Legal protection of civil servants - Ethics and etiquette...

Legal protection of civil servants

In order to provide legal protection for civil servants from misconduct by managers in many countries, there are various forms of parliamentary control and administrative justice that monitor and protect the interests of personnel.


USA. One of the most effective mechanisms for providing legal protection for American civil servants is the whistleblowing system (literally - whistle blowing) - fixed by law and thus protected from possible " retribution rights and duties of federal employees to report on the facts of illegal or wasteful activities of bodies or officials. In 1989, a special Whistleblozcer Protection Act was enacted: In the United States, the obligation to report ethics violations is considered a civil action aimed at eliminating evil, and therefore contributing to the common good.

The US Ethical Reform Act states: "Employees must be protected from prosecution for lawfully disclosing information about violations of laws, regulations and instructions, as well as poor management, significant squandering of funds, abuse of power or serious threat to the public good and security & quot ;. In a somewhat simplified form, these provisions are reproduced on a special plastic card given to each official. Their implementation is provided by the Merit System Protection Board, which monitors compliance with the Civil Service Law, one of the main principles of which is observance of high standards of honest behavior and concern for public interest. The main purpose of the Council for the Protection of the Merit System is to protect the principles of the merit system (the system for recruitment and promotion of employees based on their professional and business qualities) that form the basis of the state's personnel policy, from abuse and misconduct by the administration of state institutions, such as providing unlawful preference to any of the employees or applicants for the position; nepotism, persecution or threat of persecution in relation to an employee who lawfully disclosed information that demonstrates certain violations. The Council considers complaints of civil servants on dismissal, removal from office, reduction of salary, violation of the rules of examinations for admission, qualification standards and tests. In a year they are considered up to 4 thousand complaints, and in 30% of cases the matter is decided in favor of the employee.

The implementation of the merit system principle is performed by the HR department. In particular, it sends to employees a list of the most dangerous violations by employees of the rules of conduct. The role of the first instance performing the tasks of the initial investigation is performed by the Office of the Special Advocate, who is engaged in preliminary investigation of cases of violation of laws regarding civil servants on their complaint. General supervision of compliance with merit system is carried out by a special unit - the policy and evaluation department. These institutions are called not only to provide legal protection for civil servants in situations that one of the foreign authors figuratively defined as "civil obedience in a particularly stressful situation" in the conditions of a moral choice of an employee when he receives an illegal management order from him. They also provide moral protection for civil servants, reinforcing a positive motivation for honest, conscientious service and confidence in the stability of their official position.

United Kingdom. In 1995, the institution of the Public Service Commissioner was established, whose duties include reviewing administrative activities in the public service.

France. The institutions of the intermediary and of the Inspectorate are introduced in the country - independent instances that study complaints in connection with the wrong actions of the administration in relation to employees, the facts of unlawful actions of the administration in state bodies.

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