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
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