scholarly journals Organizational structure of the state civil service of Russia in Russia during the XVI – XVII centuries

Author(s):  
Aleksei Semin

This article examines the organizational structure of the state civil service during institutionalization of the system of public administration in the XVI – XVII centuries. The author describes the characteristic traits of this stage of development of the civil service system as a whole, including the highly personalized nature of carrying service, narrow separation between civil and military service, as well as the presence of rank system that was applicable to both the government apparatus and the society. In this context, the author explores the key misinterpretations of the term “rank”, its partial conflation with the concept of “post”, and the absence of universal definition. Research is also conducted on correlation between the organizational structure of the civil service and the class composition of the Tsardom of Russia, which has proven the possibility of separating the system of ranks of public servants from the unified social hierarchy. Special attention is given to the clerical service and its organizational structure: comparison of the status of clerical servants with the elements of the legal status of modern civil servant considering this type of service as the closest prototype of the state civil service. The basic traits of the clerical service include professional character, rigid hierarchy, stability, enforcement nature of activity, additional rights and responsibilities. The author highlights the key role of the concept of “rank” as the characteristic of the position of am individual within service hierarchy, used to for creating a prototype of the organizational structure of the state civil service. The scientific novelty consist in determination of the characteristic features of the organizational structure of civil service as whole, and state civil service in particular, which prove the existence of the developed, although non-unified hierarchy that later provided the framework for the reforms of Peter the Great. This confirms the gradual and consistent, rather than revolutionary nature of the transformations introduced by the Table of Ranks. Such approach gives a more comprehensive perspective upon the evolution of the institution of organizational structure of the state civil service.

Author(s):  
Akil Ibrahim Al-Zuhari

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism


1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.


2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.


Author(s):  
Taisiia Barilovska

The purpose of the article is to clarify the external functions of the President of Ukraine in the context of ensuring the security of the state. The mechanism of performing the external functions of Ukraine is characterized by the complex structure of interrelated and interacting relations. Of particular importance in this mechanism is the President of Ukraine, who, in accordance with the powers enshrined in the Constitution of Ukraine and Ukrainian legislation, heads this mechanism and coordinates the operation of its parts. The foreign policy activities of the President of Ukraine are based on the general principles of separation of powers, of the rule of law, of constitutional responsibility, and on the specific principles of the unity and of the support of foreign policy. In order to improve the operation of the mechanism of implementing foreign policy, headed by the President of Ukraine, the measures aimed at intensifying foreign policy activities and enhancing the independence of the Government of Ukraine and developing the scientific component of this mechanism are required. The process of performing external functions of the state implies the existence of an appropriate mechanism. The mechanism of performing Ukraine’s external functions includes elements that are heterogeneous in their task, legal status, organization and other characteristics, which in their turn are interrelated and interacting. The President of Ukraine has a special place in this mechanism. In accordance with the Constitution of Ukraine, he directs the foreign policy of the country and as a head of state represents Ukraine in international relations. The logic of the current stage of the development of interstate relations strongly confirms that in order to effectively strengthen the common peace and international security, a unified strategy of interacting and regulating the external functions and powers of the presidents at the international level in ensuring this security must be developed. Perhaps, one of the most important functions of the President of Ukraine at the international level is the external function of ensuring the security of the state. Until the state has the security of its own territory and borders, other functions do not matter, because security is the guarantee of the stability, and therefore, the possibility of ensuring other functions.


2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.


Author(s):  
В Шайхатдинов ◽  
V Shayhatdinov ◽  
Валентин Агафонов ◽  
Valentin Agafonov ◽  
Леонид Вахнин ◽  
...  

The textbook deals with the main issues of the course "State and municipal service": General issues of state and municipal service, sources of law governing the state and municipal service, positions of state and municipal service, the legal status of state and municipal employees, issues of combating corruption in the state and municipal service, admission, passage and termination of state civil and municipal service, features of legal regulation of civil service in certain state bodies, military service, public service of other types, social protection of state and municipal employees, personnel work and personnel policy in the civil and municipal service, management of state and municipal service.


2021 ◽  
pp. 03-11
Author(s):  
V.I. Osadchyi ◽  
◽  
V.K. Khilchevskyi ◽  
V.O. Manukalo ◽  
◽  
...  

2021 marks the 100th anniversary of the National Hydrometeorological Service in Ukraine. The purpose of this study is to summarize the general history of the meteorological service and focus on the period that began in 1991 - during the independence of Ukraine, as at this time was the formation of the national hydrometeorological service. On November 19, 1921, the decree of the Council of People’s Commissars of the Ukrainian Socialist Soviet Republic «On the Meteorological Service in Ukraine» was signed. In 1991, the State Committee of Ukraine for Hydrometeorology was established. To overcome the problems faced by the Hydrometeorological Service of Ukraine in 1993, measures were developed to stabilize and maintain the functioning of the service in conditions of insufficient financial and logistical support. In 1999, the Verkhovna Rada of Ukraine adopted the Law of Ukraine «On Hydrometeorological Activity», in which: the term «national hydrometeorological service» appeared; the principles of state policy in the field of hydrometeorological activity; the legal status of the service were established. In order to create a branch of hydrometeorological instrument making in 1996, the Government of Ukraine adopted the State Program «Meteorology». To strengthen the study of global and regional climate change in 1997, the Climate Program of Ukraine was adopted. The meteorological service was equipped with technical means of foreign production. A powerful computer was purchased for the Ukrainian Meteorological Center, and a high-resolution data reception system from the Meteosat satellite was put into operation. The first Doppler meteorological radar in Ukraine was installed at the Ukrainian Aviation Meteorological Center (Boryspil).Since 2012, the Department of Hydrometeorology has been part of the State Emergency Service of Ukraine (SES). The Ukrainian Hydrometeorological Center (UMMC) is the main organization of SES for hydrometeorological activities. 25 organizations of the Hydrometeorological Service, which have a status of a legal entity, are subordinate to UHMC with operational issues. At present about 4,200 employees work in the Hydrometeorological Service, of which almost 50% have higher education.


2019 ◽  
Vol 15 (1) ◽  
pp. 26-50
Author(s):  
Nadirsah Hawari ◽  
Rachma Octariani ◽  
Eva Rosalia ◽  
Sinta Arifka ◽  
Asep Candra

Abstract According to Islamic Shari'a, holding a public office is not a right for an individual, but an obligation for the State. Therefore, the government, both the regional head and all its officials, must select the most suitable and most suitable person for every government job. It should not be made of nepotism by looking at kinship, friendship, or faction from any relationship with the eligibility of someone to hold a position .The existing rulers should appoint officials from the best people (al-ashlah), the Prophet said which means "whoever holds a Muslim's business (meaning being a ruler) then he appoints someone to be an official even though he knows there are more people good for (benefit) of the Muslims, then really he has betrayed Allah and His Messenger "(Ibn Taimiyah). If the head of state or other officials do not find the right person for a certain position, in this situation they must choose the person who is more representative. Representative here means the person who is the most appropriate from the one for each government position. And also in this selection process, the head of state and other officials must know about the standards of eligibility al-quwwah (strength) and al-amanah (trust). Al-Quwwah is the ability and feasibility of a job assignment. Whereas trusteeship is a behavior that focuses on the management process regarding the position or function of a position that is in accordance with Islamic Shari'a with the intention of only devoting to Allah and not based on fear of humans and expecting their self-interest. nominating yourself is required to convey the vision and mission and the state program that will be implemented. In this case, the community or community is very necessary to obtain information on the candidate pairs who nominate themselves, and the campaign that can be used as a means of communicating politics and public education. The leaders, servants of the State, civil servants or the military, judges and so on, are essentially representations of the voices of the people they lead. The leaders are no more than public servants who must devote and dedicate their leadership to the benefit of the people. The leaders are only representatives of the fulfillment of the rights of the people, so that they are obliged to run the government properly.    Abstrak Menurut syariat islam, memegang suatu jabatan-jabatan umum bukanlah hak  bagi individu, melainkan kewajiban atasnya bagi Negara. Oleh sebab itu, pemerintah baik kepala daerah dan seluruh pejabatnya harus menyeleksi orang yang paling cocok dan paling layak bagi setiap pekerjaan pemerintahan.Tidak boleh beerbuat nepotisme dengan memandang kekerabatan, persahabatan, atau golongan dari manapun yang tidak ada hubunngannya dengan kelayakan seseorang untuk memegang suatu jabatan.Para penguasa yang telah ada hendaknya mengangkat para pejabat dari orang orang terbaik (al-ashlah), Nabi bersabda yang artinya“barang siapa memegang suatu urusan kaum muslimin (maksudnya menjadi penguasa) kemudian ia mengangkat seseorang menjadi pejabat padahal ia mengetahui ada orang yang lebih baik bagi (kemaslahatan) kaum muslimin, maka sungguh ia telah mengkhianati Allah dan Rasul-Nya” (Ibnu Taimiyah).Apabila kepala Negara atau para pejabat lainnya tidak menemukan orang yang tepat untuk suatu jabatan tertentu, dalam keadaan ini mereka harus memilih orang yang lebih representative. Representative disini memiliki arti yakni orang yang paling tepat dari yang ada untuk setiap jabatan pemerintahan. Dan juga dalam proses penyeleksian ini, kepala Negara dan pejabat lainnya harus mengetahui tentang standar kelayakan  al-quwwah (kekuatan) dan al-amanah (kepercayaan).Al-Quwwah ialah kemampuan dan kelayakan suatu tugas jabatan. Sedangkan amanah, merupakan perilaku yang dititik beratkan pada proses  pengelolaan perihal jabatan atau fungsi dari suatu jabatan yang sesuai dengan syariat islam dengan niat hanya bertaqwa kepada Allah dan bukan berdasar pada ketakutan kepada manusia dan mengharap pamrih dari mereka.Didalam pelaksanaan kampanye, pasangan calon kandidat yang mencalonkan diri diharuskan untuk menyampaikan visi dan misi serta program kenegaraan yang akan dijalankan. Dalam hal ini, umat atau khalayak masyarakat sangat perlu untuk memperoleh informasi atas pasangan calon kandidat yang mencalonkan diri tersebut, dan kampanyelah yang dapat dijadikan sebagai sarana berkomunikasi politik dan pendidikan masyarakat. Para pemimpin, abdi Negara, pegawai sipil atau militer, hakim dan lain sebagainya, pada hakikatnya merupakan representasi suara rakyat yang mereka pimpin. Para pemimpin tidaklah lebih dari pelayan masyarakat yang harus mengabdikan dan mendedikasikan kepemimpinannya untuk kemaslahatan rakyat. Para pemimpin hanyalah wakil akan pemenuh hak hak umat, sehingga mereka wajib menjalankan roda pemerintahan dengan baik.


Literary Fact ◽  
2020 ◽  
pp. 237-282 ◽  
Author(s):  
Igor Vinogradov

The paper is devoted to the study of Nikolai Gogol’s idea of the social and official status of the Mayor, the character of a “head official” in the satirical comedy The Government Inspector. So far Gogol’s view of his character as a raznochinets, a “mean plebeian”, who blemished his rank and position, hasn’t been considered by the scholars. In Gogol’s opinion, Skvoznik-Dmukhanovsky, who started his career from the lowest position and acquired his rank and title of nobility with “hard service”, nevertheless hasn’t become a true nobleman because of his bribery and corruption. From this perspective, the character of the Mayor helps to better understand the purpose of Gogol’s satire. Both in The Government Inspector and The Gamblers, another Gogol’s play, that has much in common with his most famous comedy, the satire is not aimed at “those in power”, nor the “state machine”, but at all kinds of frauds and swindlers among officials. Critically examining the state administration in Russia, Gogol shows them through the eyes of a high-ranking, responsible official who takes the problem very much to heart. This point of view resonated with that of the Emperor Nicholas I: it took his personal intervention to have the play published and staged. The paper consists of five parts: 1. The Mayor’s career; 2. Character archetypes in The Tale of How Ivan Ivanovich Quarreled with Ivan Nikiforivich and The Government Inspector; 3. Characteristic features of an “average official” in Gogol’s works; 4. The Mayor as a liminal character; 5. Gogol’s use of satire. The paper is based on extensive factual material that allows to trace in detail the Mayor’s career and to specify Gogol’s idea of the comedy as a satiric play aimed at obnoxious saboteurs, both nobles and commoners, who subvert the royal power and the state with their unworthy behavior, who are unfit for the positions they occupy and unable to meet the requirements of the supreme authority. The milestones of the Mayor’s career clearly confirm Gogol’s words that “the government consists of us, we climb the career ladder and make up the government”, that “the occupant of the position is to be blamed, and he is our brother”, and that readers and should be able to find with themselves the faults satirized in the comedy. With utmost sincerity and acuteness Gogol advocates healing self and society, extirpation of vices without the hidden agenda of changing political regime. The paper for the first time considers the connection between two scenes (“Anna Andreevna and Maria Antonovna”. “Khlestakov and Rastakovsky”) published in 1841 and the idea of The Government Inspector


Author(s):  
Kh. Yamelska

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.


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