ADMINISTRATIVE MEASURES FOR PREVENTION OF CORRUPTION IN THE BODIES OF THE NATIONAL POLICE

2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  
Keyword(s):  
Public Service ◽  
Theoretical Aspect ◽  
Legal Framework ◽  
Public Officials ◽  
Legal Regime ◽  
The Public ◽  
Number Of Factors ◽  
Special Rules ◽  
International Instruments ◽  
National Police

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.

Overcoming the tensions between values: a challenge for French public service managers and their training schools

2015 ◽  
Vol 83 (3) ◽  
pp. 463-480 ◽  
Author(s):  
Fabrice Larat ◽  
Christian Chauvigné
Keyword(s):  
Public Service ◽  
Public Management ◽  
Civil Service ◽  
Critical Distance ◽  
Public Officials ◽  
The Public ◽  
Training Schools ◽  
Supervisory Staff ◽  
Service Managers

While there is universal recognition of their important role in the functioning of administrations and for the motivation of public officials, the values that serve as a reference for the public service are witnessing a change in the way they are understood and implemented in practice, particularly with regard to the new requirements of public management. The analysis developed in this article centres on the interplay between various dimensions relating to the perception and use of the key values of the French civil service and highlights the tensions that prevail despite the apparent preservation of the axiological reference universe of those concerned. It raises the question of the role of schools in the training of values management. It draws on the results of a survey conducted in France by the network of civil service schools (Réseau des écoles de service public; RESP) among managers undergoing training and their teachers and supervisory staff. Points for practitioners The study shows that organizations that are responsible for the initial or continuing training of civil servants offer a breeding ground for the (re)production of public service values. However, for civil service managers to be able to deal with the potential tensions between values (no clear hierarchy, apparent contradictions) it is necessary to develop their capacities for reflective analysis and practical application that will allow a critical distance and promote a contextualized ethical approach.

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

scholarly journals Public Service Satisfaction on Hajj-Related Services in Indonesia: Demographic Analysis

Al-Muzara ah ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 99-107
Author(s):  
Reza Fathurrahman ◽  
Zaenal Abidin ◽  
Anisa Dwi Utami
Keyword(s):  
Public Service ◽  
Demographic Variables ◽  
Service Satisfaction ◽  
Primary Data ◽  
Access To Information ◽  
Government Responsibility ◽  
Public Officials ◽  
Related Services ◽  
The Public ◽  
Ease Of Access

Measurement of public service satisfaction with government services serves as a valuable reflecting point for public officials to improve the public service quality. Pilgrimage to Mecca and Medina in Saudi Arabia is considered as a national duty and government responsibility in countries with a significant number of Muslim citizens. This article analyzes primary data from the 2019 national public service satisfaction survey on hajj-related services within Indonesian territory collected by the Ministry of Religious Affairs to examine variation across demographic backgrounds. 1,491 respondents participated in the survey representing individual appraisals toward various services during departure and returning phases. The main focus of investigation are the six selected service dimensions, namely, 1) Individual capability, 2) Ease of access to information, 3) Service procedures, 4) Speed of service, 5) Facilities and infrastructure, and 6) Cost-related perception. The results of regression analysis support diverse roles of demographic variables in explaining variance in public service satisfaction feedback. The empirical findings suggest that people with a higher-level education are more likely to experience less satisfaction. Meanwhile, females are likely to perceive higher satisfaction with the provided services than the males.

scholarly journals La carrera administrativa de los funcionarios públicos frente a la libre designación. Especial consideración de las intervenciones en la Proposición de ley 1876 del Diputado Sr. Puig y Llagostera

2020 ◽  
pp. 305
Author(s):  
Enrique Marcos Pascual
Keyword(s):  
Political Power ◽  
Public Officials ◽  
Legal Regime ◽  
Old Regime ◽  
Legal Principles ◽  
The Public ◽  
Political Influences

La carrera administrativa de los funcionarios públicos forma parte de la serie de reformas propias del régimen jurídico constitucional y el cambio de principios jurídicos que lo conforman, con la elaboración de la función pública subjetiva, frente a la deslavazada función pública objetiva configurada en el Antiguo régimen. Se predica que el acceso a la función pública se tiene que realizar en virtud de los principios de mérito, igualdad y capacidad. Por eso, históricamente, la organización de la carrera administrativa surge como alternativa a la designación de los funcionarios por libre designación del poder político. En el año 1876 se debate en el Congreso de los Diputados una Proposición de ley del Sr. Puig y Llagostera sobre la carrera administrativa. El Diputado defiende la aprobación de esta Proposición de ley en base a que hay que hacer de la función pública una profesión que él califica de “honrosa y honrada”, que había que dignificarla. Que sea una profesión despolitizada, exenta por completo de las influencias y oscilaciones políticas y basados en unos criterios de mérito y capacidad en el ingreso y ascenso en la carrera administrativa.The administrative career of public officials is part of the series of reforms of the constitutional legal regime and the change of legal principles that comprise it, with the elaboration of the subjective public function, as opposed to the deflated objective public function configured in the Old regime. It is predicated that access to the public function must be carried out by virtue of the principles of merit, equality and capacity. Therefore, historically, the organization of the administrative career arises as an alternative to the appointment of officials by free appointment of political power. In the year 1876 a proposal of law of Mr. Puig y Llagostera on the administrative career was debated in the Congress of Deputies. The Deputy defends the approval of this Proposition of law on the basis of which it is necessary to make of the public function a profession that he qualifies as «honorable and honored», which had to be dignified. That it be a depoliticized profession, completely exempt from political influences and oscillations and based on criteria of merit and capacity in the entry and promotion of the administrative career.

scholarly journals Urgency of the Public Services Supervision on the Regional Government Implementation

2020 ◽  
Vol 4 (2) ◽  
pp. 84-88
Author(s):  
Ida Ayu KETUT KARYANI ◽  
I Wayan PARSA
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Providers ◽  
Regional Government ◽  
Public Officials ◽  
The Public ◽  
Government Supervision ◽  
Service Sectors ◽  
The Government

This study examined the supervision of public services as stipulated in Law 25 of 2009, namely regarding public services and Law 23 of 2014 concerning regional government. Supervision carried out in the law is to give authority to each of the existing institutions or institutions, causing overlapping existing authority. Giving authority to officials will give birth to the rights and obligations to achieve the goals and intentions specified in the legislation. The rise of corruption cases occurs because of the weakness of existing supervision of government administration, especially in public services. In this case corruption will foster public distrust of public services. The form of maladministration carried out by public service providers is always associated with behavior in services performed by public officials and the norms of behavior of officials in public services. In addition, these problems are also caused by the opportunities and authority given to be abused and the low quality of public services in various service sectors. Supervision of public services can provide certainty about the public services provided by the government whether it has been running according to targets and objectives and is a way to find out as early as possible maladministration that might occur so that effective and accountable government can be realized.

scholarly journals The public finance management act as a reform measure to capacitate public officials

2002 ◽  
Vol 5 (1) ◽  
pp. 219-232
Author(s):  
D. J. Fourie
Keyword(s):  
Human Resources ◽  
Human Resource Development ◽  
Public Service ◽  
White Paper ◽  
Alternative Methods ◽  
Public Officials ◽  
Public Servants ◽  
The Public ◽  
Finance Management ◽  
The People

The urgent need to develop South Africa's human resources in the public service has been conceptualized in many policy documents. The underlying objective of efforts to strengthen the human resources in the public sector, is the delivery of effective services to the people of South Africa. In line with the White Paper on the Transformation of the Public Service, 1995, the effective mobilization, development and utilization of human resources are stressed as important factors in the transformation of the public service because of their contribution to individual and institutional capacity to ensure effective governance. Financial resources are important in order to develop and sustain the skills of the public servants; however, there is a tendency to cut the budget for human resource development programmes. Alternative methods should be developed to obtain additional sources of income.

On the Legitimacy of National Interests of Sponsoring States: A Deep Sea Mining Conundrum

2020 ◽  
pp. 1-18
Author(s):  
Klaas Willaert
Keyword(s):  
Deep Sea ◽  
Mineral Resources ◽  
Decisive Role ◽  
Legal Framework ◽  
National Interests ◽  
The Public ◽  
Domestic Legislation ◽  
National Jurisdiction ◽  
The Common ◽  
International Instruments

Abstract Beyond national jurisdiction, the deep seabed and its mineral resources are designated as the ‘common heritage of mankind’. Nevertheless, the governing legal framework does not only consist of international instruments, as domestic legislation issued by sponsoring States also plays a decisive role. The legitimacy of certain national provisions can be questioned though, taking into account the duty to carry out activities in the Area for the benefit of mankind as a whole. For instance, can a sponsoring state demand that the proposed mining activities are in the public interest of the State? Are they allowed to generate revenue by introducing a recovery fee or other taxes? Should developing States enjoy more leeway, given the particular consideration for their interests and needs in the Law of the Sea Convention? This article analyses to what extent creeping national interests in domestic legislation on deep sea mining are in accordance with international law.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

scholarly journals Conflict of Interest in the Administrative Contracts in Albania

2016 ◽  
Vol 12 (34) ◽  
pp. 182
Author(s):  
Adriatik Llalla ◽  
Fjorida Ballauri
Keyword(s):  
Public Service ◽  
Conflict Of Interest ◽  
Public Official ◽  
Public Officials ◽  
The Public ◽  
Private Interests ◽  
Political Interests ◽  
Domestic Legislation ◽  
Personal Interests ◽  
Public Decision

In Albania the issue of conflict of interest is present at today’s public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, their family members, relatives or other persons, in case they share economic or political interests with them. In Albania, the domestic legislation provides restrictions and prohibitions for several private interests of the officials exercising public functions, depending on their functions, responsibilities and competencies in public decision-making. Also, the law provides specific prohibitions and restrictions in cases of entering into administrative contracts, considering a contract as a special public decision, which is vulnerable to be damaged by the action of officials’ private interests. This paper aims to make an analysis of the legislation in terms of restrictions of private interests of public officials to prevent specific cases of conflict of interest while concluding administrative contracts. Also, the paper leads to conclusions on how conflict of interest is related to other criminal offences like abuse of office, corruption or violation of equality of participants in public tenders or auctions etc.

scholarly journals PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI

2020 ◽  
Vol 6 (2) ◽  
pp. 450-475
Author(s):  
Debiana Dewi Sudradjat
Keyword(s):  
Public Service ◽  
Family Members ◽  
Legal Profession ◽  
Civil Code ◽  
Empirical Approach ◽  
Legal Basis ◽  
Public Officials ◽  
The Public ◽  
The Republic ◽  
Traditional Communities

The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws.  These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force.  Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.

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