Kukharchuk K. Organizatinal and Legal Forms of Personnel Policy in the Prosecution Authorities of Easter Galicia 1867–1939: Historical and Legal Research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101687

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

20-10-2020

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The dissertation is devoted to the study of organizational and legal forms of personnel policy in the prosecution authorities on the territory of Eastern Galicia in 1867–1939, so, during the Austro-Hungarian Empire and Second Polish Republic. It has been established that in the foreign and national historical and legal literature only the general state of the Prosecutor's Office of Austria-Hungary and the Second Polish Republic and its place in the state administration apparatus were investigated. At the same time, the study of personnel direction of work in the then prosecutor's office is still awaiting its researcher. That is why, after a considerable amount of the doctrinal works of the Austrian, Austro-Hungarian, Polish and Ukrainian scientists, the main emphasis was put on the original (ie archival) sources and normative acts in the language of the original in order to avoid subjectivism and conduct comprehensive study of the elements and directions of personnel policy in the bodies of the Prosecutor's Office of Austria-Hungary in 1867–1918 and the Second Polish Republic of 1918–1939. The use of a balanced set of methods is extremely important to achieve the results of a study of the staffing policy of prosecuting authorities. During the writing of the dissertation a number of general and special methods of cognition were applied together with auxiliary specific historical, formal-logical, hermeneutic, comparative-legal, system-functional, dialectical, systemic methods. Synthesis and analysis methods, legal modeling, comparative studies and statistics were also applied. The Imperial Prosecutor's Office was headed by the Minister of Justice together with the Attorney General. State prosecutors, prosecutors and their deputies acted at the first and second instance tribunals. Special prosecutors' offices were also created: military and financial. The powers of the public prosecutor's office of the general jurisdiction (not specialized) extended to the notary and the bar. It was the prosecuting authorities that oversaw the legality of their activities. Each employee of the prosecutor's office was brought a personal case when hiring. The dissertation deals with the problems of general theoretical concepts, which contain provisions on the main directions of personnel policy. It is established that they include selection of personnel, formation of staff position, selection and formation of labor collective and assessment of business and personal qualities of the employee, etc. In addition, during the course of service, the qualification plates indicated the personal and professional positive and negative qualities, successes and miscalculations of the official. The law clearly regulated the everyday life issues of an employee, the areas of social security, pensions, institutes of disciplinary responsibility and promotion. In the scientific work the process of calculation and payment of salaries, accrual of length of service, vacations, etc., is thoroughly investigated, as well as the powers of the military and financial prosecutor's offices and their place in the general system of prosecutorial bodies. The procedures of transfer to other positions, conditions of promotion and, finally, dismissal from the authorities were also studied. It was noted that not less important element of the personnel policy was the qualification and certification of the personnel of the Austro-Hungarian Prosecutor's Office. The specific procedure for applying for a candidate's position has been investigated: from the list of required documents to the moment of taking the oath. The practice of activity of the Galician Financial Prosecutor's Office has been considered and a number of requirements have been analyzed, which were put forward to candidates for such responsible work. There were similar basic elements of personnel policy in the Prosecutor's Office of the Second Polish Republic, but with some differences. For example, the requirements for a candidate for a position in the authorities differed, and the legislator changed them from time to time. This is explained by the fact that the Polish prosecutor's office since 1919 was in a process of reforms. Polish law also introduced prosecutors' conferences aimed at solving practical problems in the activity, discussing and bringing to the attention of all employees the innovations in the legal framework, etc. Judges, lawyers, notaries, and professors of higher education institutions were often invited to participate in conferences.

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