NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Public and municipal service and the citizen"
Public and municipal service and the citizen
Kabanov P.A. - Organizational and legal aspects of prosecutorial supervision in relation to the creation and organization of commissions on compliance of official conduct of government (municipal) employees and resolution of conflicts of interest pp. 1-11

DOI:
10.7256/2306-9945.2013.1.405

Abstract: This article deals with complex organizational and legal issues in relation to the prosecutorial supervision of the formation and organization of specialized anti-corruption agencies - commissions on compliance with the official conduct of government (municipal) employees and the resolution of conflicts of interest in government (municipal) service encountered by government agencies and/or local government authorities. The article distinguishes and justifies two main areas of prosecutorial supervision: supervision of the legality of these commissions, and supervision of the legality and validity of their recommendations and binding decisions. As a result of this comparative legal study, the author establishes, formulates, and proposes a checklist of issues to be used in the implementation of prosecutorial control over federal and/or regional Russian legislation in relation to government and/or municipal service, as well as laws on combating corruption in public authorities and/or local government bodies.
Channov S.E. - Organization of activities of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service. pp. 1-13

DOI:
10.7256/2306-9945.2013.5.797

Abstract: The article concerns organization and functioning of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service. The author notes that the new Provisions on Commissions basically prohibited to include into them representatives of "other organizations", as it was previously provided. On one hand, this is a positive change, since it allows to deal with the loophole, which existed earlier.  In practice many state bodies used the term "other organizations" in order to invite as "independent experts" public officials from other state bodies to their commissions, which basically was a distortion of the idea of control of civil society over the procedure of rgulation of conflict of intersts, however, was in compliance with the letter of the law.  On the other hand, it excluded the possibility to include representatives of organizations other than scientific and educational organizations (such as political parties, various associations and foundations, etc.) into the work of the commissions on compliance with the requirements to service behavior and conflict of interests regulation in public service.  In the opinion of the author the weakest place of the Provisions is that the decisions of commission are not binding. In his opinon within the framework of hte program against corruption in public service, the legislators should amend these Provisions and provide for the collegiate decision on the presence or absence of conflict of interests. The issue should find similar resolution in respect to ther types of state and municipal service.
Komakhin B.N. - The criteria for the improvement of professional activities of public servants. pp. 1-15

DOI:
10.7256/2306-9945.2013.6.9494

Abstract: The article concerns legal and organizational fundamentals for the information guarantees of public service, the author points out some obstacles in the way of development of information technologies in the sphere of public service relations.  The author points out the directions for the improvement of service activities and legal relations in this sphere. In the article the author points out various social relations forming with the regard to the information guarantees of service activities of the public servants of various state government bodies.  The article contains descriptions of efficiency criteria for the professional activities of the public servants in government bodies. Improvement of efficiency of state service presupposes its connection with the municipal service and with institutions such as innovation state and information society. The author singles out efficiency criteria for service modernization activities. It is stated that efficiency of innovative service activities may be characterized as being regulated with the norms of law and protected by the coercive force of state effective, innovative social relations, to which public servants on one hand and relevant public formations on the other hand are parties to.
Komakhin B.N. - Service procedures and process of their implementation within the public civil service system in the conditions of development of innovative technologies. pp. 1-24

DOI:
10.7256/2306-9945.2013.7.9975

Abstract: The article concerns legal and organizational problems of implementation of administrative service procedures within the public service system, the author discusses specific features of these procedures, based on which he makes conclusions on the need to improve them. Additionally, the article contains various points of view on the institution of public service and analysis of the tendencies of its development from the time of its formation till its current conditions. The author discusses the process of hiring a person into the public civil service, namely, contest access, formation of the contest commission, etc. The authort evaluates elements and parties to service contract, its form and contents, order of its conclusion.  The author also discusses attestation of civil servants. It is noted in the article, that administrative service procedures allow the citizens to implement their constitutional right to enter public service and to have careers in it. That is why it is objectively necessary to improve all of the existing judicial procedure.
Kurakin A.V., Kuleshov G.N. - Public service and information technologies. pp. 1-20

DOI:
10.7256/2306-9945.2013.12.1070

Abstract: Due to the development of information processes in the sphere of public administration, the public civil servants are involved into the entire system of legal relations in the sphere of information, that is why it is not possible to imagine their control and supervision, permissive and competence activities without access to and use of relevant information. Considering it, it is currently necessary to develop a new model of administrative legal regulation of information relations within the system of public civil service, which would take into consideration the principally new challenges of global informatization of the modern society. The authors single out the urgent targets of the global information system. The federal executive body may clarify its request in order to provide the user with the necessary information on its activities.  The authors also refer to the situations, when the information is not provided, and mention the directions for the informatization of the public civil service.  It is noted what is necessary in order to improve administrative legal regulation of information security within the system of public civil service.
Grishkovets A.A. - Problems of development of service law pp. 1-57

DOI:
10.7256/2306-9945.2015.4.16509

Abstract: The subject of the article is the range of problems of legal and theoretical understanding of service law as a structural element of the system of administrative law. The author summarizes the results of a scientific discussion about service law and concludes that service law is not a sub-branch of administrative law; public service is still one of the fundamental institutions of administrative law. The author analyzes the concepts of service law from the position of administrative-legal regulation of employer-employee relations in Russia. The article presents the author’s positions on the public service concept. The main attention is paid to the development of methodology of administrative-legal regulation of employer-employee relations. The methodological base comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.). The author concludes that at present there are no grounds for service law formation. The author substantiates the conclusion that service law is not a sub-branch of administrative law, and public service is still one of the fundamental institutions of administrative law. The novelty of the research lies in the suggestions about the theory and the system of administrative law development. 
Korniichuk O.O. - The need for the official informing about the distribution of budget provisions in the Federal Penitentiary Service of Russia for welfare payments to the penal system officers and their families pp. 1-8

DOI:
10.7256/2306-9945.2016.4.18909

Abstract: The research subject covers the problems of budgetary funds using in the Federal Penitentiary Service. The author notes that, despite the declared success of the reforms in the sphere of social support of the penal system officers and their families, the existing economic and political problems (the economic crisis caused by the sanctions after the 2014 events in Ukraine, the reduction of budget provisions of the Federal Penitentiary Service, the stay of legal norms which used to provide for the increase of substantive pays of the penal system officers adjusted for inflation and others) lead to the distrust of the personnel in the senior staff, legal nihilism, the outflow of the personnel from the penal system and the weakening of its professional core. In the author’s opinion, one of the reasons for corruption crimes in the penal system is the social despondency of the penal system officers and their dissatisfaction with their material standing. Corruption destabilizes the normal functioning of the penitentiary system, undermines the citizens’ trust in law enforcement agencies, and, therefore, should be considered on the federal level. The urgency of this study is conditioned by the fact that at present, in order to maintain the penal system officers’ and their families’ trust in law and the state, and the effectiveness of the social support and implementation of their rights, acquired in accordance with the current legislation, establishing the officially recognized status of this category of citizen, the work of the Federal Penitentiary Service of Russia and the management of different levels should be transparent. The informing about the distribution of budget provisions within the Federal Penitentiary Service of Russia for welfare payments to the penal system officers and their families should be carried out both in the form of reports on the official websites of institutions, agencies and organizations of the penal system, and on the official website of the Federal Penitentiary Service of the Russian Federation. The research methodology is based on the latest achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to optimize budget expenses in the penal system, it is necessary to improve forms and methods of their application monitoring. The author asserts that it is necessary to develop legal regulation of financial control within the penal system. The author proposes the ways to develop forms and methods of budget monitoring in the penal system. 
Vasil'eva E.A. - Motivation in the system of public service in the Republic of Sakha (Yakutia): sociological analysis pp. 8-24

DOI:
10.7256/2306-9945.2017.4.23384

Abstract: The research subject is value-normative structure of regional public servants defining their motivation, and its transformation in the process of restructuring, which had taken place in 2016. Within the framework of this study, motivation is understood as readiness to pursue working within the system of public service, career planning and work satisfaction. The author defines the following key motives: material, i.e. orientation to high income, social benefits and guarantees, career and status motives, employment stability and intensity of work. The research is based on the method of questionnaire survey. The author uses stratified quota sample of 274 respondents with confidence interval of 5.55% and confidence probability of 95%. The author concludes that the key motive, which determined public servants’ readiness to pursue working in executive authorities in 2016, was stability of employment, and after restructuring – material motives. Besides, the key factor, defining the appeal of public service as a place of employment, is career expectations and stability of employment. During restructuring, the motivation had decreased. As the key demotivators, respondents mention low incomes and increased intensity of work. The author also notes high correlation between work satisfaction and public service period. Financial gain, social status and psychological climate are also significant factors of motivation. It means that under the conditions of frustration, public servants seek for other incentives to pursue working for public service. 
Kazantseva O.L. - Encouragement of public officials as a means of state service promotion pp. 10-20

DOI:
10.7256/2306-9945.2016.2.18832

Abstract: At present the state pays significant attention to the promotion of public service at large and civil service in particular. Chiefly it is manifested in the government policy of legal, social, economic, and other guarantees encouraging public servants towards the increase of quality and effectiveness of their work and a further career progress. At the same time, the correlation between state and municipal service determines the need for promotion of municipal service. Thus it is important and reasonable to study the government measures aimed at the promotion of the positive image of local government, the encouragement of local authorities and public servants. The article studies the forms of encouragement of public servants, provided by the legislation and municipal acts and applied in practice; the author detects the level of their effectiveness and offers the extra measures of municipal servants encouragement towards the effective work and development of creativity and initiative. The research base is composed of the scientific views of legal scholars and the legal sources which are analyzed with the help of general scientific and special methods. The results of the study can be used by the legislator for a further improvement of statutory acts in the sphere of encouragement of municipal servants, by legal scholars and students. 
Kostennikov M.V., Kurakin A.V., Vatel' A.Yu. - Anti-corruption and ethical standards for the service behavior of public civil servants. pp. 15-39

DOI:
10.7256/2306-9945.2014.4.12248

Abstract: The article concerns legal and organizational problems regarding implementation of anti-corruption standards of service behavior of public civil servants. It is noted that the relevant standards form a constituent part of their administrative legal status. It is also noted that with the help of various administrative legal means the state forms the environment, which shall not be succeptible to various corruption offences. The problem of corruption in various spheres of activities of state government bodies and administration is currently a global and systemic one. Corruption poses an immediate threat to the national security, stands in the way of development of democratic and civil society institutions in Russia, implementation of the constitutional rights of people in the spheres of education, health, social aid, proprietary relations. The methoological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.).  Additionally, corruption casts a negative influence upon the development of economics, financial system and the entire infrastructure of the Russian state. It should be noted that corruption in the activities of state government and administration bodies  facilitates development of organized crime, forming the basis for the development of extremism and terrorism centers, threatening implementation of the national projects, undermining the ongoing public legal reforms in Russia. All of these problems and a number of others objectively call for formation of the administrative legal mechanism against corruption in various spheres of activities of public servants, as well as for the formation of the institution of administrative justice.
Grishkovets A.A. - Disqualification of civil public servants. pp. 17-68

DOI:
10.7256/2306-9945.2013.11.1050

Abstract: The article concerns legal and organizational problems regarding implementation of administrative punishment of disqualification of civil public servants, noting some topical issues regarding application of this punishment, providing some theoretical and practical examples, regarding guarantees of lawfulness and discipline within the system of civil state service, and the proposals are made for the improvement of current legislation.  It is stated that the mechanism of legal responsibility of civil public officers should be corrected first of all by improving its disciplinary element.  It is also stated that there is no reason to limit application of disqualification only to those civil public servants, who are officials. Finally, it is concluded that the issues of improvement of disciplinary and administrative responsibility were not sufficiently studied by the modern legal scholars, and the scientific works on analysis of responsibility of state public servants are rare in the science of administrative law.  This article is aimed to fill the existing gap to some extent.
Pavlova E.V., Aksenova A.V. - Patriotic education as an element of awareness-raising work with the employees of the correctional system pp. 22-27

DOI:
10.7256/2306-9945.2015.6.18351

Abstract: The authors consider the issues of patriotic education of the employees of the correctional system. Special attention is paid to the building of such traits of character as fidelity to the oath and the call of duty, personal responsibility for the fate of the Fatherland, selflessness, readiness to self-sacrifice, fairness, incorruptibility, honesty, and a sense of duty. The research subject is the range of social relations in the sphere of patriotic education of the employees of the correctional system as an element of awareness-raising work. The improvement of patriotic education, awareness-raising work, and psychological support of the employees of the correctional system includes the set of legal, normative, organizational, methodological, research, and information measures. Patriotic education is the priority direction in the awareness-raising work with the personnel. The novelty of the study lies in the new vision of such directions of patriotic education in the correctional system as moral, historical and cultural, civic and patriotic, military and patriotic, sport and patriotic, which are based on educating the professional, competent, active employees of high moral standards. 
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