THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

Tatiana Kolomoets, Nataliia Halitsyna, Serhii Kushnir

Abstract


The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

Keywords


public service, public servant, model, gift, statutory regulation, value, feature, proposals, filter, legislation

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References


Villoriia, M., Synnestrom, S., Bertok, Ya. (2010). Etyka derzhavnoi sluzhby: zapobihannia konfliktu interesiv ta vymohy do zakonodavstva [Ethics of the public service: prevention of conflict of interest and requirements to the legislation]. Kyiv: Center for Adaptation of the Civil Service to the Standards of the European Union. (in Ukrainian)

Kolomoiets, T., Verlos, N., Pyrozhkova, Y. (2018). A gift for a public servant – a manifestation of respect, reward or a means of unlawful influence. Baltic Journal of Economic Studies, 4(1), 227-234. doi: 10.30525/2256-0742/2018-4-1-227-234

Zimneva, S., Chumakova, A. (2015). Legal regulation of civil servants in Russia and Germany receiving gifts. Russian Law Journal, III(3), 142-151.

Suslova, I., Fluri, F., Badrak, V. (2017). Parlamentska etyka v Ukraini. Realii, potreby, perspektyvy [Parliament ethics in Ukraine. Realia, needs, perspectives]. Kyiv: Center for Adaptation of the Civil Service to the Standards of the European Union.

Kolomoiets, T. O. (2018). Obmezhennia shchodo oderzhannia podarunkiv osobamy, upovnovazhenymy na vykonannia funktsii derzhavy abo mistsevoho samovriaduvannia za zakonodavstvom Ukrainy: naukovopraktychnyi komentar [Restrictions on gifts reception by persons empowered to implement the functions of state or local self-government under the law of Ukraine: scientific and practical commentary]. Zaporizhzhia: Helvetika. (in Ukrainian)

Bikeev, I. I. (2013). Problemy otgranicheniya vzyatki ot podarka v Rossii i za rubezhom: praktika i tendentsii [Problems of delimitation of bribe from a gift in Russia and abroad: practice and tendencies]. Aktualnye problemy ekonomiki i prava, 1, 245-249.

Vasileva, V. M. (2015). Regulirovanie konflikta interesov na gosudarstvennoy sluzhbe: Brazilskiy opyt (chast 2) [Regulation of conflict of interests in the civil service: Brazilian experience (part 2)]. Voprosy gosudarstvennogo i munitsipalnogo upravleniya, 3, 165-190.

Bonsing, S., Langsted, L. (2013). “Undue” Gifts for Public Employees. An Administrative and Criminal Law and Criminal Justice, 21, 163-184.




DOI: http://dx.doi.org/10.30525/2256-0742/2018-4-5-122-128

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