scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

2020 ◽  
pp. 132-139
Author(s):  
А. В. Іваниця

The relevance of the article is that in the conditions of constant changes and development of legislation the issue of analysis of new legislation on the conceptual apparatus, features and characteristics of new state institutions, civil service in general and service in the national police in particular is quite relevant. The purpose of the article is to establish the peculiarities of the interpretation of the concept of civil service and service in the police, as well as to present the features of such service. The study analyzes the scientific achievements, which includes the definition of the concepts, features and content of civil service and police service. There is an interpretation of the concept of «service» in the scientific literature and encyclopedic or dictionary publications, it is argued that due to the diversity of the interpretation in the literature there are many examples of interpretation of this definition. The opinions of M. Bilynska, O. Yevmeshkina, I. Surai on the definition of the term «service» and its inherent features are noted, the position on these issues is also highlighted by M. Tsurkan. The article analyzes the concepts of «civil service», proposed by V. Malinovsky, N. Sidorenko, A. Britko, Y. Bytyak, S. Dubenko, Y. Obolensky, M. Inshin, T. Pakhomova, V. Averyanov, L. Stelmashchuk. The erroneous identification of the civil service with the public service is pointed out, as there are so-called political positions that do not belong to the civil service, but are an element of the public service. Emphasis is placed on the features of the civil service (activities to perform the tasks and functions of the state; activities are professional, public, politically neutral and carried out at the expense of the state budget). It is emphasized that the concept of «civil service» is also interpreted in a narrow and broad sense. The study reveals whether police service belongs to the general system of civil service, as well as signs of service in law enforcement (a specific type of human activity, which is implemented in the interests of society; the state determines the boundaries, forms and methods of this activity such a service is a professional activity, etc.). These are laws that define the definition of civil service and police service («On Civil Service» and «On the National Police»).


2020 ◽  
pp. 33-36
Author(s):  
Mariia HORDIICHUK ◽  
Nadiia KOTENKO

Introduction. With the implementation of public sector reforms in Ukraine, issues of increasing public confidence in the civil service as a whole and its representatives - civil servants - in particular, are updated. Ethical education measures for both existing and future civil servants (which over time must be filled by the ranks of state bodies - students and cadets of specialized universities) are highlighted. From the very beginning, future civil servants have the need to form and maintain a positive image of the representatives of the state apparatus, using the best examples of service to the people and the state, patriotic, highly professional and conscientious civil service. In Ukraine, as in all EU countries, the assessment of the effectiveness of public authorities is directly linked to the level of trust in relations between society and government, in the formation of which the image of public servants formed in the public consciousness is of paramount importance. In turn, personal experience of interacting with specific officials is often equated with the image of the public service as a whole. Thus, the image of a particular civil servant depends largely on the image of the entire public service. Purpose. This scientific article focuses on the problem of forming the image of the modern Ukrainian civil servant as one of the indicators of the effectiveness of the civil service as a whole. Results. It is established that the positive image of a civil servant in Ukraine is not so much in an unstable position as it is in general unformed. Even the creation of new government bodies and the practice of recruiting individuals after numerous competitions and inspections have failed to create a positive image of these bodies and their employees in the population. Conclusion. To create and maintain a positive image of a civil servant, it is advisable to use the following measures: setting up public relations, increasing the openness of civil servants; cooperation with non-governmental organizations, public institutions; control over the performance of their duties by the state enhancement of ethical education of civil servants, starting with high school; rigorous selection for the civil service, taking into account the competence, communication skills and external qualities of the future civil servant; providing services to coaches specializing in management, etc.


Upravlenie ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 11-23 ◽  
Author(s):  
M. V. Mirzoyan ◽  
E. V. Vasileva

The level of development of the state as a whole depends on the professionalism of public servants, because the public servants participate in all processes of making state decisions and their further implementation. Professional staff can ensure successful implementation of all government development programs, because the personnel potential is thus the driving element affecting all the processes taking place in the state apparatus.The purpose of this paper is to identify the weaknesses of the management of the civil service personnel and to determine the methods for assessing competencies and labor functions of civil servants of Armenia. While carrying out the scientific research, the tasks were set to study the best foreign practices in the management of public servants’ competencies, to conduct a survey among public servants to look at the issues from their perspective, and to determine the most popular competencies in the civil service. Within the scope of the research international practice of personnel management in the public service as well as some related legal acts have been studied, and an internal survey has been conducted among the civil servants of the Republic of Armenia (40 people), including the civil servants from the State Social Security Service and the Ministry of Territorial Administration of Kotayk region.The study has revealed, that in Armenia personnel potential management in the public service sector is carried out at a rather low level, which requires fundamental changes. In that respect, timely and efficient staff training has been offered along with the implementation of competency assessment methods to job requirements. Also features of the ontological approach in solving the problems of personnel formation have been presented in the paper.


2015 ◽  
Vol 3 (2) ◽  
pp. 104
Author(s):  
Salami Issa Afegbua

Public service accounts for a substantial share of a country’s economic activity. It is designed as an agent of fruitful change and development in the state. The transformation of any society or system depends on the effectiveness and efficiency of its civil service. The article examines the nature of professionalization and innovation in Nigerian public service. It argues that professionalization in the public service is an overarching value that determines how its activities will be carried out. The article note that various attempts have been made in Nigeria to professionalised and encourage innovation in the public service, but these have not bring about the expected changes in the public service. It therefore advocates for professionalization and innovations as panacea to the ills of public service in Nigeria. The article concludes that no public service can meet the challenges of the twenty first century without a stronger commitment to the professionalization of its workforce.


2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions


2015 ◽  
Vol 4 (1) ◽  
pp. 1 ◽  
Author(s):  
Fakhrul Islam ◽  
Anindyta Deb Ananya

Corruption exists within and between government organizations as the form of bribing, swindling, favoritism and many other forms which destroys the public morale. It spreads its greedy clutches all over the country; Government officials are engaged in corruption for greed for power, selfishness, wealth and money. This paper is an attempt to identify the forms of corruption in civil service and how ethical code of behavior to reduce the level of malfunctions. Social survey method has been followed for this study where the factor has been explained to know the perception of general people. The study finds that lack of accountability and transparency, dishonesty, nepotism and favoritism are also responsible for corruption and made suggestions to combat corruption in Bangladesh based on the perception of civil servants and the general people.Keywords: corruption, public service, ethics, people’s perception


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.


2021 ◽  
Vol 26 (4) ◽  
pp. 194-201
Author(s):  
Sergey P. Koval’ ◽  
Oksana Yu. Taibova ◽  
Mikhail Yu. Tsvetkov

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.


2014 ◽  
Vol 18 (3) ◽  
pp. 318-333
Author(s):  
S.J. Frankel

Summary In this paper, the author deals with the civil service rather than the public service. The two terms are not mutually exclusive, nor is the difference between them always clear. But a distinction can and should be made from the standpoint of employer-employee relations.


Author(s):  
М.М. Владимирова ◽  
Ф.Г. Мухаметзянова ◽  
А.Ш. Яруллина

В статье рассматриваются вопросы, связанные с педагогическими основами подготовки кадров для гражданской службы на примере Республики Татарстан (РТ) в контексте их профессионального становления и развития. Тенденции развития современного российского общества, как глобализация и цифровизация, повышают требования не только к интенсивности работы государственных служащих, но и развитию их как субъектов профессиональной деятельности. Ведущая идея статьи заключается в том, педагогическими основами профессионального развития молодых госслужащих является не только система основного и дополнительного образования, но и институт наставничества, что актуализирует вопросы субъектно-ориентированного подхода и развитие госслужащих как субъектов профессиональной деятельности через различные системы их подготовки и переподготовки. В этой системе подготовки и переподготовки госслужащих особое внимание уделяется институту наставничества на основе теоретического анализа изучаемой проблемы и результатов пилотного исследования. The article examines issues related to the pedagogical foundations of training personnel for the civil service on the example of the Republic of Tatarstan (RT) in the context of their professional formation and development. The development trends of modern Russian society, such as globalization and digitalization, increase the requirements for not only the intensity of the work of civil servants, but also their development as subjects of professional activity. The leading idea of the article is that the pedagogical foundations of the professional development of young civil servants are not only the system of basic and additional education, but also the institute of mentoring, which actualizes the issues of the subject-oriented approach and the development of civil servants as subjects of professional activity through various systems of their training and retraining. In this system of training and retraining of civil servants, special attention is paid to the institution of mentoring on the basis of a theoretical analysis of the problem under study and the results of a pilot study.


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