BONUS FOR CIVIL SERVANTS: CAN IT BE A REGULAR PAYMENT? (IN THE CONTEXT OF STATUTORY CONSOLIDATION OF “FILTERS”)
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 5
Abstract
The article analyses legal principles for the use of a bonus for public servants as well as raises the issue whether it can be considered as a regular means for stimulating effective, fruitful and competent official activity of civil servants. The author indicates that Ukraine has legislative consolidation that bonus is a structural element, which can be paid in the case of determination, of civil servant’s salary. Bonuses for civil servants are divided into two groups: according to the results of annual assessment of official activity and for special personal contribution of a civil servant to overall performance of the government authority. The paper substantiates the expediency of preservation of the legal principles of bonus use on the basis of the annual evaluation of the results of civil servants activity in case of excellent evaluation. It is proposed to consider this type of a possible bonus (once a year) as a kind of reward which is a reaction to the achievements of a servant in the professional official activity and motivation for the same activity in future. The similar practice is a widespread in most foreign countries, which is confirmed by the results of comparative legal analysis of rulemaking and law enforcement experience. It is proposed to modify the second type slightly by eliminating grounds for its regular payment, since there is a sense to fix bonus as a reaction to “excessive” official activity of a civil servant. The expediency of exemption of bonus from the salary structure and its inclusion in the list of incentive measures for civil servants with the distribution of legal standards for incentive proceedings is substantiated. Bonus cannot be considered as “reward” with a regular payment as according to the purpose it is a means for stimulating civil servant which is both reaction to “excessive focus” of his efforts in official activity for the achievement of particular results and encouragement of a civil servant to act in the same way in future. The article formulates specific proposals for the modification of legal principles of bonus use for civil servants in the modern domestic legislation including a positive foreign experience tested by time and practice in regulating the issue.
Authors and Affiliations
Т. О. Коломоєць
Keywords
Related Articles
- EP ID EP666752
- DOI -
- Views 46
- Downloads 0
TOPICAL ISSUES OF TAXATION OF THE DIGITAL ECONOMY
This article covers an issue of taxation of digital economy. The author justifies the state`s right to tax services provided by nonresidents to Ukrainian consumers via the internet. The article also provide some practica...
PROTECTION OF THE RIGHT TO HIGHER EDUCATION
In the study, we disclose the concept of the right to higher education and its protection. In the course of the study, we highlight the most important violations of the right to higher education in Ukraine and, through t...
FEATURES OF CRIMINAL PROCEDURAL DECISION MAKING IN JURY TRIAL
The article is devoted to the study of decision making in criminal procedure by jury. The author gives and analyzes the most characteristic features of the decision-making process in the jury trial.
SIGNIFICANCE OF THE PRINCIPLE OF THE AUTONOMY OF WILL IN A MARRIAGE CONTRACT
This article is devoted to the clarification of the concept and legal nature of the autonomy of the will of the parties as the fundamental principle of the collision regulation of property family relationships, which app...
PROVING IN ANCIENT JEWISH LAW
This article is devoted to the analysis of the legal regime, types and peculiarities of evidence in ancient Jewish law. Basing on the analysis of the fountainhead of ancient Jewish law the decision about its direct influ...