Problem questions of introduction of new legislation about government service and changes to the anticorruption legislation of Ukraine from the point of view of inter disciplinary approach and institutional economic theory

The article identified some problems implementing the new civil service legislation and amendments to the anti-corruption legislation of Ukraine in terms of interdisciplinary scientific approach and recent developments representatives of institutional economic theory. Paying attention to problem of construction in Ukraine of the «effective state», that would serve interests of citizens, authors establish the necessity of overcoming ofbureaucratism that grew into the hard all-sufficient mechanism of power and stands above a law and freedom of members of society. Thus the basic problem of introduction of new legislation about government service in opinion of researchers is uncompletion of forming process in Ukraine of European rational bureaucracy of Weber type, instead of what in the model of home government service works of technologies of «realistic» model of end of ХХ  of beginning of ХХІ century are inculcated absence of priority of institutional changes became another miscalculation in the process of reformation of the state, as their development would mean making of proof rules of playing political, economic, social sphere and mechanism, that provide their implementation.

The significance of discussion on implementation issues of a new legislation on civil service and amendments to the anti-corruption legislation Ukraine is difficult to overestimate. All states and nations seeking to maintain or achieve a worthy place in the mainstream of development of modern civilization are forced to make versatile efforts to improve public administration institutions. This improvement is directly related to the reform of executive power, because it is the most important branch from a purely practical point of view – from the standpoint of organization of interrelation between human and state, organization of public administration, the role in organization and ensuring regulation of social relations and public order in general. Primarily this process relates to civil service reform, because certain people who are at public service, represent a particular state.

Today is actively discussed introduction of legislation on civil service and amendments to the anti-corruption legislation of Ukraine, which causes a huge number of publications of scientists and managers practitioners.

A close acquaintance with the contents of these publications showed the presence of a number of problems insufficiently covered, including: lack of development of interdisciplinary scientific researches, phenomena and processes of problematic mentioned above. Examined from this angle problematic issues of implementation of the new legislation on civil service and amendments to the anti-corruption legislation of Ukraine attracted the particular attention of authors to the achievements of modern institutional economic theory within which developed new agenda for modern social sciences in general.

Today, the state plays a key role in establishing of effective institutions and socially necessary order of power. Factor which determines effectiveness of state authorities is that of state agents have appropriate motivation to its effective realization. The problem of creating of effective government is particularly acute in the post-Soviet states in transition, which in a certain sense is no more than an ineffective system of government.

At the beginning of reforms in countries of Eastern Europe and the former Soviet Union, their main focus was to reduce the role of government in the economy. Liberalization and privatization strategy had intended to change the interaction of state institutions with private companies in the direction of transition from administrative-command methods of economic management to market mechanisms. Herewith much less attention was paid to back side of this relationship – influence of business on power. In countries with transition economy, which include Ukraine this process changes the pace and direction of economic and political reforms, quality and efficiency of public administration.

Modern Ukrainian see social evil of relationship not in the bureaucracy, but in the growth of government bureaucracy, which leads to confusion in the servicing of economy, security, social sphere, limitation of rights and freedoms of citizens, substitution of private initiative with pervasive state control.

A certain level of bureaucratization of public administration will always exist, so completely overcome the corruption in this sphere is impossible in principle. One way of reduction of their number is gradual elimination of bureaucracy in administrative apparatus.

Public service is a key link in the system of public administration. Since the vast majority of economic and social reforms carried out by civil servants, reform of the civil service initiated. Proposed a new approach to public service that meets European standards of public management and brings the state to the status of institution that caters the citizens, namely makes it’s not an instrument of coercion but a service state for people where officials provide quality services, relying on taxpayers’ money, but not a bribe.

Public service is a key element in public administration. Since the vast majority of economic and social reforms carried out by civil servants, and introduced the reform of the civil service. Proposed a new approach to public service that meets European standards of public management and closer to the status of a state institution that serves the citizens, that makes it not an instrument of coercion, and service state for people, where officials provide quality services, relying on taxpayers’ money, rather than bribes.

The purpose of the new Law of Ukraine «About State Service» is to improve the legal regulation of public service in line with European principles of good governance. The main problem of implementation of the new legislation on civil service is the fact that without completing the process of forming of European rational bureaucracy of Weber type, we are forced to bring in our model of public service technology developments of «realistic» models of the end of XX – beginning of XXI century..

Moreover comprehensive analysis of civil service reform is impossible without combination of political, legal, economic, philosophical, sociological approaches, namely requires a multidisciplinary approach. The scale of such studies in the sphere of public administration in general and administrative reforms in particular clearly insufficient and do not correspond to importance of the tasks.

In general, studies of state, statehood (especially as conceptual and institutional forms for the organization and exercise of imperious possibilities), political institutions and processes objectively requires not only specialized but also interdisciplinary approach.

Recently in Ukraine was made a lot against corruption. Not only adoption of anti-corruption law and a number of other legislative acts of anti-corruption direction, but found themselves behind bars many high officials. However, noisy, resonant cases concerning corruption – it just surface of Ukrainian anti-corruption iceberg that is known to be much less than underwater.

As a result, it should be noted that the real situation and effectiveness as reforming of the civil service as fighting the corruption does not satisfy neither high state officials nor overwhelming mass of citizens. But of course, specified questions that actually never left the agenda for two decades of independent statebuilding and began to acquire almost ritual-scholastic character moved into the real area, which greatly activated the expert scientific opinion.

Domestic forms of education of children-orphans and children, deprived paternal anxiety. Receiving family

In the article advantages of domestic forms are grounded in arranging and education of children-orphans and the children confined paternal caring. An author proves that the pupils of boarding-schools, without regard to the got complex of educational, medical and social services, have substantial lag after the level of socialization, by the state of health by development of intellect and personality on the whole. Priorities and programs of public policy are analysed in relation to support of receiving families and child’s houses of domestic type, activity of centers of social services for family, children and young people from a selection and studies of candidates in receiving parents and parents-educators. The special accent is done on the protection of property and housing rights for a child, that are the mortgage of her arranging after an exit from receiving family. Examining the problems of input of institute of receiving family in Ukraine as alternatives to boarding-schools, an author establishes the necessity of making alteration to the corresponding legislation, procedures of arranging of children-orphans are in family and providing of such psychological pedagogical accompaniment that would form in them positive experience of residence in family.

Today in Ukraine in terms of economic crisis, political and social instability raises the problem regarding the need of developing new forms of retention and education children who are in especially difficult and uncomfortable conditions. First of all it concerns orphaned children and children without parental care.

Learning the problems of placing these children proved that family education is priority form in Ukraine. So the purpose of the study is the definition of innovative methods of care of orphaned children and children without parental care.

In the last ten years in our country doubled the number of such children. Most of them arranged in residential institutions. Students of residential institutions are different from children raised in families by health, development of intelligence and personality in general.

Child in state institutions receives a set of educational, health, social services, but there are significant deviations in the process of socialization, which occur in the absence of skills independent living, inability to build their relationships in the family and in the team.

The role of the family for a child is very important. Parents give children life, responsible for care and education, take on the financial responsibility, have legal powers, including the right to make important decisions on behalf of children, help to feel warm and mutual love, convey the experience of generations, teach social skills and domestic.

Therefore, children should grow up in families with own parents, but when this is not possible, alternative to biological family can be another family. Family form of placements provide social protection, protection of property and housing rights of child, care, education, correction and compensation of development, solving of medical problems, overcoming psychological traumas, satisfaction of daily needs of child who was left without parental care, formation of his personality.

In Ukraine started work on the creation of institute of foster family since 1997. Staying of child in foster family not only financed by the state but also controls the maintenance and education of child, provides assistance in development, socialization, organizes social support of family and child.

The primary task of the state today – placing the fate of orphaned children and children without parental care. The first time they were really defended by national program «Children of Ukraine», and then – wave of events and other government programs aimed at solving the problems of child abandonment in Ukraine.

By the beginning of 90s in Ukraine there were only two forms of education of orphans and children without parental care: adoption and guardianship. Today added two more: foster families and children family type homes that are fundamentally different. Adopters – people who take in their family children who are not born by them, and they acquire status of their biological children. Foster family – a family that takes children on upbringing not giving them the status of biological and which is supported by the state such that performs a public function in relation to the child.

The latest data concerning realization of state program of reforming the system of care suggest growing interest in new forms of placement of children – orphans. The incentive for the development of this system – activation of the state program of financing foster families in 2006.

Experience of the European countries who have long been abandoned the boarding school system, proves that negative phenomena in the educational process of the younger generation can be prevented. It’s necessary to reinforce state support for families with children and invest funds in development, socialization of children who need special attention. Should promptly identify and prevent critical situations, provide to disadvantaged families comprehensive professional social assistance.

Priority directions of state policy is to establish alternative forms of care, legislative changes to state support of family care.

One of the priorities of implementation of social support from the first days of placement of child in the family should be protection of property and housing rights.

To create legal grounds for retaining of housing and property belonging to child much easier when biological parents, grandparents are alive, when dwelling is not sold, and it’s in a suitable condition for living and etc.

As practice shows the more time children are in foster care/children’s homes of family type, the more there questions, solution of which requires assistance from the executive bodies. So today need to be solved following problems: improving work with families whose children are in establishments of state retention in order to return them to the biological family – establishing a data bank of potential adoptive parents; improving the system of mutual selection of child and adoptive parents/caregiver parents, psychological training as foster as well as own children, with a focus on searching of families for children, but not vice versa etc.

Increasing tendency of transferring children in residential institutions, considered by many experts, is an indicator of crisis of morality and responsibility of society before its future.

Nowadays need for changes of existing system of guardianship and trusteeship over children in Ukraine is acknowledged by a wide range of experts and state. The evidence of this is the creation and development of adoptive family and family type homes, further improvement of network activities of social services for families, children and youth.

Regarding the national standard in the training in the direction of the knowledge «Public administration»

In this paper was attempt to analyze existing in Україне regulatory framework that applies on the development of the state standards in higher education. In particular, the author emphasizes on the principle of ​​the existence of a hierarchical structure of state education standards that has at three levels: the highest (state standarts of the higher education), medium (industry standard of higher education), basic (standards of the higher education institutions of the higher education). Simultaneously author emphasizes that all of the components aren`t story about the using of the national standard in providing in inservice training educational. For this are the number of objective reasons, which are related to the current Ukrainian legislation. The author makes the cautious conclusion about the impossibility of the creation the national standard for the increasing qualification. At the same time he says: without specific standards the licensing can not possible in principle. In the future, the author propose to consider the possibility of the creation the standarts, that will based on the competency approach. The author presents own vision of it. He insists on the performing the number of demands that related with the legislation and the requirements of the National Agency of Ukraine on Civil Service as well as of the customer training. According of his opinion the national standard is interesting as the means for the normalization the number of key issues of the activity of the centers for post-graduate education and the warranty of the transparent licensing in the Ministry of Education and Science.

In this work made an attempt to analyze existing in Ukraine legal and regulatory base that is used to create national standards in the sphere of higher education for the possibility and expediency of internal (national) standards for advanced training. Closest prior (obviously, and the grounds for this idea) is the presence of state and industry standards by the appropriate fields of knowledge, directions and specialties of training and retraining. The last has a higher hierarchical structure (state standards of higher education), secondary (industry standard of higher education) and basic (standards of higher educational institutions of higher education).

Nowadays there is nothing concerning advanced training, not only for «Public administration». Unfortunately none of above mentioned components says nothing about application to the state standard of excellence. Overall, from them could be concluded about fundamental impossibility of development for advanced training of state education standards.

Same time the Resolution of the Cabinet of Ministers of Ukraine dated August 8, 2007№ 1019 «About licensing of educational activity to provide educational services» in higher education refers to such expansion of profile (advanced training), specialization. Moreover, as stated in the document «licensing services for post-graduate training in vocational and technical and higher education (with the exception of retraining services) is performed in the case where supposed to issue a document of state sample». Concerning centers for retraining and advanced training of staff as postgraduate institution referred only one case – study with already mentioned professional programs. A licensing of without certain standards can not exist at all.

Consequently, the legislation hints at the necessity of application of some standards for educational services for advanced training, which are licensed, but almost nothing to say about its specificity and formulated in a way that makes it impossible to introduce relevant standards.

Earlier this dilemma was solved as it were by means of personal agreements and convergence of existing at advanced training realities to the requirements in the sphere of higher education, but without their formal normalization. Means that something similar was done at the internal standard, but without actually its valuation.

If you aim at the development of such a standard (call it national) for advanced training in the field of knowledge «Public administration» will have to make its structure similar to the current standard of higher education on the basis of competence approach, that is, during the description and evaluation of professionalism consider the knowledge

The author presents his own vision of such standard that, in his opinion, should be built on a hierarchical interconnected structure:

– supreme (determined by the Ministry of Education and Science of Ukraine at the specially authorized central executive authorities) – general requirements for the provision of educational services related with obtaining education at the level of qualifying requirements to advanced training and requirements to the educational levels of higher education and requirements to the educational and qualification levels of higher education in the field of knowledge «State Government»;

– average (defines the National Public Service of Ukraine) – includes a list of competencies required for directors and specialists; professional and qualifying characteristics that reflect position of civil servant in structure of government authorities and its functions; normative part of professional training programs; diagnostic tools of professional competence of civil servants;

– basic (determine institutions of postgraduate education) – other requirements to the level of professional competence of the person; variation parts of professional and qualification characteristics, professional programs, diagnostic tools of the level of professional competence; educational and thematic plans.

Probably that as a result of this work will have to adjust the existing legal and regulatory base for consideration of specific requirements for advanced training. Moreover, the development and adoption of such a standard of advanced training for civil servants and local government officials may be associated exclusively with professional programs, because they only contain normative part, compulsory for all Ukraine;

In any case probable national standard is interesting primarily as a means of normalizing a number of key questions of statutory activity of centers as postgraduate institution for clear and transparent passing of licensing. Otherwise its development, in our opinion, is meaningless. Moreover, it’s dangerous for all existing network of institutions, because don’t solving any of the fundamental issues it’ll create artificial restrictions where they did not exist before.