Civil Service Positions Research Articles

Legal nature of the position of Commissioner for the European Court Of Human Rights

The article is devoted to the legal nature of the position of the Commissioner for the European Court of Human Rights as a factor in determining its legal status, including the procedure for appointing candidates to this position. The relevance of the study is mainly due to the incorrect approach reflected in the legislation of Ukraine to understanding the nature of the position of the Commissioner for the European Court of Human Rights and determining its legal status. The results of the study substantiate that the position of the Commissioner for the ECHR should be defined at the level of the legislation of Ukraine as a civil service position, given that the Commissioner for the ECHR, within the limits of his competence established by the provisions of the legislation, independently performs administrative functions related to the implementation of the requirements of the Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights” and other regulatory legal acts by which the Commissioner for the ECHR is guided in his activities. At the same time, requirements for candidates for the position of the Commissioner for the ECHR and the competitive procedure for his appointment should be established, with the Minister of Justice being given the opportunity to choose from among the three candidates selected by the competition commission for the position of the Commissioner for the ECHR, taking into account the special nature of his power-management and representative functions for further submission of the appropriate candidate to the Cabinet of Ministers of Ukraine for appointment. However, the Commissioner for the ECHR, due to the nature, tasks and powers inherent to this position, cannot be recognized as an employee of the patronage service of the Minister of Justice, since the patronage service is not accompanied by the personal performance of state and local government functions by employees of the patronage service, but rather by the provision of advisory, informational, communication and other assistance to political figures and civil servants who may form the patronage service. Similarly, the fact that the position of Commissioner for the ECHR is not classified as a political position excludes the fact that this official does not form state policy in a particular area of public relations, is not an elected official, and his or her managerial discretion in the main areas of his or her activity is insignificant.

Mapping China’s influence at the United Nations

AbstractHow do emerging powers secure international leadership posts? How do these international civil service positions contribute to an emerging power’s influence in multilateral institutions? Focusing on China as an emerging power in the UN system, we find that China forms coalitions with other weaker states to control leadership personnel appointments. We couple UN voting affinity data with under-utilized nationality-leadership data of the UN’s six principal organs’ departments and agencies. States with higher UN General Assembly voting affinity with China in turn secure a greater increase in UN leadership positions. We then investigate the effect of these bureaucratic leadership positions for China’s influence, scoping analysis to discourse (i.e. aligning liberal diplomatic discourse with PRC discourse). Applying text analysis methods to 54 UN departments against PRC-produced documentation, we show that China-friendly leadership positively correlates with the frequency of PRC-specific terms and PRC-reinterpreted words in its reports. Our findings illustrate that China wields influence in the UN system, i.e. the worldview of the international bureaucrats converges with their perceived principal, China. Our project advances research largely focused on United States and its allies’ influence in the multilateral system, and speaks to a limited literature on emerging power’s attempts to influence multilateral institutions.

Job competition in civil service public exams and sick leave behaviour

AbstractIn several countries, a traditional public exam system is the way to secure a job in the civil service. In this setting, candidates have to take and pass exams that involve studying large quantities of material, and this takes up a large amount of time. Candidates who are working while preparing for public exams may find it difficult to find time for both tasks. Thus, they might experience increased stress/anxiety related to the high stakes nature of the civil service recruitment process. In this paper, we investigate the impact of new openings for civil service positions on sickness absences. Using a unique administrative data set on the universe of sickness absences and civil service positions offered in Spain from 2009 to 2015, we find a significant increase in health‐related absences several months before the exam date. In particular, this effect is stronger for individuals working in the educational sector as well as for calls offering a large number of positions. An important element is that our results are mostly driven by stress‐related absences. To corroborate the health‐related origins of our results, we use data on visits to general practitioners and specialists and show a significant deterioration in the health of public‐sector workers. Our results are important from a policy perspective as they highlight the existence of important negative consequences of the civil service recruitment process that have been previously overlooked.

Personnel power shift? Unpacking China's attempts to enter theUNcivil service

AbstractThe People's Republic of China views dispatching Chinese talent to international organisations as a key global governance contribution and a means to shape these institutions from within. International posts are competitive to secure, requiring China's concerted effort to place candidates for entry‐level professional staff positions. However, less is known about how China is preparing to compete for these international civil service positions. This article examines United Nations (UN) staffing data, as well as Chinese‐language academic, policy and media reports to address this research gap and thereby understand better how China is attempting to facilitate an increase in its staffing levels within UN entities. We find China's efforts emphasise preparation of ‘patriots’ who can bring ‘Chinese wisdom’ into the UN, but that efforts to increase staff numbers are still in development. We also note that deploying patriots in the UN civil service is potentially to the detriment of securing posts: patriotism may not translate into bureaucratic skill or expertise and also attracts the attention of other states willing to counter China's staffing efforts. It remains to be seen whether staffing power shifts will be successful and, if so, the extent to which increased representation will benefit China's interests.

An investigation to identify the factors that cause failure in English essay, precis, and composition papers in CSS exams

<p>The research study aims to examine why candidates in Pakistan failed the English Essay, Precis, and Composition sections of the Central Superior Services (CSS) tests. Those candidates chosen for various civil service positions take the prestigious and difficult CSS exam. The study aims to discover candidates’ difficulties in these particular CSS exam sections and investigate methods for enhancing their English language ability. A mixed-methods strategy is used in the research process to collect both quantitative and qualitative data. Participants in the CSS exam who once took the English Essay, Precis, and Composition papers and got fail in it received a survey form to respond according to their experience. Other than this, we also conducted semi-structured interviews with CSS test winners currently working as officials, such as Deputy Commissioners, Assistant Commissioners, Assistant Superintendents of Police, and Deputy Superintendents of Police. Insights into the causes of failure and the experiences of successful candidates are sought after from both data sources. The research findings highlighted several key factors contributing to failure in English Essays, Precis, and Composition papers. These factors include lack of comprehension and understanding, grammatical errors, inadequate organization, poor handwriting, insufficient practice, lack of originality, difficulty in adapting to essay prompts and precis passages, poor organization, failure to understand and address the purpose, insufficient development of ideas, failure to reach the required word count, grammatical mistakes, neglecting proofreading and revision, poor writing expression, and weak induction and conclusion in essays, tough paper pattern old formatted curriculum. Participants reported struggling to express their ideas coherently, having limited language skills, facing challenges in managing time effectively, lacking proper precis structure understanding, inadequate expertise in the subject, lack of training and resources, lack of analytical and critical thinking abilities, inadequate exam preparation, time management issues, poor grammar abilities, exam phobia, and limited vocabulary as potential factors contributing to failure.</p>

Examining the formation of legal guarantees for equal acces to civil service: historical origins and modern application

The aim of the work is to demonstrate the historical progression of access to civil service across different historical epochs – Ancient World, Middle Ages, New Era, and Modern Times. The developmental phases of equal access to civil service mirror the primary trends in shaping the relationship between individuals and the state. The article demonstrates the peculiarities of legal guarantees, which are closely intertwined with the complex global political, economic, social, and cultural transformations of humanity, giving scholars the space to go far beyond modern history. Employing a theoretical research model focused on a human-centered perspective, it scrutinizes the essence of legal assurances. The historical method is employed to comprehend the retrospective formation and progression of the civil service. Additionally, the axiological method forms the basis for considering equal access to the civil service as a value category.
 Results of the research highlight that the legal guarantees of the right to equal access to the civil service have evolved over time, dating back to the Ancient World. This evolution is attributed to the formation of the civil service institution. The legal guarantees for equal access to the civil service are not only recognized at the national level but are also enshrined in international legal standards aimed at protecting human and civil rights. The study acknowledges that restrictions on the right to equal access during periods of special legal regimes can limit citizens’ political opportunities for contributing to good governance. Author concluded that from the time of the Ancient World to the present, as a product of the evolutionary formation of the civil service institution, legal guarantees of the right to equal access to the civil service have been formed, including legality and fairness of selection procedures, equality, and non-discrimination of applicants for civil service positions, requirements for professionalism and competence, remuneration, etc.

РАЗВИТИЕ ГРАЖДАНСКОЙ СЛУЖБЫ РОССИЙСКОЙ ФЕДЕРАЦИИ: ЭКСПЕРТНЫЕ ИДЕИ И ПРАВОВЫЕ РЕАЛИИ

The purpose of the article is to summarize the positions of modern domestic scientists on key problems in the development of the civil service, to assess how these problems have been solved in recent years at the regulatory level, and to develop recommendations for further directions of development. An institutional approach, methods of bibliometric analysis of scientific publications and subject-thematic classification by key (thesaurus) words were used. The method of comparative legal analysis was used to assess the degree of fulfillment of the tasks set in the “Main Directions for the Development of the State Civil Service of the Russian Federation” and plans for their implementation in 2016–2018 and 2019–2021. Some proposals for the development of the civil service institution of the Russian Federation are formulated using methods of legal modeling and thought experiments. Some proposals are developed related, in particular, to highlighting the status of an official as a qualifying feature when adjusting the legislation on the civil service, as well as to extending the status of public officials to all types of public sector organizations. The potential of digital transformation is proposed to be used to fix the connection between the volume and quality of implementation of government functions (powers), on the one hand, and the number of civil service positions and budgetary expenditures for their financing, on the other.

The Review of Affirmative Action for the Inclusive Civil Service of Nepal

This article examines the executing effects of affirmative action for the inclusive civil service of Nepal. Affirmative action is part of a broader social inclusion agenda introduced after the Comprehensive Peace Agreement (CPA) signed in 2006. The reservation system as a tool of affirmative action has been performing its role, which has been adopted since 2007, after the second amendment of the Civil Service Act, 1993. This article employed the descriptive research design based on the systematic review of secondary data for the analysis. In a nation like Nepal, it can be challenging to implement affirmative action successfully since it includes challenging redistributive behaviors and welfare societal norms as well as centuries-old discrimination that is reinforcing every day. The construction of target groups in affirmative action based on social categories as indicators of discrimination leads to debate regarding its good intentions. Two unintended implications arise from this: firstly, affirmative action can foster inter-group differences and polarization between targeted and non-targeted groups, potentially fueling discrimination and resentment. Secondly, there is a risk of overlooking inequalities within social groups, as observed in Nepal's civil service positions, where reserved spots may be filled by relatively well-off families, neglecting economically disadvantaged individuals. These unintended consequences highlight the complexity of affirmative action and emphasize the need for careful consideration and evaluation to address potential drawbacks and ensure fairness and inclusivity.

Нові підходи до оплати праці державних службовців в Україні

Нові підходи до оплати праці державних службовців в Україні

Research on the Phenomenon of "Internalization of Public Examination" among University Students in the Post Epidemic Era and Its Impact on Economic and Social Development

In 2020, the COVID-19 epidemic was brought under control to a certain extent, but the employment of college students in the post epidemic era is facing a completely new situation and challenges. China's "civil service fever" continues to heat up, due to excessive competition brought about by the examination of the public service "involution" problem on the personal development of college students and the sustainable development of the job market has had many impacts. This paper discusses the causes of the phenomenon of "civil service fever" in China, analyzes its impact on economic and social development, and puts forward relevant suggestions from the government, enterprises, universities and other perspectives. The study finds that the causes of the "internalization of the public examination" are concentrated in three aspects: the deterioration of the employment environment in the post-epidemic era, the special characteristics of civil service positions and family education, while the "internalization of the public examination" has both the positive effect of being able to improve the overall quality of the public service, and the negative effect of inhibiting the innovative ability of talents. The findings of this study are useful in promoting a stable supply in the labor market and stimulating economic and social vitality.

Public service in wartime

The article is devoted to the organization of activities of public authorities under martial law. The normative legal acts adopted during the war regarding the peculiarities of the organization of labor relations of public servants and the activities of military administrations and their officials have been analyzed. The simplified procedure for admission to the civil service and the flexibility of the legislation in terms of civil service are highlighted. The opinion of scientists regarding the possibility of forming a personnel reserve and the formation of appropriate professional specialized lists of potential candidates for filling positions in the civil service was analyzed, taking into account the professional training of the specialist, his practical experience in the past, as well as the immediate place of work. Reservations were expressed regarding simplified conditions for appointment to civil service positions, which in a certain way violated the basic principles of civil service, namely stability, and professionalism. At the same time, the urgency of restoring the personnel reserve of the civil service was emphasized.The special administrative and legal status of regional military administrations is characterized, because, in addition to the specifics of formation and termination of activity, they are endowed with additional powers to introduce and ensure the implementation of measures of the legal regime and receive double subordination depending on the powers they exercise.It has been found that local self-government bodies (village, settlement, city council; its executive bodies and chairman) will continue to exercise the powers assigned to them by the Law of Ukraine «On Local Self-Government in Ukraine». There are no restrictions on such powers upon the introduction of martial law. Power decisions at the local level remain with local self government bodies, except for those where the military administrations of settlements are conducted.

The revolving door of former civil servants and firm value: A comprehensive approach

The revolving door of former civil servants and firm value: A comprehensive approach

Peculiarities of the legal mechanism of transfers of civil servants

It is proved that the optimization of the work of civil servants very often involves the movement of personnel and labour mobility. Such optimization is conditioned by the fact that the public service must be efficient, and therefore labour mobility and personnel mobility are important on this path to form the personnel of a state body that can solve complex management tasks. The procedure of transfer of civil servants is almost the most common format of labour mobility. The procedure for transferring civil servants causes a lot of practical difficulties, and therefore both theoreticians and practitioners are trying to develop the best proposals for improving the legal regulation of this procedure.
 It was established that according to the current legislation on civil service, the transfer of employees is possible on the following grounds: 1) in the case of appointment to a civil service position of a person who will be directly subordinated to a close person or to whom close persons will be directly subordinated; in case of reorganization (merger, merger, division, transformation) or liquidation of a state body; 3) during the transfer or delegation of powers and functions from a state body to a local self-government body.
 The author proved that the transfer of a civil servant is a change in the place of work and/or work function, which consists of: a) changing the work function to a lower or equivalent position (at the same time, the salary is paid in the amount corresponding to the position to which the transferred employee), as well as in the case of transfer or delegation of powers and functions from a state body to a local self-government body; b) change of place of work – the same state body where the employee works or another state body, including in another area (in another settlement). The transfer of a civil servant is always carried out with the consent of the civil servant and without holding a competition.
 The transfer of a civil servant may take place (1) to another equivalent or lower vacant position (2) in the same state body, or to another state body, including in another locality (in another settlement), (3) by decision of the head of the civil service or the destination subject.

MECHANISMS FOR STAFFING THE POSITIONS OF THE STATE CIVIL SERVICE

The article aims to analyze the mechanisms and procedures for recruiting personnel to the positions of the state civil service. The article analyzes the methods of training and selection of personnel for the job groups of the state civil service. According to it, two different procedures for entering the state civil service are distinguished. According to the first regulation, the procedure for the appointment and dismissal of state civil servants belonging to a political group is determined by separate laws and decisions of the President of the Republic of Uzbekistan. According to the second regulation, a competition is held for the state civil service positions related to management and specialist groups. In turn, an internal competition is held for the positions of the state civil service related to management groups, and an external competition is held for the positions of the state civil service related to specialist groups. The article analyzes the procedures of the elections and statistical data of the elections held in 2020-2022. The author researched the National Personnel Reserve system for the formation of managerial personnel. Effective mechanisms of effective use of the National Personnel Reserve have been put forward. Based on the research, a number of suggestions and recommendations have been put forward regarding the improvement of the state civil service staffing system.

Grounds for the of an individual service relationship

The legislator established certain features of the emergence of state-service legal relations. For the emergence of these relations, both the act of appointment to the position and the service contract are important. The article deals with the problems associated with the emergence of an individual state-service legal relationship between the state (state body) as an employer and a citizen or civil servant (employed) in the Russian Federation. A distinctive and main feature of the emergence of public-service legal relations between the employer and the citizen (state civil servant) is that the conclusion of a service contract is carried out with a person already appointed to the appropriate position of the civil service on the basis of the issuance of the relevant act of the representative of the employer. At the same time, there is no clear idea of how the parties to a service contract should act when concluding it if there is no agreement in principle between them on a number of conditions, given that the civil servant has already been appointed by the employer to the appropriate civil service position and has begun to perform his direct duties. The authors draw attention to the unsuccessful definition of a service contract in Part 1 of Article 23 of the Federal Law of July 27, 2004 no. 79-FZ “On the State Civil Service of the Russian Federation”, since the representative of the employer cannot be an “employer”, and therefore, cannot be an independent subject of a service legal relationship. The representative of the employer, only implements the functions of the employer, signs a service contract on his behalf. The problems associated with the emergence of a public-service legal relationship and the conclusion of a service contract, to date, remain largely unexplored.

Factors affecting savings behavior with Nong Khai Public Health Savings Cooperative Limited in Nong Khai and Bueng Kan Province, Thailand

The purpose of this research is to examine the elements that influence savings behavior at Nong Khai Public Health Savings Cooperative Limited in Nong Khai and Bueng Kan Province, Thailand. The sample group was 400 people. Use questionnaires as a tool to collect data. Descriptive statistics were used to describe general information, and inferential statistics through the ordered logit model were used to study the variables influencing savings behavior. The study found that most of the subjects were female, aged between 41 and 60. Most are married and have a bachelor's degree. Their income ranged from less than 15,001 to 20,000 baht per month. with the number of household members approximately 3–4 people (the majority), and finally, the most civil service positions. It was also found that the variables that are statistically significant (P<0.10) are age (Age), education (Education), income (Income), number of household members (Member), factors affecting saving behavior on the saving characteristics (Factors1), factors affecting saving behavior on income for saving (Factors2), factors affecting saving behavior on security (Factors5), and factors affecting saving behavior on returns (Factors6), which are variables that also give rise to the importance of saving behavior.

Approaches to analyzing the career potential of an individual in the sphere of the state tax service of Ukraine

The article scientifically substantiates the system of S. Grof's condensed experience in the context of explaining the essence of constructive, neutral or destructive career potential of a person in the field of the State Tax Service of Ukraine. Attention focused on the importance of considering these indicators when evaluating candidates for civil service vacancies in the State Tax Service of Ukraine.
 The author supports S. Grof's scientific thesis that in complex cooperation with the environment of a condensed experience system selectively affect a person's perception of himself and the world, as well as his feelings, ability to form ideas, and even many somatic processes.
 It is argued that personality, as a system of motivational relations, is largely formed by the reactions of society to the behavior of a given individual. The level of emergence in a social system is not constant value and depends both on the tightness of relations between elements and on the character of these connections (solidarity, confrontation). The predominance of confrontation in the system leads to the formation of negative emergence, which is characterized by the absence of synergism and even the effect of additivity. For social systems, positive emergence (or a high level of emergence) is achieved when the following criteria are satisfied: the existence of unified goals of the subjects, unified values, norms and rules of behavior, and collective action.
 We see the perspective of research in the development of a system for evaluating the career potential of public servants, including candidates for civil service positions.

REKONSTRUKSI MANAJEMEN TALENTA ASN MENGGUNAKAN PENDEKATAN SOFT SYSTEM METHODOLOGY

The West Java Provincial Government has implemented talent management in their civil service management system, but still lack with the difficulty of finding suitable employees to be placed in top level manager. This study aims to reconstruct the management of the succession planning for senior civil service positions in the provincial government of West Java for the implementation of better talent management. The soft system methodology-based action research approach is used to find out the reality of the real problems in the management of succession planning for their senior civil service positions. Using SSM Based AR, the authors provide solutions in terms of a conceptual model framework for improving the civil service talent management in the West Java Provincial Government by defining and constructing Systematic Succession and Planning Management.

Models of civil servants’ digital competence: approaches to formation and evaluation

The purpose of the study is to analyze the Russian practice of assessing the digital competence of civil servants and substantiate proposals for improving approaches to assessing and developing the competencies under study. The article presents an analysis of the existing requirements for the competence of Russian civil servants, officially fixed and the compliance of such requirements with the current and promising areas of activity of state bodies and the development of modern society in the context of digital transformation. The authors studied approaches to the formation and application of civil servants’ digital competence models, including on the basis of the job regulations content analysis. In the course of the study, the authors conclude that there is sufficient uniformity of approaches in the executive authorities regarding the content of qualification requirements, which is predetermined by the implementation of the methodological tools of the Ministry of Labor and Social Protection of the Russian Federation. But professional knowledge and skills in the field of information and communication technologies, in fact, duplicate the basic qualification requirements and do not reflect the use of information and communication technologies specifics in various industries and the differentiation of employees’ functionality depending on categories and groups of positions. The authors substantiate proposals regarding the formation of a model of digital competence, namely, the need to take into account the division of requirements into basic and professional ones, the reflection of differentiation into categories and groups of civil service positions.

"DAVLAT FUQAROLIK XIZMATCHILARINI ATTESTATSIYADAN О‘TKAZISHNING TASHKILIY-HUQUQIY MASALALARI"

"The article analyzes the attestation process, which is one of the methods for evaluating civil servants. Also, based on the analysis of scientific views, the features of the attestation process of civil servants are highlighted and their differences from the attestation process of employees working in the private sector are presented. The author defines the concept of “attestation of a civil servant”. In addition, the goals and objectives, stages, and documents formalized in the attestation process, the circle of persons who do not pass the attestation of civil servants are mentioned. The implementation of the effective activities of the civil service cannot be imagined without qualified, responsible, modern-minded, enterprising personnel. In turn, the accumulation of such personnel and the productive use of their potential require specific mechanisms and legal foundations. The correct organization of the attestation process in the civil service is the basis for the continuous implementation of activities by qualified specialists of this service. The author argues that the mechanism for attestation of civil servants is not regulated, due to the fact that the country has no law regulating the civil service, the circle of civil servants has not been defined, there is no classifier and the list of civil service positions has not been published. "