RIGHTS AND GUARANTEES OF A CIVIL SERVANT

2021 ◽  
Vol 6 (10) ◽  
pp. 20-28
Author(s):  
Doniyor Yuldashev ◽  

The article analyzes the legal status of civil servants in terms of the rights, state guarantees andbenefits. These elements of the legal status are presented through the prism of comparative legal studies of the legislation of more than a dozen foreign countries, taking into account the experience of legal regulation of public civil service issues both in the post-Soviet space and in foreign countries. The system of state guarantees for civil servants is currently in a state of instability, which is caused by administrative reforms, the lack of a unified state personnel policy. The system of material and financial guarantees today is an operating system that enhances the prestige of the civil service as a social and legal institution.Keywords: public servant, civil servant, legal status,rights, state guarantees, social security

2018 ◽  
Vol 6 (3) ◽  
pp. 25-31
Author(s):  
V. O. Andrieiev

The article is devoted to the study of the main stages of the formation and development of the oath of a civil servant, as part of his legal status. The normative legal acts regulating the oath of a civil servant during the historical development of the civil service in the territory of modern Ukraine are considered.The article concludes that at the present stage, the institute of oath of a civil servant, based on historical legal analysis and taking into account European integration processes in the field of public administration, has a sustainable development. Throughout the historical development of the oath of a public servant, the formation and development of the civil service in the territory of Ukraine played a significant role. The main factors of influence in different historical periods on the formation and development of the oath of a civil servant were armed confrontation, change in the form of government, the state-political structure of the state, and the formation of various Ukrainian states.At the same time, taking into account the complicated conditions for the historical development of the oath of a public servant, which consisted in the perception of society, a certain historical period, the legal phenomenon of «oath» as an integral part of the legal status of a civil servant, and sometimes the lack of normative and legal regulation of the institution of the oath of a civil servant, all however, played an important role in the formation of the civil service in general.Thus, all historical stages of gossip of the oath of a civil servant as a component of his legal status are important from the point of view of historical and legal study of the civil service in the territory of Ukraine, as well as normative legal acts from the point of view of fixing the oath of the civil servant.Consequently, taking into account the historical development of the oath of a civil servant, an oath is an integral part of its legal status, a factor that gives an individual the opportunity to voluntarily acquire certain rights and responsibilities, which are, first of all, in the service of their people.


Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich

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


2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi

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.


Social Law ◽  
2019 ◽  
Author(s):  
A. Andryeyev

It is stated that the current legal regulation of the personnel support of the civil service of Ukraine does not fully satisfy the needs of the society for the purposes of ensuring the fulfillment of the tasks set, and therefore the issues related to the improvement of the existing mechanisms are still not relevant, since the proper functioning of the state institutions is impossible without a skilled and powerful state apparatus. The list of problems of legal regulation of the civil service personnel is determined. Suggestions are made to address these issues. It is established that one of the problems of legal regulation of the personnel support of the civil service of Ukraine under the national legislation is the imperfection of the current legislation in this field, which creates "hidden opportunities for positions". Attention was drawn to the need to address corruption issues, in particular, the strengthening of control by staffing services was proposed. For example, when recruiting a candidate for a civil servant position, the HR should, along with checking education data, work experience, etc., pay attention to identifying moral and ethical qualities and the absence of allegations of corruption in the past. The article analyzes the aspects of optimization of legal regulation of public service personnel. It is proposed to optimize the legal regulation of the staffing of the civil service of Ukraine in several stages in order to increase the level of professional competence of civil servants. Some researchers have expressed their views on this issue, of which the proposal to focus attention on attracting young creative personnel to the civil service is particularly interesting. In this case, it is advisable to amend Article 19 of the Law of Ukraine "On Civil Service" of 10.12.2015 No. 889-VIII with the establishment of the maximum age of admission to the position of civil service, which in practice can really contribute to the formation of a qualitatively new composition of civil servants. You can set an approximate age of 30 years. Among the areas of optimization of the legal regulation of the personnel support of the civil service of Ukraine, at the stage of raising the level of professional competence of civil servants, the extension of the personal responsibility of civil servants is highlighted. The main problems for today are that the current Law of Ukraine “On Civil Service” of December 10, 2015 No. 889-VIII provides only two types of liability of civil servants - disciplinary and material. In the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses, firstly, the legislator does not use the term "civil servant", and secondly, there are no sections directly related to the offenses and crimes of public servants in the structure of these normative legal acts. the rules may be contained in different sections of the codes.


2019 ◽  
pp. 121-124
Author(s):  
V. V. Vasylkivska

The article deals with the question of the order of improvement and development of the civil service institute as part of the normative settlement of the legal status of a civil servant, the clear attachment of his powers, rights, duties, directions of work. It is noted that the priority of the development of the modern civil service is to clearly define the legal status of a civil servant, determine the basic requirements and competencies, and specify the specific competencies and duties. Contemporary development of our state, active European integration processes and integration of the country into the world community are also impossible without qualified personnel, which are called to implement their own managerial powers and legally defined status. In connection with the foregoing, the personal factor, professionalism and competence of civil servants who are thoroughly aware of the legislative and regulatory acts regulating their legal status and the activities of public authorities are becoming increasingly important. In addition, it is good to understand the main trends of modern state policy, economics, development and law, as well as to have a professional knowledge of specialist knowledge and skills in accordance with the special field, position and function. Only such personnel will be able to effectively fulfill their professional powers, implement the legal status in order to ensure the functioning of the civil service institute and predict the development of political, economic and social spheres, to prevent the use of outdated stereotyped forms of management and to provide targeted public-management activities. At the same time, the growth of new requirements for the role of professionals in the process of state-building needs to improve the domestic model of civil service management, as well as the use of innovative approaches to the development and implementation of typical job descriptions of a civil servant. It is the job description that is the central element of a clear idea of the role and place of a civil servant in the management system. A well-designed typical civil servants instruction guarantees the implementation of a legally defined legal status of a civil servant, as well as a rational and effective performance by the official of his official duties and the provision of high-quality public services to citizens, a clear understanding of liability for unlawful acts or omissions or violations of the established legal restrictions in the civil service. The job description is defined as a document that regulates the organizational and legal status of a civilservant and defines its specific tasks and responsibilities, rights, responsibility for violation of the official discipline, determines the conditions for a clear, coordinated work, knowledge and qualification, the competencies necessary for ensuring the effective functioning of the state service Reconsideration and development, as well as a clear normative settlement of the place and importance of the job description, will eliminate the free treatment of civil servants of their functions and powers, will help directors avoid the need for constant clarification to employees of their obligations, as well as save time when familiarizing each new employee with his tasks and duties. Allow a person who takes an appropriate position to immediately orientate in his legal status.


Author(s):  
Vainius Smalskys ◽  
Svitlana Khadzhyradieva ◽  
Sergii Slukhai

As for the civil service in Ukraine, we can identify a number of innovations aimed at improving the performance and ensuring the quality of civil service, namely: separation of administrative and political positions; clarification of the legal status of a civil servant; separation of civil service from political activity; establishing an exhaustive list of persons who are not subjected to the civil service legislation; introduction of a new approach to the classification of civil servants’ positions; a competency-based approach to the selection of candidates for the civil service; defining legislatively common approaches to entry, performance and separation from civil service; improving professional skills and professional training of civil servants, their labor remuneration, bonus payments and encouragement, as well as disciplinary responsibility.  Reforming the civil service legislation has become the most important step towards the public administration reform. Constant changes and amendments to the newly adopted legislation signify about it imperfection. Nevertheless, it should be noted that legislators and reformers are moving in the right direction. The data analyzed in the article show that Ukraine has come a long way from the Soviet civil service legacy. However, it is still in the middle of the road: these achievements must be supported by continuous efforts to render them irreversible and significantly improve the efficiency of public administration. The analysis of the sources in the article shows that the ideal picture of a public servant should correspond to his real perception. In fact, the public perception of civil servants in Ukraine is quite negative, as people see a striking difference between the reality and the ideal mentioned above. It turned out that the public servant, according to public perception, lacked almost all the necessary features. This demonstrates the enormous problems with civil servants in Ukraine due to the mismatch between public perception and the ideal image of a public servant. Thus, statistics show that the majority of respondents (about 70 percent) said that a Ukrainian civil servant is poorly qualified, tends to avoid solving complex cases, impatiently violates the law, demonstrates low respect for customers, is not trustworthy, is biased and interested in his own interests (puts one's own interests ahead of the public), non-result oriented, etc. The article concludes that public service reform in Ukraine should be supported not only by political measures that enhance the professionalism of employees, but also include procedures for changing public attitudes towards them. The negative perception of civil servants can be closely linked to the civil service itself: Ukrainians perceive it as a corrupt and bureaucratic institution that breaks innovation, does not care about cost-effectiveness, and does not perceive positive change.


Author(s):  
Viktor Alexandrovich Andrieiev

The article is devoted to the definition of the concept, essence and content of the oath of a civil servant, as an integral part of their legal status. The role and significance of the oath of a civil servant in accordance with the current legislation and the strategy of reforming the civil service and service in local selfgovernment bodies are analyzed. It is determined that the oath of a public servant is a special type of state-management relations, the content of which is the solemn oath of a citizen who enters the civil service for the functions of the state, loyalty to the Ukrainian people and the state. However, the legislator does not provide a clear definition of the oath of a public servant as a legal and public-management phenomenon in the mechanism of civil service, which in turn makes it impossible to form a highly-qualified civil service. It is the concept, content, essence of the Oath of a public servant who remains little investigated and theoretically worked out. In addition, the analysis of the current legislation shows that there is no single approach to the oath of a civil servant, as to the fact that a citizen of Ukraine acquires the corresponding legal status and negatively affects the functioning of public administration bodies in general and causes certain conflicts in the legislation. It was concluded that the oath of a public servant is an integral part of his legal and state-management status, from which the citizen of Ukraine acquires all the rights and duties of a civil servant, including the responsibility to be responsible for refusing to make an oath of a civil servant, or for violation of it. A refusal to make an oath by an entity that enters the position of a civil servant makes it impossible for a person to acquire the subjective rights and legal obligations provided for by the status of a civil servant. Concept, content and essential features The oath of a civil servant is regulated by the system of current legislation, as well as ethical norms of public service and traditions of the corresponding state-management practice in Ukraine.


2020 ◽  
Vol 15 (3) ◽  
pp. 112-120
Author(s):  
E. L. Leshchina

The paper examines the legal status of participants in disciplinary proceedings, identifies and analyzes the existing points of view on their classification. Having brought together a number of approaches, the author proposes to classify participants in disciplinary proceedings on the following grounds: 1) according to their functional role in production; 2) depending on the obligatory nature of their participation in production; 3) depending on the interest of participants in the disciplinary proceedings in its results. The following is a description of the administrative and procedural status of participants in proceedings in disciplinary cases. The author substantiates proposals for improving the legal status of a civil servant in respect of which disciplinary proceedings are carried out. It is concluded that disciplinary proceedings as a whole are a means of realizing the legitimate interest of its participants. In conclusion, the author expresses the opinion that the current state of legal regulation of the legal status of participants in disciplinary proceedings in the civil service system of the Russian Federation in the context of incomplete reform of the civil service institution is far from being perfect.


Author(s):  
Anna Kutsevych

Professionalism and competence of the staff of public authorities is one of the most important tasks of our country in the way of development and strengthening of the personnel policy of the civil service of Ukraine. In this article, we set out how to interpret the concept of "liberation" in the scientific literature of our country. It is analyzed what specificity is inherent in this concept in the context of civil servants and how the dismissal of civil servants differs from the dismissal of other categories of employees. It is concluded that the civil service legislation defines special, in relation to the general procedure, grounds for dismissal of civil servants, which is the main criterion for the selection within the mechanism of dismissal of civil servants a number of mechanisms for dismissal of civil servants for each of them. It has been established that the mechanism for dismissal of civil servants is an interconnected concerted procedural action of the civil servant and civil servant aimed at repaying the duties of the civil servant and civil servant to one another. Elements of the mechanism for dismissal of civil servants are a set of mechanisms for each individual ground of dismissal of a civil servant, each of which forms a specific set of tools. It is summed, that general concept of the mechanism of dismissal of civil servants should be reduced to a set of legal remedies, which envisage the interconnected concerted procedural actions of the head of civil service and civil servant, aimed at repaying the duties of the head of civil service and civil servant to each other and legal registration of termination of labor legal relations employee on the grounds stipulated by the current legislation on civil service, including the occurrence of circumstances that cause termination of civil serv the issuance of an order or order by the head of the civil service to terminate the civil service, to issue a properly completed employment record and to make a final settlement, which results in a change in the social and legal status of the parties to the civil service relations with respect to each other.


Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.


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