This article provides a retrospective look at the problems of ethics in the independent state of Lithuania, the period of Soviet Union and after the re-establishment of Lithuania's independence. In this article, the author analyses the changing problems of ethics (red-tape, conflict of interest, bribery, abuse of authority, protectionism, corruption) in the Lithuanian public services in terms of their content, extent and forms. Although certain periods of time are characterised by smaller or larger individual problems, their essence remained almost the same throughout different stages of the public service. This conclusion points to the need to analyse the impact of Lithuanian political and administrative culture on public service ethics and other phenomena of public management. ; Šiame straipsnyje pateikiamas retrospektyvus žvilgsnis į etikos problemas nepriklausomoje Lietuvos valstybėje Sovietų Sąjungos laikotarpiu ir po Lietuvos nepriklausomybės atkūrimo. Straipsnyje nagrinėjami valstybės tarnybos etikos problemų (biurokratizmo, interesų konflikto, kyšininkavimo, piktnaudžiavimo tarnybine padėtimi, protekcionizmo, korupcijos), turinio, mastų ir formų pokyčiai. Nors atskiros problemos buvo daugiau ar mažiau būdingos tam tikram laikotarpiui, jų esmė skirtingais valstybės tarnybos etapais beveik nepakito. Tai rodo poreikį tyrinėti Lietuvos politinės ir administracinės kultūros įtaką valstybės tarnybos etikai ir kitiems viešojo valdymo reiškiniams.
Corruption is an old social phenomenon intrinsic to governments, individuals, organizations, and countries, both developed and developing. Despite sustained efforts of many states and international organizations to curb it, corruption as an ethical and legal problem still exists. The author aim at tackling the phenomena of corruption and responsibility not only at a theoretical level but also with attempts to model possibilities fighting corruption and increasing public servants responsibility. Paper starts with proposition that media role informing the public about corrupt behaviour of elected and appointed officials are controversial in Lithuania as it creates the feeling of helplessness, mistrut, etc. Detailed analyses of various concept of corruption are provided together with conclusion on three developing tendencies trying to define this social phenomenon. 1)Term was expanded from seeking private towards organizational or group benefit from the corrupt deal (personal/group interests). 2) Attention of researchers and practitioners moved from solely public towards private, non-profit sectors as well (traditional/modern definition). 3) The context of the problem had changed together with globalisation and internationalisation processes (national/global). Political, administrative, private and international types of corruption are distinguished, naming several forms of corrupt conduct (bribe, missue of official position, conflict of interest, etc.). [.]. ; Straipsnyje gvildenama korupcijos ir atsakomybės viešojo administravimo sistemoje tema. Analizuojama korupcijos sąvoka, išskiriant jos kitimo tendencijas, atskleidžiamas korumpuotos veikos turinys. Detalizuojant korupcijos tipus ar formas, atskiras dėmesys skiriamas korupciją paaiškinti bandančioms teorijoms. Akcentuojama administracinės atsakomybės svarba bei būdai ją didinti antikorupcinės politikos kontekste.
The situation of conflict of interest may appear in activity of every professional irrespective of affiliation to public, private or nongovernmental sector. The consequences of conflict of interests is biased, subjective and nontransparent decision, improper fulfillment of prescribed duties, falling standards and decreased public trust not just in politicians or civil servants but in public institutions and government. The notion of conflict of interests varies but in this paper the following definition is used. Conflict of interest is a situation in which a person (in this paper politician or public official) has a private or other interest which is such as to influence, or appear to influence, the impartial and objective performance of his / her official duties. Research of this problem can be described as moving from legalistic towards more general understanding. The topic is interdisciplinary and can be analyzed from the political science, public administration, ethics or management perspective. Analyses of the practice allowed researchers to distinguish the third type of such conflict of interest – the apparent conflict-to the existing or potential conflict of interests. Development of society and changed surrounding of government activity increased the potential risk areas (gift giving, hospitality, bribery, contracts, trading information, etc.) for such situation to appear. In the past few decades increasing perceptions of falling ethical standards in legislatures, executive or ordinary public officials activity (scandals, misbehavior) have led in many advanced democracies to the introduction of ethics frameworks for elected or appointed officials. In order to give priority to public interest and properly perform public duties some regulation can be applied. 1) Prohibitions on the performance of certain functions, and/or the holding of certain positions or certain interests by public officials. 2) The establishment of duties of public officials to declare interests they have, either generally or in specific cases. 3) Exclusion or self-exclusion of public officials from participation in decision-making processes or matters where they are subject to a conflict of interest. These regulations are generally established and implemented through three main instruments: civil service legislation, conflict of interest legislation and codes of ethics / codes of conduct. The historical development of Lithuanian society in XIX and XX century was not in favor to develop clear sense of drawing the line between public and private interest but during the interwar Lithuanian Republic period few attempts to prohibit such conflict of interest were taken. The legislation prohibited holding a few offices and to employ relatives. Some current Lithuanian legislation directly some indirectly (Public Service Act, Seimas' Statute, etc.) try to control similar situation which may turn into corrupt acti-vity or misuse of public office for private or other interests. The first special legislation prohibiting conflict of interests was issued in 1997. The Law on the Compatibility of Public and Private Interests in the Public Service underwent three main corrections. The analysis of this legislation allows concluding that the main weakness was not corrected. The usage of the term "adjust" instead of "separation" might be understood as a compromise instead of taking the stricter position dealing with the issue. The Law seeks "to adjust private and public interests, to ensure that priority is given to public interests, to strengthen impartiality of decisions and to prevent corruption in public service" and applies to both public servants and politicians. Meanwhile in other countries legislative has more ambitious goal to ensue public interest priority. The analyses of seventeen codes of ethics and codes of conduct existing in various Lithuanian public institutions showed that their authors paid some attention to this issue. Some codes refer to existing legislation; some describe general principles for conduct or try to explain how to behave in such uneasy situations. There are fundamental differences between elected officials and civil servants which have major implications for conflict of interest regulation first of all due to their different roles, term of service. Some Lithuanian legislation regulating conflict of interests apply to politicians and civil servants, some differ. As in other democracies activity of civil servants are more regulated (Public service act, law on Public administration, Ethical rules of conduct, etc.). But existing legislation does not change the situation and can not increase public trust if is not understood and properly implemented. ; Šio straipsnio tikslas yra išanalizuoti teisinį interesų konflikto reguliavimą Lietuvoje. Trumpai pristačius interesų konflikto ir su šia etikos bei teisės problema susijusias sąvokas, išskyrus interesų konflikto formas ir rūšis, pereinama prie Lietuvos atvejo analizės. Trumpą istorinį ekskursą į tarpukario Lietuvos teisinį šios problemos reguliavimą keičia dabartinio Lietuvos Respublikos viešųjų ir privačių interesų derinimo valstybinėje tarnyboje įstatymo analizė. Trys įstatymo redakcijos leidžia aptikti jo pokyčius ir juos vertinti platesniu mastu. Taip pat skiriama dėmesio šiai problemai aptarti Lietuvos viešojo sektoriaus etikos kodeksuose. Bandymai užkirsti kelią interesų konflikto situacijoms atsirasti vertinami ne tik šio, bet ir kitų teisės aktų kontekste. Analizė leidžia teigti, kad Lietuvoje, kaip ir kitose Vakarų demokratijose, valstybės tarnautojų veikla kilus interesų konfliktui yra labiau kontroliuojama nei politikų.
The situation of conflict of interest may appear in activity of every professional irrespective of affiliation to public, private or nongovernmental sector. The consequences of conflict of interests is biased, subjective and nontransparent decision, improper fulfillment of prescribed duties, falling standards and decreased public trust not just in politicians or civil servants but in public institutions and government. The notion of conflict of interests varies but in this paper the following definition is used. Conflict of interest is a situation in which a person (in this paper politician or public official) has a private or other interest which is such as to influence, or appear to influence, the impartial and objective performance of his / her official duties. Research of this problem can be described as moving from legalistic towards more general understanding. The topic is interdisciplinary and can be analyzed from the political science, public administration, ethics or management perspective. Analyses of the practice allowed researchers to distinguish the third type of such conflict of interest – the apparent conflict-to the existing or potential conflict of interests. Development of society and changed surrounding of government activity increased the potential risk areas (gift giving, hospitality, bribery, contracts, trading information, etc.) for such situation to appear. In the past few decades increasing perceptions of falling ethical standards in legislatures, executive or ordinary public officials activity (scandals, misbehavior) have led in many advanced democracies to the introduction of ethics frameworks for elected or appointed officials. In order to give priority to public interest and properly perform public duties some regulation can be applied. 1) Prohibitions on the performance of certain functions, and/or the holding of certain positions or certain interests by public officials. 2) The establishment of duties of public officials to declare interests they have, either generally or in specific cases. 3) Exclusion or self-exclusion of public officials from participation in decision-making processes or matters where they are subject to a conflict of interest. These regulations are generally established and implemented through three main instruments: civil service legislation, conflict of interest legislation and codes of ethics / codes of conduct. The historical development of Lithuanian society in XIX and XX century was not in favor to develop clear sense of drawing the line between public and private interest but during the interwar Lithuanian Republic period few attempts to prohibit such conflict of interest were taken. The legislation prohibited holding a few offices and to employ relatives. Some current Lithuanian legislation directly some indirectly (Public Service Act, Seimas' Statute, etc.) try to control similar situation which may turn into corrupt acti-vity or misuse of public office for private or other interests. The first special legislation prohibiting conflict of interests was issued in 1997. The Law on the Compatibility of Public and Private Interests in the Public Service underwent three main corrections. The analysis of this legislation allows concluding that the main weakness was not corrected. The usage of the term "adjust" instead of "separation" might be understood as a compromise instead of taking the stricter position dealing with the issue. The Law seeks "to adjust private and public interests, to ensure that priority is given to public interests, to strengthen impartiality of decisions and to prevent corruption in public service" and applies to both public servants and politicians. Meanwhile in other countries legislative has more ambitious goal to ensue public interest priority. The analyses of seventeen codes of ethics and codes of conduct existing in various Lithuanian public institutions showed that their authors paid some attention to this issue. Some codes refer to existing legislation; some describe general principles for conduct or try to explain how to behave in such uneasy situations. There are fundamental differences between elected officials and civil servants which have major implications for conflict of interest regulation first of all due to their different roles, term of service. Some Lithuanian legislation regulating conflict of interests apply to politicians and civil servants, some differ. As in other democracies activity of civil servants are more regulated (Public service act, law on Public administration, Ethical rules of conduct, etc.). But existing legislation does not change the situation and can not increase public trust if is not understood and properly implemented.
This article provides a retrospective look at the problems of ethics in the independent state of Lithuania, the period of Soviet Union and after the re-establishment of Lithuania's independence. In this article, the author analyses the changing problems of ethics (red-tape, conflict of interest, bribery, abuse of authority, protectionism, corruption) in the Lithuanian public services in terms of their content, extent and forms. Although certain periods of time are characterised by smaller or larger individual problems, their essence remained almost the same throughout different stages of the public service. This conclusion points to the need to analyse the impact of Lithuanian political and administrative culture on public service ethics and other phenomena of public management.
The aim of the paper is to compare civil servants' motivation in countries having different civil service model. The article starts with a short introduction of factors motivating civil servants. Later on differences between career-based and post models are explored, paying special attention towards motivational factors. Data from civil servant's motivational survey conducted in Lithuania 2007 allows the comparison with data form other countries. Comparative analysis proves that civil servants despite different level of economical development and civil service model are motivated and demotivated by rather similar factors. Among the motivators are salary, job security and social guarantees. Too much rules and regulations, bad leadership, political pressures have a negative impact on their motivation. ; Straipsnyje išryškintos valstybės tarnybos darbuotojus skatinančias priemonės skirtinguose valstybės tarnybos modeliuose. Remiantis 2007 m. autorės atlikto Lietuvos valstybės tarnautojų motyvacijos tyrimo rezultatais, palyginti Lietuvos ir kai kurių kitų ES šalių valstybės tarnautojus motyvuojantys veiksniai. Lyginamąja analize parodyta, kad, nepriklausomai nuo šalių ekonominio išsivystymo lygio ir valstybės tarnybos modelio valstybės tarnautojus skirtingose šalyse motyvuoja ir demotyvuoja gana panašūs veiksniai. Pateiktos įžvalgos Lietuvos valstybės tarnautojų motyvacijai kelti.
The purpose of the paper is to analyze the spread of corruption in Lithuania. The overview of studies and researches conducted in Lithuania allows a few observations. Research on corruption not only demonstrates the seriousness of the problem but also seeks to acknowledge its reasons and sensitive spheres. Lithuanian case study on corruption does not give a clear answer to the question whether corruption influences the economical and political development of the country or malfunction of the economic and political system creates the fertile ground for corrupt practices. Culture of blat, mutual obligations, and informal networks have not disappeared with the old system but have been transformed into new forms adapting to new circumstances. Unclear division between public-private relations, disrespect to state, authorities and law, tolerance to socially dubious practice is often observed in various spheres. It is shown that transformation to the market economy has not abolished existing social maladies but in some cases leads to new forms of corrupt practice. Process of privatization opened possibilities for free market, private initiative, and public money. Simultaneously, privatization allowed public servants - the old nomenclature, and politicians using official position, information, personal relationships and old contacts - to become richer at the expense of the rest of the society. If a corruptive behavior is based on internalized moral norms and is considered as "a part of the game", it is not easy to change. If morality is the problem, then the law may not be the first and the best answer. It is much easier to have a political will to solve institutionalized corruption by changing administrative practice, motivation, mechanisms of control and reassessment of pay system for officials. ; Korumpuotos visuomenės etiketė dažnai bandoma klijuoti jaunoms Rytų ir Vidurio Europos demokratijoms. Straipsnyje analizuojama, kiek šis neigiamas reiškinys paplitęs Lietuvos visuomenėje. Į korupciją pereinamojo laikotarpio visuomenėse žvelgiama bendro korupcijos klausimų diskurso kontekste. Remiantis atskirų sričių mokslininkų darbais ir Lietuvoje vykdytų tyrimų rezultatais, bandoma nubrėžti ribą tarp sovietmečio palikimo ir rinkos ekonomikos padiktuotų taisyklių bei gyvenimo būdo įtakos korupcinės veiklos praktikai, akcentuojant, kad dėl šių įtakų susipypinimo tai nėra lengvas uždavinys.
The concept of state capture, which is widely used when speaking about corruption in transitional democracies, defines illegitimate and non-transparent influence on state policy development. Though widely-spread in Lithuania, this phenomenon still has not been studied thoroughly by Lithuanian scholars. The phenomenon of state capture in Lithuania is analyzed in this article emphasizing three main aspects: its' prevalence, forms and reasons. After the short introduction on state capture the authors analyze this phenomenon using the Lithuanian case study, which is based on the analyses of legal acts, other surveys, scientific papers, and the interview with representatives of the Transparency International Lithuanian Chapter. The analysis showed that level of state capture in Lithuania decreased during the period of 1999 – 2002 but increased in 2005; however, there are not enough data to confirm the latter conclusion. Institutions mostly affected by state capture are legislative (Seimas), executive (Government), judicial and political parties. Business enterprises, separate individuals and foreign countries (especially Russia) sought to influence the formation of public policy in corrupt ways in Lithuania. ; Straipsnyje analizuojama pereinamojo laikotarpio šalyse paplitusios ir politikos formavimą veikiančios specifinės korupcijos formos - valstybės užvaldymo - problema Lietuvoje. Pateikus problemos teorinį diskursą, parodoma valstybės užvaldymo paplitimas Lietuvoje ir jo formos pagal dvi skirtingas klasifikacijas. Akcentuojamos politinės ir ekonominės šios korupcijos formos priežastys, atskirai aptariamas pilietinės visuomenės vaidmuo kovoje su valstybės užvaldymu.
The article analyses corrupt practices inherent in public procurement. The existence of the different types of corruption enables authors to examine various cases of corrupt behaviour and motivation for corruption. A comparative analysis of public procurement legislation allows the authors to identify changes in the public procurement process after Lithuania joined the European Union. The study is primarily focused on the objectives of the legislation, types of public procurement, ethics and changes in the public procurement processes. After defining corruption in public procurement, the authors examine the public procurement legislation in Lithuania. The following research methods were used in this study: logical analysis and synthesis, analysis of scientific literature, comparative analysis and content analysis of the legislation. [.]
The article analyses corrupt practices inherent in public procurement. The existence of the different types of corruption enables authors to examine various cases of corrupt behaviour and motivation for corruption. A comparative analysis of public procurement legislation allows the authors to identify changes in the public procurement process after Lithuania joined the European Union. The study is primarily focused on the objectives of the legislation, types of public procurement, ethics and changes in the public procurement processes. After defining corruption in public procurement, the authors examine the public procurement legislation in Lithuania. The following research methods were used in this study: logical analysis and synthesis, analysis of scientific literature, comparative analysis and content analysis of the legislation. [.]
The article analyses corrupt practices inherent in public procurement. The existence of the different types of corruption enables authors to examine various cases of corrupt behaviour and motivation for corruption. A comparative analysis of public procurement legislation allows the authors to identify changes in the public procurement process after Lithuania joined the European Union. The study is primarily focused on the objectives of the legislation, types of public procurement, ethics and changes in the public procurement processes. After defining corruption in public procurement, the authors examine the public procurement legislation in Lithuania. The following research methods were used in this study: logical analysis and synthesis, analysis of scientific literature, comparative analysis and content analysis of the legislation. [.]
The article analyses corrupt practices inherent in public procurement. The existence of the different types of corruption enables authors to examine various cases of corrupt behaviour and motivation for corruption. A comparative analysis of public procurement legislation allows the authors to identify changes in the public procurement process after Lithuania joined the European Union. The study is primarily focused on the objectives of the legislation, types of public procurement, ethics and changes in the public procurement processes. After defining corruption in public procurement, the authors examine the public procurement legislation in Lithuania. The following research methods were used in this study: logical analysis and synthesis, analysis of scientific literature, comparative analysis and content analysis of the legislation. [.]
The aim of the article is to reveal the results of research of Lithuanian public servants motivation, which was conducted in early 2010 as an integral part of public servants motivation research conducted in 12 countries. The results of the research revealed, that a larger part of respondents were minded to participate in public life, sympathized to others and were prepared to sacrifice for them and welfare of the society. Not all respondents were certain, that the main purpose of their activity was serving for the good of the society. Goodwill, sympathy, a wish to help needy people, aspiration for justice were not strange to respondents, but they were not ready to suffer individual losses for this. Younger respondents and those whose work experience in public service was short, were less ready to compassionate others or to sacrifice for them. Although new methods and means (absorbed form the private sector) are applied in the public sector, the great responsibility, the duty to care for welfare of all society and public interest cannot be forgotten. These factors must be taken into account in the processes of public servants training and their socialization at work place.http://dx.doi.org/10.5755/j01.ppaa.10.1.234
Article concentrates on students' internships, which provide them with a possibility to apply theoretical knowledge in practice. The purpose of the paper is to analyze and evaluate the legal aspects of internship organized for Public Administration (PA) programme students and their practical application in Lithuania. The analysis of internship regulations in 5 universities, having PA Bachelor's programme, allows distinguishing a number of similarities and differ-rences. The analysis of legal acts, universities' internal regulations and students' internship regulations of several Lithuanian study programmes in Public Administration indicates the lack of unified students' internship system. The authors provide several ideas how this topic can be elaborated in the future.http://dx.doi.org/10.5755/j01.ppaa.10.1.231
