Service Law Research Articles

Legal provision of information security process of provision electronic administrative services

The statistic analyzes the provisions of the normative legal acts, as well as depicts the official system of looking at the information security process of providing information services. It is necessary to establish the need for additional development and to formulate one step before the information security is secured, as a complex straightforward It also analyzes the genesis of scientific glances at the information security mechanism of providing administrative services. Doslіdzheno day because of the safety and information security of the process of providing administrative services in the minds of a fraudulent conflict. At the current level of Ukraine, the administrative reform in the sphere of electronic regulation and the provision of administrative services to switch to the electronic format has been successfully implemented. According to the Law of Administrative Services in electronic form, one can expect from one state web portal of electronic services, including through the integrated information systems and state bodies of the self-government. The presence of a potently functional electronic control is a high indicator of the power of a state before the state's informational support and is the main instrument of the stabilization of the system of providing administrative services. Having learned about the reports of the Organizational Organizations of the United Nations "E-Government Survey 2020", [4] in the rating of the countries, as a high level of development of electronic regulation, our state took the 69th month of 2018, showing the positive for 13 positions. The specifics of the given polling in the sub-powers of the Chotiri group: from low, middle, high and even higher levels of development of electronic regulation. Ukraine has become one of the powers that may be in a high level of development of electronic regulation. The author comes before the weekend, but there are three important straightforward information security services provided to the community in electronic form. The use of a secure information environment means the transition to general methodological approaches to information security in the field of information systems

Judicial assistant: current state of legal regulation and review of court practice

Patronage service(executive support service)is a type of service and employment relations that arise, change and terminate to ensure effective, proper and quality performance of their duties by officials who are legally entitled to have a patronage servant. The term “patronage” comes from “patronatus” in Latin- the state or rights of the patron. In the national legislation, the patronage service is a quite new category and was first introduced in 1993 with the adoption of the Law on Civil Service, and therefore has no old traditions. The change in the status of the patronage service in Ukraine indirectly indicates its formation. There is no single approach to the principles of patronage service in foreign countries, for example, in Italy and Germany patronage service does not stand out as a separate concept, but such kind relationships are included in the public service, while in Australia, Britain, Georgia, Canada, Lithuania and Poland patronage service conceptually stands out as a category of public service with a number of special rules. The establishment of a patronage service in Ukraine was an objective necessity and today it operates in the system of legislative, executive and judicial branches. The labor functions of patronage service employees are directly correlated with the labor functions of public law official to whom they are assigned (subordinated). The patronage service includes advisers, assistants, commissioners, press-secretaries of the President of Ukraine, employees of the secretariats of the Chairman, First Deputy Chairman and Deputy Chairman of the Verkhovna Rada of Ukraine, employees of patronage services of the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, advising assistants of People's Deputies of Ukraine, judicial assistants and scientific advisers to judges of the Constitutional Court of Ukraine, judicial assistants, advisers to the Chairman of the Supreme Court and chairmen of cassation courts, as well as positions of patronage servants in other state bodies. At the same time as for judiciary, part 4 of Article 92 of the Civil Service Law (2015) states that the specifics of patronage service in courts, bodies and institutions of the judicial system are determined by the legislation on the judiciary and the status of judges. Judicial assistants are an integral part of the judiciary. Despite their legal status, whether civil or patronage servants, the lion's share of work is performed by judicial assistants. It can be concluded, directly or indirectly, that effective work of a court or a judge is not possible without the effective work of judicial assistants (judges' offices) and this interdependency is obvious. It should also be noted that a significant number of assistants later become judges, or if we take a look at the biographies of judges of all levels we can find out that many of them took their first steps in the legal profession as judicial assistants. This might lead to the conclusion that “judicial assistants environment” is a kind of a personnel reserve of the judiciary.

A Study on the Introduction of the Military Recruiting System - Based on the Reform Measures of Military Service Laws -

A Study on the Introduction of the Military Recruiting System - Based on the Reform Measures of Military Service Laws -

التوفيق بين واجبات الدول: مكافحة الإرهاب وحقوق الإنسان

Terrorism is the most harmful phenomenon at the present time through acts of violence resulting from it against lives, bodies, freedoms and property, which undermine or threaten international peace and security. States are obligated to fulfill their duty to maintain security and stability and protect the lives and property of their citizens. In order to fulfill their aforementioned duty, States should have the necessary powers to combat Terrorism, provided that this does not lead to a complete undermining of human rights. Rather, minimum levels must be ensured in a way that does not affect the aforementioned authorities, as these authorities are regulated by internal laws so that their actions are within the principle of legality. In Iraq, for example, there are Anti-Terrorism Law No. (13) ) Of 2005 and the amended Counter-Terrorism Service Law No. (31) of 2016 which were; however, not in the same format as the laws of other countries, especially with regard to the powers of the security services in monitoring the actions of suspects in terrorist acts and imposing restrictions on their movements as is in the laws of the United States, Britain, France and Germany. It is also worth noting that ensuring a fair trial is the most important guarantee for the protection of human rights while government agencies fulfill their duty to combat terrorism. The innocent must be protected and perpetrators of terrorist crimes must be prosecuted without prejudice to the defendant’s rights who should not be subjected to torture and not to delay his trial without unjustified delay stressing on the impartiality of the courts.

Distinction Between Public-service and Public-service Relations as Areas of Regulation of Service and Labour Law

The article analyses the issues of the allocation of various types of service relations in the context of regulation of their service and labor laws. The authors conclude that it is permissible to distinguish various types of service relations, including those related to public-service relations and those related to the service. In the future, this classification can become the basis for distinguishing between the areas of regulation of service and labor law, however, at present the current legislation does not allow this division to be carried out in this way.

Znaczenie aktu ślubowania w służbie cywilnej w kontekście nabycia praw i obowiązków przez urzędnika

Skargi indywidualne składane przez osoby pokrzywdzone naruszeniem praw człowieka w zakresie ograniczenia wolności wypowiedzi i wyrażania swoich opinii zajmują ważne miejsce w systemie orzeczniczym Europejskiego Trybunału Praw Człowieka. Przyjmując subsydiarny system ochrony wolności i praw jednostek w zakresie wolności wypowiedzi i wyrażania swoich poglądów, ETPC bada zarzuty stawiane państwu-stronie Europejskiej konwencji praw człowieka i wydaje orzeczenie z uwzględnieniem standardów wynikających z instrumentów odpowiedniej i skutecznej ochrony przez nadużyciami władz państw-stron konwencji. Rzeczpospolita przystąpiła do Europejskiej konwencji praw człowieka 26 listopada 1991 roku, ratyfikowała ją 29 stycznia 1993 roku, a następnie w drodze postanowień art. 9, 87 i 91 Konstytucji RP z 2 kwietnia 1997 roku ostatecznie ugruntowała jej miejsce w systemie powszechnie obowiązującego prawa. Konwencja stała się tym samym dokumentem zapewniającym skuteczną ochronę samodzielnego dochodzenia roszczeń przed sądami polskimi, a orzecznictwo ETPC w konkretnych sprawach znalazło odbicie nie tylko w orzeczeniach wydawanych przez sądy powszechne i administracyjne, lecz także przez Sąd Najwyższy i Trybunał Konstytucyjny.

Co-evolution of Diplomacy after the Corona Crisis: An Agenda for Practitioners

Summary The ‘corona crisis’ has transformed a generalized and long-standing concern for foreign service reform into an urgent necessity. The reform of the Mexican Foreign Service Law in 2018 offers a valuable example of a recent, comprehensive attempt to prepare a diplomatic apparatus for a context of accelerated change and uncertainty. The authors of this essay, who directly participated in this reform, explain how some of its main features provided them with useful tools to respond effectively to the COVID-19 pandemic from their new posting in Norway. After discussing the lessons from their experiences, they propose an agenda for discussion among practitioners and academics on subjects that must be addressed if diplomacy is to fulfil its urgent role in the construction of a new, post-pandemic world order.

Some Notes About the Protection of the Essential Public Services User

In the present study we dedicate ourselves to make an analysis of the Law of Essential Public Services, giving a special focus to the mechanisms of protection of the user of such services. If it is true that, on the one hand, it has not been doctrinally peaceful to qualify contracts for the provision of essential public services as public or private law agreements, on the other, and consequently, the question of where to bring legal action arising from disputes that oppose the provider and the user, therefore, we will try to answer that question. Having made a general analysis of the user protection mechanisms, we focus on issues related to the suspension of the service for non-payment, establishing a parallel between the regimes of the Essential Public Services Law and the Electronic Communications Law. Finally, we will address the issue of prescription and lapse periods related to the right to receive the price of the service provided. At this point we will try to give an adequate answer regarding which prescription period to resort whenever the service is provided by a local authority (8 years or 6 months).

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

The Law of the International Civil Service

The Law of the International Civil Service

When green is blue: Perspectives on inclusivity and recommendations towards reforming and demilitarizing law enforcement in US national parks

Author(s): Hicks, Akiebia S.; Mirza, Sanober; Rice, William L.; Richards, Jacob C.; Alarab, Mahmoud R. | Abstract: Park and protected area management has a rich history of discourse, in both scholarly and managerial realms, concerning the role and public perceptions of law enforcement. For as long as national parks have existed in the United States, they have been patrolled and protected by those in uniform. Although National Park Service law enforcement rangers primarily are concerned with protection of resources, their duties continue to evolve with changes in park use trends and societal and technological advances. This paper examines how the strong presence of law enforcement in national parks impacts the diverse visitor and provides recommendations for reform. Even while the National Park Service and its partners examine outreach initiatives to attract diverse visitors, law enforcement may serve as a constraint on doing so. As the world turns its attention to policing in the United States and recent uprisings in response to the George Floyd slaying, a rigid approach to national park law enforcement in the Hashtag Era will continue to serve as a hindrance to diversity in national parks⁠—unless considerable change is undertaken. [This is a paper from “Systemic Threats to Parks a Protected Areas,” the 2020 George Wright Society Student Summit.]

Trends and patterns of imports of legal and illegal live corals into the United States

Coral reefs are the fundamental building blocks of tropical marine ecosystems. They are also one of the most endangered ecosystems on the planet suffering from a large number of environmental, fishing, and trade threats. However, little research has been done to better understand the trends in illegal imports of live corals into the United States, especially as they relate to legal imports. This research examines the major patterns in the legal and illegal imports of live corals into the United States by analyzing the U.S. Fish and Wildlife Service Law Enforcement Management Information Systems database, along with the Convention on the International Trade in Endangered Species legal trade database, for the 2003–2012 period. The import patterns of illegally harvested live corals into the United States indicated that: (a) three genera (Euphyllia, Acropora, and Favites) accounted for 26% of all seizures; (b) imports from four countries accounted for slightly over 91% of all seizures; and (c) over 90% of the seizures occurred in five ports of entry. The import patterns of illegally harvested live corals closely mirror those of legal imports when genera and countries of export are examined. Additionally, 10 times more corals were seized in 2012 than in 2003, and legal imports doubled from 2003 to 2009, while both trends leveled in the later few years examined. The study findings suggest that interventions should focus on enhancing law enforcement efforts through capacity building and by establishing reliable channels of communication between the US and the core exporting countries. It is also recommended that US customs focus their inspection efforts on high-risk species, especially at ports that receive these imports from Indonesia, Tonga, Australia, and Fiji. Meanwhile, public education campaigns to raise awareness, as well as the development of regulated coral aquaculture, may lift the pressure and need for illegally harvesting corals from the wild.

Cryptocurrency as a Digital Representation of Value: The Singapore Experience

In 2019, in order to create attractive conditions for the development of the Fintech sector in Singapore, the Payment Services Law was adopted, which consolidated the definition of cryptocurrency (digital payment tokens) and the procedure for its circulation. In addition, this Law established the criteria for distinguishing payment tokens from other virtual objects — securities tokens, utility tokens, game currencies. In the paper, the authors analyze the concept of digital payment tokens as a digital representation of value, consider the rules for transactions with them. It is concluded that the use of this approach makes it possible to minimize difficulties in regulating the turnover of, for example, bitcoins. Based on the Singapore experience, recommendations for the modernization of domestic legislation are proposed. The main difficulty seems to be that the use of the digital value representation mode in relation to cryptocurrency is associated with the need to either establish an extraterritorial regime of regulation in relation to cryptocurrency exchanges, or adopt an international agreement in this area.

Up the Chain: Career Climate and Mentoring in the U.S. Army

For careers in public service, meritocracy is espoused and idealized with formal structures for advancement – civil service laws, the general schedule classification, and the senior executive service among others. However, career development is also relational. Mentoring, social networks, and role models also influence advancement. In this paper we examine how espoused career paths and the relational dimensions of career advancement interact to produce career climates in the public sector workforce. Using data from a mixed method study of the U.S. Army, including survey data from approximately 1,200 Army personnel and analysis of 27 focus groups with 198 participants, we find that mentoring quality matters for all employees, but it matters more for women in male-dominated professions. Our findings have implications for how scholars and practitioners discuss the role of mentoring in in public organizations, and specifically how mentoring shapes employees’ career advancement and ascension to leadership positions.

Log Truck Value Analysis from Increased Rail Usage

Over the past several decades, the transportation of raw materials (logs) has increasingly shifted from the railway to trucks. However, the long-term sustainability of this shift is being questioned due to the shortage of truck drivers, fluctuation of fuel prices, and changes in hours of service laws. The industry is interested in the possibility to shift more logs back to the railway but the impact of such a shift on truckers has not been investigated. This study attempted to quantify the impact of such a change on the operations of log truckers by calculating time efficiency (percentage of daily hours of service for revenue activities) and value efficiency (average loaded versus total ton-kilometers per day) between a truck only and multimodal (truck/rail) alternatives. We used actual data from the forest products industry companies and truck performance data from an earlier study to investigate the impact through case studies in four different locations of the upper Midwest, US. The results of our analysis revealed that in three out of our four case studies, re-routing log movements through rail yard/siding improved the time efficiency and value efficiency. Finally, our sensitivity analysis found that increases in average truck speed and maximum hours or service had higher impact on multimodal transportation than in truck-only system.

Gobiernos progresistas en América Latina: agendas políticas y de comunicación

El presente artículo tiene el objetivo de visibilizar un cambio de paradigma en el modo de construir la comunicación por parte de los denominados gobiernos progresistas de América Latina. Su irrupción en el escenario político a comienzos del siglo XXI marcó un período en el que la noción de «Estado comunicador» nació con la fuerza suficiente para poner en marcha una transición entre aquel Estado regido por agendas políticas de los medios privados hacia un tipo de Estado que planifica, construye y difunde su propia agenda. La premisa de estos gobiernos parte de considerar el rol activo del Estado en materia de comunicación, a la que entienden como un derecho y no como una mercancía. Este trabajo es un análisis documental y de casos, producto del resultado de un proyecto de investigación de mayor alcance. Se sintetizan aquí los resultados generales que surgieron del estudio de casos sobre distintas temáticas políticas de diferentes países de la región latinoamericana. A modo de conclusión, podemos afirmar que en el lustro 2010-2015 el Estado articuló políticas públicas en materia de comunicación tendientes a la construcción de agendas políticas propias capaces de entrar de lleno en las disputas del escenario político mediático.

Indigenous political participation in the deliberative systems: the long-term care service controversy in Taiwan

ABSTRACT Although research on the deliberative systems has been extensive, relatively little attention has been paid to indigenous deliberation. This article provides an analysis of how indigenous civic organizations use deliberative means to influence the policy decisions pertaining to indigenous lone-term care service and how indigenous deliberation and advocacy has helped in enhancing the deliberative capacity and forming the shared narratives of indigenous groups. Indigenous groups initiated the “grassroots civic forum”, promoted policy storylines, and invited various civic groups that provide multiple care services to share experiences. This enabled them to speak for the needs of indigenous elderly people, initiate dialogue with decision-makers and legislators, and connect with other organizations for advocating policy change. Deliberative forums and indigenous activism contribute to knowledge production and policy shift away from the cultural dominance and urban style of long-term care services towards cogovernance and coproduction of services. It also led to the amendment of the Indigenous Long-Term Care Service Law to better reflects indigenous difference. The continuous political involvement of indigenous organizations in the service policy and cogovernance of long-term care increases the opportunities of equal access to care service resources, which can be seen as the product of deliberation.

О проблеме ограничений и запретов на государственной службе: сравнительно-правовой анализ государственно-служебного законодательства

О проблеме ограничений и запретов на государственной службе: сравнительно-правовой анализ государственно-служебного законодательства

Analysis on construction services laws for civil engineering projects on building failures

Construction Services Laws are legislation used to govern all manners of construction services. This research was taken in Jakarta, Indonesia. Laws used in this research are Law Number 18 of 1999 about Construction Services and Law Number 2 of 2017 about Construction Services. With the shift of Construction Services Law, of course there are several differences, changes, revision, and inclusion and exclusion of past laws. This changes and differences were analysed to improve the current running Construction Services Law for the future. This research uses two methods, which are literature study and study using questionnaire through observations and interviews. Variables and questions for the questionnaire were formed from study of literature, past researches and Construction Services Laws discussed in this paper. Results from the questionnaire was analysed using a computer program, IBM SPSS Statistics 23. Using that program, the data from the results were tested for its validity and reliability. And it was analysed using correlation analysis and factor analysis. From the analysis it was concluded that there are two factors that needs to be improved, the two factors are: regulation about building failure is not explained well enough, and the lack of regulation about Expert Assessor. Through these results, the construction services law can be improved and prevent environmental health damage caused by building failure that was caused by problems in construction services. These environmental health damage caused by building failure have negative impact to environmental health and safety of the surrounding area, whether from emission or toxic pollutants.

Citizen Participation in Argentina’s State Media during Kirchnerism: An Approach to Decision Making and Planning Dynamics

This paper reconstructs the dynamics and conditions generated between 2003 and 2015 for the decision making and planning processes in Argentina’s national media. The research addresses a period divided by the enactment of the Audiovisual Communication Services Law. The approach from the citizen participation indicator focuses particularly on the levels related to decision making and planning processes. It uses a methodological model with specific criteria to recognize trends, contradictions, continuities, and changes based on qualitative information. The article concludes the dynamics reproduced for decision making and planning processes in the institutions offered a remarkable advance in their democratizing tendencies from the deliberation around the audiovisual law, and later with its institutionalization in the national state media. However, there were limitations in the regulation (in a first stage) and in the implementation of the law (in a second stage) that seriously conditioned the citizen participation indicator.