Tymoshenko V. Regulatory and legal framework for staffing the activities of the State Bureau of Investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101096

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

12-03-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The goal is the gradual and stable creation of all optimal conditions for the proper functioning of the SBI through the formation and optimal use of this state body personnel. The tasks are summed up as follows: filling the SBI with personnel; the proper functioning of the Bureau staff; ensuring the legal termination of service in the SBI. The main functions are rule-making, program and administrative; organizational; law enforcement and implementational; co-ordinational; preventive. There have been further developed the provision on the essence of the principles of staffing the activities of the SBI and their structure. Structurally, these fundamental ideas are divided into: general legal principles (human-centrism, rule of law, legality, democracy); principles of civil service, which are transformed into special principles of staffing the Bureau's activities (for example, the principle of providing the Bureau with patriotic personnel, the principle of rationality of staffing the activities of the SBI, the principle of approval the foundations of the stability of the civil service in the process of staffing the activities of the SBI and others); special (functional and managerial) principles (principles of motivation, professional growth, competition, innovation, efficiency, consistency, continuity, scientific character). The model of the administrative and legal mechanism of staffing the SBI activity is comprehensively characterized. The main levels of such an administrative and legal mechanism are: basic (norms of administrative legislation, purpose, objectives, functions, principles of this mechanism); practical material manifestation of the mechanism (non-structural and structural subjects and their legal personality); practical procedural manifestation of the mechanism (object in the form of corresponding relations, forms, methods and means of accomplishing tasks, procedural acts as the basis for the mechanism functioning). An up-to-date description of the system of subjects of staffing the activities of the SBI and their legal status is determined. Such a system is composed of “non-structural subjects” and “structural entities”. The main forms of such support are the following ones: the formation of the personnel potential of the SBI; maximizing and implementinfg the HR potential of the SBI; corrective and suppressive actions of the SBI personnel support. The appropriate methods are: 1) legal methods: general legal (persuasion, encouragement, control and coercion); administrative and legal: organizational and regulatory methods (publication of written or oral instructions, instructions, assignments, orders related to the achievement of the goal of staffing the activities of the SBI); methods of relationship ( coordination and interaction); 2) general methods: cognitive and analytical (in particular, assessments; comparisons; modeling); programmable (e.g. forecasting, planning). The priority areas for improving the relevant administrative and legal regulation have been identified by: 1) creation and approval of the Concept of staffing the SBI activities until 2030; 2) improving the legal regulation of the grounds, conditions and procedures for staffing the SBI activities; 3) creation of the Regulation on the organization and implementation of personnel work in the SBI.

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