Modeling for Learning in Public Administrations—The Learn PAd Approach

In the article is presented the scientific substantiation of standardization of the professional training (education) of the civil servants on the basis of the competent approach as a fundamental part of modernization of the civil service. The research establishes: among the main components of the modernization of the civil service of Ukraine is the reform of the professional training system for the civil servants, and part of it is the modernization of the professional training (education) of the civil servants; the lack of standardization of the professional training (education) of the civil servants of Ukraine; the need to take into account the experience of the developed countries of the world that standardized both the professional activities and appropriate professional training (education) of the employee based on a competent approach and mutually consistent with these standards.It was established that for the modernization of the system of professional training (education) of the civil servants of Ukraine in the conditions of European integration it is necessary: to clarify in the current legislation of Ukraine the concept of “competence” as a demonstrated ability to apply in practice knowledge and skills (in accordance with the standards of ISO 9001); to specify in the National Classifier (of professions) of Ukraine not only senior positions in the public administration, but also other positions of the civil service; to develop and approve professional standards for all the positions of the civil service of Ukraine; development of standards for higher education within the specialty “281. Public management and administration” based on the professional standards and in accordance with the National Qualifications Framework; clarify and legislatively establish a coherent set of competences to be held by higher education recipients (master, bachelor, junior bachelor) and civil servants in positions of categories “A” and “B” (the degree of higher education not lower than the master’s degree), category “C” (the degree of higher education is not lower than bachelor, junior bachelor).

Over the past decades, in most countries, public service has undergone the process of substantial reforms which met an adequate response in legal theory. The dual arrangement of employment relations resulting from the autonomous public law regulation of the public officials’ status as it was adopted in most European countries, has recently been put to question. The point is as follows: does the public service – the specific regulation of the public employees’ legal relations – belong to those outdated legal concepts of the 19th century that should no longer be preserved or, should it be re-introduced, as it is the case in our country? The author endeavours to give her answer to this question by pointing out the ways of resolving the legal problems connected with qualified and efficient performance currently required of modern public administration and its staff. This article was completed in spring 2001, when in the Czech Parliament a debate was launched on the bill concerning the Civil Service Act. Comments on some problems related to the proposed legislation are presented in this article, especially in Chapter 5, preceded by a short introduction into the legal concepts and terminology and the systems of public service adopted in the democratic countries (the situation, the trends, the European principles). Differentia specifica of public service can generally be based on criteria connected with institutions or with the public employees’ functions including the performance of public duties (public interests). In some definitions, those persons are considered to be public officials who perform their duties for “public administration proper” or sensu stricto only those who exercise public authority. The most pragmatic criterion consists in recognizing as public officials all those who are paid from public funds notwithstanding their legal status – whether statutory or contractual. According to the opinion of the European Court of Human Rights on current practice, either category of employees often perform equal or similar functions, and that is why it is appropriate to apply the functional criterion based on the nature of the employee’s functions and responsibilities. In the process of internationalization and subsequent globalization, the approximation trends show also in public administration which has remained a domain of sovereign regulation by the national states even in such supranational community as is the EU. It is the effect of the need to adjust the functioning and to some degree also the organization of public administration to meet the tasks arising from international and, in case of EU communitarian, obligations. A certain process of standardization, at least in terms of accentuation of basic common, elements and principles, can also be seen in the area of public service. In the post-communist countries, due to the efforts to achieve professionalism, to minimize political influences and to promote integrity of public service, the main stress is put on unification, stabilization and provision of strong legal guarantees, all this resulting in tendency to adopt some kind of modernized model of the career system. The basic principles of public service were most recently formulated by the Council of Europe (the status of public officials in Europe, Recommendation No. R/2000/6). The translation of these principles and a commentary are included in the present article. Chapter 5, dealing with the Czech public service de lege ferenda, includes an evaluation of the development of the public administration reform, an analysis of the constitutional regulation and the concept of a public servant’s status incorporated in the bill relating to the Civil Service Act. The bill promotes professionalism, political neutrality and stabilization of the civil service. It introduces public law status of a civil servant, sets conditions and requirements for recruitment, duties and rights of civil servants, their disciplinary responsibilities, etc. It provides for remuneration and compensations and establishes the social protection of civil servants. Doubts and objections on the part of experts and politicians are primarily concerned with the highly centralized civil service organization and a high degree of rigidity combined with inadequately open-ended nature of the proposed system. Both personnel management and public management are concentrated in the hands of personnel directors and the General Director of the civil service who is located in the Government’s Office. The specialization is one-sidedly promoted, not allowing necessary mobility and innovations. The proposed system is overprotective towards members of the present staff, who would be appointed to the new civil service without any evaluation nor examination. Apparently, the parliamentary debate indicates that the bill should be substantially revised before it is ready for acceptance. The studies on the prognoses of public service developments indicate mostly erosion of the career system as well as tendencies of the public employees’ status coming closer to general labour law relations. But it is too early to draw definite conclusions, especially as regards the speed of the future changes. The growing need to promote, both on the national and international basis, the means and ways of supporting public ethics and reinforcing the legal remedies in order to prevent or to punish unethical and/or illegal behaviour may lead to preferences generally given to models promoting traditional values. The era of building a “great architecture” of the civil service as an extensive, closed and rather rigid system has gone by. Nowadays it is very unlikely that public administration could avoid the processes spurred by modernization, exploitation of new technologies, free movement of labour, etc. It is important to ensure chat the Civil Service Act should not impede the possibilities of such development.

The article is devoted to the study of the civil service institution in Ukraine and the United Kingdom, and a comparative legal analysis is carried out which allows identifying both common features and significant differences in the organization and functioning of the state apparatus of these countries. Particular attention is paid to the historical and cultural factors that influenced the formation of the modern civil service system. In Ukraine, the institution of civil service is considered to be an important element of administrative law and public administration, which ensures the implementation of state policy, fulfillment of state tasks and protection of citizens’ rights. At the same time, the civil service system of the United Kingdom, known as the ‘Civil Service’, demonstrates an example of a well-established, transparent and politically neutral model that has become a benchmark for many countries around the world. The paper focuses on the need to reform public administration in Ukraine, taking into account global trends and British experience. In particular, the concepts of ‘Good Governance’, ‘New Public Management’ and ‘Policy Networks’, which are the basis for reforms in developed democracies, are explored. The article analyses the importance of career development of civil servants as a key element of ensuring the effectiveness of public administration. Itis emphasized that the career development system in Ukraine is in the process of improvement, while in the UK it has a long tradition of transparency, integrity and political neutrality. The role of ethical standards in shaping the professional culture of the civil service is considered separately. The author presents a model of ‘ethical infrastructure of a democratic state’ aimed at teaching ethical behavior and monitoring compliance with ethical standards by civil servants. It is emphasized that enhancing the professio­nalism and ethics of civil servants is an integral factor in strengthening trust in the state apparatus, ensuring social stability and sustainable development, and the adaptation of British approaches to the Ukrainian reality will contribute to the creation of a transparent, efficient and accountable civil service system that will meet the current challenges and needs of society.

Мета статті – проаналізувати нормативно-правове забезпечення реформування державної служби в рамках проведення реформи державного управління України.
 Наукова новизна. Проаналізовано нормативно-правову базу реформування державної служби в рамках проведення реформи державного управління України, що передбачено міжнародними зобов’язаннями України. Дослідження здійснено на основі аналізу комплексу нормативно-правових актів, які були прийняті в Україні, починаючи з 2016 року.
 Висновки. Реформування державної служби в рамках проведення реформи державного управління України, що передбачено міжнародними зобов’язаннями України, регулюється комплексом нормативно-правових актів, які були прийняті в Україні, зокрема: розпорядження КМУ від 24 червня 2016 р. № 474-р. «Деякі питання реформування державного управління України» (щодо схвалення Стратегії реформування державного управління України на період до 2021 року, яка є результатом оновлення Стратегії реформування державного управління на 2016–2020 роки та відповідного плану заходів з її реалізації в редакції розпорядження КМУ від 18 грудня 2018 р. № 1102-р), Закону України «Про державну службу» від 10 грудня 2015 р. № 889-VIII зі змінами, розпорядження КМУ від 27 грудня 2017 р. № 1013 «Про схвалення Концепції оптимізації системи центральних органів виконавчої влади», розпорядження КМУ від 1 грудня 2017 р. № 844-р. «Про схвалення Концепції впровадження інформаційної системи управління людськими ресурсами в державних органах та затвердження плану заходів щодо її реалізації», розпорядження КМУ від 1 грудня 2017 р. № 974-р. «Про схвалення Концепції реформування системи професійного навчання державних службовців, голів місцевих державних адміністрацій, їх перших заступників та заступників, посадових осіб місцевого самоврядування та депутатів місцевих рад», а також змін до законів України «Про Кабінет Міністрів України», «Про центральні органи виконавчої влади» та «Про державну службу».

Innovation can be defined as a change in technology—more simply stated, in the way government workers/civil servants/public administrators do their jobs—whether the technology relates to a process, computer hardware or software, or the human side of the government enterprise. Contemporary advances in technology facilitating the rapid spread of information have led to worldwide societal changes and improved productivity. After analyzing civil servants’ professional activities, values, and attitudes, and assessing their capacity for change, public sector organizations must adapt functions and strategies. This is a systemic, behavioral analysis of the innovation potential of Russian public administrators. Empirical data were collected using a survey of Russian civil servants of the Sverdlovsk region, an analysis of their job descriptions, expert interviews, and focus-group interviews. The objective of this analysis is to assess innovation potential of these civil servants and identify factors that facilitate or hinder innovation potential within the Russian government. From these factors, practical strategies for increasing the level of civil servants’ innovation potential are deduced and presented. Results of the analysis expand management theories included in public administration literature and curricula thus leading to improved management training or retraining processes.

Currently, the public administration system of Kazakhstan is undergoing profound changes, the success of which is largely based on the professional and personal qualities of civil servants. The effectiveness of reforms largely depends on the legal framework for regulating social relations in this area, which in the public administration system should affect both the interests of citizens and public structures, as well as civil servants. The status and powers of civil servants are enshrined in sectoral legislation, their activities are regulated by strategic policy documents in the field of public administration and in the areas of development of the country's economic sectors. Serving the interests of the State and society is accompanied by the voluntary acceptance of restrictions on off-duty behavior and obtaining additional income. The transformation of state approaches and the introduction of a "Listening State" policy places special demands on the ethical component of the activities of the state apparatus. The adopted Code of Ethics for Civil Servants of the Republic of Kazakhstan focuses specifically on the cultural and moral professional aspect, which is especially sensitive in the interaction of the state and society. In the article, the authors analyzed the content of the Ethical Code of Civil Servants of Kazakhstan. Based on the study of international experience in regulating ethical norms and standards among officials and civil servants, recommendations are proposed to address issues of improving the effectiveness of compliance with the Code of Ethics in government agencies of the Republic of Kazakhstan. The proposed measures relate to the substantive component of the normative act for the development of an organizational structure that could ensure its compliance. The importance of studying this issue is due to the determining importance of compliance with ethical standards in the state apparatus for the formation of a highly moral organizational culture among civil servants and ensuring the effectiveness of public administration reforms.

Unlike the traditional language of public administration, which emphasizes stability, rules, and responsiveness to the law, the new public management vocabulary accentuates change, decentralization, responsiveness to consumers, performance, and the need to earn rather than to spend. Borrowing from the world of private-sector management, the vocabulary of the new public management has so far shown a remarkable degree of consensus among the political leadership and opinion makers of various countries about the desired nature of change. Change is to be primarily organizational: its goal is to strengthen management capacity in government operations. New public management thus conjures up images of debureaucratization (Savoie, 1994, 187) and depoliticization. As Osborne and Gaebler (1992, 267) note, book is about governance, not politics. This article seeks to undermine the latter image by focussing on the implications of political executives' losing control over the implementation of their policy following managerial reforms put in place under NPM. Such loss, in turn, makes them hunger for more control over the bureaucracy. The striking outcome of this process is that the senior servants who are removed from policy making and thus supposed to be less political (i.e., less in the line of fire and more secure as a result), find their positions becoming more insecure due to the political executives' desire for more control. This outcome is best formulated as a paradox: Investing in the public administration's managerial capital (i.e., giving public managers more authority to manage programs) is most likely to result in political executives' disinventing in the public administration's political capital (i. e., giving ministers greater capacity for setting central directions and priorities and intervention in personnel matters) so as to resolve the problems of loss of control over policy implementation raised by the managerial rearms put in place under the new public management. The contradiction between reduced policy making of senior servants and enhanced policy control over them raises two hypotheses. First, the more authority and discretion public managers are given to manage programs, the less secure political executives want them to be. Second, making senior civil servants less secure is most likely to have the following systemic influence on the public administration. As ministers obtain a greater capacity for setting central directions and priorities, senior bureaucrats lose policy autonomy but gain a greater managerial element in their role. When an alternative (policy) advisory structure is set up, the role of senior officials contracts. These hypotheses are strongly supported by a comparative analysis of changes in senior officials' tenure security and protection from external competition in Australia, New Zealand, Canada, the United Kingdom, Austria, and Malta between 1980 and 1996. These countries present a range of governmental structures, cultural attributes, and management traditions. New Zealand, Malta, and the United Kingdom represent unitary states whereas Australia, Canada, and Austria feature a federal structure. The United Kingdom, Australia, New Zealand, and Canada are located within the Anglo tradition; public service in these countries operates on the principle of anonymity, secrecy, and political neutrality. Their very institutional structures work on the principle of elected political executives who are advised by the permanent civil servants and are responsible for policy implementation. Political executives maintain the professional and apolitical character of the civil service by avoiding actions that might fundamentally alter the relationship between political executives and bureaucrats. In the United Kingdom, Australia, and New Zealand, for example, ministers are limited in their choice of eligible civil servants. In Canada, however, the staff of ministers offices, like deputy ministers, senior public servants working at the head of public or quasi-public corporations, or the staff working in so-called administrative courts, are not governed by the principle of merit. …

Summary. Effective management is not possible without understanding the needs and motives of civil servants, and there is a need to properly use the incentive to work. In the current conditions in Ukraine at the current stage of development, the problem of motivating the personality of civil servants has become especially important, as solving the challenges facing society is possible only if the appropriate motivational principles are created that can motivate staff to civil service and effective activities. In public administration, motivation is a very complex and controversial process that differs from other areas of human activity, because civil servants are primarily people who manage other people. The main purpose of civil servants is based on solving the tasks of the state in ensuring the welfare of members of society, public interests based on the principles and provisions established by law: the Constitution, basic laws on these issues, other regulations. The effectiveness of the civil service depends on the quality of work of civil servants, which, first of all, depends on the behavior inherent in them. It is necessary to find out what motives drive a person, which stimulates him to perform activities, and which limit, and only then you need to develop a system of motivation that will form the vector that is necessary for the organization. Peculiarities of work motivation in public administration form a special interest, given the level of responsibility that falls on the shoulders of civil servants. The purpose of the study is to form guidelines for the development of the system of motivation of civil servants in Ukraine. The research used the method of theoretical generalization and concretization; analysis and synthesis – in order to study the state of the researched problems. The article defines the theoretical principles and system­forming principles of motivation in the civil service, analyzes the main stages of motivation of civil servants, describes the requirements for the motivation system in the civil service, identifies effective motivation factors in designing activities, analyzes a number of requirements for the system. basic approaches to the choice of motivation strategy of the civil service with justification for choosing the most effective at this stage of development. As a result of the research the purpose of the article is fulfilled. In particular, it is determined that the main reference point in the development of the motivational system should be the study and development of the personality of a civil servant. Specialists in the formation of the motivational system should study staff as individuals; to study the living conditions of the family of workers, the level of their material and social expectations; to determine the expediency and compliance of the employee with the position, workplace; the level of its competence, growth reserve; determine the level of social needs, especially of leaders; to make a socio­psychological portrait of a civil servant and assess the level of his professional suitability, creating the following questions: how the employee thinks about himself, how others think about him, who he really is. With the help of various methods of personnel evaluation, pecialists should help each person to understand himself, to determine life goals, his place in the civil service, to give a person the opportunity for self­realization and self­development.

Corruption not only hinders economic growth, but also undermines trust in public institutions, increases public spending and threatens the functioning of democracy. In addition to the financial damage, corruption in public administration has a serious social impact: it determines the trust of members of society in public governance and the civil service, it has a close impact on the fair and efficient use of public funds, and it affects the international image of the country. We aim to provide an overview of how corruption is present in public administration, how it differs from corruption in the private sector and how it can be intertwined with the public and private sectors. To identify methods to prevent corruption in public administration and to find out how public officials experience the functioning and effectiveness of these methods in practice.

The role of the chief scientist (CS), a key administrative position in various Israeli ministries, is to fund policy‐oriented research and support evidence‐based decision‐making. Has the CS's role promoted or constrained incorporation of scientific advice regarding climate change adaptation into governmental policy? Have administrative traditions affected the adaptation planning process in Israel? Analysis of documents and 26 in‐depth interviews with key stakeholders sheds light on the ongoing climate change adaptation policy formulation process. Our study reveals that the CS of the Ministry of Environmental Protection functions as a bridge at different interfaces and can be characterized as a boundary worker between institutions. The inherent independence of this position facilitates the CS's ability to initiate, foster, and prioritize complex issues such as adaptation. Our findings further suggest that the perception that Israel has already adapted, or will easily adapt, has negatively affected the adaptation process. 科学建议和行政传统：首席科学家在气候变化适应工作中的作用 首席科学家是以色列各部门的一个关键行政职务, 其具体作用是为政策性研究提供资金, 并支持循证决策。对于有关气候变化适应的科学建议, 首席科学家的作用是促进还是限制了其被纳入到政府政策中？行政传统是否影响了以色列的气候适应规划进程？通过文件分析及与关键利益相关者的26次深入访谈, 笔者揭示了正在进行的适应气候变化政策的制定过程。研究表明, 环保部门的首席科学家在不同的层面上起着桥梁作用, 在不同机构的分界线上工作以彼此连接。该职位的内在独立性能促进首席科学家在发起问题、培养和优先考虑包括适应气候等复杂问题的能力。研究进一步表明, 以色列已经适应了或即将轻易适应某些观点, 而这已经对气候适应过程产生了负面影响。 Asesoria cientifica y tradiciones administrativas: el papel que juegan los cientificos principales en la adaptacion al cambio climatico El papel que juegan los cientificos principales, un puesto administrativo clave en varios ministerios israelies, esta especificamente designado para el financiamiento de investigacion orientada hacia la politica y el apoyo a decisiones basadas en evidencia. ?El papel que juegan los cientificos principales ha promovido o limitado la incorporacion de asesoria cientifica en lo que concierne a la adaptacion al cambio climatico dentro de las politicas del gobierno? ?Las tradiciones administrativas han afectado el proceso de planeacion para la adaptacion en Israel? El analisis de los documentos en 26 entrevistas exhaustivas con partes afectadas clave ilustra el proceso de formulacion de las politicas de adaptacion al cambio climatico actual. Nuestro estudio revela que el Cientifico Principal del Ministerio de Proteccion Ambiental funciona como un puente para diferentes interfaces y puede ser caracterizado como un trabajador limitrofe entre las instituciones. La independencia inherente de esta posicion facilita la habilidad del cientifico principal para iniciar, fomentar y darle prioridad a complejos problemas como la adaptacion. Nuestros hallazgos sugieren que la percepcion de Israel ya se ha adaptado, o se adaptara facilmente, y ha afectado negativamente el proceso de adaptacion.

For a more “Government-Oriented” Approach to Training : the Civil Servant, Legal Expert or Public Administrator? The current legal training of civil servants fails to make adequate provisions for the teaching of law as it is actually practiced in everyday situations. Although they are the main actors in the formulation and implementation of public policy, civil servants are invariably left to fend for themselves in this field. The development of an alternative training programme hinges first and foremost on overcoming the opposition between legal expert and public administrator : the two dimensions are present in administrative practice at one and the same time. This distinction may be overcome if one regards the law as a readily available resource lying within the reach of both public and private actors in the policy-making process ; and if one designs rules, not with a view to their rigid enforcement but with a view to encouraging discussions between the parties concerned on the very subject of their application. Only then will it be possible to come up with alternative training guidelines. Rather than seeking to preserve the illusion of a black box or proposing even more technical skills and specialization, this training should prepare policymakers to improvise one solution after another in the field of public policy.

This article examines the fundamental reforms carried out in recent years in the field of public administration and public civil servants. In particular, the requirements of international documents discussed, such as the “International Code of Conduct for Civil Servants” and the international standard “Anti-Corruption Management System” on the formation of the moral character of civil servants, improving their moral and legal culture. At the same time, studying the practice of foreign countries (USA, Bulgaria, Argentina, Moldova, Russia, Kazakhstan), the issues of selection and appointment of potential civil servants to the civil service, public administration positions, their duties, the importance of observing the rules of etiquette are analyzed according to the Law “On the State Civil Service” and the “Model Rules of Etiquette for State Civil Servants”, in relation to the professional culture of civil servants, official activities and relations with the public, representatives of the media outside the service, as well as the appearance and style of dress in official activities, rules of etiquette. At the same time, the author put forward his conceptual views on a number of issues aimed at creating a highly professional culture of civil servants, increasing respect and trust in public service in the public mind, and refraining from actions that are contrary to the ethics of public service.

Excellent public services build on excellent civil servants who are both emotionally intelligent and engaged in their work. This article proposes a conceptual framework for a better understanding of the relationship between public employees and their complex workplaces. We focus on the engagement of civil servants, the role of managers’ and employees’ emotional intelligence, and on employees’ public service motivation (PSM) to provide better services to citizens. We develop three major propositions: (a) the positive effect of employees’ emotional intelligence on their engagement, (b) the moderating effect of managers’ emotional intelligence on the relationship between their employees’ emotional intelligence and engagement, and (c) the moderating effect of employees’ PSM on the relationship between public servants’ emotional intelligence and their engagement. Our conceptual framework may set the stage for future research on civil servants’ engagement and emotional intelligence and their aggregate impact on the quality of government actions and services.

Civil servants in Sweden are characterised above all by two things: so-called duality and their non-specific status. Their duality refers to the fact that the public administration is independent of the government. Non-specific status means that virtually no civil servants have a regulated status. The chapter is structured as follows. Section II explains the meaning of duality and the separate status of the government and the agencies. Section III provides an overview of the constitutional provisions governing the civil service. Section IV explores the differences between labour law regulation for civil servants and for private employees, as well as its implications. In Section V, the specific mechanisms aimed at ensuring that civil servants act in accordance with the law are introduced, and Section VI discusses the extent to which the fundamental rights in the Swedish constitution also apply to civil servants. In Section VII, issues currently under debate are highlighted; the chapter ends with some conclusions.

Bridging the Discipline and Practice of Public Administration in Philippine Governance: Concerns and Prospects of the National College of Public Administration and Governance