Image of official of Russian Empire local control in second half of XIXth century (Based on Materials of «Russkiy Vestnik» («Russian Herald»)

The article emphasizes most distinctive features and problems of bureaucratic corps of Russian empire local control on the basis of analysis of popular magazine «Russkiy Vestnik» («Russian Herald») releases during 1856 – 1890. It is explained that most of «Russkiy Vestnik» reporters (among them scientists, executive system officials, self-governing institutions officials and literari) addressed issues of officials’ educational, moral and cultural level, material maintenance, bribes, attitude toward official duties and interrelations within bureaucratic corporation. At the same time there were issues concerning local control system functioning and level of Russian society sense of justice. A discussion on the pages of popular and mass magazine was the extraordinarily important sign of development of civil society an induced governmental circles to the decision of problems of control system. Through a publicism to the actived iscussion the representatives of public were brought over, due to what the dialogue of power and society came true.

The figure of official of local government of the Russian Empire in the second half of nineteenth century. traditionally attracted considerable interest from the public. However in the second half of the nineteenth century this problem became the subject of active discussion, which is associated with a process of broad public discourse and new tendencies in Russian literature and publicism.

Research on public perception of identity of the official of local government can be achieved by analyzing of periodical publications. One of the most successful source in this plan is the magazine «Russian Vestnik», in which publicistic materials were combined with artistic works. This contributed to the popularity of magazine, periodicity (1856-1860 – twice a month, 1861-1906 – once a month) and personality of editor M.N. Katkov. This influential publicist and literary critic headed the editorial office of the magazine from 1856 to 1887. The latter factor was determinative for substantial evolution of general tonality of the magazine publications – from the liberal end of 1850 to strictly conservative in further period that coincided with the worldview transformation of M. N. Katkov.

Problems of Russian officials in the pages of magazine were raised by specialists of rights (O. Gradovsky, A. Polyumbetskyy, S. Barshev, M. Zarudnyi etc.), officials-practician (S. Hromeka, W. Bezobrazov, A. Fet, S. Slavutynskyi, B. Hotyaintsov etc.), writers (M. Saltykov-Shchedrin, A. Afanasiev-Chuzhbynskyy etc.) and anonymous authors («N»; «DV», «PB», «D. D»), social and professional identity of which is difficult to establish.

Lawyers and officials mainly focused on the problems of local government, only occasionally referring to the personality of official. Literary men demonstrated quite vibrant and emotive images. In the works of Alexander Afanasyev-Chuzhbynsky, M. Saltykov-Shchedrin figures of officials were submitted at various levels through the prism of their career, material security and personal life. Mikhail Saltykov-Shchedrin paid attention on strict subordination within the bureaucratic corporation practice of contemptuous attitude of provincial officials to their colleagues of district level and meagre salaries of minor officials, which explains their dissatisfaction with the service.

The common thread in the works of M. Saltykov-Shchedrin is the problem of bribes. According to him the worst is the “moral bribe” – a service for which the official has to pay: small, but persistent signs of attention, flattery, formal dinners and more. The writer believed that bribe was a feature of provincial officials.

Voluminous layer of criticism and reflections concerns functionary of police department. In the works of publicist and police officer S.S. Hromeka were analyzed the problem of morality of functionaries, legal conscience of society, the impact of public opinion on the activities of functionaries. Analyzing the problem of police in Russia he drew attention not only to the shortcomings of the personal staff of functionaries but also the lack in Russian society of respect for laws, for personality and respect for people engaged in legal proceedings or protect the public peace. Instead of laws and personality in Russia canons of fashion, etiquette and uniforms were more respected. That is why functionaries no matter how tried to be moral, would still have to please rich and noble, humiliating themselves, but gradually moving up the career ladder. Other difficulties in the work of police S.S. Hromeka called excessive paperwork. For example mayor whose powers are concerned almost all life issues at the town, every step had to reflect on paper. In this context author considered ideal London police, which engaged in purely police matters.

Also contributors of journal discussed issues of total dependence of functionaries from imperfect legislation (A. Fet « Echo of rural judge ») and their excessive service load. Publicist V.P. Bezobrazov actualized issues of trust to functionary, stressing that almost all functionaries of local government have long been a favourite subject of Russian satire. On the contrary he highly valued Institute of world mediators where, according to him, came the best people that are really trying to improve situation.

Thus, the analysis of publications of «Russian Vestnik» for the period of 1856 – 1900 has allowed to distinguish some basic aspects concerning functionaries of local government. This question about their educational, moral and cultural level, the problem of material security, the problem of bribes, the issue of compliance of occupied positions and attitude of functionaries to fulfilment of their duties. Inextricably associated with this and more general problems concerning legal maintenance and functioning of local government and the level of legal conscience in Russian society. Such a discussion on the pages of popular and mass magazine was extremely important feature of development of civil society and encouraged government surrounding to solve problems of management system. Also because of publicism to active discussion were involved representatives of the public, thus carried out dialogue of authority and society.

Chernihiv fortres in the «Register of state fortresses of the Russian Empire» (1724 – 1799)

The article deals with the history of Chernihiv fortress of 1724 to1799. During this period it was a «Register of public fortresses of the Russian Empire». The final stageis characterized by the existence of Chernihiv fortress of great transformation sand reconstruction sthat are causing changes in the martial art of the eighteenth century. Archaic vestiges were liquidated as towers, it is built four valuable and two small bastions that covered large bastions. The defensive capacity of fortress rose considerably, it had begun to answer the requirements of military art of ХVIIIth century. However character of the carried out works and unrealization of part of the pre-arranged alterations testified to the gradual leveling of role of the Chernihiv fortress as a city formative factor. These processes are the cities of middle brightly illustrated on plans the second half of ХVІІІth century. If plans of 1730 – 1750th years consisted of aim of reconstruction of strengthening of fortress, then in 1760 – 1790th years in most they were taken off already for civilly-economic necessities (planning of municipal quarters, gasket of new streets and others like that). Chernihiv gradually transformed from a city-fortress on an ordinary city in a depthempires, and his habitants – from warriors on peaceful city-dwellers. In 1799 the fort was derived from the «Register», and during the early nineteenth century its fortifications were dismantled.

In the development of Chernihiv its fortress played a major role from all city forming institutions. Since ancient times, Detinets was the main fortified part of the city, where in the case of military danger, local citizens took cover.

At the time of entry of Chernigov to the Grand Duchy of Lithuania and Muscovia into the Old Detinets could accommodate almost all the urban population and the Upper Castle played the role of the citadel. By Polish domination late in late 1620s renewed fortifications of Detinets, that since more often called a fortress. By Hetmanate Chernihiv fortress has undergone radical rearrangements and become more adaptable for that time military requirements.

The unsatisfactory state of the fortifications of Chernihiv fortress at the beginning of  XVIII century led to its inclusion in the «State of government fortresses of Russian Empire» in 1724. Restoration of fortress tasked to engineer Adrian Debrynyi, who from 1730’s supervised  repairing and building of fortresses in the Ukrainian lands in the Russian Empire.

  1. Debrynyi made the plan of Chernihiv and Chernihiv fortress. Instead towers, at the entrance to the castle, were full pentagonal bastions located in front of Lyubetska and Pogorila gates. The third bastion was in the north-eastern part of the fortress, somewhat below the main defenses. It also defended the bridge over the river Stryzhen that was just near it. Besides three great classical bastion in fortress were built two small pentagonal projections for covering the most important strategic places and reinforce defensive bastion of the water gate in the middle of the seventeenth century . Named later plans «small bastions», they created a great flanking cover not only the Water bastion, but generally east side Castles. Opposite Catherine’s Church was built another full bastion. It was called Catherine and covered castle from the south-west side.

War with Ottoman Empire, which began in 1735, has prompted Military Collegium an order for urgent measures to repair the fortresses in the Hetmanate. However, from 1737 to the end of the war in 1739 on defensive measures in Chernihiv nothing was known , and after the war urgent need for them at all anymore. The features and constructive elements of Chernihiv fortress late 30’s – early 40’s eighteenth century. were reflected in the plan drawn up in 1740 by engineer Daniel de Bosquets.

Around the perimeter of the fortress vanished wooden tower, in an amount of four units survived only in the corners of the Upper Castle. Between Lyubetska and Pogorila the gates came Redan (open field fortifications in a notch in the wall), protecting both travel bastions.

In 1750 on the territory of Chernihiv fortress there was a great fire, which destroyed nearly all the buildings and damaged fortifications. Changes in the internal space fortress after recovery clearly shown on the plan in 1757 On the north side of the bastion was built a full earthen breastworks; The upper castle also had a new bastion finally disappeared wooden tower, replaced by open military sites. From that time until the liquidation of the fortress in 1799 radical changes and renovations in its territory was not happened.

Thus, from 1724 to 1799 Chernihiv fortress has undergone significant renovations and modernizations, was more suited for conducting contemporary artillery battle. Archaic remnants was gone in the form of towers, there were four full and two small bastions, covering large bastions. These processes were clearly illustrated on the plans of the city middle – second half of the eighteenth century.

If the plans of the 1730’s – 1750’s evolved for reconstruction fortress, then in 1760 – 1790’s most of them already starred for civil and economic needs. On them was the main focus on the planning of urban areas, construction of new streets, etc. Chernihiv gradually transformed from a fortified city to a normal city in the province of the empire and its inhabitants – with soldiers to civilians. All this could not affect the status of defenses, which gradually fell into decay, and only prevented the development of Chernihiv.

Chernihiv fortress eliminated in 1799, and between 1800 and 1803 in place of former fortifications established Boulevard. However, immediately wipe out all traces of the centuries-old defense construction in Chernihiv Detinets failed. Works to eliminate ramparts were also conducted in 1826, but they failed to fully complete the task remains of defensive structures of the city visible in the photos of the nineteenth century.

History of development of local government Territorial community in Semenivka Chernihiv region

The history and the role of the local bodies in the society’s life from ancient times to present has been considered in the article. The example is a territorial community of Semenivka town, Semenivka district, Chernigiv region. A long history of the development of Semenivka from settlement in times of Mezin site to hamlet, country, village, urban village, suburb, small town, town; the influence of the changing status of the the settlement on its development is shown in this article. The role of Semenivka as a primary-territorial centre of adjacent territories  Semenivka volost, settlement’s and city’s councils, Semenovka district is explored. Materials and facts given in the article will be interesting to historians, regional ethnographers, specialists of local government and state structure. Students and different kinds of readers especially on the eve of administrative- territorial reform in Ukraine Taking into consideration the border location of Semenivka the article can be interesting for inhabitants of Russia and Belorussia.

The article reviews the history and role of local government in society on the example of the local community of Semenivka district, Chernihiv region. Clearly defined priorities of regional policy according to the «European Charter of Local Self-Government» and Article 2 of the Law of Ukraine «About Local Self-Government in Ukraine» – the reform of local government.

The author traces the development of local self-government, evolution from the earliest times to the present. The first forms of population organizations in Semenivka district associated with the existence of human settlement here (stops) since the late Stone Age, in which the basic unit of social organization of generic and tribal communities has become doubles family. The tribal community was built on a collectivist terms as determined Traditions and legal status of each member of the family and the community. At the head of each tribal community was aware of: elders, leaders. Several tribal communities formed a tribe that was headed by the Council, and several tribes formed a union. To guide the community, clan, tribe, tribal association in general meeting the relevant group of people elected leadership among the healthiest physically, wealthy and influential members of the team – it was the leadership of the local government of the time – in accordance with Council community, clan, tribe, at ‘tribal connections.

Further process of improvement forms of human society has created the preconditions for the establishment of a tribal organization model of human existence in the form of the state. The following illustrates the long history of Semenivka as a settlement of the Early Slavs and Kyiv Rus, the farm, «dyeryevnya», villages, settlements, towns of Hetman times and the imperial period, townships, cities and the impact of changing the status of the settlement on its development in the Soviet and the modern period. Also disclosed Semenivka role as the primary territorial-administrative center of the surrounding area – Semenivka parish, town and city councils, Semenovsky district.

Further development of local government in the town territory Semenivka and Semenivka area associated with the proclamation of independence in 1991, Ukraine, the 22-year period of independence of the Ukrainian state.

Local governments of Semenivka territorial community is Semenivka Town Council. Over 22 years of Independence Ukraine exhausted five convocations of the City Council, is working the sixth convocation. The composition of the City Council, as part of a local government include: mayor, 30 members of the city council, the executive committee of 12 members, 15 full-time employees of the City Council.

According to the Law of Ukraine «About Local Self-Government in Ukraine» Town Council executes 55 different functions and powers as their own and delegated power. Semenivka Town Council, as the local government territorial communities, with the support of countrymen, in close cooperation with the district and regional executive and representative government, directs its efforts to resolve the problems that bother Semenivka, holds a steady job to ensure the normal life of the town , its development, protection of residents and village Kuti Drugi.

So, given the history and role of local government in society as an example Semenivka territorial community Semenov district, Chernihiv region, we can conclude – Local Government in Ukraine and in Semenivka including a long history. We have experience in its traditional form in the earliest times and days of Kyiv Rus, the Grand Duchy of Lithuania, Ukrainian Cossack State, Zemsky government of the Russian Empire, Soviet-era and two decades of an independent Ukrainian state.

Long as there human society, there are so many local governments – common solution by people who live in one area of their common problems. With the development of human society has evolved and local government, its form and performance. Local interests can not be considered without a close relationship with the interests of national, and the local government in all historical times closely intertwined with the activities of public authorities.

The current state of local government in Ukraine and the prospects for its development based on the experience of past eras, accumulated over centuries-old tradition of self-Ukrainian history, taking into account the best international practices. In view of all this should be the development of local government in the further development of Ukraine’s statehood.

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.