scholarly journals LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT

2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Public Official ◽  
The European Union ◽  
Association Agreement ◽  
Legal Personality ◽  
Public Servant ◽  
The Status ◽  
The Government ◽  
Legislative Improvement

The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.

scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Legal Status ◽  
Professional Activity ◽  
Public Confidence ◽  
The European Union ◽  
Association Agreement ◽  
Public Servant ◽  
The Government ◽  
The Right

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

Legal status of the head of public service in the state body as a subject of public service legal relations

2021 ◽  
pp. 118-122
Author(s):  
O. Stets
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Power Functions ◽  
Public Servants ◽  
The Public ◽  
Administrative Functions ◽  
Public Servant ◽  
The Status ◽  
Degree Of Participation ◽  
State Body

The article is devoted to the study of the essential features of the head of the public service in a state body as a subject of public service legal relations. It is found that depending on the nature of the powers that determine the role and degree of participation of public servants in the exercise of public power functions, there will be a different range of rights and responsibilities of managers, specialists, executors. Given the great diversity of public servants, the scope of their powers affects the content of the legal status of a public servant, but not the fact of his belonging to the public service. It is established that the head of the public service in a state body has: a) the general status of a citizen of Ukraine; b) sectoral status within the framework of official law – the status of a public servant; c) a special status within the framework of official law, which is mediated by the nature of the powers granted – the status of the head of the public service in a state body. The substantive features which characterize a public servant who has acquired a special legal status of the head of the public service in a state body are singled out: 1) he is assigned to public servants; 2) he holds the highest position of public service in a state body; 3) he is obliged to perform a special type of duties that are an element of authority: a) in matters of public service and b) organization of work of other employees in this body. Attention is paid to the fact that each head of the public service in a state body is an official authorized to perform organizational and administrative functions, but not every official is the head of the public service in a state body. A possible algorithm for finding a higher position in a state body is identified: a) if there are positions in a state body that fall into different categories, the highest position in a state body will be held by the public servant who replaces a category “A” or “B” (in the absence of positions classified in category “A”); b) if there are positions in a state body that are assigned to one category, the highest position will be held by the public servant whose position is assigned to the highest subcategory.

scholarly journals Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

2020 ◽  
pp. 452-457
Author(s):  
Danylo Demchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Complete Understanding ◽  
Independent State ◽  
Association Agreement ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Status ◽  
The Subject ◽  
Official Evaluation

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

Part V Global and Regional Security Mechanisms, Ch.58 The Organization for Security and Co-operation in Europe

2021 ◽  
Author(s):  
Greminger Thomas
Keyword(s):  
Legal Status ◽  
Regional Security ◽  
Legal Personality ◽  
Relevant Today ◽  
Legal Context ◽  
The Status ◽  
Operational Activities ◽  
Mutual Relations ◽  
The Cold War ◽  
United Nations Charter

This chapter details how, for several decades, the normative framework for European security has been based on the principles and commitments of the Helsinki Final Act. The Helsinki principles and commitments, the result of more than two years of almost unbroken diplomatic negotiations, became the basis for guiding mutual relations amongst the participating States during the Cold War and helped to smooth the process of post-Communist transition. They remain relevant today as the fifty-seven participating States of the Organization for Security and Co-operation in Europe (OSCE) look to return to a rules-based system in order to enhance predictability, trust, and stability. The chapter looks at how OSCE principles and commitments have contributed to promoting security and cooperation in Europe. It explores how a political body, and the norms articulated by its participating States, fit into the framework of international law, and influence or are driven by it. Moreover, the chapter considers the impact that the unclear legal status of the OSCE has, particularly on operational activities. It analyses the OSCE as a political arrangement, its legal context, its structures, the status of its international legal personality and its impact, the OSCE as a regional arrangement under the United Nations Charter, and the various dimensions of the OSCE’s work.

scholarly journals Social Media and EuroMaidan: A Review Essay

Slavic Review ◽  
2017 ◽  
Vol 76 (1) ◽  
pp. 169-191 ◽  
Author(s):  
Megan MacDuffee Metzger ◽  
Joshua A. Tucker
Keyword(s):  
Social Media ◽  
European Union ◽  
Review Essay ◽  
The European Union ◽  
Association Agreement ◽  
The Government

As more than a billion people had done previously, on November 21, 2013, Ukrainian journalist and activist Mustafa Nayem wrote a Facebook post; this post, however, would have a much larger impact on subsequent political developments than most that had preceded it. Frustrated with President Viktor Yanukovych’s decision not to sign a long-promised association agreement with the European Union, Nayem asked others who shared his frustration to comment on his post. Even more importantly, Nayem wrote that if the post received at least 1000 comments from people willing to join him, they should all go to Independence Square to protest. And indeed they did: starting with just a few thousand people, the protests would swell to be the largest since Ukraine’s independence, particularly after police used force against protesters at the end of November 2013. Eventually, these protests led to the resignation of the government, the exile of the former president, and indirectly to the secession of Crimea and the ongoing conflict in the eastern part of the country.

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

scholarly journals Ethnic Germans of Ukraine in the Context of Soviet-German Relations (1920-1950s)

2017 ◽  
pp. 166-182
Author(s):  
B. Chirko
Keyword(s):  
World War Ii ◽  
Legal Status ◽  
Ethnic Community ◽  
Spiritual Needs ◽  
German Population ◽  
Political Consequences ◽  
The Status ◽  
Ethnic Germans ◽  
The Government ◽  
State Relations

The aim of the publication is the study of ethno-political, socio-economic, demographic and other processes taking place in the environment of the German ethnic group of Ukraine in the context of the Soviet-German inter-state relations during 1920-1950s. The author analyzes the attitude of governmental bodies to the German ethnic community, causes, mechanisms of realization, demographic, social and political consequences of political repressions of the Stalinist regime against ethnic Germans, mass deportation of the German population from the regions of traditional accommodation in the interwar period. The author emphasizes that the repressive actions were caused by and closely related to administrative-imperative methods of implementation of domestic policies, the militarization of the economy, collectivization of village, violent grain procurements, antireligious campaigns etc. Repressions of the “nationalists” (German, Polish, etc.) were linked with the international factor - the aggravation of the situation in the world. The deterioration of relations between the USSR and Germany and Poland as well as the corresponding strengthening of anti-German and anti-Polish propaganda campaign led in particular to a special bias of Soviet authorities towards the German and Polish population, which was considered as a potential base for “Nazi” activities in the country. This publication analyzes the social and legal status of “volksdeutsche” during World War II, the attitude towards “ethnic Germans” of Ukraine from Nazi occupation regime. The status and nature of ethnic Germans staying in the mode of special settlements, repatriation and problems of separated families in the postwar years have been considered. The author has paid  special attention to the problems of lifting restrictions in the legal status of the majority of the German population of the USSR as a result of the German-Soviet negotiations in Moscow in 1955, the attempts of ethnic Germans and the government of Ukraine to ensure ethnic, social, cultural, religious and spiritual needs of the German ethnic community under conditions of modern Ukrainian state – building and deepening of democratic processes in Ukrainian society.

scholarly journals The attention of the new public service in implementation of local autonomy bureaucracy in Indonesia

2015 ◽  
Vol 5 (2) ◽  
pp. 42
Author(s):  
T., T. Datu
Keyword(s):  
Public Service ◽  
Global Changes ◽  
Building Performance ◽  
Local Autonomy ◽  
Public Servant ◽  
New Public ◽  
Government Bureaucracy ◽  
The Government ◽  
General Goals

<p>A principle of New Public Service in building performance is important in maintaining the efficiency, effectiveness and customer satisfaction. Paradigm of New Public Service as a public servant more prioritizes the interests of the public by improving the quality of service. Administrators who are responsible have to work to involve citizens in implementing programs to achieve general goals.</p><p>The economic crisis that hit Indonesia since 1997 until today shows that Indonesia does not have a solid foundation to be tough to face global changes. The Government has always had difficulty in reducing this nation to rise from adversity of economic, social, and politics. This misunderstanding increases uncertainty of economic, social, and politics, while the cost of providing government also increased.</p><p>Changes in Law No 5 in 1974 to Law No 32 in 2004 and Law No 25 in 1999 has not produced output that benefits society. In fact, there were impressed that the society is getting harder to obtain rights of public service. Moreover, if they are associated with the quality of government bureaucracy, the realization of local autonomy and rise of abuse of authority in government bureaucracy that estimated the systemic and even to the affected areas.</p><p> </p><p> Keywords: new public service, bureaucracy, local autonomy</p>

scholarly journals Legal status of the pharmacy practice in the European Union and the Republic of Macedonia

2012 ◽  
Vol 58 ◽  
pp. 53-64 ◽  
Author(s):  
Jasmina Patcheva ◽  
Kristina Mladenovska ◽  
Lidija Petrusevska Tozi
Keyword(s):  
Pharmaceutical Care ◽  
Legal Status ◽  
Pharmacy Practice ◽  
Professional Services ◽  
Point Of View ◽  
The European Union ◽  
Republic Of Macedonia ◽  
Hospital Pharmacies ◽  
The Status ◽  
The Republic

From a historical point of view, one can notice that the role of the pharmacists employed in community and hospital pharmacies became more complex. Today, they do not only supply, store, prepare and dispense medicines with ensured quality, but they also provide professional services based on the concept of pharmaceutical care and good pharmacy practice. In this paper, detailed review on the current legislative regulating the status and practice of the community and hospital pharmacies in some EU-member countries and in Macedonia is given. The implementation of the concept of pharmaceutical care and good pharmacy practice in selected EU member-countries, Great Britain, Germany and Slovenia, and in Croatia as a future EU member as well as in Macedonia is also discussed. In addition, set of recommendations for establishing the good pharmacy practice standards is prepared and presented. At the end, an attempt is made to establish a basis for development a modern Law on Pharmacy Practice in the Republic of Macedonia.

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