Service Legislation Research Articles

Acts of Entities Involved in Disciplinary Charges Against Civil Servants

This article presents a legal analysis of external methods for limiting discretion in the process of holding civil servants accountable for disciplinary violations. This article addresses the application of acts by various entities involved in disciplinary proceedings, such as prosecutor’s submissions, and decisions issued by control and accounting bodies, authorized officials, and other relevant authorities. The findings suggest that the scope of entities involved in disciplinary charges must be clearly defined under disciplinary service legislation. Additionally, the authority of these entities to issue and transmit acts mandating the consideration of disciplinary liability should be codified into sectoral laws.

Дисциплинарная ответственность за неурегулирование конфликта интересов при осуществлении государственных (муниципальных) закупок

Prevention and suppression of “rent-seeking” behaviour of civil servant of a public authority of a constituent entity of the Russian Federation in the performance of his official duties, in particular, related to the implementation of public procurement activities, depends largely on the inevitability of proportionate disciplinary punishment for failure to resolve a conflict of interest. The article focuses on the uncertainty of the grounds for disciplinary liability for corruption offences, the lack of criteria of low significance in the service legislation, which negatively affects the uniformity of law enforcement practice.

О некоторых вопросах правового статуса научных работников в Российской Федерации: сквозь призму учений профессора В.М. Манохина

Тhe study of the works of Professor Vasily Mikhailovich Manokhin made it possible to identify a number of theses that are still relevant today in the issue of regulating the legal status of scientists in the Russian Federation. Considering this category of persons through the prism of civil service legislation, current problems are identified and an author’s solution is proposed.

Management and Legislation of Reproductive Health Services in Georgia

Management and Legislation of Reproductive Health Services in Georgia

Peculiarities of cryptocurrency regulation in the European Union

The definition of the concept of cryptocurrency (bitcoin) is revealed, which is based on cryptographic methods, and as a rule, its accounting is decentralized. The general state of the crypto market in modern conditions is investigated. The price determinants are substantiated and grouped, in particular: market forces, i.e., supply and demand factors; macro-financial factors; public and investor interest; and news coverage (popularization). The author analyzes the main factors that directly affect the price of cryptocurrencies are attractive to investors and determine public interest in the media. The dynamics of prices for the three most popular cryptocurrencies over the past few years are analyzed. It proves that the price of bitcoin can be influenced by the macroeconomic index and the asset price index. The main reasons for the fall of cryptocurrencies in early 2022 are identified. The market capitalization for 2019–2022 is analyzed. Based on a study of the general situation in the cryptocurrency market, the author reveals significant price volatility due to the general global situation and crisis phenomena that have a negative impact on this market. It is noted that today the legalization of cryptocurrency is one of the most important breakthroughs not only in the global economy but also in Ukraine. A comparative analysis of the capitalization of cryptocurrencies and cryptocurrencies of 2019–2022 is made. The regulation of the cryptocurrency market in the example of the EU is analyzed. The author analyzes the «big breakthrough» in the field of digital governance – the draft law «On Electronic Assets»and defines its purpose. It is substantiated that the draft Regulation is the result of the active spread of cryptocurrencies, which began in 2017 and caused a surge in public and political interest and additional investment in cryptocurrencies. The purpose and main significance of the draft EU Regulation are determined. The categories of crypto assets are defined. It is substantiated that, according to the researchers, the draft EU Regulation is aimed «at ensuring certainty in terms of legal regulation of cryptoassets which are not covered by current EU financial services legislation and at establishing common rules for service providers and issuers at the EU level». It is noted that the draft EU Regulation is intended to address the issues of legal regulation in the field of stablecoin circulation, as well as the activities of Crypto Asset Services Providers (CASPs). The main objectives of the EU Regulation in the field of cryptocurrency regulation are revealed. The author identifies three categories of crypto assets based on the draft Regulation, in particular: asset-related tokens; electronic money tokens; other crypto assets. Conclusions on the peculiarities of cryptocurrency regulation in the EU are provided.

Digital Nomads: Global Tourists or New Workers for Post-War Economic Recovery of Ukraine?

The paper offers the authors’ perspective on the new global problem of digital nomads as a potential resource and as a socio-economic problem of post-war Ukraine. The purpose of the article is to determine the contours of the future state migration and internal economic policy of post-war Ukraine for the culturally and politically successful attraction of digital nomads to Ukraine. The first half of the article offers a comprehensive theoretical overview of the essence and structural morphology and models of the modern concept of “digital nomad”, referring to authoritative Western literature. The second half of the article offers its own synthesis and induction of the conditions, factors and consequences of the involvement of digital nomads in post-war Ukraine, abstracting from other factors that will be the trigger and macro signal for digital migration to Ukraine. The pper concludes that, taking into account the high level of competition for talented digital nomads, the state policy of Ukraine should emphasize unique advantages - high qualification of IT specialists, a favorable tax regime, permission for settlements secured by tokenized assets, conditions for easy realization of investment opportunities in post-war economy, which will 100% need creative solutions and startups. The basis for the successful involvement of digital nomads should be the coordinated work of various branches of government: from changes in legislation and digitalization of public services to effective international marketing of new conditions and opportunities, as well as ensuring the appropriate level of security and basic household amenities in selected hubs

Job Rotation of Workers in Light of an Interactive Relationship Between Civil Service Legislation and Human Resources Management Strategies: An Exploratory Study of Opinions of a Sample for Leaders of the Ministry of Construction, Housing and Public Municipalities, Iraq

Job Rotation of Workers in Light of an Interactive Relationship Between Civil Service Legislation and Human Resources Management Strategies: An Exploratory Study of Opinions of a Sample for Leaders of the Ministry of Construction, Housing and Public Municipalities, Iraq

Roles of public service and private stakeholders in the 2017-2018 listeriosis epidemic in South Africa: An ethical conjecture.

The aim of this article is to carry a bioethical and a limited policy analysis on the progression and aftermath of the 2017-2018 listeriosis epidemic or disaster in South Africa. This links the context of the listeriosis epidemic/disaster to the overall public health systems, disaster medicine, and ethics in South Africa, with specific focus on standards of public service and private stakeholder conduct in the country. The public service angle is unpacked in terms the policy framework relevant to ethics and public health/disaster management. In addition, the process and ethical implications of the management, as well as the role of the various stakeholders, in the 2017-2018 listeriosis epidemic/disaster in South Africa are analyzed and reflected upon. Results of the current study indicate that actions of the public health officials and biomedical scientists, who investigated the listeriosis epidemic/disaster as public servants, were executed in line with the code of conduct of the public service in South Africa. The relevant public service legislation and ethical norms of the public service in South Africa were also adhered to. A slightly different approach was discovered in the conduct of the ready-to-eat (RTE) meat producer that had owned the factory, which was identified as the source of the listeriosis epidemic/disaster. The narrative of online resources indicates that there were many negative outcomes of the 2017-2018 listeriosis epidemic/-disaster in South Africa. Those were stories about negative outcomes of the epidemic that impacted individuals, who were listeriosis sufferers. Their voices and their stories' representation provide an important resource of data on the impacts on the complex disasters on the South African population. Novel approaches are proposed to address the challenges identified along the public-private goods continuum and approaches to food production and access to sources of dietary protein in South Africa.

UK/EU regulatory developments in payments, crypto-assets and buy-now-pay-later agreements

This article examines key recent developments in payment services regulation in the UK and EU. In addition to proposals to reform traditional payment services legislation, it also considers proposals to regulate crypto-assets when used as a means of payment and proposals to regulate buy-now-paylater agreements, as these are increasingly offered by merchants as a means of payment. Both the UK and EU have proposed broader regulation of crypto-assets, but this article considers only those aspects of the proposals with the greatest relevance to payment services.

Problematising ‘Fused Principles’ in Discourses of Preventative Social Care: Interpreting the Implementation of National Social Services Legislation in Wales, UK

Abstract Prevention is a core principle in social care legislation across the UK. However, history shows great variability in how a preventative social care agenda is conceptualised and implemented. We report findings from an independent evaluation of the implementation of the ‘2014 Social Services and Well-being (Wales) Act’ incorporating a document analysis of reports and plans from Wales’ twenty-two local authorities (LAs) and eighty-eight qualitative interviews from social services strategic leaders and operational managers within four Welsh LAs. Analysis highlighted multiple interpretations of national policy, with notable overlapping agendas. In Gramscian terms, there is a constant process of negotiating prevention values and agendas, with consequences for whose interests are served. This was apparent through drives towards cost-saving, financial sustainability and reduced service demand operating alongside values-based principles rooted in well-being and mutualism. Following Kenny’s work in community development, we argue a ‘fusing’ of principles whilst espousing benefits for service users, potentially blurs the aims of the legislation, with implications for practice.

Trends in the optimization of the right to work by civil servants in the conditions of the European integration of Ukraine

The article analyzes promising directions for optimizing the right to work for civil servants in the context of the European integration of Ukraine. It is noted that the scientists researched mainly tangential issues to the trends and directions of optimization of the right to work by state services in the conditions of the European integration of Ukraine; available in the legal doctrine of our country, studies of trends and directions of optimization of this right are not comprehensive in nature; in various periods after 1991, the Laws of Ukraine "On Civil Service" dated 16.12.1993 No. 3723-XII, dated 17.11.2011 No. 4050-VI and dated 10.12.2015 No. 889-VIII were in force in our country (which, in its own right, is in force ). for today), and that is why it is important to conduct an appropriate study based on the current state of civil service legislation. The current state of legislation in this area is characterized. A list of trends in the optimization of the right to work by civil servants is highlighted in this regard, namely: 1) the trend of introducing different approaches to the regulation of civil service; 2) the trend of legislative definition of key civil servants for the realization of the right to work; 3) the tendency of sounding the list of special social guarantees, which are allocated only to civil servants; 4) the tendency to extend to civil servants the labor guarantees that all workers in our country are divided into. The essence of the meaning and each of the trends of optimization of the right to work by state services in the conditions of the European integration of Ukraine is clarified. The article states that each of the analyzed trends in the optimization of the right to work in public services in the context of the European integration of Ukraine is relevant today and in the future can and should be reflected in changes to the current legislation that regulates the implementation of the right to work in public services.
 A comparative legal analysis of the Laws "On Civil Service" dated 16.12.1993 No. 3723-XII, dated 17.11.2011 No. 4050-VI and dated 10.12.2015 No. 889-VIII was carried out.

THE RIGHT TO STATE SERVICE IN THE MODERN MEASURE

The article is dedicated to the accomplishment of a great number of meals, which stand for the defense of the right to state service for the protection of digitalization processes, as if the state service and the normatively established methods for the defense of the right to state service have been impeded. The purpose of the study is to form a comprehensive approach to the determination of the protection of the right to state service and the features of its protection caused by the use of information and telecommunication technologies. The subject of the study is the vector and priority of service legislation, which is in the middle of practical alternatives to information technologies. Methodology: in the course of the study of victorious research and special methods of scientific knowledge, including those that are victorious every hour, the analysis of statistical zvіtnostі in the sphere of state service. Result: it has been established that the right to defend the right to state service is the legislature of the possibility of a citizen of Ukraine and a state service (in a broad sense) and a state service (in a narrow sense) to defend one's competences in state service. Emphasis is placed on respect for the rights of state servicemen to promote the level of digital competencies as a warehouse right to state service. It was requested: a) to introduce amendments to the Law of Ukraine “On State Service”; b) creation on the basis of the knowledge management web portal in the field of professional training "Knowledge Management Portal" of an information system of automated information collection, which will allow in real time to receive relevant information about the organization of professional training of civil servants in the civil service system and in the aspect of individual state bodies.

Disqualification or Other Administrative Penalty as a Basis for Termination of an Employment Contract

In the practice of labor relations, it is difficult to terminate the employment contract due to the application of administrative punishment to the employee, which excludes the possibility of fulfilling his duties under the employment contract. In the Labor Code of the Russian Federation, the types of such administrative punishments are not clearly defined. Only disqualification is directly named, and for other types, the criterion for their attribution to the grounds for termination of the employment contract is the legal consequence expressed in the absence of the possibility of the employee continuing the work provided for by the employment contract. At the same time, in practice, problems arise due to the fact that the application of administrative punishment is imposed automatically and does not terminate labor relations. The author considers disqualification, notes the peculiarities of the subjects to whom this administrative punishment can be applied, as well as exclusively the judicial procedure for its application. Certain discrepancies in the regulation of disqualification as the basis for the termination of contractual relations in labor and service legislation are highlighted. At the same time, the presumption of voluntary execution of disqualification, laid down in the legislation on administrative offenses, conflicts with the provisions on recognizing disqualification as a fact that does not depend on the will of the parties, in labor legislation and legislation on the state civil service, as well as the basis for terminating the employment contract at the behest of the employer’s representative in the legislation on municipal service. The mechanism ensuring the execution of the disqualification is administrative responsibility for the disqualified person’s activities to manage a legal entity. However, the Labor Code of the Russian Federation does not classify the disqualified as persons with whom an employment contract cannot be concluded. The author refers to other types of administrative penalties, the application of which may be the basis for terminating the employment contract, administrative expulsion from the Russian Federation and administrative arrest. It is concluded that it is advisable to specify in labor legislation all types of administrative punishments that exclude the possibility of continuing labor relations.

공공서비스와 행정법

The notion of “french public service”(le service public in french) is essential in order to explain the french public law. The concept of public service, known as “Kong-yuk-mu” in korea, has been justified by french administrative jurisprudence and doctrines to prove the existence of administrative law. But the formation of the EU, the modernization of public policy have influenced the french public service doctrine since late 1990’s. On this study, we reviewed the conceptual consideration of “Public service” and the recent discussion of the role and mission of the State in public service legislation. The French law and system understood the public service as a content of the mission for administration, as a function and role that is the premise of the civil service system represented by Léon Duigit in the early and mid 20th century. Now, we are foreseeing a great change in the establishment of relationships between social community and public services for administrative duties to the State because of COVID-19. With the attitude of “On-go-ji-sin”(New knowledge by reviewing), we are able to evaluate the value of french public service theory through a new understanding of public service as a sense of solidarity and fair access to public service and the role of public administration.

Administrative philosophies in the discourse and decisions of the New Zealand public service: is post-New Public Management still a myth?

New Zealand is frequently cited as the archetypical example of New Public Management (NPM), having gone ‘further and faster’ than other jurisdictions in radically reforming their public service in the late 1980s. These reforms have been credited with significant gains in efficiency and responsiveness, while introducing new challenges. Successive reforms over the past 30 years tinkered with the model without fundamentally altering the underlying paradigm, such that authors refer to the ‘myth of post-NPM in New Zealand’. In 2020, New Zealand repealed and replaced its main public service legislation. By textually analysing government documents, this article explores the different theoretical roots of New Zealand's ongoing administrative reforms and debates the extent of their theoretical coherence. The Act directly dialogues with and draws inspiration from recent academic debates, drawing from a range of sources (such as New Public Governance, Digital Era Governance, and the New Public Service). Points for practitioners New Zealand has long been regarded as the purest example of New Public Management (NPM). Legislation passed in 2020 saw New Zealand adopt a range of reforms described in the literature as ‘post-NPM’, while also reaffirming features associated with Traditional Public Administration (TPA). While New Zealand has moved away from a pure NPM model and adopted features associated with Post-NPM, Post-NPM is not a coherent doctrine and it may only be possible to identify administrative doctrines retrospectively. We may be entering a period of ‘New Public Complexity’, where administrative doctrines are blended and layered.

موانع حرية التعبير عن الرأي في نطاق تشريعات الوظيفة العامة – دراسة تحليلية

Freedom of expression, guaranteed by international conventions on human rights and the Constitution of the Republic of Iraq of 2005, is one of the relatively modern freedoms for the Iraqi individual, whether he is a public servant or a citizen. The activation of this freedom did not find a space for application until after 2005. Its application is a relative one, as it is one of the freedoms that are related to the social and cultural structure of society in general. As for the transfer of this concept to the scope of the public office, which is governed by a set of legislation that was not compatible with this concept. This is because most public service legislation precedes its legislature to endorse this constitutional freedom, as well as the lack of clear criteria to distinguish between what is considered part of the subordinate’s constitutional right to exercise freedom of expression, and what is considered a violation of public service legislation.

Az előmeneteli és illetményrendszerek szabályozása a magyar közigazgatásban

In this study, I examine the advancement and salary systems within the content of the legal relationship. Civil service acts are based on a wide range of personnel policy solutions in the Hungarian public administration. While one act prefers public law and centralized regulatory methods, another tends to focus on labour law and decentralized solutions, while the third seeks to mix them. Thus, in all cases, a similar legislative intention can be identified, yet a completely different approach is reflected behind the regulation of one or another legal relationship. Based on all this, a number of issues can be identified. Which personnel policy system solution is better in line with international trends in civil service legislation? What legal and personnel policy solutions characterize the advancement and remuneration of one or another civil service status? Can differentiation or fragmentation contribute to the modernization of civil service careers? At all, can we talk about solutions in this case or are we currently witnessing some ‘post-bureaucratic’ search for a way?

Analysis of Legal Powers of Municipal Wardens they Possess to Ensure Safety At the Local Level

Abstract In Slovenia, the Municipal Warden Services Act (ZORed, 2006, and ZORed-A, 2017) represents the framework organisational legal act regulating the field of work of municipal wardens. In addition to the above act, the field of work and tasks performed by municipal wardens are also regulated by other laws and by-laws. Legal regulations enable and allow authorised persons of municipal warden services to use repressive powers in ensuring security. The article thus presents the security powers of municipal wardens from the point of view of the applicable Slovenian legal order. The article is a scientific review based on grammatical and dogmatic interpretation of applicable legal regulations and selected decisions of the Constitutional Court of the Republic of Slovenia, and on an analytical method of the review of the Slovenian legislation in the field in question. The legal methods used by the author also include a synthetic method of comparing the legislation from the underlying Municipal Warden Services Act (ZORed, 2006) and its main amendments set out in the ZORed-A (2017). The paper is a comprehensive review of measures that municipal wardens may use to ensure safety at the local level. The author lists the relevant scientific and professional literature and argues about polemic issues with other prominent Slovenian authors. In Slovenia, laws are being amended, giving more and more powers to municipal wardens. The conceptual changes introduced by the ZORed-A (2017) have resolved some ambiguities, such as the addition/amendment of articles relating to the conditions for performing municipal warden tasks and supervision over their use, but a comprehensive and systematic amendment of municipal warden services legislation would nevertheless be useful.

Dietary plasticity of a understudied primate (Sapajus cay) in a biodiversity hotspot: applying ecological traits to habitat conservation in the Upper Paraná Atlantic Forest

Abstract One of the main threats to wild primates is habitat alteration, fragmentation and destruction. Therefore it is crucial to understand the ability of those species to adapt to human-induced habitat changes to prevent extirpation. Key to this is a species diet plasticity. In Paraguay over 91% of the Upper Paraná Atlantic Forest has been destroyed to expand agricultural land. We determined the diet composition of three Sapajus cay groups in degraded and near-pristine Atlantic Forest in eastern Paraguay to assess whether the diet composition of this species changes with habitat degradation. We accounted for diet variability associated with demographic traits and forest characteristics using multinomial linear models. Once the effect of age, sex, and season were accounted for, we found that the diet of capuchins was plastic and shifted to adapt to studied degraded forest conditions. The results showed that (as expected) the capuchins have a generalist and flexible diet, including opportunistically taking advantage of crop plants, particularly Slash Pine plantations, when the risks were lower. The capuchins ability to adjust their diet in different habitat fragments demonstrates that small islands of Paraguayan Atlantic Forest are valuable for their persistence. This insight can be used to create applied conservation strategies, such as using the existing Payment for Ecosystem Services (PES) legislation to provide an opportunity to begin reconnecting fragments using native trees bordered by Slash Pine plantations. Using the capuchins as an umbrella species would increase public support of the program, while compensation through the PES scheme and profiting from the timber would encourage landowner participation.

The Institution of Incentives – an Element of the Civil Service Legislation System

The substantial differentiation of doctrinal definitions of encouraging a civil servant in the absence of statutory regulation of such a concept complicates the understanding of the meaning and purpose of this legal tool. The research topic is relevant because the problem of finding such means of influence on subjects authorised to perform the tasks of the state and local self-government, which would encourage civil servants not only to fulfil their professional duties, but also to increase the efficiency and effectiveness of their activities, is of great importance for the improvement and further development of the civil service in Ukraine. The purpose of this study was to investigate the institution of promotion as an element of the system of legislation on civil service, based on a comprehensive system analysis of legal phenomena in the context of current legislation and theoretical legal approaches adopted in the countries of the European Union. Upon authoring this paper, the following methods of scientific cognition were used: dialectical method of legal knowledge, thanks to which the institution of incentives was considered as a phenomenon of legal reality and its essence and qualitative changes in its formulation were investigated; the method of logical-semantic and logical-legal analysis allowed formulating the terminology for incentive legislation, the legal institution of incentives for civil servants; methods of modelling, analysis and synthesis allowed developing proposals for improving legislation on the legal regulation of incentives for civil servants. It was proved that the pluralism of the wording of this concept determines the need for regulatory consolidation of the concept of incentivisation as an element of improving the efficiency of public service. The study clarified the specific features of the institution of incentives in the system of public service legislation, which cover incentive legal relations, the implementation of which takes place in the system of public service, the grounds for applying incentives to civil servants. The authors considered the idea of adopting the Award Code of Ukraine, which would systematise and streamline many regulations that govern incentives, with the purpose of eliminating obsolete legal material, discrepancies in incentive norms, ensuring their logic and consistency, introducing new legal rules. The legal institution of incentives for civil servants is defined as a set of norms of official and administrative legislation that regulate a group of public service legal relations aimed at directly supporting the activities of public servants and related to the implementation of proceedings within the apparatus of the state authority in cases of public servants’ incentives. This paper will be useful not only for employers, but also for the Ukrainian legislator, since the solution of problems related to the improvement of the institution of encouragement of public servants, stimulation of their effective activity should be recognised as one of the priority tasks of the state according to the standards of the European Union.