Tarnybinė teisė ir naujoji valstybės tarnybų (institucijų) valdymo paradigma

Knygoje nagrinėjamos vakarų demokratinių nuostatų įtvirtinimo problemos plėtojant vadybinės, socialiai orientuotos Lietuvos valstybės pagrindus. Keičiantis valstybės, verslo ir nevyriausybinių organizacijų sąveikos modeliui, iš esmės keičiasi ir tradiciškai laikomų konservatyviomis institucijomis – statutinių valstybės tarnybų administravimas. Mokslinio tyrimo metodais darbe atskleidžiamos šių sektorių partnerystės prielaidos, teisinio reglamentavimo tendencijos kuriant vakarietišką gerovės valstybę. Autorius tikisi, kad knyga sudomins ir studentus, ir praktikus, nes pateiktos ne vien tik hipotezės, išsamiau nagrinėtinos temos, bet ir praktikos mokslinių tyrimų duomenys, pasiūlymai, kaip spręsti valstybės tarnybai ir verslui kylančius tarpusavio sąveikos plėtros klausimus.The starting point of social processes studies is a consistent pattern of social development revealed by human theories. These are universal requirements which are to be obeyed by state statutory services. The reform based on a social consistent pattern is the main guarantee of its success. A new public administration supposing democratic legitimacy and market mechanisms is a feature of a new administrative paradigm of state statutory services analysed in this study. Academic necessity to analyse state service and business, interaction between public and private interests in a new state services administration context was an unofficial trigger for this study to appear. The author raises a hypothesis: contrasting of public and private interests in the fields important to a society misrepresents a vision of the legal administrative state and becomes an obstacle to perform a mission entrusted by the state. The subject of the study ”Civil Service Law and Innovative Paradigm of Administration Governmental Institutions“ is a solution of the problem of interaction and competition of public and private interests by creating and reforming institutions of public administration in XXI century. The topic is too broad; therefore, the author takes as a goal to define public interest of administrative state, tendencies of implementation means development. Certain questions arise when creating and developing traditions of Westerns culture: are there any changes and if they are –towards which direction does a way of society thinking change, can we forecast tendencies of democratic state and development of society which would encourage absorbing traditions of old- timers European Union member states how to organize and create coexistence and wellbeing. The author presumes: if attitudes towards business and enterprise are not changed, a master- key to open the door to wellbeing will not be found. Process of modernisation of state statutory services by introducing methods of new public administration does not provide for a new model of public administration and can not be evaluated as a separate paradigm as there is no “pure” data on public administration according to which economic criteria in a public sector could be valid without any obstacles. Neither there are any spheres into which elements of such modernisation could not be introduced as the state just like enterprise is always supposed to act in an economic and efficient way. Therefore, the study does not present any innovative theory; it only attempts to cover gaps of modernization of activity of state statutory services. The author employs schemes and pictures to make it easier for the reader to understand the content of the book, clear the shape of the issues analysed in the study, structure the research data, and establish links between the theory and practice. Pictures No. 39 and No. 40 cover all parts of the book and serves as a matrix. Picture No. 39 and its variations reveal the essence of the study, covers chapters, subchapters and research data of the monograph and unifies them into one study. It also presents the subject of the study which is the interaction between public and private interests which marks the reason of modernization of the public administration. It also structures the main ideas of modernisation of administration. Interaction between public and private interests is defined as reason for integration of social sciences. Besides, in a wide variety of administration theory this picture helps marking the main questions which are of importance for modernization of state statutory services. The book also alerts that the main methodological task is to properly choose concepts of development in order to reform public administration and activities of these specific state institutions. The picture No. 39 attempts to draw the reader’s attention that the author has chosen three integral spheres of the issue analysis: legal regulation, innovative administration and professional ethics. They are presented in the study as instruments closely related to each other- mechanics which helps to modernize statutory service by means of securing its stability and creatively employing motivation of officers make it more flexible. Variations of the picture No. 40 help summarizing the problems analysed in the book taking into consideration its context. The author stresses that administration reforms is a complex process which covers several branches of sciences, results of interaction between elements of administration and management. Therefore, new chapters of the book focus attention on different subjects, discuss with the reader the issues related to creation of different concepts. They are bound by drafting of intellectual administration model. We present the summary of the main chapters of the book by trying to focus on presumptions of creation of concepts of stability, flexibility and motivation (see pictures 39 A, B, C). A. Tendencies of democratic legitimacy of legal regulation of state statutory services. The modern concept of the state is closely related to democracy while the content of this notion is inconstant and influenced by the development of the humanism theory and practice; it reveals human needs which emerge from values. Legal state is forming itself as a legal organizational mechanism aimed at implementing values and developing variety of human needs, starting with the lowest level- ensured guarantees for maintaining the existence like a physical life, health, etc., up to the highest culture and intellectual needs402. The modern science declares that perfection of positive law means a shift into the administration state. [...