ДАВЛАТ ФУҚАРОЛИК ХИЗМАТИ ҲУҚУҚИЙ АСОСЛАРИНИ ТАКОМИЛЛАШТИРИШ МАСАЛАЛАРИ

Author(s):  
Хушвақт Хайитов

Аннотация. Мақолада давлат хизмати мазмуни, унинг назарий-ҳуқуқий асослари, давлат фуқаролик хизмати принциплари, давлат фуқаролик хизматида қонунийликни таъминлаш ва коррупцияга қарши курашни такомиллаштириш масалалари таҳлил этилган. Шунингдек, давлат фуқаролик хизматига оид қонунчилик ҳужжатларни такомиллаштиришга қаратилган таклифлар ишлаб чиқилган. Аннотация. В статье анализируется суть государственной службы, ее теоретико-правовые основы, принципы государственной гражданской службы, вопросы обеспечения законности на государственной гражданской службе и вопросы совершенствования антикоррупционной политики. Также были разработаны предложения и рекомендации по совершенствованию законодательных актов, регламентирующих государственную гражданскую службу. Abstract. In this article the analyzes of the essence of the civil service, its theoretical and legal foundations, the principles of the civil service, issues of ensuring the rule of law in the civil service and issues of improving anti-corruption policy was made. Also, proposals and recommendations were developed for improving the legislative acts that regulates the state civil service.

Author(s):  
Christoph Demmke

For a lengthy period, governments worldwide believed that civil servants should be linked to the authority of the state and could not be compared to employees in the private sector. This group of public employees were perceived as agents of the “Leviathan” (Hobbes), intended to uphold the rule of law and to implement government policies. In this conception, where the state was separated from society and citizens, it was inconceivable that civil servants could be compared to other employees. Towards the end of the 20th century, in almost all countries worldwide, reform measures have encouraged the change, deconstruction and decentralization of the civil service on all fronts. In the meantime, there are now as many different categories of public employees as there are different public functions, organizations, and tasks. Overall, the number of civil servants has decreased and some countries have abolished traditional civil service features. Moreover, working conditions and working life have changed. Thus, whereas for a long time, civil servants were very different from the employees of private companies, this distinction is much less clear in the early 21st century. Such a situation had been unthinkable 10 years earlier. Consequently, the traditional concept of the civil service as a distinct employment group and status is slowly disappearing. In addition, current organizational reform trends have made public administration as such into a somewhat heterogeneous body. In the early 21st century, civil services have become more diverse, less hierarchical and standardized, more flexible, diverse, representative and less separated from the citizenry than they were traditionally. Whereas the term “bureaucracy” had represented clear values (hierarchy, formalism, standardization, rationality, obedience etc.), new reforms have brought with them new values, but also more conflicting ones, and value dilemmas. Whereas most governments still agree that human resource management (HRM) policies should continue to be based on rational principles such as the rule of law, equity, and equality, the increasing popularity of behavioral economics and behavioral ethics and the trend toward the delegation of responsibilities to employees through different concepts such as engagement, lifelong learning, and competency development, illustrate that current trends run counter to classical bureaucratic styles. Moreover, digitalization and flexibilization trends are changing work systems and leading to an individualization of HR practices by facilitating the monitoring and measuring of individual efforts and engagement practices. Thus, the problem with this description of administration in the 21st century is obvious. Whereas the terms “bureaucracy” or “civil service” can be defined and broken down into concrete definitions, this is much less the case with the new civil service systems and new administrative models. However, stereotypes around public organizations and civil servants continue to survive, even though they were shaped in a world that no longer exists. Even in the early 21st century, many people still have the perception that civil servants work in an environment that is clearly separated from the private sector. Also, most public-service motivation theories start from the assumption that civil servants are different because they are civil servants.


Author(s):  
Svetlana Pirozhok

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.


Author(s):  
Fanie du Toit

Reading South African history through the lens of interdependence helps explain the disappointment that many South Africans feel in relation to reconciliation. While they are justified in feeling let down, owing to rising inequality and social exclusion, it is wrong to blame Mandela’s strategy of just interdependence because it was abandoned too early. In seeking to overcome oppression, reconciliation is forward-looking and predicated on rebuilding relationships in divided societies. Dealing with a violent past is valuable when striving for a more just future. Reconciliation fosters just, inclusive, and fair societies and is locally owned and driven. A progressive approach to reconciliation is also needed. Reconciliation recognizes the inherent interdependence between citizens themselves, and between citizens and the state. These relationships are progressively re-established in more just ways. In so doing, it helps to create conditions in which social goods such as forgiveness, the rule of law, or democracy become possible.


1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.


Author(s):  
Lyudmyla Bogachova ◽  

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.


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