EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

scholarly journals Basic principles in the mechanism of assessment of employees of the organs of incomes and charges in Ukraine

2018 ◽  
Vol 6 (9) ◽  
pp. 73-79
Author(s):  
A. M. Olijnyk
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Evaluation Process ◽  
Civil Servants ◽  
Evaluation Procedure ◽  
Assessment Procedure ◽  
Basic Principles ◽  
Definition Of ◽  
Determining Factor ◽  
Normative Content

The article analyzes the issues of principles in the mechanism of assessment of employees of the organs of incomes and fees, as the main, initial ideas, guidelines used in the evaluation process of officials of the fiscal services. It is revealed that the principles are an important part of the civil service, and the definition of their content during the assessment is a determining factor in a stable personnel policy in the system of organs of the fiscal service.The normative list of principles of civil service, consisting of rule, lawfulness, professionalism, patriotism, integrity, efficiency, ensuring equal access to public service, political impartiality, transparency and stability are considered.It is determined that the list of evaluation principles is contained in the «Typical evaluation procedure for the performance of civil servants» and consists of the principles of objectivity, authenticity, accessibility and transparency, interaction and respect for dignity. However, this list of principles does not cover the whole assessment procedure, therefore, we propose to include the following principles of civil servants’ assessment of the revenue and expenditure of the organs of government as follows: legality, equality of all before the law, objectivity, transparency and openness, humanism, interaction of sub objectives of evaluation, professionalism. The principles of evaluation of employees of the organs of incomes and fees are considered and characterized, attention is paid to their normative content and the mechanism of their implementation.It is concluded that the principles in the mechanism for assessing employees of the organs of income and fees determine certain patterns in the system of organization of service in the fiscal services, highlight the general provisions of the civil service in these organs, establish their organizational and legal ties.

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.

scholarly journals Topical problems of legal regulation of the institution of conflict of interest in the state civil service in the Russian Federation

2021 ◽  
Vol 26 (4) ◽  
pp. 194-201
Author(s):  
Sergey P. Koval’ ◽  
Oksana Yu. Taibova ◽  
Mikhail Yu. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Conflict Of Interest ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Conflict Situations ◽  
The Russian Federation

The article examines theoretical issues related to understanding and important problems of legal regulation of the institution of conflict of interest in the state and municipal service, it analyses the category of “personal interest of an employee”, and also conducts a comparative study of the application of administrative and disciplinary responsibility to a civil servant in this conflict situations. The activity of the commissions on compliance with the requirements for official behaviour of civil servants is analysed. The authors analyse the specifics of the conflict of interest based on the current legislation. Particular attention is paid to the issues of increasing the efficiency of practical activities of state bodies to identify and prevent these conflicts. Gaps in the provisions of the laws of the Russian Federation related to conflicts of interest are investigated. There are proposals for the effective resolution of conflict situations in the civil service. Analysing the changes in the legislation of the Russian Federation, considering the opinions of scientists on combating corruption, the authors draw their own conclusions. The key position of the authors on this issue is that improving the measures of legal responsibility of civil servants in a situation of conflict of interest is a necessary task of the science of administrative law, an effective means of preventing offences and strengthening executive discipline in the state apparatus.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals Living donor bone bank: Costa Rican experience

2020 ◽  
Vol 61 (2) ◽  
Author(s):  
Nefertiti Chaves Solano
Keyword(s):  
Living Donor ◽  
Relevant Information ◽  
Costa Rican ◽  
Legal Issues ◽  
International Standards ◽  
Bone Bank ◽  
Exclusion Criteria ◽  
Blood Samples ◽  
Definition Of ◽  
The Right

All relevant information was gathered to provide a brief overview of the establishment of a Bone Bank in Costa Rica. First, legal issues were taken into consideration; followed by the definition of the donor exclusion criteria according to international standards. Potential donors were defined as all patients undergoing hip or knee replacement surgeries. In order to select the right donors, blood samples from all potential donors were tested for transmittable diseases. Bone tissues were obtained in the operating room to be processed later, under strict standardized conditions. Once the tissues were processed, allografts were stored at -80C until the transplantat procedures were carried out.

LEGAL FUNDAMENTALS OF INNOVATIVE ACTIVITY

2017 ◽  
Author(s):  
Alla Nitchenko ◽  
◽  
Nataliia Morska ◽  
Keyword(s):  
Practical Experience ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Innovative Activity ◽  
International Standards ◽  
Innovation Activity ◽  
Scientific Article ◽  
Basic Principles ◽  
Regulatory Documents

The scientific article presents the basic principles of innovation from the standpoint of law. The problems of legislative and normative-legal provision of the basic principles of innovation activity on the territory of Ukraine are considered. It was found that the basic principles of innovation in Ukraine are regulated by a number of legislative and regulatory documents. The legal content of the category "innovation" is revealed, based on the provisions of the legal framework. The legal peculiarities of innovation activity on the territory of Ukraine are determined. Objects and subjects of innovation activity are analyzed. The directions of implementation of innovative activity on the territory of Ukraine are considered. The role of the state in guaranteeing the subjects of innovation activity favorable conditions for innovation activity in accordance with the provisions of legislative and regulatory documents is revealed. The key functions of the state, which are to control and regulate the basic principles of innovation in Ukraine, are considered. The key areas of innovation in Ukraine are outlined, based on the provisions of the legal framework. The mode of implementation of innovative activity by technology parks, which is based on special legal bases, is characterized. The practical experience of carrying out innovative activity on the territory of Ukraine is analyzed. Prospects for further research in the direction of studying the legislation governing the basic principles of innovation from the standpoint of law, which are a more thorough study of legislation with the allocation of promising areas to improve the legal regulation of innovation in Ukraine in accordance with international standards and norms.

scholarly journals Police restorative approach in the juvenile justice system

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 41-55
Author(s):  
Vesna Stefanovska
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
International Standards ◽  
Basic Principles ◽  
Foreign Expert ◽  
Different Response

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.

scholarly journals TYPES OF DISPOSITION OF CRIMINAL JUDICIARY OF UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 215-221
Author(s):  
М. М. Почтовий
Keyword(s):  
Scientific Article ◽  
Criminal Proceedings ◽  
General Group ◽  
Procedural Law ◽  
Legal Provisions ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
Different Order

The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness in the criminal proceedings of Ukraine, as well as its classification in scientific sources. At the beginning, the author emphasizes the importance of the existence of the principle of dispositiveness in criminal proceedings and its impact on the implementation of the rights and freedoms of participants in criminal proceedings. On the basis of the defined criteria the classification of dispositiveness in criminal proceedings is carried out: 1) on the maintenance - social, material and formal (procedural); 2) according to the methods of connection of elements in the structure of dispositiveness - horizontal (equal-order) and vertical (different-order); 3) by enshrining dispositive norms in the substantive or procedural law - substantive and procedural; 4) on the generality of powers used by the subjects of dispositive rights - general, group and exclusive powers (the right to the last word of the defendant); 5) on the subordination of rights and freedoms (legal provisions) of the subjects of dispositiveness - the main provisions, provisions that ensure the implementation of the basic; 6) depending on the scope of powers granted to participants in criminal proceedings, for a certain period of time - static and dynamic; 7) depending on how many participants in the criminal proceedings are endowed with dispositiveness in a particular criminal proceeding - unilateral and bilateral; 8) depending on the mechanism of realization of dispositive rights - constitutive and situational; 9) for the subject of dispositive rights - suspect, defense counsel, accused, legal representatives, victim, civil plaintiff, civil defendant, witnesses, etc. The author of the study formulates the definition of dispositiveness in the criminal proceedings of Ukraine - it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural relations and aims to defend their own or representative interests.

Using the assessment center methodology while evaluating the civil servants of the Lipetsk region

2021 ◽  
Vol 23 (3) ◽  
pp. 24-32
Author(s):  
ELENA GONCHAROVA ◽  
◽  
KONSTANTIN RUKIN ◽  
Keyword(s):  
Personnel Selection ◽  
Civil Service ◽  
Training And Development ◽  
Assessment Center ◽  
Integrated System ◽  
Civil Servants ◽  
Psychological Characteristics ◽  
Assessment Centers ◽  
Advantages And Disadvantages ◽  
The Right

Building an integrated system for personnel selection, training and development is one of the most important tasks of the civil service. HR agencies are interested in finding specialists with a “portfolio of competencies”, showing flexibility and quickly adapting to any activity. To find the right candidate, you need to choose the right strategy for selecting specialists. More and more companies use the assessment center methodology despite a large number of other evaluation methods. The assessment center allows you to conduct tests in situations close to reality and comprehensively evaluate the knowledge, skills, personal, professional, and psychological characteristics necessary for working in a particular position for a particular candidate or an employee. The article presents the methodology of the assessment center when evaluating state civil servants of the administration of the Lipetsk region. The work describes methods for creating a competency model, formulates recommendations on the use of technologies of the center for evaluating civil servants, and draws conclusions based on the final results. The article presents data on the validity of the assessment center in comparison with other tools for evaluating personnel, shows the advantages and disadvantages of this method. The methodology of assessment centers can be recommended to the authorities for evaluating personnel in the civil service.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

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