scholarly journals Rights of civil servants as the basis of their legal status

2021 ◽  
Author(s):  
I. Adamska
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Labor Relations ◽  
Natural Rights ◽  
Civil Servants ◽  
Social Benefits ◽  
Professional Activity ◽  
Public Servants ◽  
Public Servant ◽  
The Individual

Problem setting. The civil servant is one of the main objects of public service reform and, at the same time, its subject. This is due to the fact that civil servants, as representatives of the senior public service, are the main actors in the formation of reform policy in the field of public service, as well as, subject to regulatory legislation, catalysts for its implementation. At the same time, transformational changes affect the legal status of public servants, which in turn affects the formation of their rights and responsibilities. Recent research and publications analysis. It was found that the issue of the rights of public servants is insufficiently covered in recent research, which has led to the relevance of the selected issues. Highlighting previously unsettled parts of the general problem is to reveal the essence and content of the rights of public servants as a fundamental component of their legal status. Paper main body. Research has shown that the legal status of a public servant should be understood as a system of rights granted to him, as well as a set of responsibilities imposed on him, including certain incentives, prohibitions and restrictions, as well as measures of legal liability for non-compliance or improper level of performance of professional duties assigned to him in accordance with the job description. The essence of the concept of “rights of a public servant” should be understood as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. Conclusions of the research and prospects for further studies. It is concluded that the rights of a public servant can be disclosed as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. There are three levels (aspects) of the rights of civil servants, namely: private law; Labor Law; public law. Thus, private law ensures the freedom and autonomy of the individual, the independence and autonomy of the individual. Labor relations arising in the activities of public servants are an element of the general system of labor law. At the same time, public servants perform their job functions personally and must obey the rules of official discipline, which are established at both the local and state levels. In the course of using the labor of public servants, labor relations arise, which, however, are characterized by the peculiarity of official functions and the level of responsibility for decision-making of state importance. Prospects for further research are the analysis of the state of protection of the rights of civil servants in modern Ukraine, the study of improving the organizational protection of the rights of civil servants and compliance with the rights of civil servants as an optimization tool for building an effective state in Ukraine.

Public Service Motivation in Buffy the Vampire Slayer

Public Voices ◽  
2016 ◽  
Vol 12 (1) ◽  
pp. 67 ◽  
Author(s):  
Sharon Mastracci
Keyword(s):  
Popular Culture ◽  
Public Service ◽  
Public Service Motivation ◽  
Public Servants ◽  
Buffy The Vampire Slayer ◽  
The Public ◽  
American Popular Culture ◽  
Public Servant ◽  
Definition Of ◽  
The Individual

In this paper, the author examines public service as depicted in the television series Buffy the Vampire Slayer (BtVS). First, she shows how slaying meets the economist’s definition of a public good, using the BtVS episode “Flooded” (6.04). Second, she discusses public service motivation (PSM) to determine whether or not Buffy, a public servant, operates from a public service ethic. Relying on established measures and evidence from shooting scripts and episode transcripts, the author concludes Buffy is a public servant motivated by a public service ethic. In this way, BtVS informs scholarship on public service by broadening the concept of PSM beyond the public sector; prompting one to wonder whether it is located in a sector, an occupation, or in the individual. These conclusions allow the author to situate Buffy alongside other idealized public servants in American popular culture.

scholarly journals REMUNERATION OF PUBLIC SERVANTS IN THE FEDERAL REPUBLIC OF GERMANY

2019 ◽  
Vol 4 (5) ◽  
pp. 228
Author(s):  
Larysa Nalyvaiko ◽  
Galiya Chanysheva ◽  
Serhii Kozin
Keyword(s):  
Federal Republic ◽  
Public Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Structural Method ◽  
Federal Republic Of Germany ◽  
Public Servants ◽  
Legal Method ◽  
Public Servant ◽  
The Law

The aim of the article is to determine the specificities of the remuneration of civil servants in the Federal Republic of Germany. The subject of the study is the remuneration of civil servants in the Federal Republic of Germany. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to interrogate the development of the institution of the remuneration of civil servants in the Federal Republic of Germany. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration of civil servants of the Federal Republic of Germany. Methods of analysis and synthesis helped study certain parts of this institute to formulate further conclusions about its most optimal functioning. The logicsemantic method was used to determine the content of the principles of “ensuring a decent standard of living for a public servant,” “equality of public service actors” and “allowance/supplies”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation and the legislation of the Federal Republic of Germany on the issue. Practical implications. The determination of the specificities of the remuneration of public servants in the Federal Republic of Germany enabled to make recommendations for improving the remuneration system of this category of employees in Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration of public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration of public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration of public servants are substantiated in comparison with other categories of employees. The study of the positive experience of Germany enabled to suggest: to adopt a special legal regulation on the remuneration of public servants in Ukraine, that is, the Law of Ukraine “On Remuneration of Public Servants”; to provide in the norms of the Law of Ukraine “On Public Service” the allowances for the professionalism of a public servant; to provide public servants with the opportunity to carry out another paid activity subject to the special permission of the head of a state body.

Standardization of the Involvement of Relatives in Public Service: Fighting Corruption or Interfering with Privacy?

2019 ◽  
Vol 10 (4) ◽  
pp. 985
Author(s):  
Tetiana KOLOMOIETS ◽  
Yevhen KURINNYI ◽  
Serhii KUSHNIR ◽  
Petro DIKHTIIEVSKYI ◽  
Petro DIKHTIIEVSKYI ◽  
...  
Keyword(s):  
Public Service ◽  
Semantic Analysis ◽  
Legal Regulation ◽  
Professional Activity ◽  
Public Servants ◽  
Her Family ◽  
The Public ◽  
Private Interests ◽  
Public Servant ◽  
Depth Study

The search of effective ways of preventing corruption in all its manifestations in the public service should be directly related to the in-depth study and formation of common standards of legal regulation of "involvement" of close persons of public servants in his professional activity, the special nature of personal relations which creates preconditions for possible use (as well as his or her relatives) of public service for his private interests. The purpose of the work is to highlight the problematic aspects of the legal regulation of the principles of "involvement" of close persons in public service relations and to formulate proposals for the formation of uniform standards for the regulation of such relations. The research methodology of this article is a combination of general scientific and specific methods of scientific knowledge. The dialectical method was chosen as the basic method, and the methods of semantic analysis, logical-legal and comparative-legal, forecasting, modeling were additionally used. Justifying the different degree of "attachment" of close persons to the professional activity of a public servant to find out the possible prerequisites and manifestations of the use of the latter benefits and advantages of the public service to satisfy private interests, it is proposed to regulate the relations of lifestyle monitoring, full verification of the finance declaration with taking into his or her family, and "gift" relationships of relatives, normalizing patterns of their possible behavior.  

scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Legal Status ◽  
Professional Activity ◽  
Public Confidence ◽  
The European Union ◽  
Association Agreement ◽  
Public Servant ◽  
The Government ◽  
The Right

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

scholarly journals Formation of moral and ethical bases of public service in Ukraine

2020 ◽  
Vol 8 (6) ◽  
pp. 90-97
Author(s):  
Nataliya Sorokina
Keyword(s):  
Organizational Culture ◽  
Public Service ◽  
Legal Regulation ◽  
External Control ◽  
Service Development ◽  
Professional Activity ◽  
Management Service ◽  
Public Servants ◽  
Public Servant ◽  
Central Level

The article is devoted to the definition of priority areas for improving the moral and ethical foundations of public service and substantiation of the algorithm of their formation. It is revealed that the important qualities that are necessary for a public servant in professional activity are the ability to self-organize, to have the skills of self-management, the ability to rationally set goals, bordering on high rates of intellectual development and education.The algorithm of formation of moral and ethical bases of public service which is offered to consider through a administrative cycle consisting in consistent and complex realization of functions of management, such as: planning (development of the Concept of formation of moral and ethical bases of public service and a complex of actions for its realization) is substantiated; organization and coordination (creation of a "strong" organizational culture; creation of coordinating bodies; organization of continuous professional and ethical education and self-education); motivation (application of moral and psychological methods of motivation; providing public servants with a decent level of remuneration, which will depend on the results of their work; encouragement of creative initiatives, etc.) and control and evaluation (internal and external control over ethical principles, norms, standards of behavior; use of tools for assessing the level of formation of moral and ethical competencies of a public servant).The priority directions of improvement of moral and ethical bases of public service by: legal regulation of the given question (development and acceptance of the Code of Ethics of the public servant at the central level and Rules of ethical behavior in each separate body of public power) are defined; creation of special structural units (Department of Public Service Ethics at the central level and separate departments or specialists in the field personnel management service); development of organizational culture; updating the content of programs of professional and ethical training of public servants and their self-education; improving the motivation of professional activity of public servants; implementation of systematic control and assessment of the level of formation of moral and ethical competencies of a public servant.

Legal status of the head of public service in the state body as a subject of public service legal relations

2021 ◽  
pp. 118-122
Author(s):  
O. Stets
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Power Functions ◽  
Public Servants ◽  
The Public ◽  
Administrative Functions ◽  
Public Servant ◽  
The Status ◽  
Degree Of Participation ◽  
State Body

The article is devoted to the study of the essential features of the head of the public service in a state body as a subject of public service legal relations. It is found that depending on the nature of the powers that determine the role and degree of participation of public servants in the exercise of public power functions, there will be a different range of rights and responsibilities of managers, specialists, executors. Given the great diversity of public servants, the scope of their powers affects the content of the legal status of a public servant, but not the fact of his belonging to the public service. It is established that the head of the public service in a state body has: a) the general status of a citizen of Ukraine; b) sectoral status within the framework of official law – the status of a public servant; c) a special status within the framework of official law, which is mediated by the nature of the powers granted – the status of the head of the public service in a state body. The substantive features which characterize a public servant who has acquired a special legal status of the head of the public service in a state body are singled out: 1) he is assigned to public servants; 2) he holds the highest position of public service in a state body; 3) he is obliged to perform a special type of duties that are an element of authority: a) in matters of public service and b) organization of work of other employees in this body. Attention is paid to the fact that each head of the public service in a state body is an official authorized to perform organizational and administrative functions, but not every official is the head of the public service in a state body. A possible algorithm for finding a higher position in a state body is identified: a) if there are positions in a state body that fall into different categories, the highest position in a state body will be held by the public servant who replaces a category “A” or “B” (in the absence of positions classified in category “A”); b) if there are positions in a state body that are assigned to one category, the highest position will be held by the public servant whose position is assigned to the highest subcategory.

Public Service Motivation in Public Administrations

2020 ◽  
Author(s):  
Wouter Vandenabeele ◽  
Carina Schott
Keyword(s):  
Public Service ◽  
Social Institutions ◽  
Public Service Motivation ◽  
Interaction Patterns ◽  
Public Performance ◽  
Public Servants ◽  
Individual Level ◽  
Public Servant ◽  
The One ◽  
The Individual

Public service motivation (PSM) refers to an individual’s motivation to contribute to society. It relates to ideas about society, and about what public servants are and how they should behave, that have persisted for more than 2,500 years. Despite this heritage, PSM was only formally conceptualized in the 1990s. The concept of PSM has traditionally been linked to several beneficial outcomes, such as public performance and public servants’ satisfaction, but recently also to negative outcomes, such as burnout and rule-breaking. While PSM is an individual-level concept, the role of the social environment is crucial to understanding PSM. On the one hand, social institutions play an important role in creating individual-level PSM through socializing mechanisms. Institutions such as the family and workplace, and other structured value-based interaction patterns, correlate with the prevalence of individual PSM. On the other hand, to render outcomes, interaction with the environment—in terms of fit—is necessary, because PSM cannot exert influence outside a context where public values are prominent. As most research focuses on public servants in their work environment, this fit mostly entails a match of the individual public servant with the organization or the job. If this fit is lacking, little or no PSM occurs. Although PSM research was initially a theoretical and psychometric exercise, it is increasingly put to practical use.

PREPARING PUBLIC SERVANTS IN EUROPEAN COUNTRIES: ARCHETYPAL APPROACH

2018 ◽  
Vol 1 (14) ◽  
pp. 255-263
Author(s):  
Oleh Ivanovich Rohulskyi
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Professional Training ◽  
European Countries ◽  
Anglo Saxon ◽  
Public Servants ◽  
German Model ◽  
Managerial Positions ◽  
A Chain ◽  
The Individual

The article describes the main components of the institutional framework of an archetypical approach to public administration. It is determined that the system of preparation of public servants is based on a chain of universal foundations of archetype, in particular, it is influenced by the principle of formation of personnel in the public service, formed on the basis of public opinion. Based on two basic principles relating to admission to public service, three basic models of training civil servants in the European country are defined: German. French and Anglo-Saxon. We analyze each of the models and define the archetypes that influenced their formation and development. The advantages of each model are determined, in particular, the benefits are: the German model of training managers is the balancing between the theoretical knowledge and practical skills that a public servant receives during training, but as a disadvantage one can distinguish the orientation of preparation for legal orientation, which limits the ability to hold managerial positions for many employees The French model of professional training of public servants should include a well-balanced understanding of tasks, namely: decentralization and territorial organization of public services, communication, support of territorial communities, in-depth knowledge and understanding of the need for cooperation with institutions of the European Commonwealth, high-quality human resource management and orientation towards environmentally friendly innovations, such a model of training of public servants is holistic, costly and effective; The Anglo-Saxon model of training of public servants is its orientation towards the implementation of the concept of public administration and the individual approach to employee training, taking into account all the specifics of its activities, providing for the formation of personnel capable of solving specific problems. It is concluded that today in most European countries dominated by mixed models that include elements of different models.

Professional and Communicative Proficiency of a Mentor as a Tool of Image Building in Public Service

Communicology ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 74-88
Author(s):  
D.A. Kemenev
Keyword(s):  
Public Service ◽  
Role Models ◽  
Communicative Competence ◽  
Public Servants ◽  
Scientific Publications ◽  
Communicative Skills ◽  
The Public ◽  
Public Servant ◽  
Professional Business ◽  
Image Building

The article investigates the imageological aspect of mentor’s communicative competence in public service and reveals the communicative functions of mentor’s image in relation to the mentees. The author determines the communicative skills necessary for the mentor in all processes and stages of this personnel technology. Based on the analysis of scientific publications, the author discloses and justifies the role models of mentor’s behavior in relation to the mentees from the perspective of the mentor’s image, authority, and communicative competence. The author has conducted an expert survey among public servants, which allowed identify the main professional, business, moral, psychological, and integral qualities that are the most effectively developed by the public servant in the process of performing mentor’s functions. As a result, the author suggests a structural-logical model of the communicative competence of a mentor in the public service in the process of perceiving its communicative knowledge, skills, and competencies for achieving the effectiveness of mentoring.

scholarly journals Civil Servants Performance Analysis of Education, Youth And Sports Department in Bantul District 2017

2019 ◽  
Vol 3 (1) ◽  
pp. 35
Author(s):  
Surya Jaya Abadi ◽  
Muhammad Eko Atmojo ◽  
Helen Dian Fridayani
Keyword(s):  
Human Resources ◽  
Public Service ◽  
Good Governance ◽  
Health Workers ◽  
Civil Servants ◽  
Public Servants ◽  
Organization Management ◽  
Institutional Aspects ◽  
Bureaucratic Reform ◽  
And Training

Bureaucratic reform is an effort to reform and change fundamentally in a system of governance that involves institutional aspects (organization), management (business process) and human resources apparatus to realize good governance. In Law No. 5 of 2014 concerning the State Civil Apparatus where has a function as the executor of public policy and public servants. The lack of civil servants within the Bantul Regency Government, such as teachers, health workers and technical personnel, are caused by the presence of retired employees and the enactment of the civil servants candidate (CPNS) moratorium policy which causes the workload (ABK) figures of an organization and employees to be heavier than before which can affect public service quality. The method used in this study is descriptive qualitative. The results showed that the performance of civil servants in the Education, Youth and Sports department was very good, besides that the arrangement of work plans was also in accordance with the standards of the organization. However, there are some obstacles, especially in the timeliness of completing assignments, and the ideas or initiatives of civil servants in delivering ideas are still lacking. Meanwhile, the factors that influence civil servants performance in carrying out their tasks are lack of human resources, the presence of seniority and the lack of awareness of ASN about the importance of implementing education and training.

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