A civil servant may take part in strikes. Chapter III. Fundamentals of the legal status of a civil servant

Article 9. Rights of a civil servant

1. A civil servant has the right to:

1) familiarization with the documents defining his rights and obligations in the public position of the civil service, the criteria for assessing the quality of work and the conditions for promotion, as well as organizational - specifications necessary for the execution official duties;
2) obtaining, in the prescribed manner, information and materials necessary for the performance of official duties;
3) visits in accordance with the established procedure for the performance of official duties of enterprises, institutions and organizations, regardless of the form of ownership;
4) decision-making and participation in their preparation in accordance with official duties;
5) participation on their own initiative in the competition for filling a vacant state position in the civil service;
6) promotion, increase in salary, taking into account the results and length of service, skill level;
7) familiarization with all the materials of his personal file, reviews of his activities and other documents before entering them into the personal file, attaching his explanations to the personal file;
8) retraining (retraining) and advanced training at the expense of the relevant budget;
9) pension provision, taking into account the length of service in the civil service;
10) conducting an official investigation at his request to refute information discrediting his honor and dignity;
11) association in trade unions (associations) to protect their rights, socio-economic and professional interests;
12) making proposals to improve the public service in any instances.

2. A civil servant has the right to apply to the relevant state bodies or to the court to resolve disputes related to public service, including on issues of conducting qualification examinations and attestation, their results, the content of the issued characteristics, admission to the civil service, its passage, the exercise of rights civil servant, transfer to another public office civil service, disciplinary liability of a civil servant, non-compliance with guarantees of legal and social protection civil servant, dismissal from public service.

Article 10. Main duties of a civil servant

The civil servant must:

1) to ensure the support of the constitutional order and the observance of the Constitution Russian Federation, the implementation of federal laws and laws of the constituent entities of the Russian Federation, including those regulating the scope of its powers;
2) conscientiously perform official duties;
3) ensure observance and protection of the rights and legitimate interests citizens;
4) to execute orders, instructions and instructions of superiors in the order of subordination of managers, given within their official powers, with the exception of illegal ones;
5) within the scope of their official duties, consider in a timely manner the appeals of citizens and public associations, as well as enterprises, institutions and organizations, state bodies and local governments, and take decisions on them in the manner established by federal laws and laws of the constituent entities of the Russian Federation;
6) comply with the rules of internal work schedule, job descriptions, the procedure for working with service information;
7) maintain a level of qualification sufficient for the performance of their duties;
8) to keep state and other secrets protected by law, as well as not to disclose information that has become known to him in connection with the performance of official duties, affecting the private life, honor and dignity of citizens.

Article 11. Restrictions related to public service

1. A civil servant is not entitled to:

1) engage in other paid activities, except for pedagogical, scientific and other creative activity;
2) be a deputy of the legislative (representative) body of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, local governments;
3) engage entrepreneurial activity personally or through proxies;
4) be a member of the governing body commercial organization, unless otherwise provided by federal law or if, in accordance with the procedure established by federal law and the laws of the constituent entities of the Russian Federation, he is not instructed to participate in the management of this organization;
5) be an attorney or representative for third parties in a state body in which he is in the public service or which is directly subordinate or directly controlled by him;
6) use for non-official purposes the means of material - technical, financial and information support, other state property and service information;
7) receive royalties for publications and speeches as a public servant;
8) receive from individuals and legal entities remuneration (gifts, cash remuneration, loans, services, payment for entertainment, recreation, transportation costs and other remuneration) associated with the performance of official duties, including after retirement;
9) accept awards, honorary and special titles without the permission of the President of the Russian Federation foreign countries, international and foreign organizations;
10) go on business trips abroad at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties Russian Federation or on a mutual basis by agreement federal bodies state power and state authorities of the constituent entities of the Russian Federation with state bodies of foreign states, international and foreign organizations;
11) take part in strikes;
12) use his official position in the interests of political parties, public, including religious, associations to promote attitudes towards them. Structures of political parties, religious, public associations, with the exception of trade unions, cannot be formed in state bodies.

2. A civil servant is obliged to transfer to trust management under the guarantee of the state for the duration of the civil service the shares (blocks of shares) in his ownership in authorized capital commercial organizations in the manner prescribed by federal law.

Article 12

1. A citizen, upon entering the civil service, as well as a civil servant, in accordance with federal law, are annually obliged to submit to the state tax service bodies information on their income and property owned by them, which are objects of taxation.

2. The information specified in this article, received by the state tax service bodies, constitutes an official secret.

Article 13. Incentives for a civil servant

For the successful and conscientious performance by a civil servant of his official duties, long and impeccable service, the performance of tasks of particular importance and complexity, various incentives are applied to him. The types of incentives and the procedure for their application are established by federal laws and laws of the constituent entities of the Russian Federation.

Article 14. Responsibility of a civil servant

1. For non-fulfillment or improper fulfillment by a civil servant of the duties assigned to him (official misconduct), the following disciplinary sanctions may be imposed on a civil servant by a body or head that has the right to appoint a civil servant to a public position in the civil service:

1) remark;
2) reprimand;
3) severe reprimand;
4) warning about incomplete service compliance;
5) dismissal.

2. A civil servant who has committed an official misconduct may be temporarily (but not more than for a month), until the issue of his disciplinary responsibility is resolved, suspended from the performance of official duties with the preservation of a monetary allowance. The removal of a civil servant from the performance of official duties in this case is carried out by order of the head specified in paragraph 1 of this article.

3. Procedure for application and appeal disciplinary action established by federal law.

4. If a civil servant has doubts about the legitimacy of the order he received for execution, he must immediately inform his immediate supervisor, the manager who issued the order, and a higher manager in writing about this. If the superior manager, and in his absence the manager who issued the order, confirms the specified order in writing, the civil servant is obliged to execute it, except in cases where its execution is an administratively or criminally punishable act.

Responsibility for the execution of an unlawful order by a civil servant shall be borne by the head who confirmed this order.

5. A civil servant shall bear responsibility, provided for by federal law, for actions or inaction that lead to a violation of the rights and legitimate interests of citizens.

Article 15. Guarantees for a civil servant

1. A civil servant is guaranteed:

1) working conditions that ensure the performance of his official duties;
2) allowance and other payments provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation;
3) annual paid leave;
4) medical service him and his family members, including after his retirement;
5) retraining (retraining) and advanced training with the preservation of the monetary content for the period of study;
6) the obligation to obtain his consent to transfer to another state position in the civil service, except as otherwise provided by federal law;
7) pension provision for length of service and pension provision for members of the family of a civil servant in the event of his death, which occurred in connection with the performance of his official duties;
8) compulsory state insurance in case of damage to health and property in connection with the performance of his official duties;
9) compulsory state social insurance in case of illness or disability during the period of his public service;
10) protecting him and his family members from violence, threats, other misconduct in connection with the performance of his official duties in the manner prescribed by federal law.

2. A civil servant, depending on the conditions of his public service, is provided in cases and in the manner established by federal laws and laws of the constituent entities of the Russian Federation, living space, official transport or cash compensation for travel expenses.

3. In accordance with the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation, a civil servant shall be reimbursed for expenses and provided with other compensations in connection with business trips, with admission to the civil service, transfer to a civil service position in another state body, assignment to civil service to another locality, as well as reimbursement of related travel and accommodation costs.

4. Expenses related to the provision of guarantees provided for by this article shall be made at the expense of the relevant budgets.

5. Federal laws and laws of the constituent entities of the Russian Federation may also provide for other guarantees for a civil servant.

Article 16

1. Upon liquidation government agency or reduction of his staff, if it is impossible to provide a job in the same state body, a civil servant must be offered another state civil service position in another state body, taking into account his profession, qualifications and previous position.

2. If it is impossible to find a job for a civil servant who has entered into labor contract for an indefinite period, retraining (retraining) is guaranteed with the preservation for the period of retraining (retraining) of the financial allowance for the civil service position occupied before dismissal and continuous seniority, as well as providing the opportunity to replace another public position in the civil service.

Upon dismissal in connection with the liquidation of a state body or a reduction in staff, a civil servant is paid average earnings in the previously held position for three months (excluding severance pay). In the event that a civil servant is not provided with work in accordance with his profession and qualifications, the civil servant remains in the register of civil servants (indicated in the reserve) with the preservation of continuous civil service experience for a year.

Article 17

1. The financial allowance of a civil servant consists of the official salary, bonuses to the official salary for qualifying category, special conditions of public service, length of service, as well as bonuses based on performance.

2. The size of the official salary, the amount and procedure for establishing increments to the official salary of a civil servant are determined by federal laws and laws of the constituent entities of the Russian Federation.

Article 18. Vacation of a civil servant

1. An annual paid leave of at least 30 calendar days is established for a civil servant. For certain categories of civil servants, federal laws and laws of the constituent entities of the Russian Federation establish annual paid leave longer duration. In addition to the annual paid leave, a civil servant for length of service is granted, in the manner and on the terms determined by federal laws and the laws of the constituent entities of the Russian Federation, additional paid leave.

2. Annual paid leave and additional paid leave are summed up and, at the request of a civil servant, can be granted in parts. At the same time, the duration of one part of the granted leave cannot be less than 14 calendar days.

3. A civil servant may be granted unpaid leave wages for a period not exceeding one year, unless otherwise provided by federal law.

Article 19. Pension provision of a civil servant and members of his family

A civil servant has the right to receive a pension for years of service assigned in accordance with federal law. In the event of death related to the performance of official duties by a civil servant, including those that occurred after his dismissal from the civil service, family members of the deceased are entitled to receive a pension in the event of the loss of a breadwinner. The conditions, procedure for assigning and paying the specified pension are determined by federal law.

Article 20

1. The length of service of a civil servant, which gives the right to receive a seniority bonus, additional paid leave, a seniority pension and payment of monetary remuneration upon retirement, includes the time of work (including in elected positions) in public bodies, in positions in local self-government bodies.

2. Inclusion in the seniority of civil service of a civil servant of other periods labor activity carried out in accordance with federal law and the laws of the constituent entities of the Russian Federation.

(as amended by Federal Law No. 35-FZ of February 18, 1999)

This Federal Law establishes legal framework organizations of the public service of the Russian Federation (hereinafter referred to as the public service) and the basics legal status civil servants of the Russian Federation (hereinafter - civil servants).

Chapter I. General provisions.

Article 1. Public office

1. Public position - a position in federal state authorities, state authorities of the constituent entities of the Russian Federation, as well as in other state bodies formed in accordance with the Constitution of the Russian Federation (hereinafter referred to as state bodies), with established terms of reference for the execution and provision of the powers of this state body, financial support and responsibility for the performance of these duties.

State positions are subdivided in this Federal Law into:

1) positions established by the Constitution of the Russian Federation, federal laws (public positions of the Russian Federation), constitutions, charters of the constituent entities of the Russian Federation (state positions of the constituent entities of the Russian Federation) for the direct execution of the powers of state bodies (President of the Russian Federation, Chairman of the Government of the Russian Federation, chairmen of the chambers of the Federal Assemblies of the Russian Federation, heads of legislative and executive power subjects of the Russian Federation, deputies, ministers, judges and others) - category "A" public positions.
The amount and types of allowance for persons holding state positions of category "A" are determined by federal laws and laws of the constituent entities of the Russian Federation;
2) positions established in accordance with the procedure established by the legislation of the Russian Federation to directly ensure the execution of the powers of persons replacing positions of category "A" - public positions of category "B";
3) positions established by state bodies for the execution and provision of their powers - public positions of category "B".
The list of public positions of categories "A", "B" and "C" is given in the Register of public positions in the Russian Federation.
In order to technical support activities of state bodies, their staff list may include positions that are not related to state positions.

2. Public position of the civil service - a public position of category "B" or "C", included in the Register of public positions of the public service of the Russian Federation.

The register of public positions in the civil service of the Russian Federation is part of the Register of public positions in the Russian Federation.

3. The Register of public positions of the public service of the Russian Federation includes public positions of categories "B" and "C", classified by groups. A list of specializations of public positions in the public service and qualification requirements for persons holding public positions in the public service are attached to the said Register.

The register of public positions in the public service of the Russian Federation is approved by the President of the Russian Federation.

Article 2 public service

1. Public service in this Federal Law means professional activity to ensure the execution of the powers of state bodies.
The civil service includes the performance of official duties by persons holding public positions of categories "B" and "C".

2. Public service in public positions of category "B" is limited by the period for which the relevant persons are appointed or elected to hold public positions of category "A".

3. Public service includes:

1) the federal public service, which is under the jurisdiction of the Russian Federation;
2) the public service of the constituent entities of the Russian Federation, which is under their jurisdiction.

Article 3. Civil servant

1. A civil servant is a citizen of the Russian Federation who, in accordance with the procedure established by federal law, performs duties in a public position in the civil service for a monetary reward paid out of the federal budget or the budget of the corresponding subject of the Russian Federation.

2. Civil servants of federal state authorities, state authorities of the constituent entities of the Russian Federation, as well as other state bodies formed in accordance with the Constitution of the Russian Federation, are recognized by this Federal Law as civil servants of the Russian Federation.

3. The amount of expenses for the monetary maintenance of civil servants, including expenses for compensation payments and payment for the social services provided to them, are established by the federal budget and the budgets of the constituent entities of the Russian Federation, respectively.

Article 4. Legislation of the Russian Federation on public service

1. The legislation of the Russian Federation on public service consists of the Constitution of the Russian Federation, this Federal Law, federal laws and other regulatory legal acts of the Russian Federation, as well as constitutions, charters, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Issues regulated in accordance with this Federal Law by the normative acts of the President of the Russian Federation and the Government of the Russian Federation may also be regulated by a federal law.

2. Features of the civil service in individual state bodies are established by federal laws on the basis of this Federal Law.

3. Civil servants are subject to the labor legislation of the Russian Federation with the specifics provided for by this Federal Law.

4. Civil servants filling positions of category "B" are subject to this Federal Law with the restrictions provided for in paragraph 2 of Article 2.

Chapter II. Fundamentals of the organization of public service.

Article 5. Principles of public service

The public service is based on the principles:

1) the supremacy of the Constitution of the Russian Federation and federal laws over other normative legal acts, job descriptions in the performance of civil servants' duties and ensuring their rights;
2) the priority of the rights and freedoms of man and citizen, their direct effect: the duty of civil servants to recognize, observe and protect the rights and freedoms of man and citizen;
3) the unity of the system of state power, the delimitation of subjects of jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;
4) separation of legislative, executive and judiciary;
5) equal access of citizens to public service in accordance with their abilities and professional training;
6) binding for civil servants of decisions taken by higher state bodies and managers within their powers and in accordance with the legislation of the Russian Federation;
7) the unity of the basic requirements for public service;
8) professionalism and competence of civil servants;
9) publicity in the implementation of public service;
10) responsibility of civil servants for prepared and adopted decisions, failure to perform or improper performance of their official duties;
11) non-partisan civil service; branches religious associations from the state;
12) the stability of the staff of civil servants in state bodies.

Article 6. Classification of civil service positions

1. Public positions of the civil service are divided into the following groups:

the highest state positions of the civil service (5th group);
the main state positions of the civil service (4th group);
leading public positions of the civil service (3rd group);
senior civil service positions (2nd group);
junior civil service positions (1st group);

2. Public positions of the civil service are subdivided according to specializations, providing that a civil servant has one specialization of the relevant professional education for the performance of duties in a public position of the civil service.

The specialization of state positions in the civil service is established depending on functional features public positions of the civil service and features of the subject matter of the relevant state bodies.

3. The qualification requirements for employees holding public positions in the civil service include requirements for:

1) the level of vocational education, taking into account the group and specialization of public positions in the civil service;
2) seniority and work experience in the specialty;
3) the level of knowledge of the Constitution of the Russian Federation, federal laws, constitutions, charters and laws of the constituent entities of the Russian Federation in relation to the performance of the relevant official duties.

4. Citizens applying for a public position in the civil service must have:

1) for the highest and main state positions of the civil service - higher professional education in the specialization of public positions in the civil service or education, which is considered equivalent, with additional higher professional education in the specialization of public positions in the civil service;
2) for leading and senior civil service positions - higher professional education in the specialty "state and municipal government"or by specialization of public positions in the civil service or education considered equivalent; (clause 2 as amended by the Federal Law of February 18, 1999 N 35-FZ) (see the text in the previous edition)
3) for junior civil service positions - secondary vocational education in the specialization of public civil service positions or education that is considered equivalent.

The decision to recognize education as equivalent is made by the federal agency for public service.

5. Other requirements for public positions in the civil service may be established by federal laws and laws of the constituent entities of the Russian Federation, as well as by regulatory acts of state bodies - in relation to civil servants of these state bodies.

Article 7. Qualification categories of civil servants

1. According to the results of the state qualification examination or attestation, civil servants are assigned qualification ranks.

The qualification categories of civil servants indicate the level of vocational training civil servants qualification requirements applied to civil service positions of the respective groups.

The procedure for conducting qualification examinations, assigning qualification grades and retaining them upon transfer to other public positions in the civil service, certification of civil servants is established by federal law.

2. The state qualification examination may be held at the initiative of a civil servant to assign him, based on the results of the said examination, the next qualification category without subsequent transfer to another public position of the civil service.

3. Civil servants may be awarded the following qualification categories:
active state adviser of the Russian Federation of the 1st, 2nd and 3rd class - to a civil servant replacing the highest state positions of the civil service;
state adviser of the Russian Federation of the 1st, 2nd and 3rd class - to a civil servant who holds the main public positions of the civil service;
Counselor of the Russian Federation of the 1st, 2nd and 3rd class - to civil servants replacing leading public positions in the civil service;
civil service adviser of the 1st, 2nd and 3rd class - to civil servants replacing senior civil service positions;
civil service assistant of the 1st, 2nd and 3rd class - to a civil servant replacing junior civil service positions.

4. Assignment of qualification categories of active state advisers of the Russian Federation, state advisers of the Russian Federation is made by the President of the Russian Federation.

5. For certain types civil service, in accordance with federal law, other types of qualification ranks, military ranks, diplomatic ranks are introduced.

Article 8. Personal file of a civil servant, register of civil servants

1. Civil service is reflected in the personal file of a civil servant. The personal file of a civil servant is maintained by the personnel service of the relevant state body and, when a civil servant is transferred to a new place of civil service, is transferred by specified place public service. Maintaining several personal files of one civil servant is not allowed.

2. Information about civil servants, including information about civil servants included in the reserve for promotion to higher civil service positions, is entered in the federal register of civil servants and the registers of civil servants of the constituent entities of the Russian Federation.

The procedure for maintaining personal files and registers of civil servants is carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

The collection and entry into personal files and registers of civil servants of information about their political and religious affiliation, about private life is prohibited.

Chapter III. Fundamentals of the legal status of a civil servant

Article 9. Rights of a civil servant

1. A civil servant has the right to:

1) familiarization with the documents that define his rights and obligations for the public position of the public service, the criteria for assessing the quality of work and the conditions for promotion, as well as the organizational and technical conditions necessary for the performance of his official duties;
2) obtaining, in the prescribed manner, information and materials necessary for the performance of official duties;
3) visits in accordance with the established procedure for the performance of official duties of enterprises, institutions and organizations, regardless of the form of ownership;
4) decision-making and participation in their preparation in accordance with official duties;
5) participation on their own initiative in the competition for filling a vacant state position in the civil service;
6) promotion, increase in salary, taking into account the results and length of service, skill level;
7) familiarization with all the materials of his personal file, reviews of his activities and other documents before entering them into the personal file, attaching his explanations to the personal file;
8) retraining (retraining) and advanced training at the expense of the relevant budget;
9) pension provision, taking into account the length of service in the civil service;
10) conducting an official investigation at his request to refute information discrediting his honor and dignity;
11) association in trade unions (associations) to protect their rights, socio-economic and professional interests;
12) making proposals to improve the public service in any instances.

2. A civil servant has the right to apply to the relevant state bodies or to the court to resolve disputes related to public service, including on issues of conducting qualification examinations and attestation, their results, the content of the issued characteristics, admission to the civil service, its passage, the exercise of rights a civil servant, transfer to another public position of the civil service, disciplinary liability of a civil servant, non-compliance with the guarantees of legal and social protection of a civil servant, dismissal from the civil service.

Article 10. Main duties of a civil servant

The civil servant must:

1) ensure support for the constitutional order and observance of the Constitution of the Russian Federation, the implementation of federal laws and laws of the subjects of the Russian Federation, including those regulating the scope of its powers;
2) conscientiously perform official duties;
3) ensure observance and protection of the rights and legitimate interests of citizens;
4) to execute orders, instructions and instructions of superiors in the order of subordination of managers, given within their official powers, with the exception of illegal ones;
5) within the scope of their official duties, consider in a timely manner the appeals of citizens and public associations, as well as enterprises, institutions and organizations, state bodies and local governments, and take decisions on them in the manner established by federal laws and laws of the constituent entities of the Russian Federation;
6) comply with the internal labor regulations established in the state body, job descriptions, the procedure for working with official information;
7) maintain a level of qualification sufficient for the performance of their duties;
8) to keep state and other secrets protected by law, as well as not to disclose information that has become known to him in connection with the performance of official duties, affecting the private life, honor and dignity of citizens.

Article 11. Restrictions related to public service

1. A civil servant is not entitled to:

1) engage in other paid activities, except for pedagogical, scientific and other creative activities;
2) be a deputy of the legislative (representative) body of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, local governments;
3) engage in entrepreneurial activities personally or through authorized persons;
4) to be a member of the management body of a commercial organization, unless otherwise provided by federal law or unless, in accordance with the procedure established by federal law and the laws of the constituent entities of the Russian Federation, he is instructed to participate in the management of this organization;
5) be an attorney or representative for third parties in a state body in which he is in the public service or which is directly subordinate or directly controlled by him;
6) use for non-official purposes means of material, technical, financial and information support, other state property and official information;
7) receive royalties for publications and speeches as a public servant;
8) receive from individuals and legal entities remuneration (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation costs and other remuneration) related to the performance of official duties, including after retirement;
9) accept, without the permission of the President of the Russian Federation, awards, honorary and special titles of foreign states, international and foreign organizations;
10) travel abroad on business trips at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Russian Federation or on a reciprocal basis by agreement of the federal state authorities and state authorities of the constituent entities of the Russian Federation with state bodies of foreign states , international and foreign organizations;
11) take part in strikes;
12) use his official position in the interests of political parties, public, including religious, associations to promote attitudes towards them. Structures of political parties, religious, public associations, with the exception of trade unions, cannot be formed in state bodies.

2. A civil servant is obliged to transfer to trust management under the guarantee of the state for the duration of the civil service the shares (blocks of shares) in his ownership in the authorized capital of commercial organizations in the manner established by federal law.

Article 12

2. The information specified in this article, received by the state tax service bodies, constitutes an official secret.

Article 13. Incentives for a civil servant

Article 14. Responsibility of a civil servant

1) remark;
2) reprimand;
3) severe reprimand;
4) warning about incomplete service compliance;
5) dismissal.

3. The procedure for applying and appealing disciplinary sanctions is established by federal law.

Responsibility for the execution of an unlawful order by a civil servant shall be borne by the head who confirmed this order.

5. A civil servant shall bear responsibility, provided for by federal law, for actions or inaction that lead to a violation of the rights and legitimate interests of citizens.

Article 15. Guarantees for a civil servant

1. A civil servant is guaranteed:

1) working conditions that ensure the performance of his official duties;
2) allowance and other payments provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation;
3) annual paid leave;
4) medical care for him and his family members, including after his retirement;
5) retraining (retraining) and advanced training with the preservation of the monetary content for the period of study;
6) the obligation to obtain his consent to transfer to another state position in the civil service, except as otherwise provided by federal law;
7) pension provision for length of service and pension provision for members of the family of a civil servant in the event of his death, which occurred in connection with the performance of his official duties;
8) compulsory state insurance in case of damage to health and property in connection with the performance of his official duties;
9) compulsory state social insurance in case of illness or disability during the period of his public service;
10) protection of him and his family members from violence, threats, other unlawful actions in connection with the performance of his official duties in the manner prescribed by federal law.

2. Depending on the conditions of his public service, a civil servant is provided, in the cases and in the manner established by federal laws and the laws of the constituent entities of the Russian Federation, with living space, official transport or monetary compensation for transport expenses.

4. Expenses related to the provision of guarantees provided for by this article shall be made at the expense of the relevant budgets.

5. Federal laws and laws of the constituent entities of the Russian Federation may also provide for other guarantees for a civil servant.

Article 16

1. In case of liquidation of a state body or reduction of its staff, a civil servant, if it is impossible to provide work in the same state body, must be offered another state position of the civil service in another state body, taking into account his profession, qualifications and previous position.

2. If it is impossible to employ a civil servant who has concluded an employment contract for an indefinite period, retraining (retraining) is guaranteed with the preservation for the period of retraining (retraining) of the monetary content for the civil service position occupied before dismissal and continuous work experience, as well as providing the opportunity to replace another public civil service positions.

Upon dismissal due to the liquidation of a state body or a reduction in staff, a civil servant is paid the average salary for a previously held position for three months (excluding severance pay). In the event that a civil servant is not provided with work in accordance with his profession and qualifications, the civil servant remains in the register of civil servants (indicated in the reserve) with the preservation of continuous civil service experience for a year.

Article 17

1. The financial allowance of a civil servant consists of the official salary, bonuses to the official salary for the qualification category, special conditions of civil service, length of service, as well as bonuses based on the results of work.

Article 18. Vacation of a civil servant

1. An annual paid leave of at least 30 calendar days is established for a civil servant. For certain categories of civil servants, federal laws and laws of the constituent entities of the Russian Federation establish annual paid leave of greater duration. In addition to the annual paid leave, a civil servant for length of service is granted, in the manner and on the terms determined by federal laws and the laws of the constituent entities of the Russian Federation, additional paid leave.

3. A civil servant may be granted leave without pay for a period not exceeding one year, unless otherwise provided by federal law.

Article 19. Pension provision of a civil servant and members of his family

Article 20

2. Inclusion in the length of service of a civil servant of other periods of labor activity is carried out in accordance with the federal law and the laws of the constituent entities of the Russian Federation.

Chapter IV. Civil service

Article 21

1. Citizens of the Russian Federation who are at least 18 years old and who have state language who have a professional education and meet the requirements established by this Federal Law for civil servants.

2. When entering the civil service, as well as during its passage, it is not allowed to establish any direct or indirect restrictions or advantages depending on gender, race, nationality, language, origin, property and official status, place of residence, presence or lack of citizenship of the constituent entities of the Russian Federation, attitude to religion, beliefs, membership in public associations created in the manner prescribed by the Constitution of the Russian Federation and federal law.

3. A citizen cannot be accepted into the public service and be in the public service in the following cases:

1) recognition of him as incapable or partially incapacitated by a court decision that has entered into legal force;
2) deprivation of his right to hold public office in the civil service for a period of certain period a court decision that has entered into force;
3) presence confirmed by the conclusion medical institution disease that prevents them from performing their official duties;
4) refusal to go through the procedure for issuing access to information constituting state and other secrets protected by law, if the performance of official duties in the public position of the civil service for which the citizen claims is associated with the use of such information;
5) close relationship or property (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children of spouses) with a public servant, if their public service is connected with the direct subordination or control of one of them to another;
6) the presence of citizenship of a foreign state, except in cases where access to public service is regulated on a reciprocal basis by interstate agreements;
7) refusal to submit the information provided for in Article 12 of this Federal Law.

4. When entering the civil service, a citizen shall submit:

1) personal statement;
2) an identity document;
3) work book;
4) documents confirming professional education;
5) a certificate from the bodies of the state tax service on the submission of information on the property status;
6) medical report on the state of health;
7) other documents, if it is provided for by federal law.

5. The information provided in accordance with this Federal Law when a citizen enters the civil service, as well as when deciding on his appointment to the highest state position in the civil service, is subject to verification in accordance with the procedure established by federal law.

In individual state bodies, federal law may establish additional requirements for verifying the information provided by a citizen when entering the civil service and appointing him to the highest state positions of the civil service.

In the event that circumstances are established during the verification process that prevent a citizen from entering the civil service or appointing him to the highest state position of the civil service, the specified citizen is informed in writing about the reasons for the refusal to accept him into the civil service or appointment to the highest state position of the civil service.

6. A citizen enters the civil service on the terms of an employment contract concluded for an indefinite period or for a period not exceeding five years.

The employment contract includes the obligation of a citizen entering the public service to ensure the implementation of the Constitution of the Russian Federation and federal laws in the interests of citizens of the Russian Federation.

The entry of a citizen into the civil service is formalized by an order by a state body on his appointment to a public position in the civil service.

7. Appointment for the first time or newly entering the civil service is carried out:

to civil service positions of category "B" - on the proposal of the relevant persons replacing positions of category "A" or persons authorized by them or state bodies. The procedure for the selection of candidates is determined by the relevant state body or the person replacing the public position of category "A", in accordance with the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation;

for civil service positions of the 1st group of category "B" - to the relevant official. The procedure for selecting candidates is determined by the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation;

for civil service positions of the 2nd, 3rd, 4th, and 5th groups of category "B" - based on the results of a competition for filling a vacant civil service position.

8. Upon termination of the civil service due to retirement, a civil servant is considered to be retired and retains the qualification rank assigned to him. An entry is made in the work book about the last state position of the civil service with the indication "retired".

9. With his consent, a civil servant may be entrusted with the performance of additional duties in another public position of the civil service with payment by agreement between the head of the state body and the civil servant.

10. In case of official necessity, a civil servant, with his consent, may be sent to another state body to perform official duties in a public position of the civil service in his specialty for a period of up to two years.

Article 22

1. A competition for filling a vacant civil service position (hereinafter referred to as the competition) ensures the right of citizens to equal access to the civil service.

2. The competition is held among citizens who have applied for participation in it, subject to the conditions established by paragraphs 1, 3 and 4 of Article 21 of this Federal Law.
Civil servants can participate in the competition, regardless of what positions they hold at the time of its holding.

3. The competition can be held in the form of a competition of documents (for filling vacant civil service positions of the 2nd group) or a competition - tests (for filling vacant civil service positions of the 3rd, 4th and 5th groups).

4. The competition commission evaluates the participants in the competition of documents on the basis of documents on education, on civil service and other labor activities, as well as on the basis of recommendations, test results, and other documents submitted by decision of the relevant authorities on public service issues.

5. Competition - the test is carried out by the state competition commission. Competition - test may include passing the test in the relevant state position of the civil service and ends with a state qualification exam.

6. Competitive (state competitive) commissions are formed in accordance with the third paragraph of paragraph 2 of Article 26 and Article 27 of this Federal Law.

7. Information about the date, place and conditions of the competition is subject to publication in the official publications of the relevant public service authority.

8. Each participant of the competition is informed about the results of the competition in writing within a month from the date of its completion.

9. The decision of the competitive (state competitive) commission is the basis for the appointment to the relevant state position of the civil service or refusal to do so.

10. Other conditions for the competition are determined by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 23

1. For a citizen admitted to a civil service position for the first time, including on the basis of the results of a competition of documents, or for a civil servant, when transferred to a civil service position of another group and other specialization, a test is established for a period of three to six months.

The probationary period does not include a period of temporary disability and other periods when a civil servant was absent from work for good reasons.

2. The effect of this Federal Law shall apply to a civil servant during the probationary period.

3. Before the end of the probation period, the next qualification category is not assigned to a civil servant.

4. In case of an unsatisfactory result of the test, a civil servant may be transferred with his consent to the previous or other public position of the civil service, and if he refuses to transfer, he may be dismissed.

5. If the period of probation has expired, and the civil servant continues public service, he is considered to have passed the probation and subsequent dismissal is allowed only on the grounds provided for by federal law.

Article 24. Attestation of a civil servant

1. In order to determine the level of professional training and compliance of a civil servant with the public position held by the civil service, as well as to resolve the issue of awarding a qualification category to a civil servant, his attestation is carried out.

2. Certification is carried out no more than once every two years, but at least once every four years.

3. The procedure and conditions for conducting attestation are established by federal laws and laws of the constituent entities of the Russian Federation.

Article 25. Grounds for termination of public service

1. Civil service shall be terminated upon dismissal of a civil servant, including in connection with retirement.

2. In addition to the grounds provided for by the legislation of the Russian Federation on labor, the dismissal of a civil servant may be carried out at the initiative of the head of the state body in the following cases:

1) reaching the age limit established for filling a public position in the civil service;
2) termination of citizenship of the Russian Federation;
3) failure to comply with the obligations and restrictions established for a civil servant by this Federal Law;
4) disclosure of information constituting state and other secrets protected by law;
5) the occurrence of other circumstances provided for in paragraph 3 of Article 21 of this Federal Law.

3. Retirement of a civil servant is carried out in accordance with the procedure established by federal law. The age limit for holding a civil service position is 60 years. It is allowed to extend the stay in the civil service of civil servants holding the highest, main and leading public positions of the civil service and who have reached the age limit for civil service, by decision of the head of the relevant state body. A one-time extension of the term of a civil servant in the civil service is allowed for no more than a year.

Prolongation of the civil service of a civil servant who has reached the age of 65 is not allowed. After reaching the specified age, he can continue to work in state bodies on the terms of a fixed-term employment contract.

Chapter V. Ensuring the Efficiency of the Public Service

Article 26

1. Coordination of activities for the implementation of tasks arising from this Federal Law is carried out by the Council for Public Service under the President of the Russian Federation.

The Civil Service Council under the President of the Russian Federation consists of an equal number of representatives of the President of the Russian Federation, the chambers of the Federal Assembly, the Government of the Russian Federation, and the highest judicial authorities of the Russian Federation.

2. Council for Civil Service under the President of the Russian Federation:

analyzes the state and efficiency of the public service in public authorities; coordinates the development of draft regulations on the organization of the civil service;
organizes, together with the relevant state bodies, work on the formation of competitive (state competitive) commissions, the conduct of attestations and state qualification exams; informs citizens about holding competitions for filling vacant public positions in the civil service;
coordinates methodical work bodies on public service and personnel services of state bodies;
develops proposals for the formation of the Register of public positions in the Russian Federation and making changes to it; maintains the federal register of civil servants;
provides methodological guidance for professional training, retraining (retraining) and advanced training of civil servants, as well as the formation of a reserve for promotion to higher public positions in the civil service.

Article 27

Bodies for public service issues of the constituent entities of the Russian Federation are created in accordance with the laws of the constituent entities of the Russian Federation.

Article 28. Personnel service of a state body

Personnel service of the state body:

1) ensures the holding of competitions for filling vacant public positions in the civil service, attestations, the passage of tests by civil servants when filling public positions in the civil service;
2) draws up decisions of state bodies related to the passage of civil servants in the civil service, maintains personal files of civil servants, makes the necessary entries in work books civil servants;
3) advise civil servants on issues of their legal status, compliance with restrictions related to public service;
4) analyzes the level of professional training of civil servants, organizes retraining (retraining) and advanced training of civil servants.

Chapter VI. Final and transitional provisions

Article 29

The President of the Russian Federation, the Government of the Russian Federation, the state authorities of the constituent entities of the Russian Federation bring their regulatory legal acts in accordance with this Federal Law within three months from the date of its entry into force.

To the Government of the Russian Federation, by January 1, 1996, submit State Duma the draft federal law on the financial allowance of federal civil servants in accordance with paragraph 2 of Article 17 of this Federal Law.

Article 30

1. This Federal Law shall enter into force on the day of its official publication.

2. The filling of vacant public positions in the civil service by competition begins on January 1, 1996.

3. Article 7 of this Federal Law shall enter into force simultaneously with the federal law that determines the procedure for awarding qualification ranks and retaining them upon transfer to other public positions in the civil service.

The president

Russian Federation

・Conditions for attack liability are:

o actual damage;

o the presence of a direct causal relationship between the misconduct and the resulting harmful consequences (damage);

o the fault of the offender in causing damage;

o the guilty actions of a public official should not be a crime.

Liability may be limited or total. In case of limited material liability, civil servants, through whose fault the damage was caused, bear it in the amount of direct damage, but not more than their average monthly salary. Full financial responsibility of civil servants means that the damage caused is compensated in full size.

· This type of liability occurs in the following cases:

o when a written agreement has been concluded between employees and a body, institution, enterprise on the assumption by an employee of full liability for failure to ensure the safety of property;

o if the property was received by an employee against a report under a one-time power of attorney;

o if the damage is caused by actions that contain signs of a crime;

o subject to deliberate damage to materials, products and other items issued to the employee for use not in the performance of official duties.

Compensation for damages can be made in an administrative or judicial manner. If the employee has given his consent, then the deduction from his earnings is carried out by order of the head of the body, institution or enterprise. In the absence of the consent of the employee, compensation for damage is carried out at the claim of the body, institution or enterprise in a judicial proceeding. Administrative responsibility of civil servants comes in accordance with Art. 2.4. and 2.5. Code of Administrative Offenses of the Russian Federation for committing an administrative offense related to official activities. Civil servants bear criminal responsibility for committing malfeasance under the Criminal Code of the Russian Federation.

A civil servant has the right to:

1. familiarization with the documents that define his rights and obligations for the public position he holds in the civil service, the criteria for assessing the quality of work and the conditions for promotion, as well as the organizational and technical conditions necessary for the performance of his official duties;

2. obtaining, in the prescribed manner, information and materials necessary for the performance of official duties;

3. visits in the prescribed manner for the performance of official duties of enterprises, institutions and organizations, regardless of ownership;

4. decision-making and participation in their preparation in accordance with official duties;

5. participation on their own initiative in the competition for filling a vacant state position in the civil service;

6. promotion, increase in salary, taking into account the results and length of service, skill level;

7. familiarization with all the materials of his personal file, reviews of his activities and other documents before entering them into the personal file, attaching his explanations to the personal file;

8. retraining (retraining) and advanced training at the expense of the relevant budget;

9. pension provision, taking into account the length of service in public service;

10. conducting an official investigation at his request to refute information discrediting his honor and dignity;

11. association in trade unions (associations) to protect their rights, socio-economic and professional interests;

12. Submission of proposals for the improvement of the civil service in any instances.

The civil servant must:

· provide support for the constitutional order and observance of the Constitution of the Russian Federation, the implementation of federal laws and laws of the constituent entities of the Russian Federation, including those regulating the scope of its powers;

· conscientiously perform official duties;

ensure observance and protection of the rights and legitimate interests of citizens;

Execute orders, orders and instructions of superiors in the order of subordination of leaders, given within their official powers, with the exception of illegal ones;

· within the scope of their official duties, timely consider appeals of citizens and public associations, as well as enterprises, institutions and organizations, state bodies and local governments and take decisions on them in the manner prescribed by federal laws and laws of the constituent entities of the Russian Federation;

observe the internal labor regulations, job descriptions, and the procedure for working with official information established in the state body;

maintain a level of qualification sufficient for the performance of their duties;

Keep state and other secrets protected by law, as well as not disclose information that has become known to him in connection with the performance of official duties, affecting the private life, honor and dignity of citizens.

3. A civil servant is not entitled to:

1) engage in other paid activities, except for pedagogical, scientific and other creative activities;

2) to be a deputy of a legislative (representative) body of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, local self-government bodies;

3) engage in entrepreneurial activities personally or through authorized persons;

4) be a member of the management body of a commercial organization, unless otherwise provided by the Federal Law or if, in accordance with the procedure established by the Federal Law and the laws of the constituent entities of the Russian Federation, he is not instructed to participate in the management of this organization;

5) be an attorney or representative for third parties in a state body in which he is in the public service or which is directly subordinate or directly controlled by him;

6) use for non-official purposes means of material and technical, financial and information support, other state property and official information;

7) receive royalties for publications and speeches as a public servant;

8) receive from individuals and legal entities remuneration (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation costs and other remuneration) related to the performance of official duties, including after retirement;

9) accept, without the permission of the President of the Russian Federation, awards, honorary and special titles of foreign states, international and foreign organizations;

10) travel abroad on business trips at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Russian Federation or on a reciprocal basis by agreement of federal government bodies and government bodies of the constituent entities of the Russian Federation with state bodies of foreign states, international and foreign organizations;

11) take part in strikes;

The effective activity of the state in the economic, political and social areas largely depends on the personnel of state bodies. One of the objectives of the civil service legislation is to clearly define the rights and obligations of civil servants, create appropriate conditions for their fruitful activities, legal and social protection.

The legal status of a civil servant is enshrined in federal law"On the foundations of public service in the Russian Federation" and others regulations. Citizens in the public service, unlike persons in ordinary labor relations, have a special legal status, which includes rights and obligations regulated by the norms of administrative, labor and other branches of legislation. Administrative rights and duties necessary for a civil servant to carry out official activity by position. They are implemented and performed primarily in relations with third parties. Labor - assigned to a civil servant as an employee, implemented and performed in relations between him and the employer within the state body.

The complex of service rights and duties of civil servants is established within the competence of the bodies in which they are in the civil service. These rights and obligations are divided into general for all and special, the possession of which depends on the position held. "The position predetermines the requirements for a person applying for its occupation or already occupying it, gives a set of official rights and duties of an employee" .

Article 9 of the aforementioned Law stipulates the following general service rights of civil servants on the:

1) familiarization with the documents that define the rights and obligations of the position held, the criteria for assessing the quality of work and the conditions for promotion, as well as the organizational and technical conditions necessary for the performance of official duties;

2) obtaining, in the prescribed manner, information and materials necessary for the performance of official duties. To visit for this purpose enterprises, institutions, organizations, regardless of ownership;

3) decision-making and participation in their preparation in accordance with the established competence;

4) participation on their own initiative in the competition for filling a vacant public position;

5) promotion, increase in salary, taking into account the results and length of service, skill level;

6) making proposals to any instances on improving the public service.

To protect his rights and legitimate interests, a civil servant has the right to familiarize himself with all the materials of his personal file, reviews of his work and other documents before entering them into a personal file, attaching his explanations to a personal file; conducting an official investigation at his request to refute information discrediting his honor and dignity.

Much of the content legal status constitute responsibilities:

Provide support for the constitutional order, implementation of laws; observance and protection of the rights and legitimate interests of citizens;

Execute orders, orders and instructions of superiors in the order of subordination of leaders, given within their official powers, with the exception of illegal ones;

Timely consider the appeals of citizens, public associations, organizations, state bodies and local governments and make decisions on them;

Maintain a level of qualification sufficient for the performance of official duties;

Keep state and other secrets protected by law; and a number of others.

Restrictions associated with public service can also be attributed to duties of a general nature. The employee is not entitled:

engage in other paid activities, except for pedagogical, scientific and other creative activities;

be a member of a legislative body or a local self-government body;

engage in entrepreneurial activities;

be a member of the management body of a commercial organization;

be an attorney or representative for third parties in a public body in which he is in the public service or which is directly subordinate or directly controlled by him;

use for non-official purposes means of material and technical, financial and information support, other state property and official information;

receive royalties for publications and appearances as a public servant;

receive from individuals remuneration associated with the performance of official duties, including after retirement;

accept, without the permission of the President of the Russian Federation, awards, honorary and special titles of foreign states, international and foreign organizations;

go on business trips abroad at the expense of individuals and legal entities (with some exceptions);

take part in strikes;

use his official position in the interests of political parties, public, including religious, associations to promote attitudes towards them, etc.

The nature and scope of special rights and duties of a civil servant depend on the position held. The range of specific responsibilities is determined based on typical qualification characteristics relevant positions. Special rights and obligations are established by law. However, in a number of cases, the legal status of employees may be regulated by the governing bodies of the organizations (institutions) in which they are employed.

The relations that develop in the course of the practical implementation of the public service between the employee and the employer are labor relations.

AT labor group you can, in particular, include the rights:

to receive a monetary allowance, which consists of an official salary, bonuses to an official salary for a qualification category, special conditions for public service, length of service, as well as bonuses based on performance;

for annual paid leave of at least 30 days. For certain categories of civil servants, an annual paid leave of longer duration is established. In addition to annual leave, additional paid leave for length of service is provided. These holidays are summed up, but at the request of the employee they can be granted in parts. The duration of each part cannot be less than 14 calendar days;

for retraining (retraining) and advanced training with the preservation of the monetary content for the period of study;

for the provision of a civil service position in another state body (taking into account the profession, qualifications and previous position) upon dismissal in connection with the liquidation of a state body or reduction of its staff;

to unite in trade unions (associations) to protect their rights, socio-economic and professional interests;

to apply to the relevant state bodies or to the court to resolve disputes related to the public service, including on issues of conducting qualification examinations and attestation, their results, the content of the issued characteristics, admission to the service, passing it, exercising rights, transferring to another state position, disciplinary liability, observance of guarantees of legal and social protection, dismissal from public service.

To job duties of a civil servant due diligence should be attributed official functions, internal labor regulations.

The tasks facing the state body are performed by employees. Violation of discipline and legality by them affects the interests of the state, infringes on the rights and freedoms of citizens. Therefore, in case of non-fulfillment or improper fulfillment by a civil servant of the duties assigned to him, it is possible to bring to responsibility: disciplinary, administrative, material, criminal. The main type of legal liability is disciplinary.

To the number disciplinary action applied to civil servants include: remark, reprimand, severe reprimand, warning about incomplete service compliance, dismissal. An employee who has committed an official misconduct may be temporarily (but not more than for a month), until the issue of his disciplinary responsibility is resolved, suspended from duty with the preservation of a monetary allowance. Penalties are imposed by a body or manager that has the right to appoint an employee to a position.

When imposing disciplinary sanctions, the terms stipulated by the Code of Labor Laws must be observed: a month from the day the misconduct was discovered, 6 months from the day it was committed.

In cases where a civil servant doubts the legitimacy of the order he received, he is obliged to immediately inform his immediate supervisor, the manager who issued the order, and a higher manager about this. If the superior manager, and in his absence the one who issued the order, confirms it in writing, the employee is obliged to comply with the order, except in cases where the execution is an administrative or criminally punishable act. Responsibility for the execution of an unlawful order shall be borne by the head who confirmed it.

Administrative responsibility comes for offenses provided for by the Code of administrative offenses and other acts with administrative sanctions. Civil servants are subject to such administrative penalties as a warning and a fine.

Criminal liability comes for committing malfeasance.

If misconduct caused damage to the property of a state body, the perpetrator is liable, which may be limited or full. With limited damages, the damage is recovered within the limits of the average monthly salary or three monthly official salaries of a civil servant. Full liability involves the recovery of the entire amount. It occurs only in cases provided for by law. The perpetrators are brought to material responsibility either by the administration or by the court.

Thus, even a superficial analysis of the legal status of a civil servant gives grounds to assert that labor rights and obligations constitute, if not a large, then a very significant part of it.

Literature

Lazarev B.M. Public service. M., 1993. S. 6.