The development of the civil service
The essence of the ethical infrastructure, characteristics of the transfer policy. Quantitative linguistic analysis of codes of ethics. Application of the code of ethics in Russian conditions. Description, the value of the unity of a cost management
Рубрика | Государство и право |
Вид | дипломная работа |
Язык | английский |
Дата добавления | 20.03.2016 |
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Table of content
- Abbreviations and acronyms
- Introduction
- Literature review
- THEORETICAL PART
- Section 1. Ethics management
- Section 2. Ethical infrastructure
- Section 3. Code of ethics
- Section 4. Policy transfer
- PRACTICAL PART
- Section 5. Russian context
- Section 6. British context
- Section 7. Best practice implication
- Section 8. Quantitative linguistic content-analysis of ethical codes
- Conclusion
- Bibliography
- APPENDICES
- UK ethical watchdogs
- The unite value administration system
- The quantitative content-analysis of the Ministerial ethical codes of Russia
- The quantitative content-analysis of the Service ethical codes of Russia
- The quantitative content-analysis of the Agency ethical codes of Russia
Abbreviations and acronyms
Economy Ministry - The Ministry of Economic Development of the Russian Federation system ethical political linguistic
Emercom - The Ministry of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters
FAS - The Federal Antimonopoly Service of the Russian Federation
FDCS - The Federal Drug Control Service of the Russian Federation
Finance Ministry- the Ministry of Finance of the Russian Federation
FMBA - The Federal Bio-Medical Agency of the Russian Federation
FMS - The Federal Migration Service of the Russian Federation
FNS - The Federal Tax Service of the Russian Federation
FSA - Federal Service for Accreditation of the Russian Federation
FSFR - The Federal Service for Financial Markets of the Russian Federation
FSIN - The Federal Service for the Execution of Sentences of the Russian Federation
FSMTC - The Federal Service for Military-Technical Cooperation of the Russia Federation
FSSP - The Federal Bailiff Service of the Russian Federation
FST - The Federal Tariff Service of the Russian Federation
FSTEK - The Federal Service for Technical and Export Control
FTS - The Federal Customs Service of the Russian Federation
GFS - The State Courier Service of the Russian Federation
GUSP - General Directorate of Special Programs of the President of the Russian Federation
Leshoz - The Federal Forestry Agency of the Russian Federation
MID - The Ministry of foreign affairs of the Russian Federation
MOD - The Ministry of Defence of the Russian Federation
Mincult - The Russian Ministry of culture
Minenergo - The Ministry of Energy of the Russian Federation
Minfin - the Ministry of Finance of the Russian Federation
Minjust - The Ministry of Justice of the Russian Federation
Minkomcvyaz - The Ministry of Communications and Media of the Russian Federation
Minobrnauki - The Ministry of Education and Science of the Russian Federation
Minprirody - The Ministry of Natural Resources and Environment of the Russian Federation
Minpromtorg - The Ministry of Industry and Trade of the Russian Federation
Minregionrazvitiya - The Ministry of Regional Development of the Russian Federation
Minselhoz - The Ministry of Agriculture of the Russian Federation
Minsport - The Ministry of Sport of the Russian Federation
Mintrans - The Ministry of Transport of the Russian Federation
Mintrud - the Ministry of Labour and Social Security of the Russian Federation
Minzdrav - The Ministry of Public Health of the Russian Federation
MVD -The Ministry of the Interior of the Russian Federation
PSE - public service ethos
Rosalkogolregulirovanie - The Federal Service for the Regulation of the Alcohol Market of the Russian Federation
Rosarhiv - The Federal Archive Agency of the Russian Federation
Rosaviatsiya - The Federal Air Transport Agency of the Russian Federation
Rosavtodor - The Federal highway Agency of the Russian Federation
Rosfinmonitoring - The Federal Service for Financial Monitoring of the Russian Federation
Rosfinnadzor - The Federal Service for Financial and Budgetary Supervision of the Russian Federation
Rosgidromet - The Federal Service for Hydrometeorology and Monitoring of the Environment of the Russian Federation
Rosgranitsa - The Federal Agency for the Development of the State Border Facilities of the Russian Federation
Rosimuschestvo - The Federal Agency for State Property Management of the Russian Federation
Roskazna - The Russian Federal Treasury of the Russian Federation
Roskomnadzor - The Federal Service for Supervision of Telecom, Information Technologies and Mass Communications of the Russian Federation
Roskosmos - The Federal Space Agency of the Russian Federation
Rosmolodoj - The Federal Agency for Youth Affairs of the Russian Federation
Rosmorrechflot - The Federal Marine and River Transport Agency of the Russian Federation
Rosnedra - The Federal Agency on Mineral Resources of the Russian Federation
Rosoboronpostavka - The Federal Agency for Weaponry, Military and Special Equipment and Material facilities Procurement of the Russian Federation
Rosoboronzakaz - The Federal Service for Defence Order of the Russian Federation
Rosobrnadzor - The Federal Service for Supervision in the Sphere of Science and Education of the Russian Federation
Rospatent - The Federal Service for Intellectual Property
Rospechat - The Federal Press and Mass Media Agency of the Russian Federation
Rospotrebnadzor - The Federal Service on Customers' Rights and Human Well-being Surveillance of the Russian Federation
Rosprirodnadzor - The Federal Service for Supervision of Natural Resource Management of the Russian Federation
Rosreestr - The Federal Service for state Registration, Cadastre and Cartography of the Russian Federation
Rosrezerv - The Federal State Reserve Agency of the Russian Federation
Rosrybolovstvo - The Federal Agency for Fishery of the Russian Federation
Rosselkhoznadzor - The Federal Service for Veterinary and Phytosanitary Surveillance of the Russian Federation
Rossotrudnichestvo - The Federal Agency for Commonwealth of Independent State Affairs of the Russian Federation
Rosstandart - The Federal Agency for Technical Regulation and Metrology of the Russian Federation
Rosstat - The Federal State Statistics Service of the Russian Federation
Rossvyaz - The Federal Agency of Communications of the Russian Federation
Rostransnadzor - The Federal Transportation Inspection Service of the Russian Federation
Rostrud - The Federal Service for Labour and Employment of the Russian Federation
Rosvodresursy - The Federal Agency for Water Resources of the Russian Federation
Roszdravnadzor - The Federal Service on Surveillance in Healthcare of the Russian Federation
Roszheldor - The Federal Agency for Railway Transport of the Russian Federation
Russiatourism - The Federal Agency for Tourism of the Russian Federation
Spetsstroi - The Federal Special Construction Agency of the Russian Federation
Treasury - The Russian Federal Treasury of the Russian Federation
UDP - The Administrative Department of the President of the Russian Federation
Introduction
The role of human values is strengthening in all their manifestations with the further deepening of globalization. According to Lobanov (Lobanov, 2003) it is necessary to highlight the factors such as the globalization of economic and cultural relations, the growing demand of the population for better services from the public sector, the continuing general government deficit and the development of telecommunications technology that play the role of external incentives for administrative reforms.
In this case, the system of civil servants' training and the public sector in general are no exception. United Nations, World Bank, OECD and other international and regional organizations hold the line on reforms that contain huge value potential. Especially significant international experience deals with both ethical issues and experience in the creation of the institutional system of ethical public service (Abdullayev, 2011). The level of bureaucratic ethics' development can be seen as a global picture of the public administration development as well as development in the specific countries. Ethics and public service values are important elements in comprising the “body and soul” of public administration (Menzel, 2003).
The aim of this Master Thesis is formulated as the evaluation of the ethical regulation in the Russian Federation since 2000, defining current trends and the degree of maturity as well as their possible improvement by adopting best practice by taking the example of the United Kingdom experience, especially in the 21st century. Thus, the object could be defined as the system of civil service ethics; the subject is codes of conduct and codes of ethics. The issues in focus are seen as the development of an infrastructure of civil servants' ethics and its further institutionalization.
In order to achieve the aim of the thesis, the following tasks should be performed:
1) To define the role and place of the ethical code within ethical infrastructure;
2) To investigate the main factors influencing policy transfer;
3) To analyse British and Russian context in the field of ethical regulation;
4) To conduct qualitative analysis of the Russian and British ethical codes;
5) To conduct quantitative analysis of ethical codes of the federal executive bodies of the Russian Federation.
Among others it should be highlighted the consideration of trends in the field of ethical regulation, bringing the Britain's context of the issue with a view to a possible transfer of experience on the way to institutionalize the moral side of the civil service in Russia.
Thereby, the hypothesis is represented by the notion that the gradual development and systematic approach to the ethical regulation of the civil service in Russia (including best practices instead of blindly copying) will allow to improve the development of an ethical infrastructure of public service in Russia as a whole.
Generally speaking, the methodology is based on the documentary research as well as primary and secondary data analysis. Primary data is represented by the following sources of information such as reports of the Civil Service Commission, reports of the Committee on Standards in Public Life, some federal laws, decrees, and orders. Secondary data includes reviewing articles on the subject, the results of polls and surveys.
The methods consist of a mixture of quantitative and qualitative techniques. The evaluation of ethical policy in Russia would be to hold through quantitative analysis of legal acts along with quantitative content analysis via computing in Content Pro 1.6 software (Churakov, 1996). Comparative aspect of the research involves analytics and transfer policy concept.
The limitation on time period - the 21st century - was chosen as a competitive advantage of the work, that is supported by changes, which underwent in both British and Russian civil service in the form of reforms and their further logical development.
The originality could be seen as the attempt to analyse ethical infrastructure through the mixture of quantitative and qualitative methods.
Thus, body of the work has a classical three-part logic. The first chapter describes theoretical aspects of the ethical regulation phenomenon, the concepts of transfer policy, its features, kinds and models. The second part is devoted to the British experience in the field of ethics and current state of development of ethical infrastructure in Russia to draw parallels from foreign experience. In addition, this experience will be considered as a tool of ethical regulation and the possibility of its implementation in the Russian reality. Finally, the last section will cover quantitative and qualitative content analysis of the Russian codes of ethics.
The topicality of the civil servants' ethical agenda in general and in this dissertation in particular could be proved by the following reasons.
The role of professionals in delivering goods and services on behalf of governments has, in recent times, been transformed. The need to develop ethics of public service is connected with such current requirements as: the persons occupying positions in the public service should correspond to their high social status, there is a need for professional public assistance, the dependence of people's welfare from deontological building of government officials, compliance with ethical and deontological rules, with system of norms, standards, and requirements for the quality of the public service. These concerns, in turn, have risen to prominence again in recent years because of the changing context of public policies, and also because of changes both in the management and government in the public sector (Davis, 2005).
Public service ethics is considered as one of the most effective ways of raising the efficiency of public services, management of conflicts of interest, anti-corruption policy (Irkhin, 2011). "Recently recognized the primary role in the management, including the public, cultural factors, the formation of a new culture of public service. The main direction here was "ethization" of public service that is the focus on the moral and ethical aspects of the behaviour of public servants. It is believed that without an ethical component any administrative reforms have little chance of success "(Obolonsky, 2009).
In addition, the process of revising a code is an excellent time to re-engineer or reform administrative structures and processes for many organizations. Code revisions can also be used to refocus the vision or to revise the mission statement of the organization, because the values in the code are often a foundation for how people in the organization see their responsibilities (Gilman, 2005). The best practice evaluation allows better understanding of the features of the ethical regulation; determine the nature as well as principles of functioning and development of codes of ethics.
Literature review
The organization in the 21st century faces wider scrutiny than its 20th-century counterpart (Foster Back, 2006) as demands from the public increased.
The ethical agenda arises in reports of such organizations as OECD, United Nations, World Bank, Transparency International. Moreover, it is not a fixed question for governments. The topicality could be proved by the scientific interest of international and Russian scientists.
In general the topic of ethics could be seen from different perspectives. Hence, the bibliographic analysis represents a range of terms directly or indirectly related to the civil servants ethics. The aim of the next analytic work is to evaluate the place of ethics of public sector in academia, especially in the 21st century. Thus, the following keywords were chosen: ethics management, code of conduct, code of ethics, ethical code, deontology, public service ethos, ethical regulation, integrity management, bureaucratic ethics, ethics policy, administrative ethics, and integrity policy. ISI Web of Knowledge database was used for providing the analysis. All results were checked with the appropriate research areas toward civil service and public sector.
Figure 1 Bibliographic analysis
Based on ISI Web of Knowledge dataset
The main quantity of articles contain code of ethics, code of conduct or deontology keywords that underline the main focus of the public service ethics in academia. Thus, review of publications on the subject of ethics in public service shows that the peak of academic interest was in terms of code of ethics. The linear trend for code of ethics (black curve) shows an upward attention to the topic (Figure 1). Moreover, it is necessary to pay attention on the visible correlation between majority of keywords.
According to Yablonskaya (2008) the most important works in this field are Kukushina on police ethics (Kukushina, 2003) and Okusov on legal ethics (Okusov, 1997) in Russia. Moreover, there is a so-called Tuymen School of Applied Ethics headed by Tyumen Institute of Applied Ethics. In this case, it is necessary to mention a set of monograph edited by Vladimir Bakshtanovskii and Yuri Sogomonov (1997, 2003, 2006, 2007). Another group of authors (including works of Konov A. and Obolonsky A.) on the civil service ethics with foreign and British experience investigation is formed on the basis of the Institute of Law and Public Policy.
Thus, the majority of discussed literature could be structured in the following way. The theoretical part of work is mainly based on the articles of Hunt (1995, 1997), Gilman (2005), and Palidauskaite (2006, 2010); articles and books of Obolonsky A. (2007, 2009, 2011, 2013). The core of analytical part is represented by OECD reports (2000, 2002), articles of Pollitt, official documents, local laws and regulations, as well as Civil Service Commission reports. The practical part is methodologically and procedurally based on Churakov's papers. The actual Orders of the Federal Executive Bodies are used for content analysis.
THEORETICAL PART
Section 1. Ethics management
An increase in the need of building public trust provokes a development of integrity management, which, in turn, originates from the OECD surveys in the end of the twentieth century.
The first document from which it is possible to consider the integrity management concept, especially the 21st century's part, is the OECD Public Management Policy Brief “Building Public Trust: Ethics measures in OECD Countries” (OECD, 2000). Its significance is proved by two lessons based on the OECD survey that are directly connected with the integrity agenda among ethics and mission.
The value-based model that is sometimes called integrity-based and compliance-based model compose the core of today's integrity management concept. To distinguish value-based approach from compliance-based it is necessary to formulate the general message for each. Thus, value-based model represents a set of core values and principles that are collectively shared and guided judgment about what is good and proper. Values stated in public documents provide the basis for an environment where citizens know about the mission and the vision of public organizations and they also give overall guidance for daily public service operations (OECD, 2000:31).
By its definition of the compliance-based model means the adherence and observance of the law and other legal rules. Under compliance-based code people avoid breaking law and rules. However, though this type of model is necessary, it is not a sufficient one. The inability to codify everything leads to the existence of so called grey areas in law. Thus, the guiding principle is formulated as - everything is allowed if is not forbidden. The compliance-based model mainly focuses on auditing and revising activities. But in reality countries in most cases take a mixed approach (UN, 1999, cited in UN, 2007, p.1).
However, the following narrative will be mainly connected with value-based model and ethical codes as an integral element of it.
Furthermore, according to Amundsen and Pinto de Andrade (Amundsen and Pinto de Andrade, 2009) it is useful to distinguish between normative and descriptive ethics. Normative ethics describes for the rightness and wrongness of acts. At the same time, descriptive ethics, represented by an empirical-based approach, is based on investigation of people's moral beliefs. Thus, the main focus is on the normative ethics investigation. The descriptive ethics will as such be considered partly through people's confidence in civil servants.
Section 2. Ethical infrastructure
The topicality of ethical agenda could be seen as a reaction to the society's changing values (Maesschalk, 2004). The prospects for the revitalizing ethics in the new governance are also to be considered. Development and improvement of ethical standards have become an integral part of the reform of public service at the end of 20th and in the beginning of 21st century. New Public Management (Public Management) strengthens the role of values, moral and ethical regulators of activity and behaviour of public servant, and these have become more complicated conditions as there is a complex transformation and interaction between the state and society in transition to a post-industrial phase, towards information and globally-competitive development. The case of Russia can be described by this transformation; the case of country in transition. The models and limitations of policy transfer including countries in transition will be investigated in the second part of the theoretical chapter.
Thus, first of all it is necessary to define the term Public Service Ethics. There is no one general understanding of such a term. Hence, each author adds his or her own tint to this notion. One definition of ethics describes a set of moral principles (Chapman, 1993). This handling links to the question of moral connotations. According to Hunt (Hunt, 1995) one aspect of this concerns the way in which civil servants perform the duties allotted to them, and the way in which they perceive the limitations of those duties. On the wider level, there is also the whole question of the principles that civil servants employ when deciding issues, which also raise moral questions (Hunt, 1995).
Therefore, such activities as monetary reform, the process of creating democratic institutions or funding some economic improvement programs without a professional government workforce can be frustrating, if not counterproductive in a set of sense (Gilman, 2005:5).
The best way to meet challenges and to ensure that they are dealt with appropriately is to set the tone and create a culture in the organization where people naturally do the right thing when faced with dilemmas. There is a process, such as introducing a code of ethics based on core values, that leaders can use to engender a culture of `doing the right thing because it is the right thing to do' (Foster Back, 2006).
Genuine professional activity should not be only target-rational, but value-rational as well (Alexandrov, 2011). It is possible to say, that target-rationality was developed in the concept of the New Public Management (NPM). However, it seems logical that the second component - value-rationality - should also receive appropriate development. The basis of the formation of the value component is seen in the development of the moral side of a public servant. An increasingly important component of the value of public service gives such things as the “revolving door” syndrome (Obolonsky, 1999), the effect of slippers, developing pay for performance and design activities. Value orientation of genuine professional (of course, if they comply with the fundamental values ??of culture) can preserve the meaning of its operations, its main socio-cultural destination for any changes, specific forms, and methods of its implementation (Alexandrov, 2011). The cultural factor and its importance will be also considered further in the next part.
Thus, public administration as the management of public affairs is assessed not only in terms of pragmatic criteria of efficiency, but also includes political and moral criteria, code of ethics, as in turn, an important part of the evaluation of management (Smorgunov, 2012). The changing public sector environment requires that core values will be articulated (OECD, 2000).
Common trends show that the following steps are needed to build a consistent system of supportive mechanisms, namely the Ethics Infrastructure (OECD, 2000):
• Communication and inculcation of core values and ethical standards for public servants ?in order to provide clear guidance and advice to help solve ethical dilemmas;
• Promotion of ethical standards by preventing situations prone to conflict of interest and ?rewarding high standards of conduct through career development;
• Monitor compliance and report, detect and discipline wrongdoing.
The ethical infrastructure is a system of fighting against wrongdoing in terms of holistic approach to ethics. The term ethical infrastructure has no single definition. In this case, according to Amundsen and Pinto de Andarde (Amundsen and Pinto de Andarde, 2009) the infrastructure of Public Service Ethics represents a combination of ethical standard settings, legal regulation and institutional reform. The ethics infrastructure has been also called “ethics regime” or “integrity system”. The elements of infrastructure can be categorized according to the main functions they serve - guidance, management and control - paying our attention, that different elements may serve more than one function (OECD, 2000).
The possible ways of investigating Public Administration Ethics could be described by using the matrix of approaches to define ethics and centers of concern (Figure 2).
Focus of Concern |
||||
Approach to Definition |
Individual(micro) |
Society or system (macro) |
||
Dynamic/Behavioural |
1Human Development and Improvement |
2Social Equity/ Responsiveness |
||
Legalistic/Formalistic |
3Codes of Ethics |
4Utilitarianism |
Figure 2 Variables in Public Administration Ethics
Source: Plant, J. and Gortner, H. (1980)
The first cell illustrates the human development approach, whereas the second cell is indicative of the model advanced by advocates of the New Public Administration. According to Plant and Gartner (Plant and Gartner, 1980), the third cell contains the most obvious, time-tested, and commonly practiced approach to solving the ethical problem in government. The fourth cell described a universal ethical doctrine, which could be interpreted as a whole ethical infrastructure in modern terms. Legislating standards of behavior has become the primary way to elaborate on stated core values (OECD, 2000).
However, the main interest in this work is represented by code of ethics. Then, the further ethical infrastructure's consideration is reduced to the evaluation of ethical codes and codes of conduct.
Section 3. Code of ethics
Firstly it is necessary to define the terms Code of ethics and Code of Conduct by underlining their similarities and differences to each other. According to Gilman (Gilman, 2005) the main goal of Codes of Conduct and Codes of ethics is to anticipate and prevent certain specific types of behaviour: for example, conflict of interest, self-dealing, bribery, and inappropriate actions.
The ethical code should reflect particular objectives and mission (OECD, 2000). This partly explains the possible dysfunctions of such instrument of ethical regulation when we face the absence of a mission and/or objective of a particular organization. Moreover, the deployment of a code of ethics requires ethical training and support (Hunt, 1997). In practice there exists grey areas where the right course of action is not self-evident. According to Gilman (Gilman, 2005) the main purposes of codes could be aggregated by the following options:
1) Codes of ethics increase the probability that people will behave in certain ways;
2) Good ethics codes can focus public servants on actions that result in doing the right things for the right reasons;
3) Code of ethics do not take away one's own moral autonomy or absolve the public servant from the obligation to reason;
4) Codes of ethics can function as a professional statement.
The Code is a source of gathered information about requirements for public morality of public servants. It serves as the basis for the formation of a proper moral content in the public service. The Code of ethics is designed to help the public employee navigate between moral conflicts, situations of specific working aspects. Thus, it is possible to consider it as an important criterion for determining the suitability of a professional person for the public service. In this case, code of ethics is an instrument of social control with respect to the public servants morality. However, the code of ethics are an example of soft law should change and be revised after consultations.
However, the primary critique of ethical codes is that there are too abstract and because of this there are difficulties in their enforcement and implementation (Gilman, 2005). This links to the question of its institutionalization in the civil service. In this case, it is necessary to underline the importance of the process of institutional implementation of such an element of ethical regulation as ethical code.
Secondly, they are generally designed to address only minimal forms of ethical behaviour. By almost exclusively emphasizing what one should not do, there is little emphasis on what public officials should do.
Another instrument of ethical codification is the code of conduct, which can be an integral part of the code of ethics or can serve as a separate document. There is no single perception about it. However, according to Genevieve Enid Kyarimpa and Jean-Claude Garcia-Zamor (Kyarimpa and Garcia-Zamor, 2013), codes of conduct have been widely criticized. The character of code of conduct seems to be totalitarian. It can reduce ethics to the specific behavioral rules with penalties, which contradicts to the value-based approach. Codes of conduct can also appear to move the performance goals posts about alarmingly, particularly if they are linked either directly or indirectly to contracts of employment and conditions of service, and generate uncertainty about judgments that may be brought to bear about behaviour that is not defined as illegal and may not damage performance efficiency (Hine, 2005:157). At the same time, these contradictions illustrate the code of conduct as just a part of the whole ethical infrastructure.
In general, the above-mentioned criticism imposes additional conditions and restrictions on the process of taking over the experience and the best practice review. In the next part transfer policy and the three main pillars of it will be considered in details.
Section 4. Policy transfer
Contemporary social psychological research strongly suggests that codes can guide or induce behaviours in developing countries that are critical to a functioning of public service (White, 1999). In many countries in transition it has never been clear what public officials work for and what their responsibilities are (Gilman, 2005).
According to Jolanta Palidauskaite (2006), the collapse of the Soviet-supported regimes was inevitably accompanied by the collapse of their systems of values. It was a range of transformations in the political, economic and social spheres. The introduction of the new principles of democracy and market economy were not enough for setting values automatically in all social strata. However, nowadays government in transitional societies is starting to understand the importance of officials' ethical conduct on a day-by-day basis (Palidauskaite, 2010).
The practical reality is that at times the code can be used to help create a legal system and a merit based civil service. In other words, codes can be catalysts for creating reforms or vice versa. It is not a one-way relationship, but significantly depends on the environment in the country (Gilman, 2005).
The one way of making ethical system is to evaluate foreign experience, the best practice approach particularly. In this case the question arises - how to evaluate and implement foreign policy. Thus, there are a number of mechanisms and techniques in the process of transfer policy. There are lesson drawing (Rose, 1993), policy borrowing (Cox, 1999), policy shopping (Freeman, 1999) and others.
In case of ethics it seems reasonable to investigate the lesson drawing method. The lesson drawing helps to understand “the condition under which policies or practices operate in exporter jurisdictions and whether and how the conditions which might make them work in a similar way can be created in importer jurisdictions” (Rose, 1993). The main purpose is the engagement into policy transfer process, as well as usage of cross-national experience as a source of policy advice (Page, 2000).
The factors that could be seen as the hallmarks and features will be reviewed in the following aggregated concepts like culture, history, and institutions. This choice of data concepts explanation is due to a three-part clear structure, and the fact that according to these three units country differentiations it will be possible to separate developed from developing countries or countries in transition.
History
Ethics are related to path-dependent historical and cultural informal norms and values in public organizations, that is, to ethos, commitment, integrity, and trust (Selznick, 1957; March and Olsen, 1989). There is another opinion that especially history determines bureaucratic ethics (Keraudren, 1995). However, the aim of this separation into different concepts is to make a general picture without the factors ranging or prioritizing each other.
Latter considerations come to require more explicit elucidation in a more complex public-sector environment. Hence, the real difficulty is found when fitting them into the existing legal framework and each country's historical tradition. It is not easy to do so in a way that does not threaten and alienate the target groups on whom the codes are to be imposed, nor is it always the case that what is contained in the code addresses long-term needs and not the concerns of the moment (Hine, 2005:156).
The two concepts - culture and institutions - are interdependent and evolve as a result of historical background.
Culture
To start with, the notion professionalism could be seen as a synonym of ethics in a set of sense. It includes all values that guide the public service: loyalty, neutrality, transparency, diligence, punctuality, effectiveness, impartiality, and other values that may be specific to the country and civil service particularly. It is crucial to bear in mind the administrative tradition and legislative culture considering practice for transfer. At the same time, the term “culture” could be seen more broadly from geographical perspectives of a country and its features. There could be one uniform national code or multiple codes by geographic region, or whether there can be individual ministry, agency, or service codes (Gilman, 2005). This choice could be solved according to the government type of country. However, the system of ethical codes should satisfy cultural characteristics, regardless of whether it is federal or unitary state.
Different kinds of ethics distribution pose an additional question. In this case, it is possible to consider “culture” as one of descriptive variables for “institutions”. According to the United Nations Development Program (United Nations, 2007), mentoring - part of ethical infrastructure - remains as one of the untouched resources in the public service in many countries. However, mentoring relationship is part of national cultures.
Nevertheless, despite the difference in legal traditions and systems of governance in EU member states, there is a general consensus about the principles or values of public administration, which reflects key components of good governance (Palidauskaite, 2010). These components include: rule of law, political neutrality, loyalty to constitutional government (national, local or regional), honesty, impartiality, competence (technical and managerial), justice, serving public interests, accountability, efficiency and effectiveness, openness and transparency, reliability and predictability, citizen's participation (OECD, 2002).
Institutions
The introduction of new public management except tradition public administration has challenged the public service ethos by introducing private sector values and practices that could be proved by a number of works (for example, Pratchett 1994; Wrigley and McKevitt, McKevitt and Lawton, 1994; Sheaf and West, 1997).
In addition, this process should be considered paying attention to the legacy of the specific country. Thus, it may be either a country in transition or a country in adjustment. According to the United Nations (United Nations, 2000), countries in transition are characterised by their legacy of monolithism. Thus, there are nepotism, clientelism and favoritism in developing and transitional countries, which are the more serious obstacles to rational administration (Amundsen and Pinto de Andrade, 2009). Moreover, the legacy of country can act as a principle that defines the type of distribution and implementation of codes - top down or bottom up approach.
The question arises - to what extent the behaviour of civil servants shall be determined by law. The answer to this question depends on the traditions and cultural specificities of each country. In this regard, there is an interest in international experience. In most countries the legal regulation of the ethical conduct of public officials is applied with great caution: firstly, strict legal regulation of conduct for civil servants contrary to basic principles of ethical governance reform, and secondly, the adoption of legislation on normative ethics accompanied by "technical" problems. The mechanism for the development and adoption of laws is not flexible. Features of the legislative process do not allow a rapid response to changing requirements for civil servants in the community, adoption of regulations to the general nature and do not consider the specifics of individual areas of government. In most countries the law fixed the basic principles of behaviour, a specific individual departments accounted for in some normative acts (Ershov, 2008).
In general, standards of conduct for public officials are represented by special regulations, which are called "Codes of conduct for public officials". They have different names depending on the country: code of ethics, code of good practice, and the standards of conduct. Codes are adopted in most European countries, in the United States and in many other countries. Legislating the standards of conduct for public servants in the codes is part of the civil service legislation and establishes liability for violation of the established standards.
Range of matters governed by codes, in most Western countries is the same. Most attention is paid to possible conflicts of interest in the activities of a public servant, that is, when the personal interests of public employees may thwart duties. One of the best known and most frequently cited the Code, which is adopted in 1993 in the United States' standards of ethical conduct of public officials of the executive branch. In addition to the standards of behaviour the document also contains other provisions relating to ethics in public service: the order of declaration of income, abuse of power, structure and functioning of the Office of the Ethics in Government. The American Model Code severely limits the arbitrariness of government agencies in the development of standards of conduct. This allows the short term to develop a set of rules. However, this model has some drawbacks, namely tightly regulated standards reject the initiative of employees, require them to follow the rules which can be quite difficult in a precarious situation, especially in the United States where they annually spend huge funds for training, publication of manuals, advice on the ethics of public service, as perception detailed code difficult.
Based on the American model Ireland adopted Law on Ethics in the Public Sphere (1995) and Japan adopted the Law on the National Public Service Ethics in 2000. Their laws are following the example of America, which also regulate the process for the civil servants return. These countries also created structural divisions that had developed the ethical standards of public servants.
Most of the European countries in the development of codes of ethics have chosen different paths. A still different institution can be found in British Commonwealth Countries, which tend to emphasize values over rules. Excellent examples of this are the Committee for standards in Public Life (UK), the Treasury Board (Canada) and the State Services Commission (New Zealand) (Gilman, 2005). Adopted common standards of conduct for all public employees (codes of the first level) are less detailed than those in the United States. They ask only general guidelines and do not contain the detailed regulation of conduct. Detailed rules of conduct contained in the "Code of the second level," taken to its employees certain executive authorities. The advantage of such models is more responsive to the features of the various authorities, while maintaining one common standards requirement. However, in this case, there are drawbacks. The executives bodies may do not want to accept a code of ethics because it can lead to development of inefficiency or it may not be applicable in practice. In the case of code of conduct, the establishment of codes of individual organs may be delayed due to lack of time and skills; by the public authorities due to the stiffness of the different regulations of conduct that may cause dissatisfaction of individual civil servants.
The broad principles for ethical conduct within public administration according to the OECD are a means of integrating ethics management within broader public management environment (OSCE, 2004). The principles (Table 1) show a list of rules checking the process of institutional ethics integration into public administration system.
Table 1
Principles of the ethical framework
Principle |
|
Ethical standards for public service should be clear |
|
Ethical standards should be reflected in the legal framework |
|
Ethical guidance should be available to public servants |
|
Public servants should know their rights and obligations when exposing wrongdoing |
|
Political commitment to ethics should reinforce the ethical conduct of public servants |
|
The decision-making process should be transparent and open to scrutiny |
|
There should be clear guidelines for interaction between the public and private sectors |
|
Public service conditions and management of human resources should promote ethical conduct |
|
Adequate accountability mechanisms should be in place within the public service |
|
Appropriate procedures and sanctions should exist to deal with misconduct |
In one way or another the successful ethics management requires a balanced package that combines elements of compliance- as well as integrity-based approaches. They should be adapted to the cultural, political administrative traditions of the particular country, institutional background. Adopting new laws including code of conduct by itself does not go very far without implementing the spirit and the word as well as political will. Experience from a number of cases (United Nations, 2007) reveals that governments have attempted to promote ethical conduct of behavior in their civil service through solidifying legal structures and by “aspirational” efforts such as a code of conduct for the civil service, ethics campaigns, training, the introduction of “citizens charters”, and the implementation of transparent control and accountability systems at the community level. This entails approaching the issue of ethics management from both the state as well as citizens' angles in order to encourage the check-and-balance system (Ibid.).
Subsequent analysis of the practice cases would have been inappropriate without consideration of three main factors of policy transfer as well as definition of ethical code within whole ethical infrastructure. In the next chapter we will consider the current state of development of ethical infrastructure of the Russian Federation and the United Kingdom, paying our attention on drawing parallels, especially in part of the Code of Ethics for Civil Servants, which regulates their basic principles.
PRACTICAL PART
The formulation of a civil service ethical code, code of conduct, ethical guidelines and statements of values, and ethical principles has become a common feature of the civil service in many countries (Pollitt, 2003). Frontrunners have been countries like New Zealand, Australia, the United Kingdom and Canada but this aspect of reform is now spreading to many other countries (Kernaghan, 2003). The brief analysis of this comparative table (Table 2) shows the existence of all channels of distributing of values or code of ethics as a kind of official document stated values in the United Kingdom. Moreover, the current dataset describes the 2000-year, this fact underline once more the degree of maturity and sophistication of British ethical policy.
Table 2
Communicating core values in OECD countries
Country |
Values automatically provided |
Part of employment contract |
Distributed after revision |
Provided in new position |
Communicated by new technology |
Other measures used |
|
Australia |
? |
? |
- |
? |
? |
? |
|
Austria |
- |
- |
- |
- |
? |
? |
|
Canada |
? |
? |
- |
- |
- |
- |
|
Czech republic |
? |
? |
- |
? |
?? |
- |
|
Danemark |
- |
- |
- |
- |
- |
? |
|
Finland |
- |
- |
- |
- |
- |
? |
|
France |
- |
- |
- |
- |
- |
? |
|
Germany |
- |
- |
- |
- |
? |
? |
|
Greece |
+ |
- |
- |
- |
+ |
- |
|
Hungary |
? |
? |
- |
- |
? |
? |
|
Ireland |
? |
? |
? |
? |
- |
- |
|
Iceland |
- |
? |
- |
- |
- |
? |
|
Italy |
? |
? |
- |
? |
? |
- |
|
Japan |
? |
- |
- |
- |
- |
? |
|
Korea |
? |
- |
? |
- |
- |
? |
|
Luxembourg |
? |
- |
? |
- |
? |
- |
|
Mexico |
- |
- |
? |
- |
- |
- |
|
Netherland |
? |
? |
? |
- |
? |
- |
|
Norway |
? |
- |
- |
? |
- |
? |
|
Poland |
? |
? |
- |
- |
- |
? |
|
Portugal |
? |
- |
? |
- |
? |
? |
|
Spain |
? |
- |
- |
? |
- |
? |
|
Switzerland |
? |
- |
? |
- |
? |
- |
|
Turkey |
? |
- |
? |
? |
- |
? |
|
United Kingdom |
? |
? |
? |
? |
? |
- |
|
United States |
? |
? |
- |
? |
? |
- |
?? |
Yes |
|
- |
No |
|
+ |
Project |
|
? |
Depends on the agency |
|
?? |
Depends on technical facilitiesIn Belgium, New Zealand and Sweden values are not communicated in a systematic or centralised way |
Source: OECD, 2000
Thus, the consideration of the Great Britain was chosen as an example of the best practice. The general snapshot (Table 3) gives a general comparative vision of the Russian and British civil service.
Table 3
The Civil Service overview
Country |
Population, m |
Size of Civil Service |
Size as % of population |
No of Cabinet Ministers |
No. Political Advisers |
Advisers per Minister |
|
UK |
62,64 |
444,000 |
0,7% |
22 |
83 |
3,8 |
|
Russia |
142,9 |
1603,700 |
1,1% |
29 |
59 |
2 |
Based on World Bank and national statistics, 2011
However, the snapshot just highlights the very general indicators and could not be a key to the question of ethics. The list of legal prohibitions and restrictions for public officials tends to be the same in both countries. It includes the following aspects:
· Violation of confidentiality; unauthorized use of confidential information;
· Exercising influence in return for inducements;
· Prohibition of accepting gifts/benefits;
· Restriction on political activity;
· Making false statements to mislead officials; falsifying public documents.
The effectiveness and efficiency of administration is seeing through an international comparison index that describes the overall situation in each country (Figure 3). The complexity of such integral index allows comparing countries on civil service development and ethics as a part of it.
Green - UK, Red - Russia, Black - world average level
Figure 3 The economic freedom index in dynamic: UK-Russia comparison
Source: Heritage Foundation (2013)
Next, we will consider two contexts, namely the change and transformation of state civil service in Russia and the UK. Realizing the impossibility of the way of blind copying of best practices (for best practice undertakes British experience of ethical regulation), general focus will be on the level of ideas and perceptions of the ethical dimension of reform, rather than specific organizational forms. However, the outlook is an integral part of any reform process, which represents a common vision of the desired situation, creates a systematic approach towards issues in focus. Thus, lighting ideas, concepts and current trends will be closely analysed from the "reality": the organizational structures and regulations.
The Russian experience is given as a starting point of consideration. This can be explained due to the order based on the following assumptions: 1) blind copying of best practices is an improper way; 2) there is a need to analyse the current state for the purpose of diagnosing weaknesses; 3) the process of identification of weaknesses should be implemented in order to narrow the search of possible solutions.
Section 5. Russian context
The civil servants were in a situation of moral vacuum after the collapse of the Soviet Union (Konov, 2005). However, the starting point commences with the consideration of sociological results 2002-2009 (Table 4). People have shown intolerance that can be seen from the increase of the percentage of notion «Try to keep away from the authorities». However, ethical component may help initiate the trust of citizens in relation to these institutions. This issue is relevant, since a large part of citizens trying to stay away from the authorities and do not trust them.
Table 4
The reaction of the public against government in the everyday life, %
Type of reaction |
2002 |
2005 |
2007 |
2008 |
2009 |
|
Usually favour, support the actions of the authorities |
10,7 |
8,7 |
11,4 |
22,7 |
15,0 |
|
Usually forced to adapt |
41,0 |
46,9 |
37,4 |
40,7 |
35,8 |
|
Try to keep away from the authorities |
28,9 |
27,2 |
26,3 |
23,5 |
30,5 |
|
Treated with hostility; counteract them when it's possible |
6,5 |
7,2 |
3,7 |
4,3 |
7,3 |
|
Undecided |
12,9 |
10,0 |
21,2 |
8,8 |
11,4 |
Adopted from Irkhin, Yu. (2011)
One way or another, the actual core of ethical regulations in Russia is represented in the following legal acts: Federal law №79-FZ, Federal law №58-FZ, and Presidential decree №885. Thus, for example, the 79-FZ in part of ethics contains articles about main duties of a civil servant, prohibitions related to the civil service, requirements for official conduct of a civil servant, and settlement of the conflict of interests in the civil service. The Federal Law №58-FZ and the Federal Law №79-FZ form the legal framework for civil servants in the Russian Federation.
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