GENERAL ASSUMPTIONS CHARACTERISING EMPLOYMENT IN LOCAL SELF-GOVERNMENT (A COMPARISON WITH THE PRINCIPLES OF FUNCTIONING OF THE CIVIL SERVICE CORPS)

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 317-330
Author(s):  
Zbigniew Góral
Keyword(s):  
Historical Perspective ◽  
Civil Service ◽  
Legal Regulation ◽  
Government Employees ◽  
The Status ◽  
Mutual Relations

The study presents the assumptions of the general legal regulation concerning persons employed in local self-government, confronted with the purpose and principles of the civil service. The first part shows the mutual relations between the legislation concerning the status of local self-government employees and the acts on the civil service from a historical perspective. The second part comprises comments on the legislation in force at present, including constitutional regulations. It was emphasised that the similarities between the regulations on local self-government and civil service are significant. This also applies to the principles on which employment in local self-government and civil service is based. In the case of regulations concerning local self-government, only the principle of political neutrality was not included, which may raise doubts.

scholarly journals Judicial assistant: current state of legal regulation and review of court practice

2021 ◽  
pp. 323-330
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Support Service ◽  
Constitutional Court ◽  
Effective Work ◽  
The Status ◽  
Deputy Chairman ◽  
Special Rules

Patronage service(executive support service)is a type of service and employment relations that arise, change and terminate to ensure effective, proper and quality performance of their duties by officials who are legally entitled to have a patronage servant. The term “patronage” comes from “patronatus” in Latin- the state or rights of the patron. In the national legislation, the patronage service is a quite new category and was first introduced in 1993 with the adoption of the Law on Civil Service, and therefore has no old traditions. The change in the status of the patronage service in Ukraine indirectly indicates its formation. There is no single approach to the principles of patronage service in foreign countries, for example, in Italy and Germany patronage service does not stand out as a separate concept, but such kind relationships are included in the public service, while in Australia, Britain, Georgia, Canada, Lithuania and Poland patronage service conceptually stands out as a category of public service with a number of special rules. The establishment of a patronage service in Ukraine was an objective necessity and today it operates in the system of legislative, executive and judicial branches. The labor functions of patronage service employees are directly correlated with the labor functions of public law official to whom they are assigned (subordinated). The patronage service includes advisers, assistants, commissioners, press-secretaries of the President of Ukraine, employees of the secretariats of the Chairman, First Deputy Chairman and Deputy Chairman of the Verkhovna Rada of Ukraine, employees of patronage services of the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, advising assistants of People's Deputies of Ukraine, judicial assistants and scientific advisers to judges of the Constitutional Court of Ukraine, judicial assistants, advisers to the Chairman of the Supreme Court and chairmen of cassation courts, as well as positions of patronage servants in other state bodies. At the same time as for judiciary, part 4 of Article 92 of the Civil Service Law (2015) states that the specifics of patronage service in courts, bodies and institutions of the judicial system are determined by the legislation on the judiciary and the status of judges. Judicial assistants are an integral part of the judiciary. Despite their legal status, whether civil or patronage servants, the lion's share of work is performed by judicial assistants. It can be concluded, directly or indirectly, that effective work of a court or a judge is not possible without the effective work of judicial assistants (judges' offices) and this interdependency is obvious. It should also be noted that a significant number of assistants later become judges, or if we take a look at the biographies of judges of all levels we can find out that many of them took their first steps in the legal profession as judicial assistants. This might lead to the conclusion that “judicial assistants environment” is a kind of a personnel reserve of the judiciary.

Categories and criteria for differentiation in the legal regulation of the status and social protection of civil servants

2021 ◽  
Vol 23 (3) ◽  
pp. 13-19
Author(s):  
VIKTOR ANIKIN ◽  
Keyword(s):  
Performance Indicators ◽  
Social Protection ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Hierarchical System ◽  
Public Interests ◽  
The Status ◽  
Private And Public

The article examines several categories to determine the objective criteria of differentiation in the legal regulation of civil servants’ status and social protection. Looking into the category of justice, the author concludes that it is necessary to take into account the criteria for the conformity of the level, nature, and scope of powers and responsibilities for each position in the civil service, the adequacy of the corresponding prohibitions and restrictions during the period of service to the nature and scope of the powers of an official, the equivalence of similar positions when considering the content and nature of the service. While considering the category of balance between private and public interests, the author speaks of the need to take into account the criterion of the consistency of private and public interests when determining the performance indicators of civil servants, with respect to the functions they perform; in addition, the author defines a set of criteria for further research of this category. Speaking on the category of authority, the author proposes to create a hierarchical system of positions in the civil service, which links the level of social protection of civil servants for exercising their powers with prohibitions and restrictions imposed on them by anti- corruption legislation.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

Language contact and multilingualism in Iran

2018 ◽  
Author(s):  
Shahrzad Mahootian
Keyword(s):  
Language Contact ◽  
Historical Perspective ◽  
Language Maintenance ◽  
Language And Identity ◽  
General Description ◽  
The Status ◽  
Bilingual Communities ◽  
The Relationship

Throughout its history, Iran has been a richly multilingual nation, with documented evidence reaching back nearly three millennia. Today, estimates of the number of languages spoken in modern Iran vary, with numbers ranging from fifty-four to seventy-six living languages. This chapter presents a general description of societal bilingualism, how bilingual communities come about, the relationship between language and identity in multilingual contexts, and how best to describe the kind(s) of bilingualism found in Iran, including the use of English. The chapter then turns to bilingualism in Iran from a historical perspective, with the goal of understanding why there are so many languages in present-day Iran. Finally, it addresses the status of English in pre- and post-revolutionary Iran and issues of language maintenance.

Reflections on the Status and Direction of Psychology: An External Historical Perspective

2013 ◽  
Vol 44 (2) ◽  
pp. 244-261 ◽  
Author(s):  
Amedeo Giorgi
Keyword(s):  
Historical Perspective ◽  
Phenomenological Approach ◽  
Natural Sciences ◽  
Gestalt Theory ◽  
The Everyday ◽  
The Status ◽  
History Of ◽  
A Minor ◽  
Aron Gurwitsch

Abstract Whenever one reads internal histories of psychology what is covered is the establishment of a lab by Wundt in 1879 as the initiating act and then the breakaway movements of the 20th Century are discussed: Behaviorism, Gestalt Theory, Psychoanalysis, and most recently the Cognitive revival. However, Aron Gurwitsch described a perspective noted by Cassirer and first developed by Malebranche, which dates the founding of psychology at the same time as that of physics in the 17th Century. This external perspective shows the dependency of psychology upon the concepts, methods and procedures of physics and the natural sciences in general up until the present time. Gurwitsch argues that this approach has blocked the growth of psychology and has assured its status as a minor science. He argued that the everyday Lifeworld achievements of subjectivity are the true subject matter of psychology and that a phenomenological approach to subjectivity could give psychology the authenticity it has been forever seeking but never finding as a naturalistic science. Some clarifying thoughts concerning this phenomenologically grounded psychology are offered, especially the role of desire. The assumption of an external perspective toward the history of psychology fostered the insights about psychology’s scientific role.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

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