scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova

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.

2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak

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.


2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
A. Zhulavskyi ◽  
V. Gordienko ◽  
N. Malko

The article is devoted to the actual issues of the civil service reform in the direction of motivating the civil service, where a personal interest of a public servant is the key to the success of execution of the government tasks that are necessary to perform state functions at the appropriate professional level. An analysis of the existing features of the motivation of the civil service, which are determined in accordance with current regulations in Ukraine, was performed. The possibilities of improving the modern civil service as part of effective public administration by forming effective proposals, which are based on the analysis of the experience of European countries, were identified. The analysis of the legislative and regulatory framework in the field of civil service revealed problematic issues regarding the unequal of the financial remuneration of employees. The current state of ensuring the remuneration of civil servants was assessed. The formation of the salary of employees with mandatory and incentive payments in relation to the minimum wage in the country as of December 2020 was analyzed. Intangible motivations, such as positive honors (awards) for achievements in the professional activity of civil servants, offering remote work, and encouraging employees with corporate culture, which can be used by the head of the civil service office to create a favorable positive atmosphere. Contrary, in certain situations in a public body, negative incentives, e.g. punishment for improper performance of duties or inaction, were investigated. The peculiarities of the motivation of the civil service in Ukraine were identified taking into account experience of France in building a career matrix for the promotion of civil servants in public administration. Shortcomings in the practical components of the application of motivation in working with staff are partially revealed. The directions of reforming and methodical approaches of the civil service in terms of motivation were suggested. The ways of solving and improving the mechanisms of realization of the state policy in the sphere of civil service, namely the improvement of the system of motivation of civil servants were offered. The practical components of motivation were revealed, new mechanisms for improving the implementation of civil service reform were proposed.


Author(s):  
I. Adamska

Problem setting. The civil servant is one of the main objects of public service reform and, at the same time, its subject. This is due to the fact that civil servants, as representatives of the senior public service, are the main actors in the formation of reform policy in the field of public service, as well as, subject to regulatory legislation, catalysts for its implementation. At the same time, transformational changes affect the legal status of public servants, which in turn affects the formation of their rights and responsibilities. Recent research and publications analysis. It was found that the issue of the rights of public servants is insufficiently covered in recent research, which has led to the relevance of the selected issues. Highlighting previously unsettled parts of the general problem is to reveal the essence and content of the rights of public servants as a fundamental component of their legal status. Paper main body. Research has shown that the legal status of a public servant should be understood as a system of rights granted to him, as well as a set of responsibilities imposed on him, including certain incentives, prohibitions and restrictions, as well as measures of legal liability for non-compliance or improper level of performance of professional duties assigned to him in accordance with the job description. The essence of the concept of “rights of a public servant” should be understood as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. Conclusions of the research and prospects for further studies. It is concluded that the rights of a public servant can be disclosed as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. There are three levels (aspects) of the rights of civil servants, namely: private law; Labor Law; public law. Thus, private law ensures the freedom and autonomy of the individual, the independence and autonomy of the individual. Labor relations arising in the activities of public servants are an element of the general system of labor law. At the same time, public servants perform their job functions personally and must obey the rules of official discipline, which are established at both the local and state levels. In the course of using the labor of public servants, labor relations arise, which, however, are characterized by the peculiarity of official functions and the level of responsibility for decision-making of state importance. Prospects for further research are the analysis of the state of protection of the rights of civil servants in modern Ukraine, the study of improving the organizational protection of the rights of civil servants and compliance with the rights of civil servants as an optimization tool for building an effective state in Ukraine.


Yurispruden ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 175
Author(s):  
Afifuddin Afifuddin

 ABSTRACTThe implementation of public services is still going on with the old public administration practices. Therefore, it is time for the bureaucracy to change its mindset. The development of the paradigm of public administration can bring enlightenment to the bureaucracy. Public Service innovation and creativity is one of the right solutions in the era of regional autonomy in achieving the welfare of modern regional government. The Indonesian state in running the government, the relationship between the central government and local governments must be well and harmoniously established. The intertwined goal is for the prosperity of the people. Regional autonomy can provide flexibility for regions to innovate and create local community creativity as material for local government policies. Therefore, several important discourses in Public Administration Science can be a reference for modernizing the administration of local government in the era of regional autonomy. Keywords        : Innovation, Public Service Creativity, Regional Autonomy, Center,                          Region and Local Government ABSTRAKPenyelenggarakan pelayanan publik masih saja terjadi praktik-praktik old public administration. Oleh karena itu sudah saatnya birokrasi merubah mindsetnya. Perkembangan paradigma administrasi publik dapat membawa pencerahan bagi birokrasi. Inovasi dan kreativitas Public Service merupakan salah satu solusi yang tepat di era otonomi daerah dalam mencapai kesejahteraan pemerintahan daerah yang modern. Negara Indonesia dalam menjalankan pemerintahan, hubungan pemerintah pusat dan pemerintah daerah harus terjalin dengan baik dan harmonis. Tujuan yang terjalin tersebut untuk kemakmuran rakyat. Otonomi daerah dapat memberikan keleluasaan bagi daerah untuk melakukan innovasi dan kreativitas masyarakat setempat sebagai bahan kebijakan local government. Oleh karena itu beberapa wacana penting dalam Ilmu Administrasi Publik dapat menjadi rujukan untuk memodernisasi penyelenggaraan pemerintah daerah dalam era otonomi daerah. Kata Kunci    : Inovasi, kreativitas Public Service, Otonomi Daerah, Pusat, Daerah dan                          Local Government 


2021 ◽  
Vol 27 (1) ◽  
Author(s):  
Taras Mandzii

The article represents the peculiarities of recognizing higher medical education obtained in Ukraine in Poland. Nostrification (from German Nostrifikation derived from Latin Noster – “our”, and Latin Facere – “to do”) is a procedure for the recognition of diplomas issued by educational establishments of other countries. All the certificates and diplomas obtained in Ukraine can be legalized in Poland. The paper describes the procedure for preparing the documents needed and the basic legal components of a successful nostrification of diploma in medicine, pharmacy. The recognition of foreign diploma grants you the right to continue your education and professional activity in Poland and is carried out on an individual basis. If you want your diploma to be recognized in Poland, you should contact the Ministerstwо Nauki i Szkolnictwa Wyższego or Polish National Agency for Academic Exchange – NAWA. An Agreement between the Government of Ukraine and the Government of Republic of Poland on Mutual Recognition of Education Documents and Scientific Degrees was signed on May 31, 2006 (Resolution of the Cabinet of Ministers of Ukraine No. 769). Thus, the Polish documents of secondary education, higher education levels, as well as academic degrees provide the opportunity to continue education in Ukraine and, accordingly, such documents received in Ukraine guarantee this opportunity in Poland. However, the agreement does not apply to certain professional rights including extra payments for academic degrees or ranks. The confirming university shall confirm or refuse to confirm the completion of studies at a specified level within 90 days from the date of submission of the request. In case of differences in study curriculum, learning outcomes or duration of studies, the confirming university may oblige the person to take specific examinations or undergo a professional traineeship. Obtaining a certificate of nostrification allows you to continue the process of recognizing higher medical education in order to ultimately be able to work as a doctor in the European Union.


2020 ◽  
Vol 2020 (10) ◽  
pp. 3-18
Author(s):  
Valeriy HEYETS ◽  

Self-realization of the individual in the conditions of using the policy of “social quality” as a modern tool of public administration in a transitional society is largely related to overcoming the existing limitations of the individual in acting in such a society and economy transitioning to a market character. Given that, in particular, in Ukraine the market is hybrid (and this is especially important), the existing limitations in self-realization of the individual must be overcome, including, and perhaps primarily, through transformations in the processes of socialization, which differ from European practices and institutions that ensure its implementation. Thus, it is a matter of overcoming not only and not so much the natural selfish interests of the individual, but the existing gap in skills, which are an invisible asset to ensure the endogenous nature of economic growth. It is shown that there is an inverse relationship between the formation of socialization and the policy of “social quality”, which is characterized by the dialectic of interaction between the individual and the group and which is a process of increasing the degree of socialization. The latter, due to interdependence, will serve to increase the effectiveness of interaction between the individual and the group, which expands the possibilities of self-realization of the individual in terms of European policy of “social quality” as a tool of public administration, whose successful application causes new challenges and content of the so-called secondary sociology. The logic of Ukraine's current development shows that new approaches are needed to achieve the social development goals set out in the Association Agreement between Ukraine and the European Union and to minimize the potential risks and threats that accompany current reforms in Ukrainian society. They should introduce new forms of public administration to create policy interrelationships of all dimensions, as proposed, in particular, by the social quality approach to socialization, the nature of which has been revealed in the author's previous publications. As a result, the socio-cultural (social) dimension will fundamentally change, the structure of which must include the transformational processes of socialization of a person, thanks to which they will learn the basics of life in the new social reality and intensify their social and economic interaction on the basis of self-realization, thereby contributing to the success of state policy of social quality and achieving stable socio-economic development.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


2021 ◽  
Vol 13 (21) ◽  
pp. 12185
Author(s):  
Da-Hee Lim ◽  
Dae-Woong Lee

Public services are the primary channels and government activities in which citizens contact public organizations. In turn, public services provided by the government are critical for citizens to recognize public organizations and governments according to their content and procedure. With the onset of COVID-19, the existing face-to-face public service delivery system has shown limitations in meeting citizens’ needs for public services (fastness, transparency, and safety); as a result, a shift to non-face-to-face public services is required. The study proposes the question: “How does citizens’ satisfaction with non-face-to-face public services affect public organizations (response and transparency) and government satisfaction?”. The purpose of this study is to verify the effect of satisfaction (content and procedural) with non-face-to-face public services on the perception (responsiveness and transparency) of public organizations and governments’ satisfaction. Specifically, non-face-to-face public services are divided into content and procedural aspects to analyze the responsiveness and transparency of public organizations and their impact on government satisfaction. This study used a structural equations model for analysis and used data collected in 2019 by the Korea Institute of Public Administration, a representative public research institute in Korea. The main analysis results are as follows: the responsiveness and transparency of public organizations increased alongside satisfaction with content and procedural satisfaction with non-face-to-face public services, and government satisfaction increased with responsiveness to and transparency toward public organizations.


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