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

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.

Features of the Russian Small and Medium-sized Enterprise Lending Market at the Present Stage

Lending is one of the factors in the development of small and medium-sized businesses. In recent years, the Russian state has made serious efforts to increase the availability of borrowed funds for business and uses the lending market as a tool to accelerate economic growth. The work shows that the same mechanism works as one of the most rapid and effective in the implementation of anti-crisis policies, which can be observed, including during the 2020 pandemic.The purpose of the study is to identify the features and problems of the modern stage of the development of the lending market for small and medium-sized enterprises in Russia. The article considers two levels of financial support for small and medium-sized businesses: federal and regional. Today they are represented by different institutions that complement each other. However, despite large-scale state programs to stimulate lending, the share of small and medium-sized enterprises using borrowed funds remains low and insufficient for the active development of this sector of the economy.The study used expert and statistical analysis, the information base for the study was statistics from the Bank of Russia, the Federal Tax Service, legislation in the field of entrepreneurship, data from executive authorities, analytical reports from the Bank of Russia, the Accounts Chamber of Russia, and the Expert RA rating agency

"[S]ie war männersüchtig, vergnügungssüchtig, unrein, faul ,bis zum Exceß' [...]". Wandel und Kontinuität im häuslichen Dienst

“[S]he was obsessed with men, sybaritic, impure, lazy to extremes […].” Change and Continuity in Domestic Service. In the 19th century, domestic service became a livelihood almost exclusively of women of the lower social strata. It was, however, characterised by the continuity of unequal power relations. Service legislation stabilised servants’ dependence on their masters and mistresses in the context of the household until the 1920s, a dependence intended to control servants’ behaviour and mobility. Stereotypes of female servants in particular formed the basis of service legislation and supported the dominance of middle- and upper-class as well as agrarian elites. Such gendered perceptions were represented and produced inter alia in popular, political and legal texts. This contribution investigates the entanglement of legislation and discourse from a perspective of gender history and describes their transformation in Vienna and Lower Austria in the course of the long 19th century.

The Politics of Appointment of Top Civil Servants: Career Backgrounds and Civil Service Politicization in the Czech Republic

This 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.

RECRUITMENT TO THE CIVIL SERVICE: AT THE LEGAL AND FACTUAL LEVELS

The effective and successful implementation of the constitutional right of citizens to participate in the management of the state depends on the admission to the civil service. Admission to the civil service is one of the central issues of the civil service legislation. As the civil service is a relatively young and newly studied area in our legislation, there is a constant need for scientific research and suggestions for improvement in this area. The article reflects the legal and factual problems in this field, as a right to civil service, the conduct of competitions, the criteria for evaluating candidates. Key words: right of admission, organization of competitions, evaluation of the candidate, legal basis, actual problems

THE CURRENT STATE AND PROSPECTS OF PUBLIC ADMINISTRATION REFORM AFTER 2014 YEAR

As for the civil service in Ukraine, we can identify a number of innovations aimed at improving the performance and ensuring the quality of civil service, namely: separation of administrative and political positions; clarification of the legal status of a civil servant; separation of civil service from political activity; establishing an exhaustive list of persons who are not subjected to the civil service legislation; introduction of a new approach to the classification of civil servants’ positions; a competency-based approach to the selection of candidates for the civil service; defining legislatively common approaches to entry, performance and separation from civil service; improving professional skills and professional training of civil servants, their labor remuneration, bonus payments and encouragement, as well as disciplinary responsibility. Reforming the civil service legislation has become the most important step towards the public administration reform. Constant changes and amendments to the newly adopted legislation signify about it imperfection. Nevertheless, it should be noted that legislators and reformers are moving in the right direction. The data analyzed in the article show that Ukraine has come a long way from the Soviet civil service legacy. However, it is still in the middle of the road: these achievements must be supported by continuous efforts to render them irreversible and significantly improve the efficiency of public administration. The analysis of the sources in the article shows that the ideal picture of a public servant should correspond to his real perception. In fact, the public perception of civil servants in Ukraine is quite negative, as people see a striking difference between the reality and the ideal mentioned above. It turned out that the public servant, according to public perception, lacked almost all the necessary features. This demonstrates the enormous problems with civil servants in Ukraine due to the mismatch between public perception and the ideal image of a public servant. Thus, statistics show that the majority of respondents (about 70 percent) said that a Ukrainian civil servant is poorly qualified, tends to avoid solving complex cases, impatiently violates the law, demonstrates low respect for customers, is not trustworthy, is biased and interested in his own interests (puts one's own interests ahead of the public), non-result oriented, etc. The article concludes that public service reform in Ukraine should be supported not only by political measures that enhance the professionalism of employees, but also include procedures for changing public attitudes towards them. The negative perception of civil servants can be closely linked to the civil service itself: Ukrainians perceive it as a corrupt and bureaucratic institution that breaks innovation, does not care about cost-effectiveness, and does not perceive positive change.

Challenges of civil service ”restarting”

Introduction. The article explores the problems of the civil service in Ukraine, in particular in the context of significant amendments to the Law “On Civil Service” that were introduced in September 2019 and stipulated by the “reset of power”. The analysis focuses on the possible impact of such innovations as the possibility of dismissal without justification (grounds) of senior civil servants from positions of the category "A"(actually, based on a change of the Government), leveling of competitive procedures for selection on civil service, whereby the subject of appointment is offered for arbitrary selection of “up to 5 candidates” according to results of a competition, introduction of “contracts” in the civil service of Ukraine, simplification of procedures on recruitment and dismissal of civil servants and their approximation to relations in private (commercial) sector. Aim of the article. The aim of the article is to draw attention to the risks posed by the aforementioned changes in the civil service legislation, since such key principles of the civil service as professionalism, stability and public-law regulation of civil service relations are undermined. Results. The results of the research suggest that without protection by the law, civil servants cannot perform their functions properly, as they become vulnerable to pressure. And as a result of instability and arbitrary dismissals, the evolutionary professionalization of the civil service and its political neutrality (impartiality) are destroyed. Conclusions. Therefore, the amendments to the Law “On Civil Service” of September 2019 are extremely threatening to the Ukrainian civil service system. In the case of their negative impact confirmation, it is recommended to correct the errors as soon as possible and to return to building a civil service system on the European principles of good governance and public administration. Ukraine also needs to form a culture not only of the "transfer" of power from "outgoing" politicians, but also of "acceptance" of this power by new political leaders.

Public Service Legislation and Public Service Reform

Legislation is one important component of the public service reform agenda. Legislative change contributes to both of the objectives of change: strengthening the role of the public service as part of executive government, and ensuring the organisational flexibility and system leadership needed to help meet the challenges New Zealand faces. To this end the Public Service Bill will be designed to reinforce the spirit of service and help build public trust by articulating common purpose, principles and values for the public service. It will formalise the role of the public service in supporting the Mäori–Crown relationship. The legislation will also address building the capacity of the public service to work as a single system by enabling new organisational forms, leadership arrangements, and a modernised framework for public service employment.

LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES

The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.