ТОП 10:

Administrative responsibility



he term administrative responsibility serves several purposes in the field of public administration, depending on the both the person using the term and the context. In all cases, administrative responsibility involves both the behavior of a public servant, and certain expectations others have with respect to that behavior. If behavior is reasonably close to the expectations, the public servant is said to be responsible; if the behavior deviates from the expectations in certain ways, the public servant is said to be irresponsible. Further, a person, group, or legal entity can work toward achieving greater responsibility from others by applying certain tools for bringing behavior more closely in line with expectations. Beyond that, what constitutes administrative responsibility falls into roughly four different types, with some overlap among them:

 

Objective responsibility. This type is the one most easily defined, and is the type championed by Herman Finer who sees "responsibility as an arrangement of correction and punishment even up to dismissal both of politicians and officials" (Finer, 1941: 335).

Expectations. The expectations for this type of responsibility come from the law and the constitutional chain of authority where "X is accountable for Y to Z" (Finer, 1941: 336). Politicians are accountable to the public for the writing of law; public officials are accountable to polititicians for the implementation of law; subordinate officials are accountable to their superiors for the carrying out the mandates superiors made in light of implementation. The expectations of objective responsibility are generally normative.

Behavior. Behavior that upholds the "declared or clearly deducible intention" (Finer, 1941: 341) of the law constitutes responsible behavior, while behavior that runs counter to this sense constitutes irresponsible behavior.

Tools. The tools available for keeping behavior in line with expectations include "the courts and disciplinary controls within the hierarchy of the administrative departments, and... the authority exercised over officials by responsible ministers based on sanctions exercised by the representative assembly" (Finer, 1941: 336).

Subjective or political responsibility. Whlie this type is invoked explicitly by several writers, its definition tends to be implicit, summed up best by the phrase in the preamble of the United States Constitution where it states that one major purpose of the government is to "promote the general Welfare." A few writers see this responsibility fulfilled in whole by objective responsibility: "politicians and [public] employees are working not for the good of the public in the sense of what the publicneeds, but of the wants of the public as expressed by the public" (Finer, 1941: 337), primarily through constitutionally created channels. However, most recognize that constitutional mechanisms are insufficient due to the nature of what constitutes the general welfare: "the idea that [a] state has a will immediately entangles one in all the difficulties of assuming a group personality or something akin to it" (Friedrich, 1940: 6); "government agencies must strive to avoid the abuse of power by considering and balancing multiple, conflicting interests within the confines of law" (Kearney, 1988: 575).

Expectations. The expectations for this type of responsibility come from the citizenry, both as individuals and groups, including those who work in the public service, but only insofar as they are citizens like anyone else.

Behavior. Behavior is responsible if it gives "proper regard for existing preferences in the community, and more particularly its prevailing majority (Friedrich, 1940: 12), and irresponsible otherwise. This definition is is indeed subjective rather than objective, because what an individual from a majority position might see as responsible could still be seen as irresponsible by an individual from a minority.

Tools. There are two major types of tools for keeping behavior in line with expectations. First are the tools available to citizens as citizens: the courts, the press, and the vote, and other formal procedures (Finer, 1941: 336 and Friedrich, 1940: 15-16). Second are the tools available to any politician or person in public service with the power of appointment, that of maintaining representative bureaucracy to "reflect diversity in geographical origin, family status, income, sex, race, and religion... [P]rofessions in government whose memberships broadly mirror society... strengthen bureaucratic responsiveness." (Kearney, 1988: 576).

Technical or professional responsibility. This is the type made most explicit by Carl Friedrich, who uses the terms functionalor objective responsibility (Friedrich, 1940). In addition, Kearney and Sinha use the term professional responsibility, and see this type of responsibility as having "two dimensions: (1) the professional's dedication to... his/her expert knowledge and skills, and (2) [their] utilization... in accordance with certain standards and norms set forth by the profession in the context of... the 'fellowship of science'" (Kearney, 1988: 575).

Expectations. The expectations for this type of responsibility come mainly from fellow public servants, or the "fellowship of science," but are echoed by politicians and the public. As Friedrich sees it, "there is arising a type of responsibility on the part of the permanent administrator... [that is judged] in terms of the scientific knowledge bearing upon it" (Friedrich, 1940: 14). Public servants expect each other to test assumptions and policy, collect the appropriate information, and give an account for their actions, or as Friedrich puts it, "submit their views to outside criticism" (1940: 22). The expectations of technical responsibility are generally pragmatic.

Behavior. Behavior is considered responsible if it gives "proper regard to the existing sum of human knowledge concerning the technical issues involved" (Friedrich, 1940: 12), and irresponsible otherwise. Irresponsibility basically takes the form of behaviors that have no justification in experience or show a lack of effort in the application of expert skills (through slipshod action or lack of action).

Tools. The main tools available for keeping behavior in line with expectations come "in the form of inquiries, criticisms, and suggestions" (Friedrich, 1940: 17). The efficacy of these tools comes mainly from the potential for exposure of a public servant as irresponsible and unfit for service (in the most extreme cases), but also in their ability to improve the knowledge, skills, and experience of the public servant (in intermediate cases).

Civil responsibility. This type of responsibility is the least well-defined, and is not explicitly named (this author has coined the term), but is implicitly alluded to throughout the literature. This type of responsibility is most closely akin to subjective responsibility in that it also is invoked to "promote the general Welfare" as stated by the U.S. Constitution. However, unlike subjective responsibility, which compels a public official to act in accordance to public opinion, civil responsibility compels a public official to educate and "build responsible, engaged, and civic-minded employees or citizens" (Denhardt, 2000: 556).

Expectations. At this point in history, the expectations for this type of responsibility are factional, coming from public officials who see their job as having a civil component, and being applied mainly to themselves and the organizations they are objectively responsible for, but also through raising awareness (as demonstrated by Gaus, 1936: 89; Denhardt, 2000).

Behavior. Behavior is considered responsible if it "contribute[s] to building a collective, shared, notion of the public interest" and fosters "shared interests and shared responsibility" (Denhardt, 2000: 554). Irresponsible behavior is characterized by "quick solutions driven by individual choices" (Denhardt, 2000: 554).

Tools. The main tools available for keeping behavior in line with expectations include working in such a way as to gain objective responsibility for a public agency or part thereof, and building political and academic cases in the public and academic arenas, respectively. Given the tools available for this type of responsibility, it is clearly the weakest form among the four types.

 

 

30. Legal liability: concept, types, features(Юридическая ответственность: понятие, виды, особенности)
Legal liability - is the use of state enforcement actions against the infringer for an unlawful act. Legal responsibility - a form of social responsibility.
Its features: always evaluates past (action or inaction)installs in violation of legal requirements and not for their implementation.
The main types of legal liability: material, Disciplinary, The civil-law, administrative, criminal.

31. Civil matter(гражданское дело)
The civil matter - a legal question arising out of civil, family, labor, land, or a right, and requires consideration and resolution of jurisdictional authority in accordance with the appropriate procedure. Civil matteris also often referred to judicial review of such issues (ie civil procedure)

32. Members of civil rights(Члены гражданского права)
By individuals be citizens of the Republic of Kazakhstan, the citizens of other states, as well as persons without citizenship. The provisions of this chapter shall apply to all individuals, unless otherwise provided in this Code.

33. Objects of civil law(Объекты гражданского права)
The objects of civil rights may be property and personal nonproperty benefits and rights. The proprietary benefits and rights (property) include things, money, including foreign exchange, financial instruments, labor, services, objectified results of creative intellectual activity, company names, trademarks and other means of identification products, property and other assets. For personal non-property rights and benefits include life, health, dignity, honor, good name, reputation, privacy, personal and family privacy, the right to a name, the right of authorship, the right to inviolability and other intangible benefits and rights .

34. Ownership(собственность)
Ownership - the property or funds belonging to a person or entity. Distinguish between state, private, shareholder, individual, unit, joint, common labor, collective, communal, cooperative and private property.

35. Types and methods of inheritance(Виды и методы наследования)
Inheritance law is a sub-sector of civil law. Like all sub-sectors and the areas of law, it has its own subject and method of legal regulation. In the succession law of universal succession method based on an industry-wide method of legal equality. As for the subject of the law of succession, his form relationships that mediate transfer of property of a deceased person to his heirs. Types of inheritance: by will, inheritance by law.

36. Terms of marriage(Условия вступления в брак)
terms for marriage: mutual voluntary consent of the intending spouses of persons and their attainment of the age of consent. The law sets the marriage age of consent - 18 years. If there are legitimate reasons for the local authorities, registry office shall be entitled to give permission to marry a minor who has reached the age of sixteen.

37. Annulment of the marriage(Аннулирование брака)
Recording civil status may be annulled:

1) on the basis of the decision of the court;

2) at the request of the persons concerned;

3) at the initiative of the registry office, discovered the primary, recovered or re-composed record, subject to cancellation.

38. Grounds for termination of marriage(Основания для расторжения брака)
The grounds terminating marriage include:
1) death of spouse;
2) announcement by the court of one of the spouses is deceased;
3) divorce.

39. Rights of the child(Права ребенка)
The child has the right to health, the right to an identity and its preservation, the right to life, the right to housing, to education, the right to public assistance.

40. The rights and duties of parents(Права и обязанности родителей)
Parents must take care of the health of their children. Parents have the right and duty to educate their children. Parents must ensure that their children receive secondary education. All questions relating to the upbringing and education of children, parents settled by mutual agreement, in the interests of children, taking into account the views of children.
41. Adoption (adoption) - decision to raise children without parental care, with the establishment between the adoptee and the adopter legal (personal and property) relations that exist between parents and children. In accordance with paragraph 1 of Article 91 of the Code of the Republic of Kazakhstan on the marriage (marriage) and to adopt a family (adopt) a child can citizens in the presence of their family environment for normal physical, mental, spiritual and moral development, training and education of the child. Adoptive parent of one child can be a person or two persons who are married. Categories of people who can not be foster parents, by law.

42. Guardianship the kind of family placement of a minor who has attained the age of 14, or a form of protection of civil rights and interests of the adult person recognized by a court of limited competence (eg due to the abuse of alcohol or drugs).

Guardianship is different from the tutelage of the grounds of the fact that the trustee is not itself commit the transaction on behalf of the ward, and only agrees to their commission. Other duties are the guardian and trustee. 1. Guardianship or trusteeship established over orphans, children without parental care to their content, education and training, and to protect their property and personal rights and interests.

 

2. Guardianship or trusteeship is also installed to protect the property and personal rights and interests of incapable or partially capable adults.

 

3. Guardianship or custody of siblings reared in the same family, different persons are not allowed, except when they are in fact in the interest of children.

43. Employment contract - in labor law contract between the employee and the employer, establishes their mutual rights and obligations. The agreement between the employee and the employer, pursuant to which the employee agrees to personally perform work on a specific position corresponding to his qualifications. The employer shall provide the employee with a job, to provide working conditions, timely payment of wages.

Conditions of termination by the employer

 

Termination of contract by the employer is permitted immediately, without waiting for a trial period, with a warning employee for three days in writing, specifying the reasons for the reason for the recognition of the employee does not pass the test.

If an employee has passed the probationary period, the employment contract may be terminated by the employer, in particular in the following cases:

liquidation;

staff reductions;

Repeated failure to employee job duties;

disclosure of trade secrets.

The content of the employment contract

1) Details of the Parties:

2) work to a certain degree, qualification or position (labor function);

3) the place of performance;

4) the term of the employment contract;

5) the date of commencement of work;

6) working hours and rest periods;

7) amount and other terms of payment;

8) description of the working conditions, guarantees and privileges, if the work is serious and (or) holds in harmful (particularly harmful) and (or) dangerous conditions;

9) the rights and obligations of the employee;

10) the rights and obligations of the employer;

11) the procedure for amendment and termination of the employment contract;

12) guarantees and compensation payments, the order of payment;

13) conditions on insurance;

14) The responsibility of the parties;

15) and the date of the order number.

an employment contract

1. An employment contract may be with the citizens who have reached the age of sixteen.

2. With the written consent of a parent, guardian or adoptive employment contract may be concluded with:

1) citizens who have reached fifteen years, if they receive basic secondary, secondary education in the organization of secondary education;

2) students who have attained the age of fourteen years, to perform in their free time work is not harmful to health and does not disrupt the learning process;

3) persons under the age of fourteen, in organizations cinema, theater, theater, and concert organizations, circuses to participate in the creation and (or) performance of works without compromising the health and moral development in compliance with the conditions specified in subparagraph 2) of paragraph 2 of this Article .

The grounds for termination of employment contract are:

1) termination of the employment contract by agreement of the parties;

2) the expiration of the employment contract;

3) the termination of the employment contract by the employer;

4) termination of employment by the employee;

5) circumstances beyond the control of the parties;

6) the employee's refusal to continue the employment relationship;

7), the transition to an elected employee job (position) or appointed to a position, eliminating the possibility of continued employment, except as provided by the laws of the Republic of Kazakhstan;

8) breach of the terms of the employment contract;

9) the grounds set out in the contract concluded with the head of the executive body of the employer.

44. Concept and types of recreation

Types of time are:

1) breaks during the working day (shift) - a break for rest and meals, intra and special breaks;

2) daily (between shifts) rest;

3) weekend (weekly rest);

4) holidays;

5) holiday.

45. Unlike the crime of an administrative offense lies in the degree of public danger, immorality and more stringent forms of punishment, such as the death penalty.

46. Minor offense is an intentional act, the commission of which the maximum punishment under the Criminal Code, not more than two years in prison, as well as negligent acts, the commission of which the maximum punishment under the Criminal Code, not to exceed five years in prison.

misdemeanor is an intentional act, the commission of which the maximum punishment under the Criminal Code, not to exceed five years in prison, as well as the careless actions for

the performance of which is punishable by imprisonment for a term exceeding five years.

Serious crime is an intentional act, the commission of which the maximum punishment under the Criminal Code, not more than twelve years in prison.

Particularly serious crime is an intentional act, the commission of which the Criminal Code are punishable by imprisonment for more than twelve years, or the death penalty.

48. fine

Article 40 of the Criminal Code defines a fine as a monetary penalty to the state, assigned to the limits defined by the Criminal Code, and the amount corresponding to a certain number of monthly estimates, the legislation, in effect at the time of sentencing, or the salary or other income.

Community service - Article 42 of the Criminal Code is to execute prisoners work in the public interest, determined by the local executive authorities or local authorities. This type of punishment is provided in the main and in the sanctions mentioned several articles of the Special Part of the Criminal Code. This type of punishment can be assigned to those cases where it is specifically provided in the article of sanctions.

 

Public works are appointed by the court of between sixty to two hundred forty hours, not more than four hours per day and shall be served prisoners free, free from work and school hours. A list of public works for brought to the prisoners determined local authorities or local authorities. The features of this kind of punishment is that the convicts in their spare time, and studies of up to four hours a day working for free to the state.

As a form of criminal punishment in correctional work are forced convicts to work for a period specified in the judgment of the court, subject to a state income corresponding part of his salary (Article 43 of the Criminal Code). This type of punishment can be assigned as the primary. Corrective work may be appointed for a period of two months to two years. The main element of punitive penalties - holding the state revenue from 5 percent to 20 percent of earnings (Part 2 of Art. 43 of the Criminal Code).

Restriction of freedom is to impose on the court convicted of certain duties restrict his freedom, and shall be served at his place of residence under the supervision of a specialized body without isolation from society. Period of restriction of freedom in the law is set to one to five years.

This form of punishment under the law is to convict the content in strict isolation from the society for the duration of the punishment. The arrest is set for a period of one to six months. Arrest does not apply to persons under the age at the time of sentencing of sixteen, as well as to pregnant women and women with young children.

Deprivation of liberty is convicted of forced isolation from society for a set period in the sentence carried out by placing it in a designated agency to correct the convict, and the prevention of new crimes both themselves and others.

Confiscation of the property - the penalty, which is compulsory uncompensated seizure of state ownership of all or part of the property owned by the convicted. The law distinguishes between two types of confiscation:

1) confiscation of property owned by the convicted person or shares common ownership (full forfeiture) and 2) the seizure of the property (partial seizure).

49. According to the Criminal Code to circumstances precluding criminal responsibility, include: self-defense (Article 32 of the Criminal Code), assault during detention perpetrator of an attack (Article 33 of the Criminal Code), emergency (Article 34 of the Criminal Code), a reasonable risk (Article 35 of the Criminal Code), physical or mental coercion (Article 36 of the Criminal Code) and the execution of an order or orders (Article 37 of the Criminal Code).

50. As indicated in the third part of Article 32 of the Criminal Code, "excessive force recognized apparent inconsistency protect the nature and degree of social danger of abuse, resulting harms caused an excessive, do not cause harm to environment. Such excess is criminally liable only in cases of intentional infliction of harm. "

 

When excessive force harms inflicted grave damage too, which clearly do not call for.

Stage of the crime

Stage of the crime - are certain stages (periods) in the development of a socially dangerous act, reflecting the extent to which the different intent of the guilty person. Distinction between them is both objective and subjective criteria.

On this basis, therefore, the following stages of the crime:

- Preparation of a crime;

- Attempt to commit crime;

- Completed crime.

Corpus delicti

The offense is a system established by the criminal law of objective and subjective symptoms (items) that are contained in the crime.

The objective indicators of crime are the object and the objective side, to the subjective - the subject and the subjective aspect of the act.

The object of the crime - is the social relations (benefits, interests) that are encroaching crime.

The objective part is the external form of the manifestation of the crime, which is expressed in a socially dangerous act or omission causing harm to legally protected values ​​or threatens to cause such damage, a causal relationship between the act and of consequences, the circumstances and conditions of the offense (place, time, furnishings, tools, facilities, modus operandi).

The offender is called an individual over the age of criminal responsibility, which has legal responsibility (in some cases with additional features), committed the crime.

The subjective side - is the mental attitude of the offender, to the act and its consequences, which found its expression in the form of intent or negligence, motives and purpose of committing a crime, a certain emotional state of a person.

Sentencing

Sentence shall be passed by the presiding in the general order, with the following exceptions:

1) in the introductory part of the sentence does not contain the names of jurors;

2) the description and motivation of the acquittal of the charge set out, in respect of which the jury was handed down a verdict of acquittal, and makes reference to the verdict of the jury or the failure of the public prosecutor of the charges. This proof is required only to the extent not resulting from the verdict rendered by the jury;

3) the description and motivation of the indictment must contain a description of the crime, the commission of which the defendant is found guilty, the offense skills, motives and justification for the sentencing court in respect of a civil action;

4) in the operative part of the judgment should be explained in his cassation appeal.







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