Public Service Ethical Process Management System
Already at the end of the last century it became obvious that "point hitting" for unscrupulous officials and disparate, uncoordinated measures to ensure the ethics of the civil service corps do not give the expected results, and the success of the implementation of the adopted laws on professional ethics depends on the ability of the state to manage the disparate efforts of various organizational structures operating in this area, coordinate their activities, regulate, control and direct the process of formation of the moral culture of the civil service corps. This led to the need to create a system of management of moral relations in public service.
In USA the formation of a system of bodies for the management of the ethical aspect of the functioning of the country's management apparatus at all its levels began with education immediately after the adoption of the Law on Government Ethics of 1978, Office of Service Ethics in the state bodies (Office of Government Ethics). Today this body, along with the Corporation of the State and Community Service (CNCS) , includes, among the 69 US independent agencies approved by the US Congress, in the structure of the executive branch of the US government.
The main characteristics of the legal status of OGE as an independent agency are non-departmental status, the nature of activity independent of federal ministries, the law of legislative initiative in the sphere of its powers, the collegial form of governing its field of activity, and the presence of mandatory representation in their composition from the ruling parties. The Office is headed by a director who is appointed by the President of the United States for a five-year term.
The mission of the Office is to implement the "guide in the executive branch of government to prevent and resolve conflicts of interest among government officials." In an alliance with departments and executive agencies, the Office educates employees with high ethical standards and strengthens the public's belief that government activities are carried out impartially and honestly. " The mission of this Office is determined by its main tasks - "comprehensive regulation to prevent conflict of state interests and personal interests of officials and employees of all executive bodies"; and the issuance of orders establishing a "uniform, detailed and clear set of standards of conduct for employees of the executive departments."The most important functions of the Office of Service Ethics are the coordination of the activities of all links in the management system of moral relations, monitoring the fulfillment of the requirements for the official behavior of civil servants contained in the law on government ethics, and the formation of the personal moral culture of each civil servant. This involves the creation of training programs for management personnel aimed at in-depth study of the spirit and letters of the law, as well as monitoring the quality of mastering the acquired knowledge and the ability to implement them in practice in daily activities. A clear and realistic description of the circumstances and attitudes that can lead to situations of conflict of interest, illustrative examples of unacceptable behavior or connections of civil servants working in high-risk areas, comprising the content of methodological and educational materials, annual tests, help everyone learn to use the requirements intelligently law to a specific situation, avoiding the emergence of a conflict of interest or violation of ethical norms that may entail not only a discipline inarnye, but also administrative and even criminal liability measures stipulated by this law.
The mission of the Office of Service Ethics and its functions is provided by five offices that are part of the management structure:
1) the director's office administers the ethical program of the executive power of the United States and is responsible for ensuring it;
2) the International Support Office of management initiatives coordinates US efforts to promote international ethical and anti-corruption programs;
3) the Office of the General Counsel and Legal Policy is responsible for establishing and applying uniform requirements of government ethics for employees of the executive branch, developing policies and rules for the ethical program of the executive branch, interpreting laws, assisting state agencies in enforcing the law and the line of conduct, recommends the introduction of changes in legislation on ethics and conflict of interest. The office also provides communication with the Congress and the media;
4) office programs agency monitors and ensures the maintenance of ethical programs by the federal executive agency. This office has three divisions: the program services department, the education department and the program review department. These departments coordinate efforts to assist state agencies in the implementation of their programs, work closely with agencies to solve their local problems, provide them with educational materials and training. The Office conducts annual ethical conferences for ethical officials, as well as a large number of special events quarterly throughout the year;
5) the Office of Administration and Information Management provides the necessary support to all existing programs of the Office of Service Ethics through two departments. The administration department is responsible for the staff, payment of employees, financial management, printing schedules, management of intellectual property, procurement, printout of materials. The Information Resources Management Department is responsible for telecommunications, web graphics, web site technologies.
In implementing these functions, the Office of Ethics is based on the executive commissions for ethics in the structure of the state governments (Executive Ethics Commission - EEC), whose main principles of work are a permanent basis, an independent position, an interdepartmental character, a broad involvement of the public on a temporary basis as independent experts, responsibility for monitoring compliance, implementation and enforcement of the law.
The commission consists of nine bipartisan commissioners, exercises authority under the control of constitutional state officials, and has authority over all officials and employees of the state departments responsible for implementing ethical policies.
At the county level, the Council of the County created independent ethics councils to execute ordinances (rules) concerning collisions of interests and financial reports. Their independence is ensured by the fact that none of the members of the council can hold an elective office or be appointed to a post in the county administration or other state structure, or to hold any party office. Under the laws of the State, the County Council provides the ethics council with the right to make its own recommendations, conduct investigations on its own initiative, as well as on petitions or complaints, refer cases to judicial investigations, establish administrative fines and hire an independent adviser. The county council should allocate sufficient funds to the ethics council to enable it to fulfill its responsibilities.
At the level of state organizations, control over the implementation of the Law on the Ethics of Civil Servants (the requirements of this law apply to all state organizations, including in the sphere of education, health care, etc.) are provided by a solid staff of (officier), directly responsible for the implementation of ethical programs. Everyone who comes to work in a state organization, in addition to a contract, signs an agreement with her in the form of the Ethical Commitment, in which he undertakes to undergo an annual training that monitors the knowledge of the requirements of the law and the ability of an employee to apply his requirements in specific service situations. This document, in particular, contains numerous examples of actions or situations to be avoided, and an algorithm for the behavior of the worker in each situation.
In addition, a wide network of civilian structures - special public bodies - is connected to the control over the observance by civil servants of requirements for official behavior. Today, ethics committees operate in two thirds of the US states. An indispensable condition for the effectiveness of such bodies should be their complete independence and the impeccable moral qualities of each member. According to the Governmental Committee on Ethical Legislation, there are 38 ethics committees at the state level and 12 local ethics commissions that carry out civilian control over the ethical conduct of officials in the United States. The activities of these commissions are also coordinated by the Office of Governmental Ethics.
Positions in the civil service system, whose immediate functions include official control over the ethical behavior of employees, are introduced in many countries of the world.
Ethical and professional development of civil servants
One of the most important factors in the formation of high moral culture and anti-corruption behavior of civil servants, as international experience shows, is ethical training. In many countries practice, the embedding the subject of ethics and etiquette of business relations in the training, retraining and advanced training programs for both ordinary workers and managers.
In a number of countries (for example, in Germany, Japan) directly in the apparatus, "quality circles" are created in which civil servants not only increase their professional knowledge and skills, but also learn to conduct telephone conversations , rules for communicating with visitors, conducting business negotiations, etc.A successful world experience in managing the moral processes in the civil service needs to be studied in depth not only for the purpose of its possible adaptation to modern United States conditions, but also for correcting those steps and measures that are being implemented today in the course of reforming the US civil service system and implementation of the requirements laid down in federal laws About the public service system of the United States and "About the state civil service of the United States". Conclusions
1. Formation of the body of highly professional, highly moral managers is a problem, the solution of which is provided by a combination of factors: political, legal, organizational, personnel, moral and psychological, historical.
2. Neither the development and adoption of a code of professional ethics, nor even its legislative enactment, will be effective without state, official, civil control over the fulfillment of these requirements.
3. Activation of all types of control over the ethical behavior of civil servants in our country should ensure the inevitability of punishment for violation of established requirements.
4. Measures taken by the poetization of the state and municipal service should be proactive, their main goal is to prevent violations of professional professional ethics, and not a reaction to a fait accompli.
5 . One of the most important components of the professional development of state and municipal employees is an ethical education that provides the necessary level of knowledge in the field of professional ethics and business etiquette, the ability to use this knowledge in the course of daily professional activities and the skills of proper office conduct.
6. The analysis of the world experience, which has been accumulated in many countries for decades, convinces us that the steps taken in our country to overcome the moral deficit in the civil service are being made in the right direction and have a positive outlook.
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