Problems of improving the legal regulation of conflict of interests in the public civil service

2021 ◽  
Vol 11 (1) ◽  
pp. 1711-1718
Author(s):  
Firuz Makhmudov
Keyword(s):  
Civil Service ◽  
Legal Regulation ◽  
Conflict Of Interests ◽  
The Public

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals The concept of «conflict of interest» in the administrative law of the Russian Federation

2020 ◽  
Vol 15 (4) ◽  
pp. 118-129
Author(s):  
E. V. Okhotsky
Keyword(s):  
Conflict Of Interest ◽  
Well Being ◽  
Research Problem ◽  
Legal Regulation ◽  
Conflict Situation ◽  
The State ◽  
Negative Consequences ◽  
Conflict Of Interests ◽  
The Public ◽  
Interest Policy

Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals Tendencies of the Regulation of the Conflict of Interests Institution as an Instrument of Control over Loyalty of Political Elites and the Mechanism Guaranteeing the Trust of the Society in Government in Some Countries of the Former USSR

2021 ◽  
Vol 1 ◽  
pp. 51-58
Author(s):  
Inga A. Starostina ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Political Elites ◽  
Conflict Of Interests ◽  
The Public ◽  
Former Ussr

The article is dedicated to the modern practices of the legal regulation of the conflict of interests institution ensuring the trust of the society in the public government in some countries of the former USSR within the framework of the 2020 multi-vector constitutional reform in Russia. A comparative analysis is used to single out peculiarities of the statutory and doctrinal approaches in ensuring loyalty of political elites and the mechanism ensuring mutual public-state trust in the countries of the former USSR.

scholarly journals Reasons for Hand Pulling Public Employees from Their Position and Judicial Oversight of the Decision to Pull Hand in The Iraqi and Jordanian Laws

2021 ◽  
Vol 32 (2) ◽  
pp. 328-345
Author(s):  
Abdulwahhab Gumaah Al-Kubissi ◽  
Shatha Ahmed Al-Assaf
Keyword(s):  
Community Service ◽  
Civil Service ◽  
Service System ◽  
Setting Time ◽  
Legal Regulation ◽  
The State ◽  
Public Employee ◽  
Public Employees ◽  
The Public ◽  
To Receive

This research focuses on the reasons for withdrawing the public employees hand from his position in the Iraqi and Jordanian Laws and judicial oversight over the decision to withdraw. He public employees. The research tries to answer a very important problem which is the extent of the legal regulation for the reasons for withdrawing the employees hand from the work of this job and the judicial: The first topic focuses on the reasons for withdrawing the public employees hand from his position. The second topic deals topic deals with judicial oversight of decisions to withdraw the employees hand from his position. A number: 1- that the administrative courts look into the penalties directed at the employee from the administrant to the employee who has withdrawn the hand from his public office. especially in the penalties of dismissal and dismissal, provided that the appeal is mandatory either by the employee or by investigative committee to raise all the investigative papers and the penalty directed to the employee to the administrative court consider whether the punishment is correct or not, the two penalties mentioned above are among the most serious penalties that are applied to the employee. 2- He suggested to the civil service system, setting time to suspend the year from work and not to be dismissed because in this it generates the state treasury and harms the public employee who is suspended from work to receive half of his salaries and does not provide any community service.

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

Compressed Identity

2019 ◽  
Vol 12 (1-2) ◽  
pp. 13-35
Author(s):  
H. Şule Albayrak
Keyword(s):  
Public Sphere ◽  
Civil Service ◽  
Muslim Women ◽  
The Self ◽  
Political Rights ◽  
The Public ◽  
Economic Issues ◽  
Turkish State ◽  
The Public Sphere ◽  
Depth Interviews

For decades the authoritarian secularist policies of the Turkish state, by imposing a headscarf ban at universities and in the civil service, excluded practising Muslim women from the public sphere until the reforms following 2010. However, Muslim women had continued to seek ways to increase their knowledge and improve their intellectual levels, not only as individuals, but also by establishing civil associations. As a result, a group of intellectual women has emerged who are not only educated in political, social, and economic issues, but who are also determined to attain their socio-economic and political rights. Those new actors in the Turkish public sphere are, however, concerned with being labeled as either “feminist,” “fundamentalist” or “Islamist.” This article therefore analyzes the distance between the self-identifications of intellectual Muslim women and certain classifications imposed on them. Semi-structured in-depth interviews with thirteen Turkish intellectual Muslim women were carried out which reveal that they reject and critique overly facile labels due to their negative connotations while offering more complex insights into their perspectives on Muslim women, authority, and identity.

Administrative elites and the crisis: what lies ahead for the senior civil service in Greece?

2014 ◽  
Vol 80 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Calliope Spanou
Keyword(s):  
Public Administration ◽  
Economic Crisis ◽  
Civil Service ◽  
Civil Service Reform ◽  
The Public ◽  
Administrative Elites ◽  
The Impact ◽  
The Relationship

The nature of the relationship between the public administration and politics and the subsequent role of the administration appear to be incompatible with the emergence of an administrative elite. After analysing the reasons for this incompatibility, the article explores the impact of the measures taken in the wake of the economic crisis on the civil service and its reform, and also the prospects for the development of a senior civil service. The key, and also the challenge, to any change in this direction remains the rebalancing of the relationship between the public administration and politics. Points for practitioners What might interest practitioners is the issue of the conditions of effectiveness of civil service reform in times of economic crisis and significant pressure.

Reprint of: The regulation project: Tools for engaging the public in the legal regulation of drugs

2021 ◽  
Vol 91 ◽  
pp. 103279
Author(s):  
Scott E. Bernstein ◽  
Emily Amirkhani ◽  
Dan Werb ◽  
Donald MacPherson
Keyword(s):  
Legal Regulation ◽  
The Public
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