Using foreign experience in the formation of the Kazakhstan civil service model

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Using foreign experience in the formation of the Kazakhstan civil service model

R.T. Sergaliyeva, R.O. Bugubayeva, S.B. Baybosynov

The article considers the main prerequisites for creating the Kazakhstan civil service model and organizing the civil servants activities. The authors study foreign experience in the field of organization of the civil service system in the context of creating their own model of a professional and autonomous state apparatus in the Republic of Kazakhstan. The use of foreign experience in the organization of civil service can greatly contribute to the improvement of administrative reform, to increase its effectiveness. The current state of public service, legal acts regulating the activities of civil servants and regulating the functioning of the civil service apparatus are considered. The article describes the main directions of forming a new model of civil service of the Republic of Kazakhstan and the key mechanisms of its implementation.

Keywords: public administration; civil service; civil service model; foreign experience; Kazakhstan model; administrative reform; civil servant; state apparatus; meritocracy.

Р.Т. Сергалиева, Р.О. Бугубаева, С.Б. Байбосынов. ИСПОЛЬЗОВАНИЕ ЗАРУБЕЖНОГО ОПЫТА ПРИ ФОРМИРОВАНИИ КАЗАХСТАНСКОЙ МОДЕЛИ ГОСУДАРСТВЕННОЙ СЛУЖБЫ

В статье рассмотрены основные предпосылки создания казахстанской модели государственной службы и организации деятельности государственных служащих. Авторы исследуют зарубежный опыт в сфере организации системы государственной службы в условиях создания собственной модели профессионального и автономного государственного аппарата в Республике Казахстан. Использование зарубежного опыта при организации государственной службы во многом может способствовать улучшению проведения административной реформы, повысить ее эффективность. Рассмотрены современное состояние государственной службы, нормативно-правовые акты, регулирующие деятельность госслужащих и регламентирующие функционирование аппарата государственной службы. Дана характеристика основным направлениям формирования новой модели государственной службы Республики Казахстан и ключевым механизмам ее реализации.

Ключевые слова: государственное управление; государственная служба; модели государственной службы; зарубежный опыт; казахстанская модель; административная реформа; государственный служащий; государственный аппарат; меритократия.

Effective public administration is one of the main priorities of any country, as an important condition for the implementation of the state's functions is the formation of an appropriate professional state apparatus. Domestic and foreign experts clearly note that the existing socio-economic, political and legal problems, such as the economic crisis, the growth of crime, systemic corruption, and bureaucratization of the state are largely the result of serious shortcomings in the functioning of public administration and the institution of civil service [7].

Public administration is a complex and multifaceted category that reflects the multidimensional fundamental relations in the state. In a broad sense, it is defined as the activity of the state power to regulate public relations. From this point of view, public administration is implemented through the purposeful organizing influence of public authorities on the development of various spheres of public life, taking into account the economic, political and social characteristics of the state at certain stages of its historical development [8]. Public administration is a purposeful, authoritative, organizing and administrative activity of all state bodies [4]. Public administration in the narrow sense means organizing and regulating influence carried out on a national level by special actors [6].

In this direction, the main tool is the civil service. The civil service, through specific individuals, ensures social, economic and political changes in the country. It requires constant improvement and development, as it plays an important role in the implementation of state power.

In the structure of the civil service, there are clearly two sides, two groups of relations: 1) the organization of the civil service, its training and official activities, discharging their responsibilities by each employee, which means its formation for the activity and includes a wide range of issues: the establishment of job titles and the definition of powers for each position, framing of regulations for entering the civil service, training and improving their skills, regulation on promotions, the implementation of incentives and measures of disciplinary and other responsibility, rules of service and termination of service relations.

This is a large area of relations related to personnel and has preparatory goals for practical activities. The second aspect of the civil service is the practical activity of public servants in the implementation of their powers.

public administration administrative

Table 1. Civil service models, their advantages and disadvantages

The traditions and laws of each country lay down separate requirements for the actions of the civil service, which has its originality. The peculiarities of the formation and functioning of civil service in various states are largely determined by the specifics of their development. Thus, the choice of the model of civil service in a particular country is influenced by a number of factors, including the following:

Specifics of the historical development of these countries.

Specifics of the legal system.

Specifics of the state structure [5].

Different types of civil service organization can be classified on several grounds. Most researchers reduce the variety of classical models of civil service to two main ones: Anglo-Saxon and Romano-German (continental), open and closed. The open (labor, positional) model of the civil service assumes that there is no clear legal boundary between the civil service and the economic sphere. Closed (career) model based on professionalization and elitism of the state apparatus personnel. It is more common in European countries. In this model, the bureaucracy is allocated to a special professional group, whose personnel are trained in a special way and have a special legal status (table).

The organization of the civil service is directly related to the state structure, which makes it possible to distinguish the civil service in federal and unitary states. Thus, there are 4 models of civil service:

- centralized closed model implemented in a unitary state;

- a relatively decentralized closed model implemented in a federal state;

- a relatively decentralized, open model, implemented in a unitary state;

- decentralized open model implemented in a federal state.

The Republic of Kazakhstan does not have any autonomies, we have one Constitution, one system of legislation, one financial and tax system. In our state structure, it is more effective to consider and analyze the centralized closed model and the relatively decentralized open model that are implemented in a unitary state.

The centralized closed model can be analyzed using the example of France. The essence of the French civil service is a closed and well-regulated system of administrative career with its inherent spirit of hierarchy, caste and loyalty to the state, as well as a huge number of legal acts aimed at regulating relations in the civil service. Legal doctrine and administrative practice distinguish two concepts in public administration: an official and an employee.

An official is a person appointed to a public office who is included in the administrative staff and has received the distinctive rank of the management hierarchy. An employee is a person who takes part in administrative service for the benefit of the state body in which he holds a certain position. The French civil service has three branches- state, territorial, and state medical institutions. The key concept of the civil service of the French Republic is the state. Sometimes the concept of staff is interpreted as a corps. French civil servants are divided into corps, categories, ranks, and stages (йchelon). The corps consists of civil servants engaged in the same professional activities (teachers, clerks, inspectors, civil administrators, diplomats, prefects, etc.). Once a civil servant joins a corps, he can remain in it for the rest of his professional life. In the system of the central administrative office of the civil service, there are about a thousand corps. Corps are divided into four categories - A, B, C, and B. Employees are assigned to the corps by category, depending on the functions they have received and the conditions for entering the civil service. Each category is characterized by the nature of the functions performed.

The highest category A is determined by the staff of officials who have a master's degree and perform tasks for creating concepts and direct management of the state body.

Category B - Association of officials in the middle level who have a bachelor's degree.

Category C, D - combine corps of practical workers with lower education.

The career of a civil servant usually progresses by advancing through the ranks, stages, and positions. Promotion does not necessarily lead to promotion. Obtaining a rank is determined by the results of a competitive exam and professional qualification trainings. Promotion to the next rank also depends on length of service and certification. Promotion to a higher category is possible based on the decision of the management or after passing the competition.

In contrast to the system of hiring or open civil service, the legal status of a French career official takes into account its employer - the state, the specifics of which is different from all others, and is therefore regulated not by employment, but by administrative law and civil service law as part of it, which provides for inequality of the parties, a special procedure for resolving labor disputes, as well as additional restrictions imposed on the employee in exchange for compensation - both non-pecuniary damages (the ability to serve directly to the authorities) and material [5]. In general, the model of the French civil service is of dual interest for Kazakhstan. On the one hand, it is an example of a rational administrative system in a country where historically strong traditions of centralized vertical-hierarchical administration play a significant role in social and economic life. However, these traditions themselves are clearly differ on the objective requirements of de-bureaucratization, transition to a more flexible network management, dictated by the logic of the necessary scientific and technical modernization in the conditions of opening the economy and society to the globalized external world.

A distinctive feature of the British administrative system, which is based on a decentralized open model of the civil service, is the separation of political and administrative spheres. Unlike other foreign countries, English law uses the term «civil service». In the UK, the Constitutional Reform Act states: «the civil service is an integral and key part of the government of the United Kingdom, supporting it in the day-to-day development and implementation of policies and the provision of civil services».

Traditionally, the civil service system in the UK has a number of specific features:

Political apathy. Civil servants must be impartial in all aspects that arise in the civil service.

Hierarchical pattern. The British system has a structural classification: officials are divided into several main groups: the first - a group of senior political and administrative leaders; the second group - administrative-includes two stages: an administrative student and a senior executive; the third group unites professional scientific workers and technical specialists.

Caste. Inequality in entering the civil service, which is expressed in the promotion and acceptance of persons from privileged universities.

Irremovability. A certain quota of civil servants retains their positions in the event of the resignation of the current government [9].

The civil service in England is currently managed by the Prime Minister, Cabinet and Parliament. It is regulated not by laws, but by orders of the Council, as well as by orders of the Ministry of Finance and other ministries, within its sphere of competence. The civil service is divided into internal and diplomatic.

Training for the civil service in the UK is focused primarily on improving the quality of services provided by civil servants, who must develop managerial skills and have leadership potential. Thus, the reforms of the civil service of Kazakhstan are going in the direction that coincides with the development trends of the UK civil service.

The presented analysis makes it possible to determine what kind of experience, which of the concepts of reform and to what extent they can be adapted in our Republic, allows us to better understand the logic of reforming the Kazakh model of civil service and determine ways to improve its efficiency.

To date, Kazakhstan has already formed sufficiently effective model of civil service, taking into account international experience in this field, which has shown that the basis of civil service in democratic states is meritocracy - a system based on the personal merits of a public servant, including such elements as:

- compulsory competitive selection for admission and promotion in the civil service;

- legal and social protection of civil servants;

- equal pay for performing equivalent work;

- encouraging public servants who achieve effective results in their activities;

- continuous training of civil servants in order to improve their performance.

From 1991 to the present day, as part of the administrative reform, the civil service has been gradually transformed. Over the years, Kazakhstan has been searching for an appropriate model of civil service functioning that meets the new conditions. First of all, they abandoned administration-by-fiat management system and carried out large-scale structural transformation. In the Republic of Kazakhstan, the choice to build a democratic, market-based society was not easy and was accompanied by a structural transformation of the state administration system and the economy.

In October 1997 the first President of the Republic of Kazakhstan in his Address to the people of the country presented «Kazakhstan - 2030» Strategy defined such strategic directions as a compact highly qualified state apparatus, the introduction of a system of meritocracies - when applying for civil service and further promotion, take into account the labor merits of a public servant, strengthening the fight against corruption offenses, raising the image of the civil service in society, impeccable, loyal and conscientious service to the people and the Homeland of public servants, which was the beginning of the first reform of the civil service.

On September 18, 1998, by a decree of the President of the Republic of Kazakhstan, the Agency for civil service Affairs of the Republic of Kazakhstan was established for the first time in the post-Soviet space, which still contributes to the implementation of the Kazakh model of civil service.

In 1999, after the adoption of the Law of the Republic of Kazakhstan «About state service» in a short time the Agency has developed projects of all basic legal acts, in accordance with the acts, the corps of public servants was divided into political and administrative civil service, qualification requirements of administrative civil servants were approved, a competitive system for selecting citizens for civil service, a system of electronic testing and certification of civil servants were introduced, standards for the provision of civil services were approved.

On July 21, 2011 by Decree of the President of the Republic of Kazakhstan adopted the Concept of a new model of civil service of the Republic of Kazakhstan which launched the second reform of the civil service. During the second reform, when selecting and career changes of personnel, it became necessary to create an improved model of civil service based on the principle of meritocracy, taking into account their merit and relevance, that is, transparency and democracy.

The concept of the new model of the civil service of the Republic of Kazakhstan was designed for the period from 2011 to 2015. The results of the implementation of the Concept are:

- improving the procedure for entering the civil service;

- further development of the training system for civil servants;

- implementation of the system of evaluation and career planning, improvement of the system of motivation of civil servants;

- improvement of the civil service personnel management process;

- improvement of ethical standards in the civil service;

- improving the quality of government services;

- formation of a positive image of the civil service [1].

Increasing public demand and changing the goals and objectives set for the state became the basis for the adoption of the new Law «On civil service of the Republic of Kazakhstan» in 2015.

On January 1, 2016, the new Law «On civil service of the Republic of Kazakhstan» was brought into force. The law defines the legal basis for the transition to a career model of civil service in Kazakhstan.

The new career model of civil service implies:

- selection for a higher-level vacant position by conducting an internal competition among governmental bodies and a general competition for lower-level positions;

- when a civil servant passes an internal competition, his/her strengths and weaknesses are known about the candidate;

- a young civil servant can plan his career advancement, which is extremely important for his mental condition and professional development, allows him to confidently look into the future and build a long-term career in the civil service;

- individual work plans are approved for all civil servants, according to which they will be evaluated on a quarterly and annual basis;

- the results of the evaluation will directly affect salary;

- a probationary period of 3 months is established for civil servants who have entered the civil service for the first time;

- in order to increase the transparency of competitions, the new legislation establishes a 5-day period for appealing the results of competitive selection;

- appeal commissions in the Ministry and territorial departments, to consider complaints from candidates and protect their rights are created.

The key third stage of civil service reform is currently being implemented as part of the Nation Plan. Since the implementation of the Nation Plan, the number of employees who have moved up the career ladder has increased 4 times. At the same time, the quality of civil servants has increased.

Since 2018, pilot projects on a new system of remuneration for civil servants based on a point factor scale are being actively implemented. New mechanisms and forms of work on processes digitalization in government agency, consolidation of administrative resources and involvement of the population in solving the problems facing society have also been introduced.

The experience of transformations in Kazakhstan has shown that the destruction of the old administrative state apparatus does not lead to the automatic emergence of a new model of civil service, a set of measures aimed at radical renewal is needed.

The goal was to gradually create a normal legal framework, to create a system of public administration and civil service adequate to market relations, as well as to involve the population in the process of reforms, which subsequently led to a complete modernization of the model of civil service in Kazakhstan [2]. Thus, the study of positive experience of foreign civil service systems allowed to conclude that the application of best foreign practices can contribute to the formation of an effective model of public service of the Republic of Kazakhstan. However, current trends and challenges in the world dictate the need for a permanent transformation of the civil service.

President of Kazakhstan Kasym-Zhomart Tokayev at a meeting with citizens who passed in the Presidential personnel reserve noted: «Kazakhstan needs a new model of civil service that is effective and fair and adequate to the needs of society. At the same time, it should be based on the use of the most modern technologies». The result of successful implementation of all the tasks set should be a professional modern civil service, focused on results, as well as corresponding to the current needs of the state's socioeconomic development.

References

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Список литературы

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