scholarly journals The Subject of Disciplinary Jurisdiction in Work Relations: Concentrated and Distributive Systems of Disciplinary Power

2020 ◽  
Vol 12 ◽  
pp. 11-17
Author(s):  
Mikhail V. Presnyakov ◽  
◽  
Sergey E Channov ◽  

The article analyzes the distribution of powers to exercise disciplinary power in the public service between various subjects of disciplinary jurisdiction. The authors conclude that there are two approaches – concentrated and distributed systems of disciplinary power. At the same time, they identify the problems of using the first of these systems in quite large and numerous state bodies. In this regard, they formulate proposals for delineating the powers to impose specific disciplinary penalties on different types of public service, depending on the severity of the offense committed between different subjects of disciplinary jurisdiction.

2013 ◽  
Vol 79 (1) ◽  
pp. 71-90 ◽  
Author(s):  
Christian de Visscher ◽  
Heidi Houlberg Salomonsen

While special advisers play an important role in most Western governments, the research on the subject is limited. This article aims to explain variations in the ménage à trois relationships between ministers, senior civil servants and special advisers in two different politico-administrative systems. The theoretical starting point is to conceptualize and explain such trilateral relationships as multiple Public Service Bargains. We find that the differences in Public Service Bargains generate differences in these ménages à trois relationships, resulting in different types of functional differentiation as well as differences in the degree of cooperation vis-à-vis conflict. These differences are primarily the result of differences in the interests as well as formal, institutional rules and the competencies of the actors involved. The empirical data include documents as well as interviews with and questionnaires completed by senior civil servants. The countries compared are Belgium and Denmark. Points for practitioners Our study confirms that it is important for a ‘ménage à trois’ (ministers, special advisers, SCSs) ‘… to spell out the terms of the bargain applying to political advisers (…)’ ( Hood and Lodge, 2006 : 128) in order to regulate the relationship between special advisers and SCSs and avoid potential conflicts among them. In addition, the study shows that the number of political appointments plays a role in the relationship. Finally, the study shows that clear differences in the competencies brought to the bargain by the two types of agent may ensure cooperation and mutual respect, whereas an overlapping of competencies may cause rivalry.


1878 ◽  
Vol 23 (104) ◽  
pp. 611-612

On Friday, 2nd November, a deputation of asylum superintendents, members of district boards, and managers of Royal Asylums, waited on the Lord Advocate at his chambers, Edinburgh, with the view of bringing under the notice of his Lordship an omission in the Scotch lunacy law, there being no provisions at present for granting pensions to old and deserving officers in the Scotch district and parochial asylums, as in England and Ireland. The deputation consisted of Professor Balfour, Professor Maclagan, Dr. Fraser, ex-Bailie Miller, Mr. D. Scott Moncrieff, W.S., Mr. Cowan, of Beeslack, Dr. Cameron, Lochgilphead; Dr. Jamieson, Aberdeen; Dr. Anderson, Rosewell; Dr. Grierson, Melrose; Dr. Wallace, Greenock; Dr. Makintosh, Murthly; Dr. Rutherford, Lenzie; Dr. Ireland, Larbert; Dr. Clouston, Morningside; Dr. Rorie, Dundee; Dr. Howden, Montrose, &c. The deputation were introduced by Professor Maclagan, who strongly supported the views of the deputation. Dr. Mackintosh, addressing his Lordship, said—The reasons which have caused the medical and other officers of the public asylums of Scotland to come before you are, I think, fairly set forth in the petition which was placed in your Lordship's hands some months ago. I need not, therefore, refer to them in detail, but would only draw your attention to the anomalous (and at the same time, disadvantageous) conditions in which such officials are placed when contrasted with their brethren in England and Ireland. Most of us had hoped that the matter would, ere this, have been taken up by the General Board of Lunacy for Scotland, but the Board (who received a deputation last February in the most courteous manner) has no intention of moving in this or any other legislation at present. Moreover, the Commissioners thought that the best course was that now adopted—via., to bring the subject before you ourselves. The service which we have the honour to represent is as much a public service as the army and navy, or as the civil and parochial services, and perhaps it is not exceeded by any of them in the increasing attention which is necessary, or by the harassing nature of the duties. It therefore seems the more reasonable (besides being a simple act of justice) to place the service on a footing in regard to superannuation allowances similar to that occupied by the public asylums of England and Ireland. In urging upon your Lordship the great need for as speedy a solution of the question as possible, we do so in the knowledge that several special amendments of a similar nature have been made. Moreover, we are satisfied that the insertion of such a clause as that indicated in the petition as an amendment into the Act, will be an important day in the history of such institutions, both as regards the efficiency and stability of the staff, and the comfort of the inmates. Mr. Cowan, of Beeslack, as a member of a district lunacy board, also urged the injustice and impolicy of the present law. The Lord Advocate said that he would give the subject his most favourable consideration. It seemed a very proper matter to have been brought before him, the only question being when he could get an opportunity of introducing a clause to remedy the present defect.


Author(s):  
М.М. Владимирова ◽  
Ф.Г. Мухаметзянова ◽  
А.Ш. Яруллина

В статье рассматриваются вопросы, связанные с педагогическими основами подготовки кадров для гражданской службы на примере Республики Татарстан (РТ) в контексте их профессионального становления и развития. Тенденции развития современного российского общества, как глобализация и цифровизация, повышают требования не только к интенсивности работы государственных служащих, но и развитию их как субъектов профессиональной деятельности. Ведущая идея статьи заключается в том, педагогическими основами профессионального развития молодых госслужащих является не только система основного и дополнительного образования, но и институт наставничества, что актуализирует вопросы субъектно-ориентированного подхода и развитие госслужащих как субъектов профессиональной деятельности через различные системы их подготовки и переподготовки. В этой системе подготовки и переподготовки госслужащих особое внимание уделяется институту наставничества на основе теоретического анализа изучаемой проблемы и результатов пилотного исследования. The article examines issues related to the pedagogical foundations of training personnel for the civil service on the example of the Republic of Tatarstan (RT) in the context of their professional formation and development. The development trends of modern Russian society, such as globalization and digitalization, increase the requirements for not only the intensity of the work of civil servants, but also their development as subjects of professional activity. The leading idea of the article is that the pedagogical foundations of the professional development of young civil servants are not only the system of basic and additional education, but also the institute of mentoring, which actualizes the issues of the subject-oriented approach and the development of civil servants as subjects of professional activity through various systems of their training and retraining. In this system of training and retraining of civil servants, special attention is paid to the institution of mentoring on the basis of a theoretical analysis of the problem under study and the results of a pilot study.


2020 ◽  
pp. 8-14
Author(s):  
S. V. Pryima

In the article was investigated the principle of expediency of law interpretation. It is noted that the term “expediency” is close in meaning to the terms “optimality”, “rationality”, “efficiency”. Due to this the principle of expediency is seen in a general way as the principle which requires that the subject should achieve a useful, positive result with applying the optimal set of methods. It is established that the principle of expediency is realized in different branches and institutions of law. Particularly, in the civil procedural law such judicial procedures are based on this principle as examination, storage and provision of evidence, the appointment and realization of expertise, the association and dissociation of claims. It is also noted that the principle of expediency is important in punishing a person, in other words, it is the basis of legal responsibility. In this sphere, it consists in the individualization of punitive measures or punishment depending on the gravity of the offense, taking into account the offender's personality, his welfare and the circumstances of the action. The principle of expediency also means that the chosen measure is relevant to the purposes of responsibility. It is noted that the principle of expediency makes the requirements for conducting different types of legal activity – law-making, law-enforcement, and therefore, it is one of the main principles of law interpretative activity. It is emphasized that the basic idea of this principle is that the act should not be interpreted in the sense which makes it aimless, so, the act cannot be interpreted beyond the purpose for which it was adopted. In the article is also argued that a particular method of setting of a goal of a legal norm is a teleological (purposeful) mean of interpretation. The requirements of the principle of expediency include the aspiration of the public interest and the obligation to apply the verification of interpretative conclusions. The principle of expediency of law interpretation is defined as the interpretative principle, the essence of which is the aspiration of the subject of interpretation to achieve the goal, to obtain a useful, positive result from their activities by using the optimal set of methods for this purpose.


1878 ◽  
Vol 23 (104) ◽  
pp. 611-612

On Friday, 2nd November, a deputation of asylum superintendents, members of district boards, and managers of Royal Asylums, waited on the Lord Advocate at his chambers, Edinburgh, with the view of bringing under the notice of his Lordship an omission in the Scotch lunacy law, there being no provisions at present for granting pensions to old and deserving officers in the Scotch district and parochial asylums, as in England and Ireland. The deputation consisted of Professor Balfour, Professor Maclagan, Dr. Fraser, ex-Bailie Miller, Mr. D. Scott Moncrieff, W.S., Mr. Cowan, of Beeslack, Dr. Cameron, Lochgilphead; Dr. Jamieson, Aberdeen; Dr. Anderson, Rosewell; Dr. Grierson, Melrose; Dr. Wallace, Greenock; Dr. Makintosh, Murthly; Dr. Rutherford, Lenzie; Dr. Ireland, Larbert; Dr. Clouston, Morningside; Dr. Rorie, Dundee; Dr. Howden, Montrose, &c. The deputation were introduced by Professor Maclagan, who strongly supported the views of the deputation. Dr. Mackintosh, addressing his Lordship, said—The reasons which have caused the medical and other officers of the public asylums of Scotland to come before you are, I think, fairly set forth in the petition which was placed in your Lordship's hands some months ago. I need not, therefore, refer to them in detail, but would only draw your attention to the anomalous (and at the same time, disadvantageous) conditions in which such officials are placed when contrasted with their brethren in England and Ireland. Most of us had hoped that the matter would, ere this, have been taken up by the General Board of Lunacy for Scotland, but the Board (who received a deputation last February in the most courteous manner) has no intention of moving in this or any other legislation at present. Moreover, the Commissioners thought that the best course was that now adopted—via., to bring the subject before you ourselves. The service which we have the honour to represent is as much a public service as the army and navy, or as the civil and parochial services, and perhaps it is not exceeded by any of them in the increasing attention which is necessary, or by the harassing nature of the duties. It therefore seems the more reasonable (besides being a simple act of justice) to place the service on a footing in regard to superannuation allowances similar to that occupied by the public asylums of England and Ireland. In urging upon your Lordship the great need for as speedy a solution of the question as possible, we do so in the knowledge that several special amendments of a similar nature have been made. Moreover, we are satisfied that the insertion of such a clause as that indicated in the petition as an amendment into the Act, will be an important day in the history of such institutions, both as regards the efficiency and stability of the staff, and the comfort of the inmates. Mr. Cowan, of Beeslack, as a member of a district lunacy board, also urged the injustice and impolicy of the present law. The Lord Advocate said that he would give the subject his most favourable consideration. It seemed a very proper matter to have been brought before him, the only question being when he could get an opportunity of introducing a clause to remedy the present defect.


2017 ◽  
Author(s):  
Jason W. Dean

The purpose of this paper is to describe the reasoning, methodology, and impact behind a semi-automated cataloging process for electronic theses and dissertations, including explanations of the importance of retention and addition of cataloger created metadata. The authors explain an automated process that is generated by ProQuest and student entered data, and also the addition of metadata including the subject headings, classification number, etc. The study includes a survey of the public service librarians’ perceived usefulness of the cataloger and ProQuest generated metadata to describe theses and dissertations.


2018 ◽  
Vol 15 (3) ◽  
pp. 396-417
Author(s):  
Joseph Oldham

The Cambridge spy ring has been the subject of many dramatic representations on British television. While prior scholarship has largely focused on plays by Dennis Potter and Alan Bennett depicting the later lives of such figures, this article examines an alternative tradition: representations which re-enact events at the height of their careers in the early Cold War. I focus on two productions which centre specifically on events surrounding the 1951 defection of Guy Burgess and Donald Maclean, but from hugely contrasting perspectives. Firstly, Philby, Burgess and Maclean (ITV, 1977) by Ian Curteis covers a ten-year period from the 1945 ‘Volkov Incident’ to Kim Philby's exoneration in 1955. This production closely adheres to broadly accepted accounts of the case as known in the late 1970s, and I examine this is as a product of the public service-oriented drama-documentary culture of Granada Television. I then contrast this with the revised narrative presented in Robin Chapman's Blunt (BBC, 1987). Not only does this incorporate the newly revealed ‘fourth man’, Anthony Blunt, but it also offers a more humanised portrayal of Burgess and centres much of its drama on the marginal but implicated figure of Goronwy Rees. I explore how, in contrast to Curteis, Chapman takes greater artistic licence in examining the spies' personal lives, which resulted in a wave of controversy. I argue that this portrayal can be situated within a broader revisionist school of 1980s representation which mobilised these icons of an earlier generation's ideals in order to critique new political developments.


1993 ◽  
Vol 22 (2) ◽  
pp. 313-321
Author(s):  
Robert Gatto

The subject, a source of long standing debate among theoreticians and practitioners in public administration, is revisited in an interesting and challenging way. In the face of a changing decentralized government role in many parts of the world, the author presents a modified classical position that proposes to deal with the impact of this on the public service. Canada and the Canadian public service are attempting to re-establish their roles in this new milieu. The author argues for a new role for public administration by drawing from an historical development of the field and introducing new arguments to support changing needs.


Journalism ◽  
2019 ◽  
Vol 21 (11) ◽  
pp. 1798-1815 ◽  
Author(s):  
María Lamuedra Graván ◽  
Concha Mateos ◽  
Manuel A Broullón-Lozano

This article explores the relevance of voice, recognition and consent as central attributes of the subject of participatory journalism. On the understanding that in democracy the design of political and social organisation ought to favour a process that develops the public voice of citizens, it explores the role that journalism, above all the public service kind, plays in meeting this objective. From this perspective, an analysis is performed on the discourses of the viewers of the newscasts of the Spanish public TV channel TVE, with a view to determining to what extent public recognition is based on the following three elements: (1) the recognition of citizens as such, (2) their capacity to give or withhold their consent and (3) to develop a voice capable of vindicating participation. The discussion and results aim to contribute to the debate on the ‘critical juncture’ of media history, at which the information ecosystem is undergoing far-reaching changes.


Lex Russica ◽  
2021 ◽  
pp. 21-31
Author(s):  
E. L. Leshchina

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.


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