Definition and model of civil service of the Republic of Lithuania in 1918–1940
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Abstract
įkeitimas, hipoteka, The establishment of the modern civil service of Lithuania could be associated with the year 1918 when the Republic of Lithuania regained independence and started to organise the civil service from the very beginning. It was a difficult task for Lithuania because of a long-lasting occupation of the Russian Empire as cultural, political and legal heritage has an influence on the development of civil service model.
The article discusses definition and model of the civil service of the Republic of Lithuania in 1918–1940. After analysing laws an author concluded that the civil service of the interwar Lithuania had a wide definition: it was understood as an activity of all civil servants performing delegated functions. The definition of civil servant was applied to all persons who were working (serving) in the state institutions and organisations and receiving a salary from the state budget. There was no difference between those who had an authority of the government, those who did technical and economic works or worked by profession (medical doctors, teachers). But civil service was separated from municipal civil service and officially municipal civil servants were not equated with civil servants even though legal regulation of both services was quite similar.
After regaining of independence in 1918 the laws of the Russian Empire remained valid in Lithuania if they did not contradict the Constitution and were not replaced by national laws. Although the legal regulation of civil service of the Russian Empire was detailed, it is complicated to state that Lithuania used the Russian laws of the civil service. First of all, state administrative organisation was different, there were different state institutions. Lithuania aimed to establish the civil service based on other principles. So these laws did not match the reality. Only the 1903 Russian Criminal Statute was directly applied. It regulated criminal responsibility for crimes against the civil service (corruption, falsification of documents and others). The author concluded that the career civil service model of the Russian Empire was not directly applied to the model of Lithuanian civil service.
In the second part of the article the author analyses the civil service model of the interwar Lithuania. Although the development of the civil service (system) was not a priority task of the state, a specific model of the civil service was established. This model could be defined as a mixed model of the civil service which had elements of both career and position models. Elements of the career model can be found in the regulation of material and social welfare of civil servants, in their right to career and lifelong civil service. Elements of the position model can be identified in recruitment to the civil service (almost not regulated by the laws) and training of civil servants.
The article discusses definition and model of the civil service of the Republic of Lithuania in 1918–1940. After analysing laws an author concluded that the civil service of the interwar Lithuania had a wide definition: it was understood as an activity of all civil servants performing delegated functions. The definition of civil servant was applied to all persons who were working (serving) in the state institutions and organisations and receiving a salary from the state budget. There was no difference between those who had an authority of the government, those who did technical and economic works or worked by profession (medical doctors, teachers). But civil service was separated from municipal civil service and officially municipal civil servants were not equated with civil servants even though legal regulation of both services was quite similar.
After regaining of independence in 1918 the laws of the Russian Empire remained valid in Lithuania if they did not contradict the Constitution and were not replaced by national laws. Although the legal regulation of civil service of the Russian Empire was detailed, it is complicated to state that Lithuania used the Russian laws of the civil service. First of all, state administrative organisation was different, there were different state institutions. Lithuania aimed to establish the civil service based on other principles. So these laws did not match the reality. Only the 1903 Russian Criminal Statute was directly applied. It regulated criminal responsibility for crimes against the civil service (corruption, falsification of documents and others). The author concluded that the career civil service model of the Russian Empire was not directly applied to the model of Lithuanian civil service.
In the second part of the article the author analyses the civil service model of the interwar Lithuania. Although the development of the civil service (system) was not a priority task of the state, a specific model of the civil service was established. This model could be defined as a mixed model of the civil service which had elements of both career and position models. Elements of the career model can be found in the regulation of material and social welfare of civil servants, in their right to career and lifelong civil service. Elements of the position model can be identified in recruitment to the civil service (almost not regulated by the laws) and training of civil servants.
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