scholarly journals An anti-corruption value of administrative and legal restrictions of joint work of near persons in justice system

2021 ◽  
pp. 63-73
Author(s):  
Oksana Polna
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Common Good ◽  
Justice System ◽  
The State ◽  
Joint Work ◽  
Public Servants ◽  
The Public ◽  
Legal Restrictions ◽  
Relationship Of

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

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.

Public service bargains and non-partisan ministerial advisors: servants of two masters

2020 ◽  
pp. 002085232095521
Author(s):  
Rose Cole
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Single Agent ◽  
Public Servants ◽  
Distinct Subgroup ◽  
The Public ◽  
Administrative Reforms ◽  
Administrative Action ◽  
Research Article ◽  
Different Levels

To what extent can the public service bargain framework be applied to non-partisan ministerial advisors? Public service bargains are defined as ‘explicit or implicit agreements between public servants – the civil or uniformed services of the state – and those they serve’. The public service bargain framework has increasingly been used as an analytical tool with which to examine the elements of the bargain as experienced by various actors in different jurisdictions. The elements of the public service bargain framework are explored through the experiences of a distinct subgroup of non-partisan advisors – portfolio private secretaries – serving in the politicised environment of ministers’ offices. The minister’s office has been characterised as the ‘purple zone’ where politics (represented by the colour blue) and administration (represented by the colour red) converge to transform political will into administrative action. This qualitative research article: briefly reviews the public service bargain literature; describes the actors and setting; gives voice to their experience of the public service bargain; applies the public service bargain heuristic; and reveals new insights into how the public service bargain operates with dual principals. Points for practitioners The public service bargain framework allows for dual principal–single agent relationships within public administration settings. Applying the public service bargain heuristic to this group of non-partisan advisors: enables a view of how the public service bargain operates at different levels (macro, meso and micro); shows that the public service bargain for these advisors has changed over time in response to administrative reforms; and demonstrates that these advisors are professionally and personally affected through the misaligned expectations of dual principals.

scholarly journals МОВНА КОМПЕТЕНЦІЯ ЯК СКЛАДНИК КОМУНІКАТИВНОЇ ПРОФЕСІОГРАМИ ПУБЛІЧНОГО УПРАВЛІНЦЯ

2019 ◽  
pp. 303-307
Author(s):  
Л. С. Загребельна
Keyword(s):  
Public Administration ◽  
Practical Importance ◽  
Business Communication ◽  
The State ◽  
Linguistic Competence ◽  
Public Servants ◽  
The Public ◽  
Public Servant ◽  
The People ◽  
Inner World

At the present stage of the state-building in Ukraine, professionalisation of the public service and formation of the professional linguistic competence of public servants are top-priority issues. Proper command of the state language and the ability to use it correctly is mandatory for the people working in public administration. In this regard, an urgent need arises to clearly identify the competences of business communication and the areas of competence development of public servants generating strong interest on behalf of scientists. The rationale of the topic researched is determined by both the theoretical and practical importance of the issues related to the improvement of the professional speech of specialists working under conditions of constant communication (contact and distant, direct and indirect, oral and written, dialogic and monologic, interpersonal and mass, private and official, informational and factual, related to the inner world of the speaker). The objective of the research is to determine the ways of improving the linguistic competence of public servants. The achievement of the objective in question provides for implementation of the following tasks: • Generalise the approaches to the definitions of the notions of “communicative competence,” “linguistic competence,” “communicative behaviour,” “culture of business communication,” and “communicative professiogram”• Determine the linguistic competence as a factor required for shaping up the professional image of a public servant• Develop proposals for enhancing the linguistic training of public servants • Propose the measures to deepen the linguistic competence of public servants through the systematised linguistic communicative professiogram. The article presents a set of measures aimed at improving the linguistic competence of public administration employees. The emphasis is made on the communicative professiogram which outlines the components of linguistic competences required and the forms of enhancing the communicative culture of public servants.

scholarly journals PUBLIC ADMINISTRATION AND THE CHALLENGE OF NATIONAL DEVELOPMENT IN NIGERIA: CHALLENGES AND PROSPECTS

2020 ◽  
Vol 7 (1) ◽  
pp. 39-45
Author(s):  
Dominic Shimawua ◽  
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Large Scale ◽  
Good Governance ◽  
National Development ◽  
Capacity Utilization ◽  
Poor Performance ◽  
Public Servants ◽  
The Public ◽  
High Crime

Contemporary Nigeria is plagued with the problems of widespread poverty, large-scale unemployment, technological backwardness, low capacity utilization, inadequate and decayed social and physicalinfrastructure, high incidence of diseases, high crime rate, among others. These disturbing socio-economicindicators in Nigeria are among the worst in the world. Ironically, these unpleasant indicators exist side-byside the country’s great national wealth and potentials, with an enviable stock of human resources whopossess knowledge, expertise and skills especially in the public service. Unfortunately, it appears these knowledgeable public servants are unable to serve as catalysts in the development of the nation. This situation makes the Nigerian case paradoxical. The objective of this study therefore is to identify the challenges preventing Nigerian public administration from playing its catalyzing role in the development of the country as well as to proffer possible solutions. One of the findings is that bribery and corruption are a bane of Nigerian public administration. In fact, they constitute a serious impediment to national development. The paper recommends, inter alia, the empowering of the anti-corruption institutions and introduction of information and communication technology in public governance. The paper submits that the label of poor performance and absence of excellence in the public service has the tendency to undermine development and good governance in Nigeria.

scholarly journals The motivation as the main way to increase the efficiency of public servants (sociological analysis)

2019 ◽  
Vol 7 (11) ◽  
pp. 5-14
Author(s):  
С. М. Серьогін ◽  
Н. Г. Сорокіна ◽  
О. М. Шеломовська
Keyword(s):  
Public Service ◽  
The State ◽  
Service Development ◽  
Highly Qualified ◽  
Public Servants ◽  
The Public ◽  
Public Servant ◽  
High Staff Turnover ◽  
Qualified Personnel ◽  
Main Motive

The article is devoted to the study of the motivation of the civil servants and local government officials’work. The concept of the motivation was revealed. The elements of moral and psychological methods ofthe motivation were analyzed. The importance of material and immaterial stimulation in public service wasexplained. The main motives and peculiarities of stimulation of a public servant in the modern conditionsof public service development in Ukraine were studied on the basis of empirical data. In particular, ithas been found out that the main motive for joining the public service is a stable salary and the desire ofpublic servants to work for the benefit of the state and society. So, mercantile aspirations in financial termsdominate - stable payment for work, as well as patriotic, valuable, moral and ethical desire to work forthe benefit of the state are in the minds of the citizens. The results of the study show that the prestige ofpublic service remains quite low. The main problems which negatively influence the image of the publicservice and make it unattractive to the public are high staff turnover, incomplete implementation of socialguarantees, poor financial support, and partial satisfaction of the basic needs of public servants, whichreduce the effectiveness of public administration in Ukraine.It is determined that the main way to increase the efficiency of public servants and in general publicadministration is to develop effective methods of the motivation and the stimulation, both economic andnon-economic. It was proven, that effective motivation in the public service depends to a large extent notonly on its filling of highly qualified personnel and efficiency, but also on trust and respect of the population.

scholarly journals Application of audi alteram partem rule on salary deduction & benefits

2018 ◽  
Vol 8 (3) ◽  
pp. 61-69
Author(s):  
Hlako Choma ◽  
Tshegofatso Kgarabjang
Keyword(s):  
Public Service ◽  
Public Services ◽  
The State ◽  
Constitutional Court ◽  
Public Servants ◽  
The Public ◽  
Department Of Health ◽  
Head Of Department

n the case of Public Servants Association obo Olufunmilayi Itunu Ubogu v Head of Department of Health, Gauteng and Others (2018) the Constitutional Court found that the provisions of the Public Service Act of 1994 which empowered the state to unilaterally deduct moneys that was onerously paid to the salaries of employees was unconstitutional. The state was empowered by section 38(2)(b)(i) of the Public Services Act of 1994 which does not require a consent of employees as and when the employer is deducting some money from the salary of the employee. The Constitutional Court held that section 38(2)(b)(i) gives the state unrestrained power to determine instalment without an agreement with an employee. The court also found that section 38(2)(b)(i) permits the state takes law into its own hands and become a judge of its own case. On this basis, this section did not pass constitutional muster. This article will critically analyse the decision in Public Servants Association obo Olufunmilayi Itunu Ubogu v Head of Department of Health, Gauteng and Others in view of the application and interpretation of the principle audi alteram partem rule on salary deduction and benefits of public servants.

Politicised Public Service and Corruption in Lesotho

2020 ◽  
Vol 41 (1) ◽  
Author(s):  
Mamello Rakolobe
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Secondary Data ◽  
Public Servants ◽  
The Public ◽  
Administrative Reforms ◽  
High Magnitude ◽  
The Social ◽  
Parliamentary Committee ◽  
The Government

Countries across the world are faced with high levels of corruption. In an effort to combat the threat, governments have declared war on corruption and have consequently put in place some anti-corruption institutions. The causes of corruption are numerous and the consequences are devastating for the social, political and economic development of nations. The perpetrators of corruption are in most cases the public servants as they are charged with the day-to-day administration of the government. This means that the caliber of public servants; which is determined by their recruitment inter alia will influence their practices and conduct. Lesotho has adopted a Westminster model of public administration in which recruitment to the public service is supposed to be merit-based. However, the recruitment of top officers such as Principal Secretaries is politically motivated and this has consequently resulted into a highly politicised public service; literature points that there is a relationship between politicisation of the public service and corruption. In this paper, I scrutinize and explain the effect of a politicised public service on the high magnitude of corruption in Lesotho. This study is based on secondary data such as official government reports, newspapers and research reports. I argue that the highly politicised public service in Lesotho contributes to the corruptionscourge that is besieging the country. I therefore recommend administrative reforms in view of depoliticizing the public service by removing the authority to appoint, promote and dismiss high-ranking public officers from the Prime Minister to a special Parliamentary committee that is inclusive of members from the ruling and opposition parties.

scholarly journals MOTIVAÇÃO DOS SERVIDORES DA PREVIDÊNCIA DO ESTADO DE SÃO PAULO

2021 ◽  
Vol 9 (207) ◽  
pp. 1-31
Author(s):  
Bruna Serafim Teixeira
Keyword(s):  
Public Service ◽  
Sao Paulo ◽  
Career Progression ◽  
The State ◽  
Civil Servants ◽  
São Paulo ◽  
Motivating Factors ◽  
Public Servants ◽  
The Public ◽  
Ultimate Objective

The motivation for the public service of civil servants is an essential factor for the pursuit of public ends with a view to guaranteeing social welfare, the ultimate objective of the State. In this context, public servants are inserted as guarantors of this purpose, and the motivating factors and those that generate dissatisfaction must be constantly analyzed by the decisionmaking managers of the Administration bodies. Based on the study by Perry (1996), adapted for the Brazilian scenario in an unprecedented study carried out by Moraes (2017), the Public Service Motivation (PSM) scale was used to measure the motivation for the public service of the civil servants of the social security agency of the State of São Paulo, as well as analyzing, by the quantitative method, motivating factors, as well as causes of dissatisfaction, relevant to the provision of public service. It was found that factors such as salary and difficulty in career progression are causes that, in addition to generating dissatisfaction, are capable of affecting motivation, which prevails among civil servants at the beginning of their careers and in technical positions, with less autonomy, responsibility and education level. In this sense, it is necessary to adopt measures capable of supplying or minimizing such effects in order to increase the levels of motivation and satisfaction for the public service, which are able to increase the effectiveness and productivity in the provision of the public service. Measures such as a fairer and more attractive career progression plan, greater autonomy and power to participate in decision-making can favor this scenario.

scholarly journals Discrimination Against Roma Employees in the Public Administration in the Republic of North Macedonia

SEEU Review ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 169-184
Author(s):  
David Berat ◽  
Agush Demirovski
Keyword(s):  
Secondary Education ◽  
Public Sector ◽  
Public Administration ◽  
The State ◽  
University Education ◽  
Public Servants ◽  
The Public ◽  
Indirect Discrimination ◽  
The Republic ◽  
Masters Degree

AbstractThis article is about the rights of the Roma in North Macedonia and the level of discrimination that Roma are facing while employed in the public sector in the Republic of North Macedonia. The aims and objectives of the article are theoretical and practical understanding of the situation of Roma and the violation of their rights through direct and indirect discrimination at work. The data was collected during the period from May-July 2019 via 52 collected questionaries from a total of 70 public servants who were asked to be a part of the research.The article shows new data we have collected from employed Roma as public servants in different institutions in the state. The surveyed public servants were 52 in total, from which 34 are employees with secondary education, 17 are with university education and only 1 has a masters degree.The questionnaire is composed out of 17 questions about the forms of discrimination, feeling or witnesing discrimination at their workplace, who caused the discrimination, witnessing the spread of prejudices and stereotypes about the Roma, rejection of colleagues to share an office with Roma, and who caused the discrimination. One of the results shows that 55% of the surveyed Roma did not have a single training from their employer in the last 12 months and that 69% of those surveyed stated that they felt discrimination in the last 12 months on everyday basis.

scholarly journals Iraq’s tough governance setting: Examining the importance of self-sacrifice over institutions to public service motivation

2019 ◽  
Vol 13 (2) ◽  
pp. 181-203
Author(s):  
Dhirgham Alobaydi ◽  
Bonnie J. Johnson ◽  
Jonathan Templin
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Public Interest ◽  
Public Service Motivation ◽  
Public Institutions ◽  
Social Self ◽  
Public Servants ◽  
Civil Unrest ◽  
The Public ◽  
Governance Choices

Public service motivation (PSM) is understudied within ‘tough governance settings’ such Iraq’s, as it transitioned from dictatorship to democracy amidst civil unrest. Debates surrounding a universal construct of PSM currently focus on whether a love of public institutions is an essential component, or if measures of self-sacrifice will suffice. Results from a multidimensional PSM measure previously utilized in western settings are used here in Iraq. The results demonstrate that items from typical PSM dimensions remain in the model, but the pro-social, self-sacrifice dimension is the only reliable subscale. Reinforcing a pro-social foundation of PSM, a pro-social unidimensional measure fits the data well and respondents themselves define ‘public service’ in pro-social terms. Showing little connection to institutions, PSM in Iraq correlates with public servants determining the public interest based on their knowledge of their communities and of citizens and less on professional expertise, adopted plans or on guidance from elected officials. Contrary to reports of a divided Iraq, PSM scores are similar across regions. These insights have implications for PSM measurement, governance choices in developing countries, and comparative public administration research.

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