Preconditions of the reforming of the public authorities and the administrative-territorial structure of Ukraine: the practice of regional research

In article substantiates the prerequisites of local government reform by the example of the Kherson region. The identified issues that face today in the field of local self-government and administrative-territorial structure of Ukraine and ways of solutions at local and national levels. The results of Regional Studies, thematic meetings, training events conducted in context of discussing the reforming of local self-government and territorial organization of power in Ukraine. Conclusions are drawn and provided suggestions on the preparation of legislative initiatives that affirms principles of developing effective areas and capable of functioning government. Great care needs to develop modern territory management technologies and relevant leadership training village and town councils. Implementation of the reforms will lead to the development of self-sufficiency of local communities, resource support and consolidate strategic planning, improving the quality of social and other public services, reducing the outflow of population from rural areas.

At the present stage can be distinguished the appearance of many concrete initiatives from both the central public authorities, associations of local governments and individual politicians and scientists. New constitutional model of local government was proposed and discussed at the plenary session at June 2013 by the Constitutional Assembly in Section XI «Local government» of project of Conception of amending the Constitution of Ukraine. Can be determined the appearance of draft documents that contain: a conceptual vision of development of local government, realization of administrative-territorial reform, modern regional policy which meets European principles. At present discussions were held and public examination of the concept prepared by: the Cabinet of Ministers of Ukraine, the Association of Cities of Ukraine, Ukrainian Association of district and regional councils and others. Framework document «Main strategic directions of local government reform in Ukraine» was developed. Table of proposals was formed to it, considering materials of interested parties, including regional centers for training and retraining of employees of state agencies, local governments, state enterprises, institutions and organizations which were sent to the State Fund of Assistance to Local Self-Government in Ukraine materials.

Draft Decree of the President of Ukraine «About the Concept of reform of local self-government and territorial organization of power in Ukraine» was approved by the Government in April 8, 2013 and by the relevant decision of the Council of Regions proposed to organize discussion of draft among local communities and provide conducting of broad informational and explanatory work on the benefits of the reform of local government, clarifying its essence and main directions. At the end of discussion of the Concept in October, revised draft decree was sent to the Head of State by the Prime Minister of Ukraine.

Implementation of new conceptual foundations should bring Ukraine closer to the standards of local government, formulated in European Local Government Charter and in practice satisfy the needs of citizens.

In the Kherson region a working group was established and it’s functioning there, developed with the implementation of the state policy on local government and social and economic development. From April to June 2013 during the meetings of the regional council on cooperation of local authorities and local authorities of Kherson, thematic meetings of government representatives and the public and during visiting (sectorial) seminars the Concept of reforming of local government and territorial organization of power in Ukraine was discussed. Suggestions were made, summed up and sent to the Cabinet of Ministers of Ukraine and the State Fund of Assistance to Local Self-Government in Ukraine for further processing.

Administrative-territorial reform, in its turn, implies a change in legal basis of the organization and functioning of public authorities. Among the major purposes of reform should be defined optimization of existing administrative and territorial units, improving of quality of administrative, public, social and other services to citizens, and strengthening of local government on the principles of subsidiarity and ubiquity that meets the standards of the European Community.

Thus, in the course of realization of the project «Citizen participation and independent experts in planning and implementation of administrative reform in Ukraine» statistical information was collected, modeling of new communities was conducted and analytical conclusions were done concerning reforming in four target areas of Kherson region. These areas were selected for study during the consultation with the Kherson Regional State Administration in the context of realization of the Strategy of economic and social development of Kherson region till 2015.

By results of project implementation, conclusion was made that the changes in the administrative and territorial structure are urgent and require thorough preparation and processing.

In this aspect, Kherson regional center for retraining and advanced training of representatives of public authorities, local governments, state enterprises, institutions and organizations is actively involved in realization of the priority purposes of the Kherson region related to strategic planning of development of areas.

Anticorruption policy of the state: realities and prospects

In the article the questions of realization of anticorruption policy of the state are exposed on the modern stage and basic changes which were brought in in the anticorruption legislation of Ukraine are analysed. An author are examined innovations in the system of declaration the persons, authorized on implementation of functions of the state or local self-government, property state profits, charges and obligations of financial character; improvement of procedure of settlement of conflict ofinterests; expansion of guarantees is in relation to defence of persons that reported about violation of requirements of anticorruption legislation other person and input of the single departmental of civil servants and public servants of local self-government teaching on questions an anticorruption legislation. Among the last updates in ananticorruption legislative package key is a norm about publicity of the Only state register of persons that accomplished corruption offences; input of institute of the special confiscation to the post corruption crimes and criminal responsibility of legal entities for corruption offences, complicity of terrorism and dirty money laundering.

As it stated in the National Anti-Corruption Strategy for 2011 – 2015, corruption in Ukraine has been demonstrating signs of systemic phenomenon, which extends its negative impact on all spheres of public life, deeper rooted in daily life as the main, fastest and most effective means of managing illegal problems, achievement of definite purposes.

In 2011 adopted a package of anti-corruption documents in particular laws «About the principles of preventing and combating corruption in Ukraine», «About Amendments to Certain Legislative Acts of Ukraine concerning liability for corruption offenses». New legislation significantly expanded the range of potential subjects of corrupt activities and the list of corrupt actions, for which is provided criminal and administrative responsibility. Also significantly limited opportunities of the officers to use their position and holding the other dangerous corrupt activity.

September 1, 2011 by decree of the President of Ukraine was created National Anti-Corruption Committee as an consultative and advisory body to the President. The next step was the adoption of the National Anti-Corruption Strategy for 2011-2015.

Verkhovna Rada of Ukraine 14 May 2013 adopted the Law of Ukraine «About Amendments to Certain Legislative Acts of Ukraine on implementation of state anti-corruption policy», which came into force on June 9, 2013

Since the adoption of the Law of Ukraine «About Principles of Prevention and Combating Corruption» large-scale and systematic changes made to it for the first time, which necessitates a detailed analysis of them to form a common understanding and enforcement.

Determine the range of the most important, in our view, change:

– Improvement of the conceptual apparatus (Article 1);

– Changing of range of subjects responsibility for corruption (Article 4);

– Shorten the list of specially authorized subjects in the sphere of combating with corruption (Article 5);

– Concretization of anticorruption limitations (Articles 6-10);

– Improving the mechanism of conduction of special check (Article 11);

– Improvement of financial control (Article 12, Annex to the Act);

– Improvement of prevention and settlement of conflicts of interest (section 14);

– Introduction of anti-corruption expertise of normative and legal acts, separation of powers of anti-corruption expertise of draft legal acts (Article 15);

– Expansion of safeguards of individuals who provide assistance in preventing and combating corruption (Article 20);

– Unification of provisions for release of persons who were prosecuted for corruption offenses (Article 22).

Recent changes were made to the anti-corruption legislation in May 2013 by the Law of Ukraine «About Amendments to Certain Legislative Acts of Ukraine on implementation of the state anti-corruption policy» of 05.14.2013 № 224 – VII are those that solved a number of controversial issues concerning application of norms of anti-corruption legislation of Ukraine in conjunction with other regulatory acts».

It should be noted that at the national anti-corruption strategy for 2011-2015 among the main reasons for emergence and spread of corruption in Ukraine first reason is insufficient level of integrity of individuals authorized to perform the functions of state or local government. In connection with this, National State Service of Ukraine as the only state customer for training of civil servants and local government officials on issues of preventing and combating corruption in the public service and service in local government, has set itself the following objectives:

– Introduction of common standards for advanced training for these areas;

– The creation of a national network of trainers for advanced training in the field of anti-corruption legislation;

– Initiating of system of cascade trainings in this area;

– State control over the quality of education considering the needs of government and local authorities.

In order to implement of the system work with a broad explanation of the main provisions of the new anti-corruption legislation among the civil service and local government officials at the central level and in the regions National State Service of Ukraine initiated the adoption of the order by the Cabinet of Ministers of 06.07.2011 № 642-r «About the training of civil servants and local government officials on issues of prevention of corruption in public service and service in local government».

Active mechanisms of public administration social and legal protection of orphans and children deprived of parental care

The article presents the analysis of the existing mechanisms of public management of social and legal protection of children deprived of parental care in Ukraine. Determined the structure of bodies of state power and local self-government, which deal with problems of orphanhood. One of most problems in the field o defence of the children confined paternal caring, in opinion of author, certain notenough distribution of plenary powers is in the ramified structure of executive and local self-government bodies. Thus participation of the state will be realized only in form material support of scanty means families, or in the case when a situation in family comes already to privation of parents of their rights on children. It is therefore marked on a necessity to give more substantial levers of influence exactly for local authorities, because they directly work with families and children and at correct distribution of plenary powers, able to minimize the amount of children without paternal caring.

The legal mechanism of state management of social and legal protection of children without parental care is now represented by the main normative legal acts including: the Law of Ukraine «About Protection of Childhood», «About ensuring of organizational and legal conditions for social protection of children without parental care», «About bodies and services of children’s affair and special institutions for children», «About activities of bodies of guardianship and trusteeship related to the protection of Children’s Rights» [5] the Regulation about foster family, the Regulations on family-type orphanage and other legal regulations acts that form the institutional mechanism of public administration and define the powers of state authorities and local governments in the sphere of childhood, social protection of children without parental care. Thus, in accordance with article 5 of the Law of Ukraine «About protection of childhood», the Verkhovna Rada of Ukraine determines the state policy in the sphere of childhood as the only legislative body of the country.

Institutional state mechanism of participation of the President of Ukraine in this sphere is determined by the Constitution of Ukraine.

The program of government activities contains measures which are related to the social protection of children without parental care, and development of family forms of their maintenance. Annually the Cabinet of Ministers of Ukraine reports to the Verkhovna Rada of Ukraine about the state of the demographic situation in Ukraine, children’s situation and tendency to it’s changes in the course of implemented socio-economic transformation. According to the Decree of the President of Ukraine on December 9, 2010 № 1085/2010 «About optimization of the system of central executive bodies» reorganization of ministries and departments of Ukraine was conducted, including that are responsible for social protection of children without parental care. Questions concerning social protection of children mentioned category administered by certain state agencies: Ministry of Health of Ukraine, Ministry of Education and Science, Youth and Sports of Ukraine (before reorganization Ministry in matters of Family, Youth and Sports and Ministry of Education and Science of Ukraine ), Ministry of social Policy of Ukraine (before reorganization Ministry of Labor and Social Policy of Ukraine), Ministry of Internal Affairs of Ukraine and others.

Central executive body in the field of social protection is Ministry of Social Policy of Ukraine. The main tasks of Ministry is participation in formation and realization of state policy in the sphere of protection of orphaned children and providing through the system of subordinated to it bodies of realization of citizen’s right to social protection through timely and address provision of social support.

Since independence, in Ukraine were created services, institutions and deliberative bodies, whose main responsibility is to protect the rights of the child, service on children’s affair, department in the affairs of family and youth, centers of social services for families, children and youth. Nowadays special institutions for children and social formation are subordinated to various public authorities [9].

To the powers of guardianship authorities in this sphere, in accordance with article 11 of the Law of Ukraine «About the organizational and legal conditions for social protection of children without parental care» include: establishing the status of orphans or children deprived of parental care; provision of guardianship and trusteeship, using the other forms of placement of children without parental care; checking the conditions of their placement, retention, education, training and other functions provided by law.

By the Resolution of Cabinet of Ministers of Ukraine from 24.09.2008, № 866 approved the Provisions on the Commission concerning protection of Child’s Rights. The main task of the commission is to provide the realization of children’s rights to life, health, education, social security, family education and full development.

In the process of child rights protection should be called judicial authorities that deal with cases of adoption, cancellation of adoption, recognition of adoption invalid, termination of parental rights, separating the child, resolution of disputes concerning guardianship, custody and etc.

Thus, the mechanisms of state control of social and legal protection of children who, for whatever reason left without parental care are implemented by all branches of power in Ukraine: legislative, executive and judicial. In the sphere of functioning of the child care system during the last years have been positive changes aimed at building a clear vertical bodies of executive power in this sphere. However, despite the rather large range of public authorities, the powers of which include implementation of social protection of children without parental care, up to now leave a lot of unresolved issues, including the unclear division powers of executive authorities and local government.

Problems of the new legislation on civil service standards in the European Union

The article highlights particular regulations of the new Law «About state service» and problems of its introduction in the European Union standards context. An author concentrates attention on requirements to personality of civi lservant in implementation to them of direct duties, relation ships with colleagues, own behavior,cooperating with public organizations and MASS-MEDIA. Taking into account requirements to professional preparation and principles of selection of candidates on government service, it is marked on the necessity of input of clear standards in relation to education and in-plant training of state. In this connection grounded necessity of making alteration is to the current legislation in relation to ethic behavior, political not prejudice, language preparation, moral and official internalss of civil servants. Taking into account requirements to professional preparation and principles of selection of candidates on government service, specified on expediency of development and introduction of standard of preparation, retraining and in-plant training of civil servants. In turn it must answer the European standards and national necessities, to take into account front-rank home experience in this sphere it and comport with requirements and principles EU.

In the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine noted that «… on the agenda – further public administration of system reform, the transition to the model of the state oriented to serve the needs of citizens». But today, the government, in particular, public service is missing social capital, ie trust people.

According to official data, as of January 1, 2012 the status of civil servants in Ukraine had 268 000 104 persons. By the standards and in comparison with European countries, such number of public servants in our country is too high.

On November 17, 2011 the Verkhovna Rada of Ukraine adopted a new Law of Ukraine «About Civil Service» (hereinafter – the Law), which defines the principles, legal and organizational bases of public service, the conditions and procedure of realization by citizens the right to public service of Ukraine and public service – as professional activity of civil servants on preparation of proposals on formation of state policy, ensuring its implementation and provision of administrative services. In pursuance of the Law adopted and published a number of regulatory acts – resolutions of the Government, orders of the National Agency of Ukraine on Civil Service, a number of organizational and methodological measures for successful practical realization of the rules and provisions of the new law. Contest «The Best Civil Servant» carried out annually, established presidential personnel reserve «New elite of the nation».

There are certain European standards (requirements-values) for certain directions that are subject to annual evaluation of resource of public service. In this choice of eurointegration on the way to signing the Association Agreement with the EU, Ukraine is still has a lot to do in the sphere of public administration reform.

UNESCO has defined certain standards of international civil service, include:

1) the basic principles of: international (global) vision of problems; loyalty to the organization in which they work; compliance of fundamental human rights; independence from political groups; respect in relation to national and racial diversity and gender equality; tact, discretion and prudence in expressing their positions; honesty, tolerance, fairness;

2) working relationship;

3) relations with the countries – members and legislative;

4) media relations;

5) own behavior.

Taking into account the state of public service and the Ukrainian realities it’s possible to answer the question, what kind of civil servant our society need today and what requirements it must conform? In our view, the current civil servant must meet the following requirements:

1) does not break the law;

2) be a patriot of his country;

3) professional and on time carry out assigned responsibilities;

4) receive a decent wage,

Important role in the reform and establishment of a new, in its content and activity of civil service should play a training institution for civil servants.

The public service can and should have its own industry standard for the selection of candidates for the civil service, the conditions of its passing.

Analysis of national education area, shows that the term «standard of training, retraining and advanced training of civil servants» has actually implicit nature. However, there are a number of public legal documents, which recorded the most important rules and requirements that define and regulate some aspects of training of civil servants and CBOs. These include, for example, the Constitution of Ukraine, Laws of Ukraine «About Civil Service», «About Local Self-Government in Ukraine», «About Service in Local Government», «About Higher Education»; number of regulations and orders of the Cabinet of Ministers of Ukraine, including “Regulation on the system of training, retraining and advanced training of civil servants and local government officials» from July 07, 2010, «Some issues of training of managers and experts on control of executive power and local self-government» from November 17, 2010 About accolade of the Concept of reforming the system of civil servants, local government officials and local councilors on November 28, 2011, and some Ministry of Education of Ukraine and the Order of the National agency of Ukraine civil service.

Necessity of improvement of valid national legislation and implementation of EU standards in the practice of of public service – a matter of urgency and no alternative.

Public employment services: history and contemporaneity

This article analyzed the origins and development of public employment services, as well as its main task in today’s environment. It is defined that the public service employment of Ukraine is in system of executive authorities also provides realization of a state policy in the sphere of employment and labor migration. The law of Ukraine «About population employment» are analysed and it defines legal, economic and organizational bases of realization state policy in the sphere of the population’s employment, a state guarantee on protection of the citizens’ rights on work and realization their rights for social protection from unemployment. The legal status of Public service of employment is defined, in particular its main objectives, rights, duties, powers and responsible officials. The questions of the public service employment’s work are studied in relationship with employers, labor unions and local governments in the sphere of regulation of processes on a market of work and assistance in employment and ensuring social protection of the jobless population. Should be noted that the Public service of employment is the single government institution in Ukraine which gives full range of services on providing with their work, and to employers  on providing with labour on the principles of social insurance.

One of the main problems of vital activity of society in the new economic conditions is the problem of employment and job creation. To solve the problem in Ukraine the State Employment Service of Ukraine was created.

Its countdown the history of the State Employment Service of Ukraine starts from October 1915, when in Kiev in order to solute urgent problem of providing companies with new workers instead mobilized to the front opened Labor Office.

In matters of unemployment policy of the new Ukrainian Soviet Socialist Republic was based on the law of Soviet Russia about labor exchange on January 31, 1918. According to this exchanges moved into the jurisdiction of trade unions and were founded in the cities with a population of not less than 20 thousand.

Decree of the Central Executive Committee and the CPC on June 10, 1920 was approved Regulation about Allukrainian Committee for general labor (Ukrkomtrud).

In the early 30-ies of XX century was declared that socialism in the USSR won finally and irrevocably, it was announced about the elimination of unemployment in the country. In the Soviet Union in the period from 1930 to 1980 generally experienced relatively stable labor shortages. To monitor the process of redistribution of labor in 1943 was created Bureau of accounting and distribution of labor, which was later renamed the Bureau employment population.

Even during World War II in the public executive bodies of Ukrainian SSR began to operate labor reserves bodies. In February 1967 on the basis of liquidated Main Department of organizational set was created State Committee of Council of Ministers of Ukrainian SSR on use of human resources.

For ideological reasons the term «labor market» and «unemployment» to the end of the 1980s did not use. If we take the Soviet experience of recent decades when there was no mass forced labor, typical for the totalitarian period (farmers were allowed to have passports and seek employment outside of agriculture, and the number of employed prisoners reduced to a minimum), then it is possible to find items that are useful for today’s public policy.

First, the «right to work» was guaranteed by the Constitution of the USSR and the Labour Code. Secondly, regular, albeit under conditions of secrecy, the State Statistics Committee (CSO) developed reporting and USSR State Planning Committee – prognostic balances of labor resources from 1 to 5 years or more. One of the first market laws of our country – the Law of Ukraine «About Employment» was adopted in March 1991, six months before the new counting point of Ukrainian history.

On January 1, 2001 in Ukraine came into force extremely important Law for our state and the civil service of employment – «On compulsory state social insurance in case of unemployment». The Fund of compulsory state social insurance of Ukraine in case of unemployment was created; functions of Executive Directorate of the Fund assigned to public service of employment. Fund Management is carried out on a parity basis by the state, representatives of insured persons and employers.

Today in Ukraine on January 1, 2013 operates the Law «On Employment» (in the wording of July 5, 2012), which defines the legal, economic and organizational principles of state policy in the field of employment, state guarantees concerning protection of the rights of citizens to work and their rights to social protection against unemployment.

Decree of the President of Ukraine on January 16, 2013 on the basis of the State Employment Service established the State Employment Service, which operates today. The government passed a resolution providing for the establishment of 573 local Public Employment Service 27 major departments – Crimea, regions, Kyiv and Sevastopol; 546 offices – in districts, cities, districts in urban, intercity and interdistrict. Approved as limiting the number of employees – 15 th. 490 people.

Accepted Regulation of the State Employment Service of Ukraine approved by the Decree of the President of Ukraine on January 16, 2013 №19 / 2013. This regulation stipulates that the State Employment Service of Ukraine is part of the executive power and provides implementation of state policy in the field of employment and labor migration.

Over the years by the State Employment Service of Ukraine was established the system of social protection from unemployment insurance on the basis of, the social partnership system of human resources and skills development of employment services; developed and implemented modern information technology; created the material base for the provision of social services to the public and employers. Constantly improving the legal framework, expanding the forms and methods of information.

Law of Ukraine on the legal status of Parliamentary Commissioner for Human Rights

The article analyzes the legal status Ukraine Parliamentary Commissioner for Human Rights and its individual elements of the law of Ukraine. Namely, the rights, duties and activity guarantees of Ukraine Parliamentary Commissioner for Human Rights are revealed in the sphere of ensuring the equal rights and opportunities of women and men, and also information. The credentials of representative in the sphere of the legislation on refugees and the criminal and executive legislation of Ukraine are analysed. And in the branch of legal proceedings the credentials of ombudsman are explored. In a particular it is concern the appeal to courts with statements about protection of the rights, freedoms and interests of other persons, or the state and public interests and to take part in these affairs. The questions of Representative’s work are analyzed during the military and state of emergence. The questions about work of the representative by the criminal legislation of Ukraine and the legislation on administrative offenses are separate considered too. It is noted that the legislation of Ukraine rather in detail regulates questions of legal status of the Representative which is that important tool providing democratic principles in Ukraine and has a great meaning in the sphere of protection of human rights.

The legal basis of activity of the Commissioner in Ukraine is the Law of Ukraine «About Ombudsperson of Verkhovna Rada of Ukraine on Human Rights». According to article 4 of the Law, Commissioner is an officer whose status is determined by the Constitution of Ukraine, this Law, the Law of Ukraine “About Civil Service”, other laws of Ukraine.

The Commissioner is one of the bodies that are competent in the sphere of ​​equal rights and opportunities for women and men. In particular article 9 of the Law of Ukraine “On Equal Rights and Opportunities for Women and Men” indicates that the Commissioner: within the limits of control over the observance of the rights and freedoms of man and citizen monitors the observance of equal rights and opportunities for women and men; consider complaints in cases of discrimination on grounds of sex; covers issues of compliance with equal rights and opportunities for women and men at the annual report. At the same time, a person who believes  that with respect to her was applied discrimination based on sex or she became the object of sexual harassment, has the right to appeal to the Commissioner (article 22 of mentioned Law).

According to article 6 of the Law of Ukraine «About democratic civilian control over the military organization and law enforcement agencies» the Commissioner is subject of civilian control over the military organizations and law enforcement agencies. Also according to the article 11 of mentioned Law Commissioner monitors the observance of constitutional rights and freedoms of military personnel.

An important part of the Commissioner activity is the action associated with the information. Thus, part 2  of article 22 of the Law of Ukraine «About Personal Data Protection» indicates that the Commissioner according to the law exercises parliamentary control over compliance of human rights on data protection. And according to part 1 of article 17 of the Law of Ukraine «About Access to Public Information» he also performs parliamentary control over the observance of human rights of access to information.

No less important direction of activity of the Commissioner is to work with citizens. The Commissioner monitors the compliance of the legislation about appeals of citizens (article 28 of the Law of Ukraine «About Citizens’ Appeals»). The Law of Ukraine «About Refugees» (article 20) consolidated the regulation that the person who was granted refugee status, equally to the citizens of Ukraine has the right to apply for protection of their rights to the Commissioner. According to article 8 of the Criminal Execution Code of Ukraine prisoners have the right to appeal in accordance with legislation, with proposals, applications and complaints to the Commissioner.

The Code of Administrative Justice of Ukraine (part 1 article 60) establishes the regulation that in cases prescribed by the law, the Commissioner may appeal to the administrative court with administrative lawsuits to protect the rights, freedoms and interests of others and to participate in these proceedings. And according to part 1 article 45 of the Civil Procedural Code of Ukraine in cases established by law, the Commissioner may apply to the court for the protection of rights, freedoms and interests of others, or national or public interests and to participate in these proceedings.

According to article 92, 93 of the Law of Ukraine «About the Judicial System and Status of Judges» the Commissioner appoints one person by his order to The High Qualification Commission of Judges of Ukraine. Moreover, according to article 124 of this Act the Commissioner is entitled to be present at the Congress of Judges of Ukraine.

The Commissioner is the subject of right to constitutional petition to the Constitutional Court of Ukraine (article 40, 41 of the Law of Ukraine «About the Constitutional Court of Ukraine»).

The legislation provided provisions concerning guarantees of the Commissioner. In particular, in accordance with article 188-19 of the Code of Ukraine on Administrative Offences failure to comply legitimate demands of the Commissioner or creating obstacles in their work, or giving him false information as well as non-adherence established by the legislation terms of providing information to the Commissioner – entails imposition of a fine on officials from ten to twenty-five free minimum incomes. The Criminal Code of Ukraine suggests that crimes are recognized: attempt on the life of the Commissioner (article 112), unlawful influence on him in any form (article 344), and the threat of murder, personal injury, loss or damage to property, as well as kidnapping or imprisonment for Commissioner (article 346).

Practical aspects of cooperation of executive power with MASS-MEDIA in the implementation of reform in the social sphere

The article presents the analysis of the executive authorities practical activity concerning the media support of the reforms in the social sphere. The main forms of media and executive authorities’ interaction are determined. There is a brief content analysis of publications in the print media, TV, radio and Internet resources concerning the reforms in social sphere. The political factor of the media activity and its influence are classified.The problems of interaction between the authorities and the media in recent years are also listed. The article gives definitions of the media convergence process, particularly concerning the present realities. The author suggests different methods to organize media support of the reforms in the social sector at the regional and local levels: general information campaign (great number of guidance materials); informational projects (diverse activities which help to explain the changes and innovations, visual demonstration of a certain type of social support);small groups method (involving experts from among the employees of the social sector and the representatives of civil society). The usage of the proposed methods of the authorities and media interaction would cover all stages of the implementation of reforms in the social sphere.

The purpose of information interaction of authorities and the media during the implementation of reforms at the local level in the social sphere is to provide interested parties, target groups of population and associations of citizens with necessary information about the content and objectives of specific reforms with reflection of its possible positive and negative effects.

The Law of Ukraine «On the order of Coverage of Activities of state authorities and local self-government in Ukraine by the media» identifies specific mechanism of coverage of executive power through the media.

On the basis of aforementioned mechanism of interaction of authorities and the media during the last years in the region builds informational accompaniment of all reforms which are realized at the regional level. The content analysis of publications in print media, TV, radio and Internet resources indicates on considerable criticality of materials (40%).

Named the reasons of critical orientation of materials apart from the general attraction of readership to critical materials.

Information component in the process of reform is linked with the political component. Namely, as negative and positive perceptions of citizens and interested parties of changes and innovations can be projected to the level of support of political parties and socio-political movements. There is a significant political factor in the interaction of media and government.

The authorities and the media interact not only in information and political, but also in economic and social spheres. On the other hand, the authorities and the media strive for unity because of the need for self-organization and self- development. Their constituent subsystems able to respond to changes in the environment, thus transforming themselves and modernize the entire system. At present, due to the transformation processes in governance and realization in different spheres of reform in the system of interaction between government agencies and the media in recent years, appears new problems:

– The transfer of information from subjects of decision making to all consumers’ of information and specific interest groups of citizens;

– Provide feedback for possible adjustment decisions, actions and activities;

– Justification of socio-economic and socio-political necessity of imposed changes.

To work effectively with the media requires a clear understanding of the basic characteristics of the media space in the region.

Thus, for today in the region, in the author’s opinion, is the process of media convergence of media. It is about convergence in understanding the union of all types of digital information and media content in the telecommunication, computer networks and media that are integrated.

Technological media convergence provides that based on a single technology platform access is carried out to previously disconnected television, radio, newspaper and magazine materials, computer games, video and audio materials. Multi function of convergent carriers provides an opportunity to consumers to receive all the media with “one screen”.

On the other hand, media convergence is defined as the fusion of information and communication technologies, which allow different technological carriers – cable or telephone networks, satellite communications – almost immediately and continuously deliver information to the user or consumer. Also, this concept is understood as a fusion of markets, since the development of modern media takes place with considering of aspect to the increasing integration with telecommunications sector, effectively creating a new communication model, and as a result – a new transnational community of individuals.

To work with the information support of reforms in the social sphere at regional and local levels, executive authorities in the region is expedient to use the following methods: conducting of general informational campaign, the implementation of information projects, method of small groups

The method of small groups provides for involving of small group of experts from among the employees of the establishments of social sphere and certain institutions of civil society. In this way, citizens are given an explanation for the introduction or termination of a certain type of social assistance and in cases of introduction of fundamentally new type of social assistance, for obtaining of which it is necessary to implement a number of organizational and administrative actions. It is also advisable to use the method of small groups in case of need to explain the expediency of reformatting of existing assistance in other. To post such information specialized publications are used with reference to which such information is spread to regional and local broadcasting, print media of district and city levels. In this case, it is advisable to use point social advertising for the formation of general public perception about reform.

Improvement of forms and methods of informative work of authorities of the Chernihiv area with a population, his public associations

The article analyzes the information component in the relations of the state power and the public and its impact on the transparency of executive power as an important factor in the development of public trust in the regional level government institutes. Paid attention to providing of realization of constitutional rights for citizens on legitimate access to information about the executive branch of power and local self-government in informative space. For this purpose the proper terms are created for free and unimpeded activity of subjects of informative relations, maximal satisfaction of informative necessities of population of area and defence of him constitutional rights on information. Activity of executive branches of power heads for development and improvement of local informative infrastructure. In particular, priority directions are introduction of digital teleradio broadcasting and stimulation of publishing activity. Among the substantial problems of modern informative industry absence of conception of reformation of the state and communal printedmass medias is certain at state level, insufficiency of their financing and material providing that in no way assists transformation of MASS-MEDIA on social partners for administrative structures.

To achieve the highest possible level of confidence in the government of society, including at the regional level should be constantly updating information forms and methods of work with the public associations established to protect the rights and interests of certain categories of people. Only objectively informed public can become an ally of the government in the course of even a very popular reforms imperative to Ukraine as a democratic state at the present stage of development. Otherwise Ukrainian society will continue escalating social discontent the authorities.

To ensure the realization of the constitutional rights of citizens and their legitimate access to information about the executive branch and local government in the information space of Chernihiv region created the proper conditions for a free and unimpeded activities of information relations, maximum information needs of regional population and protect his constitutional rights to information. Available constructive cooperation between the government, the media and the public, provides transparency in government activities.

Following the experience of European countries, the Ukrainian government guarantees the existence of public and private broadcasting. This is evidenced by regional practice.

The introduction of digital broadcasting – one of the priorities of the executive.

Among subjects in the field of publishing is dominated publishing enterprises, institutions and organizations of different ownership. Overall in Chernihiv operate more than 60 printing enterprises of different ownership.

The founders of the print media are: government agencies, local government – 28 editions individuals – 19 editions businesses – 18 editions schools – 9 editions, NGOs – 5 editions, religious organizations – 4th edition, political parties – 1 edition, labor groups – 4 editions, others – 2.

Using the experience of neighboring Gomel and Bryansk regions, regional newspapers switched to color printing. There is already a majority.

The state does have a form such an information infrastructure that would provide information and communication services to business markets, government institutions and all segments of the population.

In Ukraine, due to the uncertainty concept to reform the state and community print media at the national level and corresponding rejection of bills process of reforming public media stopped. Although the purpose of the adoption of this law is fully ensure the right of citizens to information, in particular, the right to a full, objective and reliable information about government activities.

In general, not all editions of newspapers communal area is ready for reform and are interested in it.

Executive authorities are taking measures to develop and improve local infrastructure.

Executive bodies are constantly being facilitated coverage of state and municipal media official point of view of senior government officials and the position of local authorities on the implementation of domestic and foreign policy.

An effective mechanism to realize the constitutional rights of citizens to participate in public affairs, free access to information about the activities of the executive branch, as well as the requirements of modern information society, is the official website of Chernihiv Oblast State Administration.

According to the Law of Ukraine «About Access to Public Information» it operates heading «Access to Public Information», which is to clarify the procedure for access to public information held by the Chernihiv Oblast State Administration, provides sample design information requests placed draft decisions regional Council.

In recent years, Ukraine formed concept of Human Development Ukraine for the period till 2020.

Its implementation is not possible without the active participation of the media. This was repeatedly stressed in the draft. However, in our opinion, it does not specify participatory media in this work. In particular, encourage the media to such activities and media availability for all segments of the population of Ukraine.

It should be noted also on problematic issues of information industry, the resolution of which will contribute to the equalization of relations between the Government and the public in public administration at the regional level.

These, in our opinion, are:

– Lack of funds in the state administration, regional state administrations to hold equity municipal newspapers, where they are co-founders, as well as to pay for coverage of executive power in the media;

– Lack of clear financial commitment of executive power in the founding treaties, agreements for coverage of State Administration, district administrations in the media;

– Unjustifiably undervalued financial support public media in local budgets;

– Permanent reduction of wire broadcasting network without adequate rehabilitation or replacement of other sources of information;

– Lack of financial and economic resources to ensure the proper development of the sales distribution network;

– Obsolete computer equipment, office equipment, Digital Photography, editorial transport in regional newspapers;

– A small number of its own website editor’s regional newspapers;

– Irregular update information even on websites district administrations due to the lack of specialists in computer technology.

Having a developed information space on the territory of the region, compressed vice insufficient funding it as part of a current media legislation of Ukraine, the executive branch, local governments are not able to fully convert the media in their social partner.

Part of the government to the media demands that existing information legislation Ukraine does not allow.

So unconsciously is leveled information component in relations of power and the public in public administration. This creates an objective problem in forming the public trust in government.

Government state level should always comply with the laws of Ukraine, which regulate the relations between the authorities and the media, with the need to deliberate dissemination of information about their activities to specific social groups.

Comparative analysis of current and new laws of Ukraine «About Public Service»: advantages and shortcomings

The article presents a comparative legal analysis of current and new laws of Ukraine «About Public Service» and reveals shortcomings and positive sites of the labor relations of public servants. Substantial expansion of sphere of action of new law is marked, his orientation not only on implementation of tasksand functions of the state but also preparation of suggestions public servants in relation to forming of public policy, her realization and grant of administrative services. An author pays attention to norms of new law in relation to reduction of political influences on government service, question in relation to disciplinary and property responsibility of public servants and obligatory realization of official investigation on his requirement with the aim of meeting the groundless charges or suspicions. To the lacks of this law taken the complicated classification of positions, incomprehensible approach in relation to the grades of public servants and leading out of the legal adjusting of government service from under the actions of labour legislation. In opinion of author, labour relations of public servants after the legal nature are the variety of labour relations of wage labour, and that is why must beregulated exceptionally by norms of labour law.

On November 17, 2011 the new Law of Ukraine «About Civil Service» was adopted, which provides for changing the legal regulation of civil service in Ukraine.. With the adoption of this law raised the question branch belonging of labor relations of civil servants to labor or administrative law. So now there was a question of legal regulation of civil service in Ukraine and its reform. Specified questions deeply researched in the national legal literature. This problem is devoted to the works of V.S. Venediktova, V.V. Zhernakova, M.I. Inshyna, P.D. Pylypenko, A.I. Protsevskyi and other lawyers. However, despite the considerable amount of work on this subject, this problem is still relevant today and requires further study. The purpose of this article is analysis of the current and the new law «About Civil Service», identify drawbacks and positive aspects in the implementation of reforming of the civil service in Ukraine.

Representatives of science of labor law rightly believe that the labor relations of civil servants, in particular, of their employment (service), transfer, dismissal, working hours, wages should be included to the subject of labor law. By its legal nature, the employment relationship of civil servants though are labor relations of wage labor, but have their own specifics, due to the peculiarities of their professional activities related to the functions of the state. Because of this, to civil servants rely higher demands and to set them additional guarantees and benefits.

Comparative analysis of the current and the new law “On State Service” showed that the new law contains a conceptually different approach concerning legal regulation of labor relations of public servants. Thus, scope of activity of the new law, significantly different from the current Law «On State Service». The new law regulates relations arising in connection with the entry into the civil service, its passage and termination, shall determine the legal status of civil servant. Reflected in the legislative definition of civil service appointment, which previously covered only the tasks and functions of the state, now accented on civil servants preparing proposals concerning the formation of state policy, ensuring its implementation and administrative services. Now according to the law civil service is perceived not as a purely auxiliary state institution through which public authorities functioning – but above all as a mechanism for ensuring the rights and freedoms of the individual, collective public interest.

Scope of activity of the current law spreads on public relations which cover the activities of the state concerning creation of legal, institutional, economic and social conditions of the citizens of Ukraine realization of the right to civil service.

Some rules of the new law aimed at weakening the political influence on public service. In particular, this will facilitate the introduction of a separate post of the Head of civil service in body or apparatus as senior civil servant. This head is endowed with a wide scope of powers of the competition, appointing to civil service, dismissing from civil service, assignment of ranks, increasing of professional competency, promotion and attraction of civil servants to disciplinary liability.

Effective novel of this law is the exclusion from the civil service of positions of support staff of government bodies, employees of state enterprises, institutions and organizations. In the new law is detailed the regulation of many aspects of public service, namely: procedure of competitive selection for the positions; making of entry, passing, dismissal from service; testing when appointing; order of transfer and secondment of civil servants; organization of service activity and it’s assessment; grounds and procedure of termination from service, bringing servants to justice; conduction of the personal file of servants; order of transferring of cases and property to servants during the liberation from service, etc.

To the negative novels of this law should be attributed complicated classification of civil service. Contradictory novel of this Law is the redistribution of positions to groups and subgroups. Incomprehensible is an approach to the ranks of civil servants who are according to the Law provided for nine.

The new law reveals issues of disciplinary and property responsibility of civil servant. The grounds for bringing civil servant to disciplinary responsibility is committing by him disciplinary offense. In the current Law of Ukraine “On State Service” features of disciplinary responsibility of civil servants are defined. To servants except disciplinary penalties stipulated by the current labor legislation of Ukraine, may be applied following measures of disciplinary influence: warning about incomplete official conformity; delay for one year of awarding of the next rank or appointment to a higher position.

Feature of disciplinary responsibility of civil servants is that in the new law established the following legal category as the definition of discipline, duty and types of disciplinary penalties that are differentiated considering the degree of guilt, which is also a positive aspect.

The new law provides for the right of civil servants to appeal to specially authorized central executive body on the questions of Civil Service on illegal actions of head of state authorities.

The positive is the fact that the new law contains a norm on compulsory conducting of Official Investigations at the request of civil servant to refute unjustified, in his opinion, accusations or suspicions.

It should be noted that positive character of significant novels of the new Law of Ukraine «About Civil Service» contains a number of material weaknesses that raise doubts on its ability to provide quality reform of the civil service. However, attempts of the legislator to bring legal regulation of Civil Service from the application of labor law will not lead to positive results and is not entirely legitimate. As the labor relations of civil servants by its legal nature is a kind of labor relations of wage labor. Therefore, their proper legal regulation is possible only with norms of labor law.

Culturological regionics in the social work

This article is intended to examine the problems of correlation of the culture and society, socialization and enculturation, the art and social activity, especially in spheres of everyday life, leisure, education, upbringing, public relations. Social and cultural functions of design, fashion, advertising, contemporary mass media and media-space as a whole are also considered. The main content of the article is immediately connected with the problems of the philosophy of ethnoculturology with Chernihiv and Sivershchyna culturological regional studies which are investigated in different articles and monographies of the author. It envisages the analysis of correlation of culture and society, socialization and enculturation, art and social activity, especially in the spheres of labour, management, way of life, leisure, education, public relations. The sociocultural functions of design, fashion, advertisement, modern MASS-MEDIA and media space are also examined. On the whole, in opinion of author, culturological regionics gives an opportunity to the development workers to adapt oneself to the local terms of everyday life of people, use spiritual acquisitions of edge in sociocultural work with a population. Knowledge of regional features of ethnic mentality, traditions, customs, ceremonies of certain locality helps in organization of labour and rest, way of life and leisure, social relations and co-operating with separate macro- and by micro groups subcultural and by marginal associations.

The scientific and world outlook preparation of employees of public and social services requires not only narrow professional quality education, but also knowledge of modern humanities in general. Even more important is the intersection of contemporary discourse of theory and practice of social work with some philosophical sciences which forms trans discourse worldview, value orientation, vital position of specialists in management, law, public administration. Particularly important for state and social workers become cultural studies, ethics, aesthetics, which provide enculturation of employees, integration of social-humanitarian knowledge with socio-cultural context, spiritual and moral, artistic and aesthetic values of society. It is important to form spiritual and ideological foundations of professional and social activities of civil servants, set them to high social activity on informed choice of humanitarian and civic life positions including on the basis of culturological regionics.

In particular, the culturalogical measurements of social work reveal the spiritual principles of Ukrainian mentality and outlook, which are essential for social and cultural activities of the state and social services among different segments of the population of Ukraine and the region.

Definite scientific direction has copyright nature and based, first of all on publishing of author’s regionics, developed by him special course and materials, conducted theoretical conferences, in particular on problems of philosophy ethnic culture.

As methodological and contextual filling of the proposed problem of labor, used works of famous Ukrainian philosophers and culturologists on problems of sociology, of culture, ethnomentality, image, public relations, culture Ukrainian diaspora.

Studies of Russian culturologists and leading Polish researchers of sociology and cultural universalism are taking into account.

The article aims at disclosing of the author’s conception of cultural regionics and contains proposal of integrated, interdisciplinary approach to the problem, which lies at trans discursive intersection of theory and practice of social work, jurisprudence, philosophy and sociology of culture, ethnocultural, cultural regionics, ethics, aesthetics, theory of aesthetic education, aesthete therapy and art therapy.

The study of cultural dimensions of social work involves consideration the ratio of culture and society, socialization and inculturation, art and social activity, especially in the areas of labor, management, welfare, leisure, education, upbringing, public relations. Considered also socio-cultural features of design, fashion, advertising, media and modern media market as a whole. In addition, a new cultural trend is directly related with the problems of philosophy ethnic culture, with Chernigov-Seversky culturological regionics.

Regionics can be defined as a complex of teachings about regional dimension of human existence. Search horizon of regionics stretching from natural landscape and socio-historical to modern economic and cultural conditions of life of people in sub-ethnic level in a particular region. For Ukraine, for example, the division into regions caused as geographically (landscape character of areas) as historically (ancient resettlement of tribes and tribal alliances in the process of ethnogenesis) and administratively (process of «state building»).

Important role in regionalization of ethnic and cultural existence play frontier relations, nature of cross-border relations with close neighbors (for Ukraine – Russia, Belarus, Poland, Slovakia, Hungary, Romania, Turkey). On the other hand, despite the subcultural diversity in Ukraine as «country of the former suburbs», Ukrainian people combines united culturality, development of ethno mentality, language, folklore, traditions, «catholicity» multi-ethnic, polyethnic existence.

Ukrainian culture is sometimes even called «cruising», bearing in mind its geo-cultural and historical movement between East and West, the Slavic and Turkic elements. Culturality and development of ethnomentality in Ukraine imbued with a huge array of values of many world cultures: Scythian and Sarmatian, Muslim, Jewish, Ancient, Byzantine, West European, Polish, Russian.

Regionics in ethnological, historical, and economic dimensions must reveal sub-ethnic uniqueness and originality of social life in the region, particularly its involvement in the establishment and development of a unified state nation. In the cultural aspects regionics can be represented as a kind of «culturegraphy» of region with its specific «spiritual metaphysics» and «spiritual ethnography». In these dimensions regionics becomes an integral part of ethnocultural or «culturological regionics».

Theoretical knowledge, practical and educational use of cultural regionics give the opportunity to include socio-cultural influences in the context of «small homeland», metaphysics of culture of native land, fill the form and content of social work by regional cultural wealth of historical and cultural sights.

Culturological regionics allows to social workers adapt to local conditions of everyday life, use the spiritual heritage of the land in the socio-cultural work with population. In addition, knowledge of regional features of ethnomentality, traditions, mores, ceremonies of certain areas helps in organization of work and rest, life and leisure, social relationships and interactions with individual macro and microgroups, subcultural and marginal communities.

Culturological regionics aimed at integrating of philosophical, cultural, ethical and aesthetic knowledge with theory and practice of social work, management of socio-cultural activities, legal protection of population. One of the major objectives of this scientific direction is the justification reciprocity of cultural dimensions of social work with legal consciousness and civil position of people, unity of spiritual health and healthy social and active lifestyle, forming the love to Chernihiv-Sivershchyna – our «small homeland».