scholarly journals Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants

2021 ◽  
Vol 5 (3) ◽  
pp. 317-328
Author(s):  
Isfandika Isfandika ◽  
Mohd. Din ◽  
Iman Jauhari
Keyword(s):  
Civil Service ◽  
Criminal Procedure ◽  
Civil Servants ◽  
Procedure Code ◽  
The Family ◽  
Criminal Suspects ◽  
Approach Method ◽  
The Impact

Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.

Careers in the Dutch civil service: a gender perspective

2009 ◽  
Vol 75 (3) ◽  
pp. 493-507 ◽  
Author(s):  
Sandra Groeneveld
Keyword(s):  
Gender Differences ◽  
Psychological Contract ◽  
Civil Service ◽  
Work Motivation ◽  
Civil Servants ◽  
The Public ◽  
Representation Of Women ◽  
Career Trajectories ◽  
Career Opportunities ◽  
The Impact

This article focuses upon gender differences in the satisfaction with career opportunities of civil servants in the Netherlands. Women have become better represented at all levels in the Dutch civil service in recent years, but they are still underrepresented in the higher level positions. Nevertheless, women are slightly more satisfied with their career opportunities than men are and they seem to be increasingly so. Their relatively positive evaluation of extrinsic aspects of their work situation is one of the explanations of this finding, as is their higher intrinsic work motivation compared to that of men. It is suggested that the career orientations and aspirations of women better fit the changing context of career formation in the Dutch civil service and the accompanying new psychological contract. Points for practitioners The Dutch civil service has set ambitious targets with respect to the representation of women at all levels in the service, but insight into the determinants of women’s careers in the public sector is still very scarce. The findings in this article show that there are gender differences in the weighting of intrinsic and extrinsic aspects of the work in evaluating one’s career opportunities. Besides, the article may assist human resource management practitioners in anticipating the impact of changing career trajectories on the career satisfaction of male and female civil servants.

scholarly journals The Impact of Overseas Training on the Performance of Bangladesh Civil Service: The Case of AIT Extension Training, Thailand

2021 ◽  
Vol 3 (2) ◽  
pp. 103-124
Author(s):  
Mohammad Ali Haider ◽  
Shamim Noor
Keyword(s):  
Service Management ◽  
Civil Service ◽  
Training Programme ◽  
Civil Servants ◽  
Overseas Training ◽  
Service Training ◽  
Training Policy ◽  
The Government ◽  
The Impact ◽  
Training Opportunities

Public administration has to compete with private sectors in terms of quality service delivery to citizens. In this context, civil service training, especially overseas training, has been considered the most significant requirement to increase the performance of the Bangladesh Civil Service. This article tries to explore the impact of overseas training on the performance of the Bangladesh Civil Service. To achieve this objective, this study interviewed Bangladesh Civil Servants who participated Asian Institute Training (AIT) Extension training programme from 2016 to 2018. A mixed-method was applied to analyse the collected data. It found that Bangladesh Civil Servants, who have received AIT Extension training, were satisfied with the training management of AIT. Participants believed that such overseas training positively contributes to enhancing the performance of the Bangladesh Civil Service. However, this study also disclosed that fewer overseas training opportunities for young civil servants, lack of need-based training, and poor management of overseas training policy are the main obstacles in Bangladesh Civil service management. This article strongly recommends that there must be a detailed overseas training policy management and more collaboration with international training institutes to get better performance from the government officers in Bangladesh.

scholarly journals RECONSTRUCTION OF DETENTITON REGULATION AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE

2017 ◽  
Vol 1 (1) ◽  
pp. 216
Author(s):  
Muhammad Khambali
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Civil Code ◽  
Procedure Code ◽  
The Impact

Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.

scholarly journals Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 51
Author(s):  
Moch Faisal Kafrawi
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Counsel ◽  
Procedure Code ◽  
Criminal Suspects ◽  
Law Enforcement Officials

This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.

scholarly journals Civil Service Reform in China: Impacts on Civil Servants' Behaviour

2010 ◽  
Vol 201 ◽  
pp. 58-78 ◽  
Author(s):  
John P. Burns ◽  
Wang Xiaoqi
Keyword(s):  
Urban Areas ◽  
Civil Service ◽  
Organization Culture ◽  
Civil Servants ◽  
Civil Service Reform ◽  
Competitive Selection ◽  
Selection Processes ◽  
Government Data ◽  
The Impact ◽  
Empirical Material

AbstractChina's civil service reforms sought to improve the performance of civil servants by introducing more competitive selection processes, incentives to reward performance, and tightened monitoring and supervision. The impact of the reforms was undermined by clashes with other policies being implemented at the time and by a failure to address elements of organization culture that have rewarded various forms of illegal behaviour, such as corruption. Empirical material for our study is drawn from government data and the experience of civil service reform in three Chinese urban areas (Beijing's Haidian district, Changchun and Ningbo) since the 1990s.

scholarly journals LEGAL RESTRICTIONS ON WOMEN'S PARTICIPATION IN THE TASKS OF PUBLIC ADMINISTRATION IN UKRAINE

2020 ◽  
Keyword(s):  
Public Administration ◽  
Social Protection ◽  
Civil Service ◽  
Civil Servant ◽  
Civil Servants ◽  
Professional Activity ◽  
Women's Participation ◽  
The Social ◽  
Legal Restrictions ◽  
The Impact

Introduction. The article is devoted to the analysis of the content of the institute of legal restrictions imposed on a woman who is in the civil service and performs tasks in the field of public administration. On the basis of the provisions of acts of international law and the laws of Ukraine on Civil Service, found that for women - civil servants subject to special legal restrictions, which are provided by law bans involvement of women in certain forms of their professional duties and tasks for narrowing their total workload to preserve their health and create conditions for full implementation of the social function of the mother. The main results of the study. It is proved that the relevant legislation on public service both Ukraine imposed restrictions on female civil servant to attract her to the tasks of public administration and, at the same time, it focused on social protection. This approach is contributes to the establishment of a regime of "normal living conditions for civil servants. In particular, under the law relating to limiting women's participation in official missions, limiting working hours for women, limitations associated with the transfer of female civil servant to another location and so on. Particular attention is paid to the specifics of women's performance in the field of public administration of defense and national security. It is established that many legal restrictions for women in these areas are not always observed. In particular, attention is focused on unequal age conditions for concluding a contract for military service for women, the established age limit for female conscripts, regardless of service, and the ability of men to serve in the army for 15 years longer than women. The latest changes in the legislation to correct this situation are also disclosed. Conclusions. It is noted that the legal restrictions provided for in the legislation, which are provided for women involved in public administration, despite their positive impact, narrow in some way the scope of their professional opportunities, as well as limit the actual ability to exercise power. However, their inherent social nature and the state must provide adequate compensatory mechanisms stimulating professional activity of women civil servants and minimize the impact on female civil servant consequences relevant restrictions. In its turn, optimal administration of such measures is intended to increase not only the professional performance of women as public administrators, but also enhance the social effectiveness of public administration in general.

scholarly journals Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

2021 ◽  
Vol 3 (3) ◽  
pp. 167-188
Author(s):  
Oksana V. Kachalova ◽  
◽  
Viktor I. Kachalov
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Impact

Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceedings. Society’s needs to improve the independence of judges, increase public confidence in the court, transparency and quality of justice led to the reform of the jury court in 2016 (Federal Law of 23 June 2016 N 190-FZ). As a result of the reform, the court with the participation of jurors began to function at the level of district courts, the jurisdiction of criminal cases for jurors was expanded, the number of jurors was reduced from 12 to 8 in regional courts and 6 in district courts. However, practice has shown that sentences handed down by a court on the basis of a verdict rendered by a jury are overturned by higher courts much more often than others due to committed violations, which are associated, among other things, with the inability to ensure the objectivity of jurors. In the context of a request for an independent court, Article 81 of the Criminal Procedure Code of the Russian Federation on the independence of judges (Federal Law of 2 July 2013 N 166-FZ) was adopted. 4. Reducing the degree of criminal repression. In the context of this trend, institutions have emerged in the criminal and criminal procedure laws that regulate new types of exemption from criminal liability. In 2011, Article 281 “Termination of criminal prosecution in connection with compensation for damage” was adopted, concerning a number of criminal cases on tax and other economic crimes (Federal Law of 7 December 2011 N 420). In 2016, the Criminal Procedure Code of the Russian Federation introduced rules on the termination of a criminal case or criminal prosecution in connection with the appointment of a criminal law measure in the form of a court fine (Federal Law of 3 July 2016 N 323-FZ). 5. Digitalisation of modern society. The rapid development of information technologies and their implementation in all spheres of public life has put on the agenda the question of adapting a rather archaic “paper” criminal process to the needs of today, and the possibilities of using modern information technologies in the process of criminal proceedings. Among the innovations in this area, it should be noted the appearance in the criminal procedure law of Article 1861 “Obtaining information about connections between subscribers and (or) subscriber devices” (Federal Law of 1 July 2010 N 143-FZ), Article 4741 “The procedure for using electronic documents in criminal proceedings” (Federal Law of 23 June 2016 N 220-FZ), the legal regulation of video-conferencing in criminal proceedings (Federal Law of 20 March 2011 N 39-FZ), and the introduction of audio recording of court sessions (Federal Law of 29 July 2018-FZ N 228-FZ), etс. Currently, the possibilities of further digitalisation of criminal proceedings, and the use of programs based on artificial intelligence in criminal proceedings, ets. are being actively discussed. Discussion and Conclusion. The main factors determining the vector of development of modern criminal justice should, in our opinion, include the impact of international standards in the field of criminal justice on Russian criminal justice; optimisation of procedural resources and the need to improve the efficiency of criminal justice, social demands for strengthening the independence of the court, adversarial criminal proceedings; the needs of society to reduce the degree of criminal repression, and digitalisation of modern society.

Problems of the rights of participants of criminal proceedings in terms of measures of restraint

2015 ◽  
Vol 9 (1) ◽  
pp. 24-32
Author(s):  
Виктор Новгородцев ◽  
Viktor Novgorodtsev
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The Body ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Family ◽  
The Relationship ◽  
Investigative Activity

The article considers the relationship to ensure the rights and freedoms of participants in the proceedings and other persons in the process of application and the election of preventive measures involving deprivation of liberty. The decision on measures of restraint in the form of home arrest must be justified by specific factual circumstances. They may not be data untested in court, in particular the results of operational-investigative activity granted in violation of the requirements of Art. 89 of the Criminal Procedure Code. The legislator leaves the list of premises open to the court with the circumstances of the case where it shall be entitled to decide on the specific premises for the execution of home arrest at its discretion. The Court needs to check the base of residence of the suspect or the accused in a particular dwelling. That must be a house where the defendant resides, where his property and / or the family resides. Location of home arrest may be outside the municipality, in the territory of which the preliminary investigation on the condition that this would not preclude the implementation of the criminal proceedings, in particular bringing the person in the body of inquiry or preliminary investigation body and the court. The essence of home arrest as a preventive measure, a specific set of prohibitions and restrictions are analyzed. At the same time the court should take into account the identity of the suspect or the accused. Necessary additions are proposed to the law to regulate the process of preparing a preventive measure.

scholarly journals Modernization of Bail as a Component of Criminal Procedure Restraint in Russia and Abroad

2021 ◽  
Vol 15 (4) ◽  
pp. 466-475
Author(s):  
Alsu Petrukhina ◽  
Vera Popova
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Court ◽  
Procedure Code ◽  
Legal Model ◽  
The Russian Federation ◽  
The Impact

Measures of criminal procedure compulsion should, in the first place, ensure the enforcement of criminal procedure on a criminal case, i.e. prevent the suspect or the accused person from going into hiding, committing a new crime, continuing criminal activities, influencing in any way other participants of the criminal process or the proceedings. The Criminal Procedure Code of the Russian Federation foresees bail as one of preventive measure alternative to detention. Bail is not often used in the Russian Federation. According to statistical data from the Court Department of the Supreme Court for the last five years, the number of bails in Russia is negligibly small compared to other preventive measures. On April 18, 2018, the federal law № 72-ФЗ was enacted to change this situation; it did not only introduce changes in the existing preventive measures, but added a new measure prohibiting the performance of certain actions. Such a component of the restriction measure under consideration as the object of bail was examined for the first time in the light of a radical renewal of the existing legal model through the development of an alternative, principally new concept based on the economic interests of the subject of criminal procedure relations which borrowed its key features from the institutes of civil and financial law. It is difficult to notice the impact of this improvement in practice. When bail was chosen as a restrictive measure, the number of cases not only stayed at the same level, but even went down. Due to this, it is relevant to research an opportunity of combining bail with the preventive measure of prohibiting certain actions. A comprehensive research of bail in Russian and foreign law allowed the authors to formulate recommendations on possible improvements in the mechanism of legal regulation of bail in modern criminal court procedure. It is suggested that a number of gaps in legislation should be bridged, specifically, the list of goals of bail included in the law should be changed and the existing goal of preventing new crimes should be supplemented by the following phrase: «Preventing the accused (the suspect) from continuing the crime that began earlier or committing a new crime». It is also suggested that Part 2.1 should be introduced in Art. 106 of the Criminal Procedure Code of the Russian Federation, which will make it possible to use bail to compensate for the material damage inflicted by the crime in case of a guilty verdict. The authors believe that it is necessary to improve the effectiveness of such a preventive measure as bail in the Russian Federation, thus reducing the number of cases when incarceration was chosen as a restriction measure for crimes of small and medium gravity.

scholarly journals The Impact of Cases Termination Against Suspects Through Pretrial In The Process Of Investigating Tax Crimes

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Bambang Waluyo ◽  
Keyword(s):  
Criminal Procedure ◽  
Judicial Power ◽  
District Court ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Law And Justice ◽  
Article 50 ◽  
The Right ◽  
The Impact

There are various criminal acts or tax violations that can be punished to criminal sanctions. Hence, by the publication of the Criminal Procedure Code, abbreviated as KUHAP, a pretrial is formed to maintain the orderliness in the investigation and protect the suspect against the actions of investigators and public prosecutors that violate the law and harm the suspect. This research aims to find out and examine normatively the pretrial institution that has the authority to examine and adjudicate the application for termination the investigations submitted by the suspect. Also, to determine juridical considerations as the basis of the petition for the pretrial authority cases against the applications for termination of investigations submitted by the suspect. This research is a normative juridical research. The conclusion is obtained that pretrial is the authority of the district court to examine and make decision according to the method regulated in this law, regarding the legality of an arrrest and / or at the request of the suspect or his family or other parties on the power of the suspect and the legality of the termination of investigations or prosecution on requests for the sake of upholding law and justice. Furthermore, based on Article 50 of the Criminal Procedure Code and Article 4 section (2) of Law No 48/2009 concerning on Judicial Power, Article 50 of the Criminal Procedure Code and Article 4 section (2) concerning on Judicial Power that give the suspect or defendant the right so that his fate is not suspended and obtains legal certainty.

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