scholarly journals Professional activities of judges as a public service

2020 ◽  
Vol 45 (2) ◽  
pp. 161-167
Author(s):  
Yuliia Hurtova

The article analyzes the possibilities of interpreting the professional activity of judges as a kind of public service in public administration practice in Ukraine. Approaches to the interpretation of the public service and its types are analyzed. Arguments about the peculiarities of official relations in the judiciary are presented. The author substantiates the position that the judicial service is not sufficiently institutionalized. Obviously, there is a mix of different shades of service, there is a combination of official and state relations. It is emphasized that the professional activity of judges is carried out in the authorities, is paid at the expense of public funds, the content of the activity consists of the performance of tasks and functions of the state. This category of persons requires a basic law on public service in Ukraine. According to the author, the service in the judicial authorities (in this case we are talking about judges), which has its specific goals, tasks, functions, is of a public nature, should have its legal basis and be called a service in a public judicial position.

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 ◽  
Vol 2 (4(106)) ◽  
pp. 146-151
Author(s):  
В. В. Ріхтер

The Constitution of Ukraine contains mandatory requirements that a person applying for the position of a judge must meet. Given that the judiciary is the judiciary, whose activities are related to the restoration of violated rights, these functions can be performed only by persons who meet all the requirements established by the Basic Law and regulations governing the social status of judges in Ukraine. However, recalling the requirements for judges, the principle of ensuring the independence of judges in Ukraine should also be disclosed. The purpose of the article is to reveal the public administration of ensuring the independence of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article stipulates that in order to properly ensure the independence of judges it is necessary to carry out effective, optimal, comprehensive public administration, which by its nature in this area is to exercise power and organizational and support activities of public administration in a special way to protect legal status, immunity and professional interests of a judge, which constitute his independence in legal relations. It was found that the independence of a judge is a special, intra-judicial state of protection and independence of a judge, which is regulated by law and consists in determining the legal status of a judge regarding his professional immunity and immutability, creating conditions for ensuring a judge's professional activity. and other factors that may adversely affect professional activity. It was emphasized that the state of the domestic judicial system, in particular the observance of the principle of independence of judges, has long passed into the category of problems that are of particular concern to Ukrainian society. No one doubts the need to rectify this problematic situation, but all the measures taken, including the implementation of the relevant tasks of judicial reform, have not yet had a significant impact on ensuring the real independence of judges.


If an organization decides to introduce a new method or an instrument, it must compare the costs of implementing it with the benefits that the method would bring. This is true for public service organizations as well, mainly because of the fact that they manage public funds. The introduction of these methods can help increasing efficiency in the spending of public funds. If businesses want to survive and prosper in the public sector under the current global and competitive environment, they have to change their way of thinking and managing. It is common to see efficiency as a key problem in the public sector. The present paper deals with several methods of efficiency evaluation and tries to describe some of them. Based on our own research, methods of efficiency are divided into 5 groups. Each group is described separately, while the methods that we looked at, we can include cost-minimizing analysis (CMA), Technique for Order Preference by Similarity to Ideal Solution (TOPSIS), Common Assessment Framework (CAF), marketing mix in public administration products and many others. There are several methods which can be used for efficiency evaluation. Each situation should be analyzed individually and therefore we are not able to choose one of them and say it is the best or most appropriate.


2020 ◽  
Vol 31 (3) ◽  
pp. 263-285
Author(s):  
Claudia Petrescu ◽  
Flavis Mihalache

Public services represent an important dimension of quality of society, as they create the contextual conditions for people to further their quality of life. Romanian public administration reform has brought about a constant institutional transformation, which has influenced both the specific features and the quality of the services. This article aims to analyse trends regarding the perceived quality of public services in Romania, in European comparative perspective, using the data of the European Quality of Life Survey (2003–2016). The article aims to understand the low satisfaction with public services in Romania against the background of the public service reform measures taken by government in this period. The article describes the context of Romanian public administration and public service reform, the most important public policy measures adopted and the most important challenges. The lack of vision in the public service reform, the partial introduction of reform elements, the permanent and, sometimes, conflicting changes are issues that may have influenced the way in which the population perceives the quality of public services. The decentralisation process of public services and the insufficient allocation of public funds for delivering such services at local level might have an impact on their quality and quantity perceived by the population. Keywords: public services; public administration reform; citizens’ satisfaction; New Public Management; New Weberianism.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


2019 ◽  
Vol 4 (3) ◽  
pp. 209-216
Author(s):  
Valerii Bakumenko ◽  
Oleksiy Krasnorutskyy ◽  
Anatolii Hatsko

The modernization of the management system and the knowledge management model is needed in the context of the public administration reform, taking into account the concept of decentralization and Good Governance. That is why the article focuses on the author’s approach to substantiating the formation of a modern knowledge system in public management and administration in Ukraine. It is proved that the approach to the knowledge system formation should be based on the identification of the needs of public administration objects. The need to comply with the necessary diversity law for a management subject of public entity regarding its knowledge of the entity has been identified. The content of the principle «from general to specific» for the objects of public administration is considered. The formation structure of the basic knowledge system in the public sphere is presented, which unites a number of blocks. The first block deals with the system of basic knowledge of public management and administration. The second block deals with the idea of a public authorities system at different levels. The third block concerns the formation of basic knowledge about public service. The fourth block concerns the formation of a basic knowledge system about current trends in the development of domestic public administration. The fifth block deals with the knowledge about the development and implementation of public policy and implementation of public administration. The sixth block deals with the consideration of public administration as a deliberate activity to establish internal procedures and processes in public administration to ensure their smooth functioning. The seventh block concerns the knowledge system for ensuring social stability. The eighth block is a glossary of basic terms and the ninth is a bibliography. The proposed approach is the scientific substantiation of the development of educational and professional programs of the basic textbook and standards for the specialty 281 – «Public Management and Administration». Keywords: knowledge, public administration, the necessary diversity law, public policy, public service, public authorities, public stability.


2019 ◽  
Vol 2 ◽  
pp. 15-23
Author(s):  
Юліана МАЛИК

One of the most important terms for the development of modern Ukrainian society is the need for training such experts in any field, which are able to carry out their professional activity effectively, especially in conditions of the constant changes in the social and economic environment. Reforms in many spheres of Ukrainian society's life cause the needs for highly qualified specialists of the new generation who, after graduating from higher education establishments, receive, in addition to deep theoretical knowledge, practical training for performing high-level professional activities that will lead Ukraine to new world standards. Thus, in this article author exposes current tendencies of professional training for specialists in public administration. The professional activity of managers in any field is considered as a system of actions aimed at solving professional tasks within the framework of management communication. The author emphasizes that taking into account the current trends that have been studied in this scientific work, it is important to notice that the field of public administration is a complex formation of interrelated elements and the effectiveness of this will depend on a qualitative system of professional training for future specialists.


2019 ◽  
Vol 2 (4) ◽  
pp. 275-282 ◽  
Author(s):  
Curtis Ventriss ◽  
James L Perry ◽  
Tina Nabatchi ◽  
H Brinton Milward ◽  
Jocelyn M Johnston

Abstract This essay responds to the prevailing political environment of estrangement that can be seen in the growing distrust of public institutions, intensifying levels of political polarization, and rising support for populism, particularly in the United States. These trends have contributed to a diminished sense of publicness in public administration, including an erosion of public values and political legitimacy, and an increasingly cynical view of the value, role, and purpose of public service in the modern polity. We argue that public administration must respond actively to this estrangement and seek to repair and strengthen the links between democracy, public administration, and public values through scholarship, connections to practice and the public, and education.


2020 ◽  
Vol 16 (4) ◽  
pp. 393-410
Author(s):  
Tim A. Mau

PurposeThe public administration literature on representative bureaucracy identifies several advantages from having a diverse public service workforce, but it has not explicitly focused on leadership. For its part, the public sector leadership literature has largely ignored the issue of gender. The purpose of this paper is to rectify these limitations by advancing the argument that having a representative bureaucracy is fundamentally a leadership issue. Moreover, it assesses the extent to which representativeness has been achieved in the Canadian federal public service.Design/methodology/approachThe paper begins with a discussion of the importance of a representative bureaucracy for democratic governance. In the next section, the case is made that representativeness is fundamentally intertwined with the concept of administrative leadership. Then, the article provides an interpretive case study analysis of the federal public service in Canada, which is the global leader in terms of women's representation in public service leadership positions.FindingsThe initial breakthrough for gender representation in the Canadian federal public service was 1995. From that point onward, the proportion of women in the core public administration exceeded workforce availability. However, women continued to be modestly under-represented among the senior leadership cadre throughout the early 2000s. The watershed moment for gender representation in the federal public service was 2011 when the number of women in the executive group exceeded workforce availability for the first time. Significant progress toward greater representativeness in the other target groups has also been made but ongoing vigilance is required.Research limitations/implicationsThe study only determines the passive representation of women in the Public Service of Canada and is not able to comment on the extent to which women are substantively represented in federal policy outcomes.Originality/valueThe paper traces the Canadian federal government's progress toward achieving gender representation over time, while commenting on the extent to which the public service reflects broader diversity. In doing so, it explicitly links representation to leadership, which the existing literature fails to do, by arguing that effective administrative leadership is contingent upon having a diverse public service. Moreover, it highlights the importance of gender for public sector leadership, which hitherto has been neglected.


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