scholarly journals On determination of the deadlines with regards to restrictions arising after the dismissal of civil servants for loss of credibility

Author(s):  
Tigran Antonovich Zanko

The subject of this research is the legal norms that regulate the consequences of bringing civil servants to responsibility in the form of dismissal due to loss of credibility. It is noted that the current norms of civil service legislation do not contain specific deadlines for restrictions upon the admission to civil service after dismissal for loss of credibility. It is also indicated that the exclusion of a citizen from the register of persons dismissed for loss of credibility does not prevent negative consequences such as failure to enter into civil service is indefinite per se. The author compares the sanctions that restrict the admission of individuals to civil service within the framework of disciplinary, administrative, and criminal responsibility. The main result lies in formulation of practical recommendations for the improvement of civil service legislation, namely clarification of the paragraph 10, of the Part 1 of the Article 16 of the Federal Law No. 79-FZ for determination of the term in which the restriction caused by dismissal for loss of credibility is imposed on the entry into civil service. The article also suggests the mechanism for admission to civil service of persons who have been dismissed for loss of credibility, with participation of the Commission for combatting corruption-related offences.

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.


Author(s):  
Nurgissa KUSHEROV

The article highlights the problems of deep intergenerational transformation in the civil service of the Republic of Kazakhstan over the past decade, offers a new approach to public administration in accordance with the theory of generations, formulating solutions based on the value of each generation. At the same time, frequent staff turnover, self-determination of civil servants, efficiency of civil service and other issues are analyzed in accordance with the concepts of the theory of generations. The article developed empirical recommendations that will serve as the basis for improving some functions of the civil service.


2007 ◽  
Vol 79 (9) ◽  
pp. 194-209
Author(s):  
Zoran Bašić

In this article, the motives and explanations for making The Code of Conduct for employees in the administration of Autonomous Province of Vojvodina and proposals for content of that code, in form of theses, are given in six parts. In the first part common considerations on the characteristics of ethical rules are layed out. In the second one, the basic reasons and purpose for codification and implementation of ethical rules for employees in provincial administration are given. The third one contains considerations on the subject the codification of ethical rules is aimed at and on the process of internalization of those rules. In the fourth one, the content of ethical rules is proposed, related to the regulation of behavior of civil servants and relationships in provincial administration regarding the development of human resources and insurance of the personal integrity of civil servants, as well as establishing rules relating to the relationship to the work in civil service and to the civil service, to mutual relationships between civil servants and their relationships to citizens and to the publicity. In the fifth part the content of ethical rules regarding the relationships of civil servants to corruption behaviour is proposed. The sixth part contains the reasons and basic guidelines for making and implementing The Code of conduct for employees in provincial administration.


Author(s):  
Serhii Gusarov

The study of the issues of civil service reform in Ukraine in the current conditions of development of Ukrainian society and the state is an extremely relevant subject and requires appropriate research. The author aims to analyse the most resonant reform measures in the civil service, which were recently initiated by the government and received mixed reviews, in particular, the announced redundancy in the staff of civil servants and the introduction of a contract form of civil service, as well as to offer scientifically sound proposals for improvement of appropriate measures. In the work with the use of general scientific and special methods of scientific knowledge (dialectical, Aristotelian, comparative law, system analysis) the legal bases and scientific sources on redundancy of staff and contractual form of employment are considered; the provisions of the national labor legislation were compared with the provisions of the national legislation on the civil service, which provide for the rules of staffing cuts among civil servants, including guarantees of their rights upon dismissal on appropriate grounds; the provisions of the national legislation concerning the rules of application of contracts upon appointing civil servants are investigated. The conclusion is made: 1) on the need for appropriate revision of the Law of Ukraine "On Civil Service"; 2) on the expediency of creating new productive jobs in various sectors of the national economy, where redundant civil servants will be sent after retraining; 3) that any reforms of society and public administration must be carried out subsequent to an in-depth study of public opinion, analysis of possible negative consequences, development and implementation of compensatory mechanisms. It is emphasized that it is mandatory to involve scientists, experts-practitioners, employers, and representatives of public, in particular trade unions, in the process of developing reforms in civil service.


2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.


Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.


Author(s):  
Ekaterina Nikolaevna Smirnova

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.


Author(s):  
І. Dorosh ◽  

The article provides a theoretical overview of the categories of the resource concept of stress and identifies their applied aspect in the field of domestic public administration. After all, the civil service is a special type of management activity, which is characterized by a high level of social responsibility, publicity and, as a rule, insufficient motivation. In addition, the civil service is classified as an activity with high human requirements. To do this, there is presented the model of occupational stress, proposed by J. Greenberg, which provides an opportunity to understand the importance of personal characteristics of the employee in the process of constructive resolution of stressful situations. After all, the ability to adapt to changes in the environment, the perception of threats can both strengthen and weaken internal organizational sources of stress and external, outside the organization. The presented model focuses on the negative consequences, namely the deterioration of employee health due to stress at work. It is also disclosed the concept of "coping" as a unique type of overcoming a stressful situation, the strategy of behavior. The basic classification of coping strategies proposed by Lazarus and Folkman is considered, as well as a number of specific coping strategies that characterize the basic classification groups. In addition, there are two approaches to the study of coping, namely: deductive and inductive. The deductive method is based on the study of existing literature and the results of coping research. The inductive method is to analyze people's actions and opinions in certain situations without imposing specific coping strategies on the basis of a survey. A person's resources are his knowledge, skills, abilities, emotional and social intelligence, which together form his stress resistance, the habit of choosing certain coping strategies to overcome stressful situations. This is the essence of the resource concept of stress. In the initial stages of stress, a person spends personal resources to eliminate stress factors. Its protective response is activated at the stage of scarcity of these resources and is due the need to restore them. In the case of exhaustion, when it is not possible to replenish lost resources, a person is exposed to psychological stress, which leaves its negative impact on the results of its work. Thus, we can conclude that stress is not a constant characteristic of the individual. It is dynamic: in case of deficiency of personal resources - the level of stress resistance decreases. In accordance with the accumulation and conservation of these resources - the level of stress resistance will increase. Therefore, ensuring a high level of stress resistance of civil servants is the result of a successful combination of available personal resources of a specialist at the stage of his employment with constant self-development, training, gaining experience, etc. Because an important factor in choosing the right coping strategy of the individual is its resourcefulness.


2020 ◽  
Vol 13 (2) ◽  
pp. 75-92
Author(s):  
Marek Rybář ◽  
Milan Podmaník

AbstractThis contribution seeks to answer the question whether the new civil service legislation that entered into force in 2015 in the Czech Republic led to the depoliticization of the country’s ministerial bureaucracy. To that end, we compare the career backgrounds of top civil servants before and after the entry into force of the new Civil Service Act. The article examines the career backgrounds of the persons appointed as ministerial deputies between 2013 and 2018, focusing on their last “pre-deputy” jobs and considering a broader set of their career attributes. A focus on the previous job reveals that even before the law was introduced, bureaucrats constituted the largest share of appointees, and their share even increased with the new legislation. The incidence of deputies appointed directly from party-related jobs dropped considerably. However, when a broader set of career attributes is considered, the share of partisans among the pre-2015 deputies nearly matches that of the career bureaucrats. Ostensibly political careers among the post-2015 deputies declined but remain significant. Hence, there has been a decline in the open politicization of the ministerial bureaucracy after 2015. Party political effects also matter, as the new ANO party, after entering the executive, has taken a different approach to top bureaucratic appointments than the other major governing Czech parties. Typically, deputies appointed into the positions under the ANO’s control would not have links to the party itself but would be recruited via non-party channels, e.g. from pre-political networks of the ANO ministers and leaders. Consequently, though less politicized by party agents, the current Czech system is more a product of choices made by government ministers of the day than a stable arrangement resulting from firmly established norms and rules.


Author(s):  
Galina Leonidovna Zemlyakova

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.


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