civil service

  • Activities of Civil Servants: Features of Evaluation in Ukraine

    Author: Valeria Fostikova
    Institution: Taras Shevchenko National University of Kyiv
    ORCID: https://orcid.org/0000-0002-9542-8768
    Year of publication: 2020
    Source: Show
    Pages: 50-59
    DOI Address: https://doi.org/10.15804/ksm20200304
    PDF: ksm/27/ksm2704.pdf

    The article is devoted to the study of the regulatory framework for evaluating the activities of civil servants in Ukraine. In particular, the Law of Ukraine «On Civil Service» is analyzed, as well as the «Procedure for evaluation of civil servants performance results». The purpose of the article is to systematize the principles, procedures and features of evaluating the activities of civil servants, which should help increase the effectiveness of their professional competencies, as well as the functioning of personnel management services in public institutions. The research methodology is based on systemic and structuralfunctional approaches. One of the tasks of the study is to identify the negative aspects of current legislation. It is proved that the procedure of appealing the negative conclusion of the evaluation of the performance of a civil servant needs to be clarified, as well as the algorithm of his/her dismissal in case of receiving a negative evaluation. The peculiarities of evaluating the performance of civil servants who hold public office positions of category «A», «B» and «С» are analyzed.

  • Służba cywilna w orzecznictwie Trybunału Konstytucyjnego

    Author: Kamil Mroczka
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0003-3809-3479
    Year of publication: 2021
    Source: Show
    Pages: 171-188
    DOI Address: https://doi.org/10.15804/ppk.2021.03.11
    PDF: ppk/61/ppk6111.pdf

    Civil Service in the Jurisprudence of the Constitutional Tribunal

    The civil service (c.s.) is a key element of any nation of law. As an institution responsible for exercising the public authority c.s. is not free from political pressure and takeover attempts for the purposes of the party. Polish experience in the creation of a politically neutral c.s. has not been impressive. The first regulation was created during the interwar period. After the World War II, the idea of an independent and professional c.s. was gradually dismantled to be completely abandoned in 1974. After the collapse of PRL, until 1996, there were several unsuccessful attempts to revive c.s. In that year the parliament adopted a basis for the c.s. system but even that attempt was subsequently revised in upcoming years by further changes (three new acts of law). Moreover, it has to be pointed out that during those years the actions of decision-makers concerning the c.s. have been the subject of jurisprudence by the Constitutional Tribunal. The rulings issued by the Tribunal have shaped the operational conditions which are important for c.s. and have developed an interpretation of the constitutional axioms of that institution. Analysis of key sentences of the Constitutional Court is the subject of this paper.

  • Naruszenia ustrojowych wytycznych służby cywilnej

    Author: Wojciech Drobny
    Institution: Instytut Nauk Prawnych Polskiej Akademii Nauk w Warszawie
    ORCID: https://orcid.org/0000-0002-7956-4348
    Year of publication: 2022
    Source: Show
    Pages: 295-308
    DOI Address: https://doi.org/10.15804/ppk.2022.01.22
    PDF: ppk/65/ppk6522.pdf

    Violations of the Constitutional Guidelines of the Civil Service

    The article presents the issues of post-constitutional legislative practice, in part concerning the law of the civil service. In the author’s opinion, the Polish Constitution of 1997 sets a solid basis for the functioning of the civil service corps and clearly defines the principles and goals of its functioning (which are: professional, reliable, impartial and politically neutral performance of state tasks). The review of the legislation after 1997 and the jurisprudence of the Constitutional Tribunal was presented at intervals determined by the next civil service law pragmatics. The collected examples of violations of the provisions of the Constitution (in the analyzed time and area) allowed for the formulation of conclusions on the nature and practical significance of civil service law. General assessment is that polish civil service law construction (in accordance with the Constitution) is a difficult task, still unrealized in the law Polish.

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