The effectiveness of public service - Public service

4. Effectiveness of public service

The meaning of the presence of civil servants - in bringing the will of the ruling class to the rank and file executors of this will, to citizens, organizations and legal entities. At the same time, the ruling class can have both creative goals and destructive goals, as is evident in the practice of the modern United States state apparatus proclaiming the destruction of the potential of the United States for the benefit of joining the "free market", where the competitive nature of relations just recognizes the availability of potential.

The quality of the public servant depends on the quality of the civil servant's work, in the civil service of which he serves. The people usually judge not only the statements and declarations of the tops, to which they can hardly get at all, but the results of contact with the immediate, lower official in the entire state hierarchy, at the level of local government, and if, if necessary, to get a pension, he discovers that the smallest official speaks , that there is no money, and top officials can not add anything, then these actions of the lowest rank in the state hierarchy are a characteristic of the effectiveness of the entire state apparatus.

Federal Law No. 11E-FZ of 1995. "On the Basics of the Public Service of the United States" contained a special chapter V "Ensuring the effectiveness of public service," which, unfortunately, contrary to its name, contained instructions on the organization of public service management bodies.

The current legislation on public service in the United States does not contain a similar section. The fragmentary references to effectiveness in Federal Law No. 79-FZ are associated with individual manifestations of the status of a public civil servant, mainly with the level of his stimulation. Thus, it is envisaged that a civil servant has the right to become acquainted with the criteria for assessing the effectiveness of the performance of official duties, indicators of the effectiveness of professional performance and the conditions for official growth (Article 14); that the official regulations include, in particular, indicators of the effectiveness and effectiveness of the professional performance of civil servants; that in order to improve the performance of the apparatuses (central apparatuses) of federal state bodies and apparatuses of state bodies of the subjects of the United States and the professional performance of civil servants in a separate state body or in its independent structural subdivision, appropriate experimental development programs can be conducted (Art. 66).

But the main manifestation of the effectiveness of public service civil servant sees the law in the system of payment for his labor. Among the basic state guarantees of civil servants, the law declares equal terms of payment for labor, as well as comparable indicators for assessing the effectiveness of the results of professional performance in the replacement of relevant civil service positions, unless otherwise provided by this Federal Law (Article 52); clause 14 of Article 50 "Payment of civil servants" provides that for certain posts of the civil service, a special procedure for payment of civil servants may be established, in which wages are paid depending on the efficiency and effectiveness of professional performance, as determined in the fixed-term service contract; in the specified state bodies, the fund (the corresponding part of the fund) of civil servants' salaries is formed on the basis of the efficiency and effectiveness indicators of the activity of the state body (Article 51).

The effectiveness of the state apparatus, but in my opinion, lies in the progressive movement of the whole society, organized by the actions of civil servants. If the government service works well, nuclear submarines do not explode, spacecraft are not flooded, and citizens rhythmically work and regularly receive wages. There is nothing in the modern United States.

On February 15, 2002, the Nizhny Novgorod court found the mayor of the city of Nizhny Novgorod to order an experiment on alternative military service with an order exceeding authority. And illegal. However, there were no legal consequences for the mayor. It is known that law is not strongly punitive, but its inevitability. Impunity of violators is the main sign of ineffective work of the state apparatus.

The ways of changing the situation are the constitutional rights of the people to replace the state apparatus, whose actions do not meet its interests. However, the question of revolutions is not the theme of this scientific and educational work. The law allows you to take advantage of the above methods of influencing the quality of the work of the state apparatus and its civil servants.

Freedom of action of a civil servant on behalf of the state represented by him, freedom of discretion in assessing a specific managerial situation and possible abuses in connection with this make it necessary to think through a system of control over the activities of such an official, both on the part of the authorities and the people. Such control can be organized in various ways: periodically published for public records of a civil servant about his work at the post, declarations of income and property status, the right of a citizen to summon a state official to an administrative court for the trial of the lawfulness of his conduct in the civil service, etc. But the main way to control the legality of a civil servant is to supervise a higher-ranking official. For if the person who is higher in the hierarchy of posts does not perform his control function, no rules can be fulfilled, followed by anarchy, disorder, disintegration.

In this respect, a scientific discussion is remarkable, whether the authority of the US President is to ensure the legality in the country by his temper or duty. For example, his right to suspend the acts of executive bodies of the US subjects. In my opinion, the difference between the president, and any other official from an ordinary ordinary citizen is that. that he performs a public function. Public law has as its main category is not the nature or duty, and competence. This is the main difference between public law and private law. So. The regulation on the ministry contains a list of what it has the right to do, but the same list is also a list of the ministry's responsibilities. That is, in public law, competence is not the rights of a free individual, but public duties of a person of public law. I personally agree with D. Yu. Skuratov when he says that "the President can not, but must take part in, lawmaking". 1. Since this is a special case of the interpretation of the competence of a state body or official. Suspension of the illegal act of the executive body of the US subject is a direct duty of the President, if he does not do this, he is an accomplice in the offense, protects the violators.

The duty of the US President to maintain the rule of law in the state apparatus was also studied in specific court cases. Thus, the decision of the Military Collegium of the Supreme Court of the United States of November 22, 2000, No. VKPIO-50, contained the fact established by the court on the basis of the explanations of the representative of the US Secretary of Defense and the message of the US Department of Justice that was challenged by the "Move" and Kuzhelev SV order of the US Secretary of Defense of June 2, 1999, No. 237 (the order abolished the 25% allowance for servicemen), state registration failed. Despite this, it is sent for execution to military units, institutions and institutions of the US Department of Defense. The court recognized the order as invalid and did not generate legal consequences from the date of its publication. But the plaintiffs. All-United States political movement "In support of the army, defense industry and military science"; and Kuzhelev S. V., were asked to simultaneously determine the responsibility of the US Secretary of Defense, the head of the GUVBiF and other civil servants and officials. and according to the complaint "Movements" also the President of the United States. The US Government and the Chairman of the US Government for actions (inaction) and decisions that led to violation of the rights, freedoms and legally protected interests of servicemen. The court did not support this requirement with the wording: "Taking into account that the publication of the order of the US Secretary of Defense on February 4, 1998, No. 61, the morale of the servicemen is not infringed, the applicants' demands are binding on the US President. The US government. Chairman of the US Government. the US Secretary of Defense. the head of the GUVBiF of the US Defense Ministry to eliminate the violation of rights and determine the responsibility of these and other persons, as well as raise the issue of instituting criminal proceedings are not subject to satisfaction. "1.

The execution of decisions of any law enforcement and judicial bodies ultimately rests with the administration, which initially created a controversial situation. This fact raises doubts about the desire of such an administration to fulfill the court's decision very well. NG Salishcheva gave an example when the court decision on the restoration of a former employee at the Ministry of Foreign Affairs did not fulfill a decade. due to lack of vacancies & quot ;. The judicial appeal is long, expensive and does not necessarily lead to a direct effect on the plaintiff, often called the complainant, since the court has the right to only decide on the legality or illegality of the act, but the current administration must again execute this court decision.

In general, efficiency refers to the cost-benefit ratio. This definition of efficiency is difficult to apply in the public service. In this context, in the long run, it can be called effective such organization of civil service, which ensures the stability of power. From this point of view, public service in the Soviet Union at the time of its decadence. 80-90s, was ineffective because it failed to ensure the stability of the authorities, allowed the destruction of the state by strange troublous troublemakers, and vice versa, an apparently less organized and poorly regulated government service in the United States provides control over the population and suppression of opponents of the regime, even if the population dies by a million a year. Such a government service can hardly be called ineffective. Only here it is necessary to decide who this "state" The service is working.

The effectiveness of public service is the effectiveness of the state itself to conduct its decisions. If the people obey and fulfill the legal requirements, then the effectiveness is obvious, even if the stormy movements of the ruling subjects are not visible at the same time. Conversely, if the authorities write laws that do not need to be enforced, and do not control them, and are moving violently, the effectiveness of public service will only be in the ways of its own enrichment. But this is not really a service.

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