3. State bodies regulating the public service
At the federal level, the personnel policy is formed by the President and the Government of the United States, which have subordinate bodies. So. in the Administration of the President of the United States. in accordance with the Decree of the President of the United States of March 25, 2004 No. 4 & Uuml; 02, the Office of the President of the United States for Personnel Issues and State Awards and the Office of the President of the United States on Civil Service Issues act as independent units. In the structure of the US Government Office. approved by the order of the Government of the United States of November 16, 1999, No. 1827-r3, there is the Personnel and Public Service Department. However, there is no state specialized body responsible for such an important area of state activity as the formation of a cadre of state bodies in the United States, but the selection of cadres for the civil service from the USSR remains largely reminiscent of the system of blat.
The Commission, established on the basis of the Regulations on Commissions for Compliance with the Requirements for the Service Behavior of State Civil Servants of the United States and the Conflict of Interest Regulation approved by Presidential Decree No. 269 of March 3, 2007, is not so, since its competence is limited to the consideration of conflicts of interest in the civil service, and does not apply to the whole range of conflicts associated with the civil service.
The creation of a special state body dealing with the issues of organizational support for the normal functioning of the state apparatus is an elementary task of the state. In reality, this function is performed by the state by completely different state structures, depending on the form of the state, the form of power and the historical moment. So. in the USSR, the ruling Communist Party fulfilled the function of a state body to monitor the procedure for the functioning of the civil service in the USSR. Issues of personnel policy were dealt with only by party bodies, not giving the staffing of state bodies to the people's communist self-government. It was impossible to claim for any post or position in the state without the consent of the party bodies, there were lists of election reserves in party organizations in which candidates for vacant positions were ranked according to the degree of confidence in them from party leaders. This semi-underground (since the CPSU was considered a non-state structure), the system for monitoring the staffing of the state apparatus does not correspond to the postulates of the communist theory of the state about the transition to public self-government. However, it existed and quite successfully functioned, because it differed in reality and effective control. This system, perhaps, was also the core of the centralization of the state, the Soviet Union, precisely under the conditions of the proclamation of the Trotskyist slogan about the withering away of the state but the extent of the movement towards communism, for which in practice there were no grounds. The state was strong.
In Japan, a special body was created, the Chamber for Personnel Affairs under the Cabinet of Ministers (Article 3 of the Law) with offices on the periphery (Article 13). separated from the rest of the ministries. It is a specialized body, an outsider to the ministries, just as it was invented in Pandleton's American law. in a number of countries of the Anglo-Saxon system of law, the cadre body is an organ of the second-tier state, not by the ministry, but by the department under the ministry. So, according to the example of the UK, the "federal cadre agency" in Switzerland is subordinated to the Department of Finance and Customs (Article 63). But more typical is the scheme of organization of personnel management bodies, when the main issues of personnel are in the hands of either the prime minister himself, or in the departments under him or the head of state. Thus, in Argentina, Decree No. 2098.87 of December 30, 1987 stipulates that the management of the Civil Service Corps is carried out by the National Presidency through the Secretariat of the Public Service. This is enshrined in Appendix III "Motives for the creation of the Cabinet of Government Administrators". to Decree No. 2098/87 of December 30, 1987, "National Public Administration", which approved the Charter and the Register of the Corps of Government Administrators.
The Office of the President of the United States for Personnel Issues and State Awards, in accordance with the Regulations on it, approved by Presidential Decree No. 799 of June 25, 2004, in particular, has the following responsibilities:
exercise within its competence control over the implementation of federal laws (insofar as it relates to the powers of the President of the United States), decrees, orders and orders of the President of the United States on personnel matters and issues relating to state awards;
preparing proposals to the President of the United States on the implementation of personnel policy and a unified policy in the field of state awards;
ensuring the activities of the United States organizing committee "Victory", the Commission on State Awards under the President of the United States, the Commission under the President of the United States for the preliminary examination of candidates for the positions of judges of federal courts, as well as within its competence the activities of other consultative and advisory bodies President of the United States;
personnel and organizational and staff support of the activities of the Administration of the President of the United States.
Decree No. 641 of the President of the United States of June 1, 1998, "On Measures to Organize Verification of Information Submitted by Persons Replacing Public Positions of the United States in the Order and Public Positions of the Federal Public Service"; provides that the personnel services of federal state bodies organize a check: the authenticity of information reported by a citizen about himself when appointing to a public position of the United States or when entering the federal civil service; observance by persons substituting public office of the United States and public offices of the federal civil service, restrictions established by federal laws; reliability of the information on incomes and property of the specified persons.
Public administration bodies in the field of civil service are tasked with:
1) compiling a schedule of posts required for the functioning of the state apparatus;
2) the formation of clear requirements for each post in the form of job descriptions;
3) holding a competition or other event to replace public positions with the topic. so that no function of the state is left without coverage;
4) control the proper exercise of authority by persons who replace public office;
5) resolution of issues of rewards and responsibility of persons holding public office, and, finally,
6) the resolution of disputes related to the performance of duties of public office. As you can see, this is a very large amount of government duties. It seems that they require a specialized government agency, which is equally separated from the US Department of Health and Social Development with the Federal Service for Labor and Employment under its jurisdiction, just as labor law differs from the right of service. For, as Aristotle said: "All this kind of science is slavish, master science is like using a slave, and being a master does not mean being able to acquire slaves, but to be able to use them. In this science there is nothing great or sublime: because the slave must be able to perform, then the master must be able to order. ... Here are our thoughts on the slave and master. "
Creation of a state body but organization of civil service in the USA. predicted by Yu. N. Starilov. Did not happen. And this is not accidental. In the United States, the system of extraction, blat in the staffing of the state staff is preserved, and this circumstance does not call for the creation of a state institution, and this is not connected with the socialist system of law, which also retains its effect in the United States.
Since the civil servant creates a situation that is directly related to his official activities, is conditioned by his state official position and it entails consequences for an unlimited number of persons, then every action of a civil servant must be documented and archived. To fulfill this work, Article 42 of the Federal Law of the USA of July 27, 2004, No. 79-FZ, provides for the Personnel Service of the state body. The legislation provides for a number of measures to prevent unauthorized dissemination of information from the civil servant's personal file. There is a special document on the personal file of the civil servant, the Regulation on the personal data of the state civil servant of the United States and the conduct of his personal business, approved by the Decree of the President of the United States of May 30, 2005 No. 609 '. However, this Regulation provides that when the personal data of a civil servant is received, processed, stored and transferred, the personal service of the state body is not transferred to the third party by the personnel service of the state body without the written consent of the civil servant (item ee). This interpretation, in my opinion, unfairly shifts the emphasis from the official nature of information about the civil servant as a state function, to the protection of his personal rights. It is due to official, state nature of information about a civil servant, firstly, citizens have the right to know who serves them, they have the right to get acquainted with the data of a particular civil servant, and, secondly, such information constitutes a state information resource and must be preserved for the subsequent use and evaluation of the quality of the activities of the civil servant and the entire state apparatus. Unfortunately, the current legislation does not make such emphasis on the civil servant's documentation and, as it seems, for many, including political, reasons. The status of the personal business of a civil servant as a collection of only personal information blocks the ability to investigate his activities for corruption and, in general, the effectiveness of his service.
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