedury „Niebieskie Karty”, jej przebieg oraz kroki prawne jakie może podejmować osoba podejrzana o stosowanie takiej przemocy oraz członkowie rodziny dotknięci taką przemocą.

scholarly journals THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

2019 ◽  
Vol 4 (5) ◽  
pp. 122
Author(s):  
Tatiana Kolomoets ◽  
Nataliia Halitsyna ◽  
Serhii Kushnir
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
State Policy ◽  
The State ◽  
The Public ◽  
Public Servant ◽  
The Gift ◽  
Symbolic Value ◽  
Definition Of

The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Public Service Motivation in Buffy the Vampire Slayer

Public Voices ◽  
2016 ◽  
Vol 12 (1) ◽  
pp. 67 ◽  
Author(s):  
Sharon Mastracci
Keyword(s):  
Popular Culture ◽  
Public Service ◽  
Public Service Motivation ◽  
Public Servants ◽  
Buffy The Vampire Slayer ◽  
The Public ◽  
American Popular Culture ◽  
Public Servant ◽  
Definition Of ◽  
The Individual

In this paper, the author examines public service as depicted in the television series Buffy the Vampire Slayer (BtVS). First, she shows how slaying meets the economist’s definition of a public good, using the BtVS episode “Flooded” (6.04). Second, she discusses public service motivation (PSM) to determine whether or not Buffy, a public servant, operates from a public service ethic. Relying on established measures and evidence from shooting scripts and episode transcripts, the author concludes Buffy is a public servant motivated by a public service ethic. In this way, BtVS informs scholarship on public service by broadening the concept of PSM beyond the public sector; prompting one to wonder whether it is located in a sector, an occupation, or in the individual. These conclusions allow the author to situate Buffy alongside other idealized public servants in American popular culture.

Subjective Point of View of a Student on Ways of Subject Matter Structure Creation by the Teacher

2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Subjective Perception ◽  
Cognitive Frames ◽  
Teacher Work ◽  
Approach To Teaching ◽  
The Subject ◽  
Definition Of ◽  
Level Of Understanding ◽  
Education Process

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.

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