scholarly journals PECULIARITIES OF THE CONTENTS OF THE MATERIAL RESPONSIBILITY OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
pp. 16-19
Author(s):  
A. Korotkih

The article is devoted to a comprehensive analysis of the content of civil liability of civil servants, which is regulated by the rules of the current legislation of Ukraine on labor. The article focuses on the theoretical problems of determining the constituent elements that make up the content of such responsibility, and attempts to express these constituent elements of the content of liability in the form of a coherent system. Therefore, in view of all the above, we conclude that the peculiarities of the content of the civil liability of civil servants are expressed in the specifics of the legal status of such subjects of labor law, as well as in the peculiarities of the labor relations that arise between the civil servant and his employer. The peculiarities of the content of full or limited liability of a civil servant are disclosed in the specifics of the compensation of the damage caused by the employee, which depends directly on the subject to whom such damage was caused, namely: a) liability for damage caused to third parties; b) liability for damage caused to the state (employees guilty of damage to a state-owned enterprise, institution, organization of damage, bear financial responsibility: only in the presence of direct actual harm; regardless of bringing the employee to other types of legal liability for the same illegal acts that were damage to the state; to the extent that must be limited to a certain part of the civil servant's salary, but not more than his average monthly salary, except in cases provided for by law).

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.


2019 ◽  
Vol 3 (2) ◽  
pp. 99-116
Author(s):  
Arif Suhartono ◽  
H.M. Said Karim ◽  
Marwati Riza

The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but shall receive temporary dismissal pay. The amount of temporary dismissal pay is 50% (fifty percent) of the last salary as civil servant before being temporary dismissed in accordance with the laws and regulations. Temporary dismissal pay shall be received in the following month since the stipulation the temporary dismissal. On this basis, a comprehensive regulation is needed relating to supervisory oversight mechanism who made an omission against her subordinate civil servants who have committed disciplinary violations, especially those who were suspected of committing criminal act.


2020 ◽  
Vol 76 (1) ◽  
pp. 39-45
Author(s):  
V. V. Abroskin

The emphasis has been placed on the fact that the state has the main responsibility for the formation of state policy in the field of education and the development of effective mechanism for its implementation. The author has emphasized that without the development of effective mechanism for the implementation of the educational function of the state it will be impossible to ensure the proper functioning of all spheres of public life: political, economic, cultural, environmental, informational, law enforcement, etc. In this regard, it has been focused on the importance of clarifying the content of the educational function of the state, developing effective mechanisms for its implementation. The education has been offered to be understood as a complex process regulated by the norms of national legislation, to ensure its quality we create relevant entities, entitled to provide educational services, which allows recipients of such services to realize personal potential based on their abilities, interests, needs, motivation, capabilities and experience. It has been established that the understanding of education as the result or process is the feature of the expediency of legal interpretation of this term, since procedural issues related to the organization of the educational process, education, establishment and operation of educational institutions, education management, etc. are regulated by law, primarily by administrative law. As a result of revealing the essence of the categories “function of the state” and “education” the author has formulated own definition of the concept of “educational function of the state” as the direction conditioned by the social purpose of the state, during which the state (in the form of state and non-state subjects of educational activity) creates proper conditions to meet the needs of citizens for their intellectual, spiritual, physical and cultural development, to provide them with equal access to educational services, which, as a consequence, may lead to the achievement of the planned learning outcomes. The conclusion about the two-component purpose of the educational function of the state has been made. It has been substantiated that the implementation of the educational function of the state is mainly carried out with the help of administrative and legal tools. The characteristic features inherent in the educational function of the state as an object of administrative and legal regulation have been outlined. The author has distinguished the main prerequisites for ensuring the proper implementation of the educational function of the state: a) the existence of a coherent system of regulatory acts, the provisions of which determine the priority areas of the state educational policy and take into account European educational standards, while developing an effective mechanism for implementing regulations; b) clearly defined range of subjects of management in the field of education with the consolidation of their administrative and legal status at the legislative level; c) the system of financial and logistical support of procedures for the provision and consumption of educational services must be scientifically sound and take into account modern innovative tendencies in the education sphere; d) development of an effective mechanism for motivating the employees in the field of education to use innovative technologies.


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 1 (1) ◽  
pp. 246-265
Author(s):  
Wirza Fahmi ◽  
Mahdi Syahbandir ◽  
Efendi Efendi

Pasal 87 ayat (4) huruf b Undang-Undang Nomor 5 Tahun 2014 tentang Aparatur Sipil Negara menyatakan bahwa Pegawai Negeri Sipil diberhentikan tidak dengan hormat karena dihukum penjara atau kurungan berdasarkan putusan pengadilan yang telah memiliki kekuatan hukum tetap karena melakukan tindak pidana kejahatan jabatan atau tindak pidana kejahatan yang ada hubungannya dengan jabatan dan/atau pidana umum. Tujuan penelitian ini untuk  mengetahui, dan menganalisis kedudukan hukum terhadap Pegawai Negeri Sipil yang telah dijatuhi hukuman yang telah mempunyai kekuatan hukum tetap karena melakukan tindak pidana kejahatan jabatan dan konsekwensi yuridis terhadap Pegawai Negeri Sipil yang tidak Diberhentikan karna melakukan tindak pidana jabatan. Metode penelitian yang digunakan adalah  penelitian hokum empiris. Terkait Kedudukan Pegawai Negeri Sipil Yang Diberhentikan Secara Tidak Hormat Karena Melakukan Tindak Pidana Kejahatan Jabatan harus diberhentikan secara tidak dengan hormat dari jabatannya sebagai Pegawai Negeri Sipil. konsekwensi yuridis terhadap Pegawai Negeri Sipil yang tidak diberhentikan pemblokiran data base bersangkutan dalam Sistem Aplikasi Pelayanan Kepegawaian, sehingga tidak dapat diberikan pelayanan dalam pembinaan karirnya termasuk  tidak berhak untuk memperoleh kenaikan pangkat dan pensiun serta promosi jabatan.Article 87 (4) verse b of the Act Number 5, 2014 regarding Civil Servant (Official Apparatus) states that a civil servant is removed from office irrespectively as being punished or put in custody based on the permanent court decision due to committing official crimes or the crime having relation to official/or public crime. The purpose of this study is to know and analyze the legal status of Civil Servants who have been sentenced who have had permanent legal force for committing crimes of offense and juridical consequences against Civil Servants who are not dismissed for committing offense. The research method used is empirical law study. Related to Position of Civil Servant who was dismissed disrespectfully for Committing Crime of Official Crimes shall be dismissed with respect from his position as Civil Servant. The juridical consequences of Civil Servants who are not dismissed from blocking the relevant data base in the Staffing Service Application System so that they can not be given services in their career development including not being eligible for promotion and retirement and promotion of position.


2021 ◽  
Vol 4 (13(112)) ◽  
pp. 78-88
Author(s):  
Nazar Podolchak ◽  
Natalia Tsygylyk ◽  
Mariia Khim

Public service is a means to ensure interaction between the state and society. The well-being of the population directly depends on its effective functioning. As you know, the effectiveness of solving the tasks set is 80 % ensured by its leaders – civil servants-leaders. It is they who are the engine of positive changes and the guarantor of the effectiveness of the activities of the entire team. Therefore, in order to bring the civil service to a qualitatively new level of efficiency, it is necessary to change the approach to the formation of soft-skills and hard-skills of employees-leaders. For this, it is necessary to introduce a comprehensive system for the development of the necessary skills. It is worth, firstly, to apply the transfer of the best European technologies. Secondly, to take into account the realities of the post-industrial society. Thirdly, to take into account the opinion of the public. An example of the application of an integrated approach to the formation of an employee-leader is given. For this, an analysis of the system of training and advanced training of civil servants in a developing country, the leading countries of the European Union, the Organization for Economic Cooperation and Development – Germany, France, as well as the nearest country with positive experience of joining the EU – Poland. The skills and activities that contribute to the formation of a civil servant-leader both from the point of view of citizens and taking into account the competencies necessary for effective work are highlighted. For this, the methods of electronic sociological survey of public opinion between the ages of 18 and 60 were used in a sample of 1000 people with an average statistical dispersion of residence throughout the state and an analysis of literary sources. A system for the formation of an effective civil servant-leader with the use of technology transfer has been developed for implementation.


2020 ◽  
Vol 1 (1) ◽  
pp. 95-115
Author(s):  
Rizky Dian Bareta ◽  
Yogi Dwiyantoro ◽  
Purwadhi Adhiputranto

Civil servants have rights to get some facilities among them is the use the state assets. State assets that can be used by civil servants are state houses and state vehicles. The use of the state facilities have some requirement, like position on the organization. However, there are some binding conditions between the state and civil servants who use state assets in the form of rights and obligations in the use of the state assets. The purpose of this research is to analyze the relationship between these rules to form a complete understanding about the use of state assets as civil servant facilities by statute approach of normative research. The results of this research show that there is provision in the rules of the use of state assets about costs inccured in use of state assets like maintenance costs, operational costs, and tax costs. There are overlapping regulations that make the implementation of the management of state assets ineffective, such as the terminology of state house permission that is not recognized in PUPR minister regulation. Pegawai Negeri Sipil berhak memperoleh fasilitas salah satu diantaranya adalah penggunaan Barang Milik Negara. Barang Milik Negara yang dapat digunakan oleh Pegawai Negeri Sipil yaitu rumah negara dan kendaraan bermotor milik negara dengan syarat tertentu. Namun terdapat juga syarat yang mengikat antara negara dan Pegawai Negeri Sipil yang menggunakan aset negara berupa hak dan kewajiban dalam penggunaan aset negara tersebut. Penelitian ini bertujuan untuk meneliti keterkaitan peraturan-peraturan tersebut untuk membentuk sebuah pemahaman yang utuh mengenai penggunaan Barang Milik Negara sebagai fasilitas bagi Pegawai Negeri Sipil melalui pendekatan perundang-undangan dengan menggunakan metode penelitian normatif. Hasil penelitian ini menunjukkan bahwa dalam peraturan perundang-undangan mengenai penggunaan Barang Milik Negara terdapat pengaturan mengenai biaya-biaya yang timbul dalam penggunaannya yaitu biaya pemeliharaan, biaya operasional, dan biaya pajak atas Barang Milik Negara. Adanya tumpang tindih peraturan yang membuat pelaksanaan pengelolaan barang milik negara menjadi tidak efektif antara lain adanya terminologi izin pemakaian rumah negara yang tidak terdapat dalam Peraturan Menteri PUPR.


Social Law ◽  
2019 ◽  
pp. 20-26
Author(s):  
К. Lyubimov

The article reviews the scientific positions on understanding the concept of "legal responsibility", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc. The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability. The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification. The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.


2018 ◽  
Vol 6 ◽  
pp. 1-9
Author(s):  
Aleksey Baranov ◽  
Ovakimyan Mikhail ◽  
Kotlyarova Olga

This article provides the results of research and projection of the current and innovative models of competences for modern civil servants. The principal aim of the study is to identify the interdependence of the human resource policy instruments and the current and innovative models of competences for a modern civil servant. The study objectives are fourfold: 1) describe the existing three-cluster competence model of a civil servant; 2) identify competences that update the professional potential of modern civil servants; 3) project an innovative model for a modern civil servant based on the results of a foresight analysis involving sessions with representatives of the state administration in the Rostov and Vladimir regions; and 4) identify the digital economy factors influencing the development of the civil service system in modern Russia. The methodological basis of this work is a large-scale foresight analysis using an expert survey carried out among representatives of the state administration of the Rostov and Vladimir region. This includes data analysis and classification of 302 individual questionnaires. The main purpose of the work is to identify the interdependence of strategic competences and technological skills for determining the dynamics of the Russian state human resource policy, as well as defining digital economy factors influencing the development of the civil service system in modern Russia.


2021 ◽  
Vol 10 (1) ◽  
pp. 43-58
Author(s):  
Muhammad Hoiru Nail ◽  
Suphia Suphia

Abstrak   Pegawai Negeri Sipil (PNS) merupakan sebuah jabatan yang mana masyarakat membantu negara dalam menjalankan tugas dan kewenangan pada pelaksaaan fungsi pemerintahan. Pasal 202 Ayat (3) Undang-Undang Republik Indonesia Republik Indonesia Nomor 32 Tahun 2004 tentang Pemerintahan Daerah mengamanatkan pengisian jabatan Sekretaris Desa diisi dengan jabatan PNS, tentu ini menjadi kabar gembira bagi Sekretaris Desa yang ada karena berpeluang menjadi PNS. Seiring berjalannya waktu dasar hukum penyelenggaraan Pe-merintahan Daerah yang lama telah dicabut dan memberlakukan Undang-Undang Republik Indonesia Nomor 23 Tahun 2014 tentang Pemerintahan Daerah. pemberlakuan Undang-Undang Pemerintahan Daerah yang baru ini tentu memiliki dampak terhadap beberapa aspek pengaturan dalam hukum pemerintahan daerah, tidak terkecuali jabatan sekdes yang dapat diangkat menjadi PNS.   Kata Kunci: Pegawai Negeri Sipil, Sekretaris Desa   Abstrak   Civil servants are a position when the community assists the state in carrying out its duties and authorities in the implementation of goverment fungtions. Article 202 paragraph 3 of the republik of Indonesia law number 32 of 2004 concering regional goverment mandates filling the position of village secretary to be filled by civil servant, of course this is good news for the exiting village secretaries because they have the opportunity to became civil servant. Over time the old legal basis for the adminstration of regional goverment has been revoked and the Republik of Indonesia law No.23/2014 on regional governance has been enacted. The enactment of this new regional goverment law certainly has an impact on several regulatory aspects in regional goverment law, including the position of village secretary who can be appointed as a civil servant.   Keyword: Civil Servant, village secretary


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