scholarly journals Some aspects of improving the legal regulation of civil service in Ukraine

2021 ◽  
pp. 106-112
Author(s):  
T. Seniuk
Keyword(s):  
Performance Appraisal ◽  
Civil Service ◽  
Legal Regulation ◽  
Private Life ◽  
Civil Servants ◽  
Individual Approach ◽  
Polygraph Testing ◽  
The Law ◽  
The Republic

The article studies some aspects of improving the legal regulation of civil service in Ukraine. Domestic norms that provide for the application of restrictions on civil servants in accordance with the Law of Ukraine “On Purification of Government” were analyzed. Moreover, it was found that such restrictions violate a person’s right to respect for private life. The procedure for assessing the performance of civil servants was studied. It was substantiated that the application of dismissal of civil servants as a result of receiving a negative assessment after the performance appraisal does not meet the principles of individuality, objectivity and proportionality when deciding on dismissal and general norms concerning disciplinary liability of civil servants provided by the Law of Ukraine “About civil service”. The experience of legal regulation of civil service in Poland, Moldova and Germany was analyzed. It was determined that the improvement of domestic legal regulation of civil service in some part may occur through the borrowing of those peculiarities of civil service, which are found in the legislation of the abovementioned countries. For example, the experience of the Republic of Poland is useful for borrowing in terms of improving the performance appraisal of civil servants. Moldova’s experience shows the successful use of polygraph testing of civil servants. The German experience is useful for Ukraine in terms of training and retraining of civil servants. Proposals were presented to improve the legislation on the civil service, namely the application of reprimands, rather than dismissal due to a negative assessment of the results of the civil servant’s performance appraisal. It is suggested to amend the lustration legislation, which would provide for an individual approach to a person who will be lustrated if his guilt in making decisions, committing acts that contributed to the undemocratic regime of Viktor Yanukovych is proved.

scholarly journals The current state of legal regulation of the release of civil servants: positive and negative aspects

Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich
Keyword(s):  
Final Stage ◽  
Civil Service ◽  
Labor Relations ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Current State ◽  
Labor Legislation ◽  
The Law

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE CHANGE OF LABOR LEGISLATION OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
Author(s):  
T. Lysytsʹka
Keyword(s):  
Civil Service ◽  
Labor Relations ◽  
Legal Regulation ◽  
Civil Servants ◽  
Public Servants ◽  
National Legislation ◽  
Labor Legislation ◽  
Job Transfer ◽  
The Law ◽  
Definition Of

The article is devoted to the study of the problems of legal regulation of changes in labor relations of public servants. The norms of the national legislation, which fix the rules, transfer to another job, transfer to another workplace and changes in essential wor king conditions are analyzed. Provides suggestions and recommendations for improving national legislation, which provides rules for changing labor relations of public servants. Attention is drawn to the fact that the Labor Code does not stipulate the definition of terms: "change of employment relationship", "transfer to another job", "transfer to another workplace", "change of essential working conditions". The definition of the term "transfer to another job" is given in the Resolution of the Plenum of the Supreme Court of Ukraine "On the practice of consideration of labor disputes by courts" of 06.11.1992, No. 9, and the issue of changes in the labor relations of civil servants comprehensively regulates the Law of Ukraine "On Civil Service" of 10 December 2015 No. 889-VIII. Finds its justification that the rules of Art. 40 of the Law of Ukraine “On Civil Service” concerning the promotion of a civil servant should be removed from it and added to Art. 41 of this Law. The Code of Labor Laws of Ukraine, which provides approaches to defining the category of "change of essential conditions of work", which is related to the category of "change of essential conditions of public service", is given. It is proposed to take as a basis the norms of the Labor Code of Ukraine and to amend the current legislation when developing normative legal acts that regulate the labor relations of certain categories of workers.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Structuring the civil service in the context of intergenerational transformation

2020 ◽  
pp. 23-35
Author(s):  
Nurgissa KUSHEROV
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Civil Servants ◽  
Self Determination ◽  
Staff Turnover ◽  
New Approach ◽  
The Past ◽  
The Republic

The article highlights the problems of deep intergenerational transformation in the civil service of the Republic of Kazakhstan over the past decade, offers a new approach to public administration in accordance with the theory of generations, formulating solutions based on the value of each generation. At the same time, frequent staff turnover, self-determination of civil servants, efficiency of civil service and other issues are analyzed in accordance with the concepts of the theory of generations. The article developed empirical recommendations that will serve as the basis for improving some functions of the civil service.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

TERMINATION OF CIVIL SERVICE

2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  
Keyword(s):  
Key Words ◽  
Public Administration ◽  
Civil Service ◽  
Civil Servant ◽  
Civil Servants ◽  
Legal Basis ◽  
The Law

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions

Evolution of public administration in the post-Soviet countries. The Republic of Kazakhstan

2021 ◽  
Vol 23 (1) ◽  
pp. 89-118
Author(s):  
YERLAN ABIL ◽  
◽  
AIGUL KOSHERBAYEVA ◽  
MARIAN ABISHEVA ◽  
AIDANA ALDIYAROVA ◽  
...  
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Training System ◽  
The State ◽  
Civil Servants ◽  
Main Element ◽  
Personnel Training ◽  
Service Personnel ◽  
Political Transformations ◽  
The Republic

The article examines and analyzes the process of the formation and development of the public administration system in the Republic of Kazakhstan. Attention is paid to the period after Kazakhstan declared its independence and the Republic’s secession from the USSR in 1991. The article provides a detailed analysis of the three stages of administrative reform aimed at the formation of a modern system of public administration in Kazakhstan; the work also contains a detailed description of the regulatory documents adopted at each stage. The system of training and education of civil servants in the Republic of Kazakhstan is described in detail; the main element is universities, which are the foundation in the system of training civil servants. The system of civil service and civil service personnel training is shown in the context of the socio-economic and political transformations of the Republic, its fundamental legislative acts and regulations, decisions of the country’s authorities, strategies, and state programs. The authors emphasize the close interconnection between the civil service and civil service personnel training system with the state policy of the Republic of Kazakhstan as an integral and most important part of the state. At the beginning of the article, there is a comparative analysis of the socio-economic development of Kazakhstan, based on information from the official international indices of economic and social development.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Theoretical-legal analysis of the provisions of encouragement of civil servants

2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi
Keyword(s):  
Civil Service ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Legal Analysis ◽  
Professional Activities ◽  
Public Recognition ◽  
Definition Of ◽  
Correct Understanding ◽  
State Body

One of the main factors for ensuring effective and honest work of civil servants is the formation of proper motivation and remuneration for the performance of tasks. Officials, along with other employees, strive public recognition of the results of their work. Encouragement of civil servants promotes the development of initiative, responsibility, confidence in their actions, a conscious attitude to work, mobilization to overcome difficulties and increase their credibility. Measures of material and moral support of civil servants help to realize the correct understanding of their labor obovyazkiv, helps to increase labor activity and improve the performance of the state body. The article analyzes the views of scholars on the interpretation of such a legal category as "encouragement". The provisions of the Law of Ukraine "On Civil Service" and bylaws regulating the grounds, types and procedure for applying incentives to civil servants are analyzed. It is established that the following types of incentives can be applied to civil servants: 1) announcement of gratitude; 2) awarding a diploma, a diploma, other departmental awards of a state body; 3) early assignment of the rank of civil servant; 4) presentation for awarding by government honors and awarding with a government award (congratulatory letter, thanks, diploma); 5) submission for state awards. The author proposes to expand the existing list of types of incentives for civil servants with such incentives as rewarding with a valuable gift and paying a bonus. The article also draws attention to the imperfections of the legal regulation of the procedure for applying certain types of incentives in the civil service. The author's definition of the term "encouragement of a civil servant" is proposed. It is concluded that the incentives for civil servants play an important role in enhancing their professional activities and are aimed at forming in them a conscientious attitude to work. However, some issues in this area still need significant refinement at the legislative level.

Sign in / Sign up

Export Citation Format

Share Document