NB: Administrative Law and Administration Practice - rubric Public and municipal service and the citizen
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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. 
Bobrova A.V. - The Principle of "Mirror Reflection" in the Rights and Obligations of Participants in Foreign Economic Activity and Customs Authorities pp. 1-13

DOI:
10.7256/2306-9945.2023.2.39725

EDN: IEOEAL

Abstract: The subject of the study is the relationship between the rights and obligations of participants in foreign economic activity and customs authorities, namely, the implementation of the principle of "mirror reflection" in the complex formation of rights and obligations. The purpose of the study is to search for gaps in customs legislation that do not directly link the rights and obligations of customs subjects, as well as to develop recommendations for its amendment. The methodological basis of the study was a comparative analysis of the rights and obligations of customs authorities and their officials with the rights and obligations of participants in foreign economic activity, in particular, declarants, persons subject to customs inspection, and other participants. The novelty of the research lies in the formation and justification of the principle of "mirror reflection" when introducing the rights and obligations of the main counterparties in customs. The study revealed a discrepancy between the rights and obligations of the parties, both in the context of the relations "customs authorities Ц participants in foreign economic activity", and when comparing the rights and obligations of each of the parties. It was also shown that they are not presented systematically and in full in regulatory legal acts, and their implementation is hindered by the lack of an effective mechanism. The results of the study can be used by the legislative power of the country to amend customs legislation and customs authorities to regulate relations with participants in foreign economic activity. The article develops recommendations for improving the legal basis of relations for customs entities, in particular, it is proposed to bring the rights and obligations of the parties into full compliance, as well as to justify the mechanism of their action within each right and obligation.
Grigorev I.V., Shaikhatdinov V.S. - Pension Provision of Individuals who Served at State Law Enforcement Authorities and Their Families pp. 7-14

DOI:
10.7256/2306-9945.2018.3.27308

Abstract: The article is devoted to particular issues of the legal regulation of pension provision of individuals who served at law enforcement authorities, and their family members. The authors of the article have analyzed the grounds for differentiating the legal regulation of the social security for civil servants. They outline issues that may arise in the process of granting and calculating pensions for employment years, disability pension or loss of the breadwinner. The authors describe the main legal positions of the Constitutional Court of the Russian Federation and Supreme Court of the Russian Federations regarding pension provision of law enforcement officials and their family members. The methodological basis of the research is the general research methods, in particular, systems analysis, and generalisation of theoretical and practical materials, and special research methods such as comparative law method, technical legal analysis, etc. The novelty of the research is caused by the fact that the authors carry out a complex analysis of the legal issues of that may arise in the process of pension provision of law enforcement officials and their family members. The most important results of the research include the authors' recommendations regarding improving the current legislation on pension provision as well as law enforcement practice. 
Vasileva 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. 
Averyanova M.I. - Topical Issues of Exercising the Right to Housing by Civil Servants pp. 10-32

DOI:
10.7256/2306-9945.2019.1.28977

Abstract: The subject of the research is the housing laws and regulations that define the legal statu sof civil servants and associated law-enforcement practice. The object of the research is the social relations arising in the process of civil servants executing their constitutional right to housing. The author of the article also examines peculiarities of the main guarantees of civil servants' housing rights. She focuses on the judicial practice that plays an important role in defining the most topical issues, particular disputes and recommendations on how to improve the current legislation. The research is based on the use of the systems analysis and generalisation of regulatory, theoretical and practical data and the method of comparative law. The scientific novelty of the research is caused by the fact that the author covers the problems that may arise in the process of exercitising the housing rights of civil servants (in both federal districts and Russian Federation constituents) as a special professional grpu which can be used in the Russian law for further improvement of the civil service. The author also summarizes judicial practice on housing rights that involved both federal and Russian Federation civil servants. The researcher offers her definition of guarantees of hosing rights of civil servants as the legal obligations of the government to provide social benefits (housing or financial funds to buy housing) and protect the social statu sof civil servants as well as to increase the level of stability of state officials and compensate for restrictions set forth by the law for civil servants. As a conclusion, the author also describes the main means and methods of protection of civil servants' housing rights and issues that may arise in the process of exercising their housing rights. 
Rebrishchev N.M. - Stages of reformation and problems of development of the Institute of Public Service in the Russian Federation pp. 13-21

DOI:
10.7256/2306-9945.2022.1.33857

Abstract: The subject of the study is the formation and development of the institute of public service in the Russian Federation as a public administration apparatus. The object of the study was the social relations arising in the process of reforming and formation of the institute of public service in the Russian Federation. The purpose of the article is a comprehensive study of the institute of public service in the Russian Federation, identification of problems of development of this institute, as well as the development of practical recommendations for their elimination. The author pays special attention to the stages of reform and development of the institute of public service in the Russian Federation at the present time. Their analysis is carried out within the framework of administrative reform, as well as the problems of the development of the institution of public service and ways to solve them are outlined. At the same time, the author identifies certain features that allow determining the quality of public service as a social institution in the state. The compliance of the current model of public service in the Russian Federation with these characteristics is considered. †† The main conclusions of the author in the study of the topic are that the main directions of the development of the civil service should be: the definition of clear goals and objectives of the civil service; the completion of the reform of the military and law enforcement service through proper regulatory regulation of these types of public service; the creation of a public service management system; information support for the reform of the civil service; increasing the prestige of the civil service through the introduction of new methods of stimulating civil servants and strengthening public control over the activities of public authorities. The novelty of the research lies in the fact that the author, analyzing the main problems of the development of the institute of public service, concludes that the ongoing reform of the institution under study has encountered a barrier of traditional bureaucratic values and paternalism of public service relations. This has led to the discrediting of the institution of public service in society and the discrepancy between the declared goals of public service and the real goals of the activities of civil servants.
Kostennikov M.V., Kurakin A.V., Vatel' A.Y. - 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. 
Chzhan K. - The practice of motivating employees with wages in the Public sector of the People's Republic of China pp. 44-49

DOI:
10.7256/2306-9945.2022.1.33142

Abstract: The article discusses the practice of motivating employees of the Chinese public sector through wages. The author notes that, in general, the system of "salary" motivation of employees in the public sector is characterized by a rather low role of the basic salary and seniority allowances. The main earnings of employees are provided by the official salary, the coefficients of collective and personal efficiency at work that increase the amount of earnings, allowances and surcharges directly related to the effectiveness of staff work, their professional development and career growth. At the same time, mechanisms are actively used to avoid an excessive gap in the income level of senior employees and the bulk of the staff. † The difference in the salary level is strictly limited, the level of remuneration is tied to the formalized requirements imposed on each specific employee. The article notes that the equalizing principles of remuneration accrual are closely and quite harmoniously combined with purely market ones. The latter makes it possible to motivate employees to highly productive work, improve their qualifications, receive education, participate in the rationalization of production, and at the same time makes it possible to minimize conflicts between senior employees and the bulk of the staff, as well as to avoid the occurrence of such a destructive factor as awareness by the bulk of employees of the injustice of the payroll system.
Grigorev I.V. - Anti-corruption components of the legal status of municipal employees pp. 69-79

DOI:
10.7256/2306-9945.2022.3.38402

EDN: SDWHWS

Abstract: The implementation of the National Anti-Corruption Plan for 2021-2024 revealed the need for a scientific analysis of the problems of legal regulation of the regulation of anti-corruption components of the legal status (status) of municipal employees. The subject of the study are normative and methodological sources that consolidate the rights, duties and prohibitions related to municipal service, as well as mechanisms for their implementation. The author examines in detail the practical problems arising in the application of anti-corruption legislation related to the rights of municipal employees to perform other paid work, to purchase and own securities, the obligation to notify about the possible occurrence of a conflict of interest, the restriction of donation in connection with the exercise of professional official activity, the presentation of information and income, expenses, property and property obligations. Special attention is paid to some legal positions of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation) and courts of general jurisdiction related to the peculiarities of the legal status of employees. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the problems of legal regulation of anti-corruption components of the legal status (status) of municipal employees. The main conclusions of the study are the identified gaps and conflicts in the regulation of the issues under consideration. In addition, an assessment is given of the formed judicial practice in cases on the statements of prosecutors about the appeal to the income of the Russian Federation of property in respect of which evidence of its acquisition for legitimate income is not provided. Among the most significant results are the formulated proposals for improving the current federal legislation on combating corruption in the municipal service system.
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