The Law and its Palliative Solution: consequences
https://doi.org/10.24833/2073-8420-2022-2-63-22-33
Abstract
Introduction. The large-scale tasks faced by the state in the process of building its democratic, legal foundations in accordance with the Constitution of the Russian Federation required the legislative establishment and development of the conceptual foundations of the public service system as a tool for implementing plans in the field of state construction and improving the effectiveness of anti-corruption measures.
The basic principles of the functioning of the civil service were defined by the Concept of Reforming the Civil Service System of the Russian Federation (2001). Among them, for the first time, the principle of ethical behavior of civil servants was included. This determined the importance and relevance of the task of public service ethicization as one of the anti-corruption factors, which should have been further developed in subsequent legal acts regulating the functioning of the public service and reflected in the implementation of the decisions taken.
Materials and methods. In order to study the degree of implementation of measures aimed at the etization of the civil service, overcoming the "lack of morality" of its personnel corps and the formation of a system of management of moral relations in the civil service, legislative acts regulating the management of the system of moral relations in the civil service, compliance with the requirements for the official behavior of civil servants of the Russian Federation and municipal employees, prevention and settlement of conflicts of interest in the state and municipal service are analyzed, professional development of civil servants. The methodological basis of the study was the universal method of cognition - dialectics, general scientific methods: analysis, synthesis, deduction and induction, comparative legal, systemic, formal logical and other methods.
Research result. The results of the study. The analysis of legal regulations regulating the moral aspects of the functioning of the civil service of the Russian Federation as a whole and the structures created in federal state bodies and state bodies of the subjects of the Federation, as well as in municipal bodies, ensuring compliance with the requirements for the official behavior of civil servants, conflict of interest settlement and prevention of corruption and other offenses, allowed us to establish that the palliative nature of measures to ensure the implementation of the provisions of legislation, in many ways, it devalues their importance, deprives them of their effectiveness and negatively affects both the level of non-decreasing corruption in the country and the degree of trust of citizens in state and municipal government.
Discussion and Conclusion. The palliative nature of solving the tasks contained in the legislation on the civil service of the Russian Federation, revealed during the analysis of a number of legal acts, still leaves unresolved the urgent tasks of implementing the mission of the civil service, moral improvement of its personnel, which negatively affects the level of trust of citizens in the authorities and the degree of effectiveness of combating corruption in public administration.
About the Author
N. N. ShuvalovaRussian Federation
Natalia N. Shuvalova - Candidate of Sciences (Philosophy), Associate Professor with the Department of State Service and Personnel Policy
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Review
For citations:
Shuvalova N.N. The Law and its Palliative Solution: consequences. Journal of Law and Administration. 2022;18(2):34-45. (In Russ.) https://doi.org/10.24833/2073-8420-2022-2-63-22-33