scholarly journals LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
pp. 20-26
Author(s):  
К. Lyubimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Civil Servant ◽  
Legal Liability ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Applicable Law ◽  
The Public ◽  
Definition Of ◽  
The Individual

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.

scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

scholarly journals THE PROBLEMS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF EMPLOYEES OCCUPYING POLITICAL POSITIONS IN THE EXECUTIVE AUTHORITIES

2021 ◽  
pp. 22-27
Author(s):  
M. A. Balamush ◽  
N. V. Dobrovolskaya
Keyword(s):  
Legal Status ◽  
Executive Branch ◽  
Administrative Law ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Administrative Positions ◽  
Legal Forms ◽  
Common Criterion ◽  
Definition Of ◽  
Administrative Science

The article analyzes the opinions presented in scientific sources regarding the definition of political positions in the executive branch and the administrative and legal status of employees holding these positions. Instead, the specifics of the implementation of the administrative-legal status of employees holding political positions in the executive branch are studied in administrative science piece by piece. Particular attention is paid to the fact that administrative law consistently and persistently considers all aspects of the acquisition and implementation of the administrative and legal status of civil servants and employees of local self-government bodies. A terminological distinction is made between the terms «professionalism» and «qualifications». Professionalism means that a position in the executive branch is associated with a specific profession. For a candidate applying for the relevant position, additional requirements are imposed regarding his professional abilities. On the other hand, professionalism means that the person applying for the position must be qualified enough to carry out their duties effectively. Thus, “professionalism” is characteristic of all employees holding administrative positions in the system of executive bodies, and “professionalism”, in our opinion, is a common criterion for all categories of civil servants. It is proposed to highlight the following features of the civil service performed by persons holding political positions in executive bodies: 1) provides for the constitutional and legal procedure for entering and passing political service (constitutional and legal status of employees holding political positions); 2) the powers assigned to political positions in executive bodies require the availability of appropriate administrative and legal forms and mechanisms for their implementation (administrative and legal status of employees holding political positions); 3) employees holding political positions are not subject to disciplinary responsibility, and therefore the structure of their administrative and legal status does not provide for legal responsibility; 4) the professionalism of political figures in the system of executive authorities is manifested in a harmonious combination of their political and administrative activities.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

Legal responsibility of a private notary

2021 ◽  
pp. 145-150
Author(s):  
L. Ladina ◽  
M. Veselov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Legal Liability ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Structural Element ◽  
Coercive Measures ◽  
State And Society ◽  
Legitimate Interests

The legal responsibility of a notary is in its essence an important element of the legal regulation of public relations in the field of notarial activities, which is manifested in the purposeful influence of the state on the behavior of notaries through legal means. The purpose of this article is to formulate the concept and outline the characteristics of the main types of legal liability of a private notary. The legal liability of private notaries is proposed to be understood as a set of legal coercive restrictions provided by law and the suffering of subjects of private notarial activity of personal, organizational and property nature for the committed offense. At the same time, it is emphasized that the legal responsibility of a notary as a structural element of his legal status consists not only in the application of appropriate coercive measures against him for an offense (retrospective aspect), but also in his awareness of his responsibility for proper performance (prospective aspect). It is noted that the components of the system of legal liability of a private notary are its types, namely: civil (professional), criminal, administrative and disciplinary. It is emphasized that the institution of legal liability of private notaries should be considered not only as a guarantee of lawful and conscientious performance of their duties, a means of protecting the legitimate interests of the state and citizens related to the provision of notarial services, but also as a regime of private notaries. procedural relations arising from the application of coercive measures by the state to them. It is established that the legal responsibility of a private notary is complex, and provides for the imposition on him not only the actual legal responsibility, but also moral responsibility for actions before the state and society. The limits of legal liability of private notaries depend on the type of such liability. The administrative nature of the notary’s activity and his performance of actions on behalf of the state allows to draw a conclusion about the tortious nature of the notary’s liability for violation of the established procedure for performing notarial acts.

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.

LA FORMACIÓN DE LOS EMPLEADOS PÚBLICOS TRAS EL EBEP: ¿CAMBIO DE PARADIGMA

2010 ◽  
pp. 637-688
Author(s):  
RAFAEL JIMÉNEZ ASENSIO
Keyword(s):  
Human Resources ◽  
Civil Servant ◽  
Civil Servants ◽  
Professional Career ◽  
The Public ◽  
Recursos Humanos ◽  
Selection Policies

La formación de empleados públicos ha sido objeto de una atención marginal. El objeto de este estudio es analizar hasta qué punto la aprobación del EBEP y los instrumentos de innovación de la gestión de personas allí recogidos suponen realmente un cambio de paradigma en la manera de comprender la formación de empleados públicos. La política de formación de empleados públicos tiene un carácter transversal y tiene, asimismo, una naturaleza instrumental. El presente trabajo desarrolla un análisis integral de la formación en el marco del cambio de paradigma que representa el EBEP en la gestión de recursos humanos, poniendo en valor la importancia que la formación tiene para articular políticas selectivas, la carrera profesional o la evaluación del desempeño en el empleo público. Superar el actual «modelo agotado» de formación exige ver la misma como un deber o responsabilidad del empleado público. Enplegatu publikoen prestakuntza baztertu samar egon da. Lan honek, hain zuzen, aztertzen du noraino aldatuko ote duten paradigma, enplegatu publikoen prestakuntza ulertzeko moduan, Enplegatu Publikoaren Oinarrizko Estatutua onartzeak eta han jasotzen diren pertsonen kudeaketa berritzeko tresnek. Enplegatu publikoak prestatzeko politika zeharkakoa izateaz gain, instrumentala ere bada. Azterlan honetan oso-osoan aztertzen da enplegatu publikoen prestakuntza, aipatu estatutuak baliabideen kudeaketari dagokionez dakarren paradigma-aldaketaren ikuspegitik. Halaber, baloratu egiten da prestakuntzak duen garrantzia, hautaketa-politikak, karrera profesionala edo enplegu publikoko lanaren ebaluaketa antolatzeko orduan. Gaur egungo prestakuntza-eredua «agortuta» dago. Beraz, gainditu beharra dago, eta, horretarako, ezinbestekoa da enplegatu publikoaren eginbehar edo erantzukizun moduan hartzea prestakuntza. The civil servants¿ training has been subject of marginal attention. The aim of this study is to analyzse to what extent the passing of the Basic Statute for the Civil Servants and the instruments of innovation for the personal administration therein do really imply a change in the paradigm of understanding the civil servants¿ training. The policy on the civil servant¿s training has a transversal character and also an instrumental nature. This present work develops an integral study on the training within the framework of the change of paradigm which entails the EBEP for the management of human resources, by enhacing the importance training has in order to articulate selection policies, the professional career or the evalutaion of the performance of the public employment. Overcoming the current «outdated model» of training calls for considering it as a duty or responsibility by the civil servant.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

The United Nations and Its Public

1960 ◽  
Vol 14 (1) ◽  
pp. 60-91 ◽  
Author(s):  
Richard N. Swift
Keyword(s):  
Public Relations ◽  
United Nations ◽  
Good Reason ◽  
Public Information ◽  
Civil Servants ◽  
Government Agencies ◽  
The Public ◽  
The United Nations ◽  
Governmental Functions

No governmental functions are traditionally more suspect than those relating to public information. National legislators always demur at the public relations work of civil servants. They inevitably assume (at times, with good reason) that appropriating funds to inform people about the performance of government agencies only helps to preserve the bureaucracy and to create and nurture a public which ultimately will bring pressure to bear upon the legislature itself.

LEGAL OBLIGATION IN THE LEGAL STATUS STRUCTURE OF A PERSON SENTENCED TO IMPRISONMENT AND ITS STRUCTURE

2021 ◽  
pp. 29-33
Author(s):  
Андрей Владимирович Кулаков ◽  
Ольга Рениславовна Родионова
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Russian Science ◽  
Legal Obligations ◽  
Long Time ◽  
Legitimate Interests ◽  
Points Of View ◽  
Theory Of Law

Общей теорией права и отраслевыми науками достаточно давно исследуется структура правового статуса личности и место в данной структуре юридической обязанности. Доктринально обоснованной является позиция ученых, согласно которой структуру правового статуса личности, в том числе и осужденного к лишению свободы, составляют права, свободы и обязанности лица, закрепленные в нормативно-правовых актах. Несмотря на это, в отечественной науке время от времени появляются мнения ученых-правоведов, которые наряду с системой прав и обязанностей включают в состав правового статуса такие правовые явления, как «законные интересы», «гарантии прав», «юридическая ответственность» и т. д. Кроме того, подвергается сомнению и устоявшееся положение о структуре юридической обязанности как элементе правового статуса. Проведенный авторами анализ уголовно-исполнительных отношений дает основание утверждать, что, несмотря на особое правовое положение осужденных к лишению свободы, структура их правового статуса не изменяется, а юридические обязанности являются неотъемлемым ее элементом. При этом юридическая обязанность осужденного к лишению свободы, как и любого другого участника правовых отношений, всегда корреспондирует субъективному праву и состоит из четырех элементов: - необходимость совершения осужденным определенных (требуемых, должных) действий, предписанных нормативно-правовыми актами; - необходимость отреагировать на законные требования управомоченного лица; - необходимость (обязанность) претерпеть меры государственного принуждения в случае нарушения нормативно-правовых предписаний; - необходимость (обязанность) не мешать контрагенту пользоваться и/или реализовывать законное право. Только при таком подходе к юридической обязанности как элементу правового статуса осужденного ее можно считать не только средством установление границ дозволенного поведения, но и действенным регулятором общественных отношений. The legal status structure of an individual and the place of the legal obligation in it have been studied for a long time by the general theory of law and branch sciences. Doctrinally justified is the opinion of scientists, according to which the structure of the legal status of an individual including a person sentenced to imprisonment, consists of the rights, freedoms and duties of a person enshrined in normative legal acts. Despite this in Russian science from time to time there are points of view of legal scientists which along with the system of rights and obligations, include the legal status of such legal phenomena as «legitimate interests», «guarantees of rights», «legal responsibility», etc. In addition the well-established position on the legal obligation structure as an element of the legal status is also questioned. The author's analysis of penal relations gives grounds to assert that despite the special legal status of those sentenced to imprisonment the structure of their legal status does not change and legal obligations are an integral part of it. At the same time the legal obligation of a convicted person as well as any other participant in legal relations always corresponds to subjective law and consists of four elements: - the need for the convicted person to perform certain (required, due) actions prescribed by regulatory legal acts; - the need to respond to the legal requirements of the authorized person; - the need (obligation) to undergo measures of state coercion in case of violation of legal regulations; - the need (obligation) not to prevent the counterparty from using and / or exercising the legal right. Only with this approach to the legal obligation as an element of the legal status of the convicted person, it can be considered not only a means of establishing the boundaries of permissible behavior, but also an effective regulator of public relations.

INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation

2020 ◽  
pp. 7-16
Author(s):  
V. A. Avdeev ◽  
O. A. Avdeeva
Keyword(s):  
Public Relations ◽  
Violent Crime ◽  
Criminal Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Violent Crimes ◽  
Legal Policy ◽  
Political Transformations ◽  
Definition Of

The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.

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