Legislation on public service of the Russian Federation. Organization of activities of state and municipal employees in the Russian Federation

Lecture 5. Organization of the activities of state and municipal employees in the Russian Federation

1. The system of legislation on state and municipal service in Russia

The modern system of legislation on the state and municipal service of the Russian Federation consists of the following regulatory legal acts:

1. Federal Law of May 23, 2003 No. 58-FZ "On the system of public service of the Russian Federation";

2. Federal Law of October 6, 2003 No. 131-FZ “On general principles organizations of local self-government in the Russian Federation”;

3. Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”;

4. Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation”.

The regulatory legal acts regulating the sphere of public service also include a number of decrees of the President of the Russian Federation, other federal laws that determine the basis for the work of individual state bodies (for example, laws on the police, prosecutor's office, service in the Ministry of Foreign Affairs, etc.). All regulatory legal acts were adopted in accordance with the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993.

The key document in the presented list is the Federal Law "On the public service system of the Russian Federation". It defines the legal and organizational foundations of the civil service system, including the civil service management system. The division of service into state civil, military and law enforcement is introduced. The principles of public service are fixed (art. 3). The concepts of public positions and civil servants are defined (Art. 8-10). The second chapter approves the general conditions for the organization of the public service:

1. Formation of personnel (Article 11);

2. Public service (art. 12);

3. Class ranks, diplomatic ranks, special and military ranks (art. 13);

4. Length of civil service (art. 14), etc.

The third chapter of the law approves the system of civil service management.

Regulation state civil service enshrined in the relevant Federal Law, adopted in 2004. The law defines the concepts of the state civil service, civil servant, formulates the principles of the civil service. Positions are divided (Article 9), nominated qualification requirements to civil service positions (art. 12). The following foundations for the passage of the state civil service are fixed:

1. Legal status of a public civil servant (Chapter 3);

2. Conditions for entering the service (Chapter 4);

3. Conclusion and termination of a service contract (Ch. 5-6);

4. Remuneration, encouragement and responsibility of a civil servant (Ch. 10-12);

5. Formation of the personnel of the civil service (ch. 13);

6. Establishing control over the state civil service (ch. 15), etc. .

With regard to military service Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service" fixes the procedure for passing military service(Article 36), performance of duties in military service (Article 37). The law approves military positions (Article 42), appointment to them and dismissal from office (Article 43). The procedure for conferring military ranks (Article 47), the conditions for deprivation of a military rank, reduction in military rank, as well as the procedure for reinstatement in military rank (Article 48) are determined.

The legal and organizational foundations of the Russian law enforcement service are not enshrined in a single law, therefore they consist of a number of legal acts regulating individual structures of the law enforcement service. We single out the following laws about law enforcement agencies:

2. Federal Law of February 7, 2011 No. 4-FZ “On Amendments to Certain legislative acts the Russian Federation in connection with the adoption of the federal law "On Police"";

3. Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”;

4. Federal Law of July 21, 1997 No. 114-FZ “On Service in customs authorities Russian Federation" and others.

The organizational bases and functioning of other state bodies related to the law enforcement service are approved, among other things, by Decrees of the President of the Russian Federation and Decrees of the Supreme Council of the Russian Federation (which existed before 1993). For example, Decrees of the President of the Russian Federation regulate law enforcement agencies to control the circulation of narcotic drugs and psychotropic substances; Federal Migration Service, etc.

Applied to an organization municipal service in Russia, we have identified two main legal acts: the law on local self-government and the law on municipal service. Turning to the Federal Law "On the General Principles of Organizing Local Self-Government", let us recall from the previous lecture that in the 2000s in our country, in the field of local self-government, significant changes were made in the formation of the legal foundations and bringing the organizational foundations of the municipal service in line with modern requirements. . This law resolves issues of territories and boundaries of municipalities in a different way; issues of local significance of settlements, municipal districts and urban districts are delimited; the procedure for vesting local self-government bodies with separate state powers has been established; significant foundations are included in financial fundamentals local government.

Law on municipal service its principles are established, the concepts of municipal service, positions of municipal service are defined. The list of positions and their classification is approved (Chapter 2). The third chapter of the law establishes the status of a municipal employee, including the rights and obligations of employees, requirements, restrictions and prohibitions for municipal employees. The fourth chapter approves the procedure for entering and passing the municipal service. The law also regulates a number of issues related to the organization of work of municipal employees:

1. Working (working) time and rest time, remuneration of employees (Ch. 5-6);

2. Encouragement and disciplinary responsibility of a municipal employee (Chapter 7);

3. Personnel work in the municipality (Chapter 8);

4. Financing and programs for the development of the municipal service (ch. 9) .

2. Registers of civil service positions

In the Russian Federation, civil service positions are divided into the following categories:

1. positions of the federal state civil service;

2. positions of the state civil service of the subject of the Russian Federation;

3. military positions;

4. law enforcement positions.

Register of positions the federal civil service is formed by:

1. lists of positions in the federal state civil service;

2. lists of typical military posts;

3. lists of typical law enforcement positions.

It should be noted that the register of positions in the subject of the Russian Federation is established in the law or other regulatory legal act of the administrative-territorial unit. The remaining lists of positions are approved by the President. Thus, the current register of positions in the federal state civil service was approved by Decree of the President of the Russian Federation dated December 31, 2005 No. 1574. Positions in it are distributed among state bodies. There are 4 categories of positions: managers, assistants (advisers), specialists, providing specialists. And 5 groups of positions: higher, main, leading, senior, junior. The register provides a complete listing of all government positions in such government bodies of Russia as:

- Administration of the President of the Russian Federation;
- Apparatus of the Federation Council of the Federal Assembly of the Russian Federation;
- Apparatus of the State Duma of the Federal Assembly of the Russian Federation;
- Apparatus of the Government of the Russian Federation;
- Federal ministries;
- Federal services;
- Federal agencies;
- other.

For clarity, we present a list of positions Office of the President of the Russian Federation:

The highest group of positions

Executive Director of the President of the Russian Federation 06-1-1-001 ( registration number - code, then we will omit it)

First Deputy Chief Executive Officer of the President of the Russian Federation

Deputy Executive Director of the President of the Russian Federation

Deputy Administrator of the President of the Russian Federation - Head of the Main Medical Directorate of the Administration of the President of the Russian Federation

Head of the main department

Head of Department

Deputy head of the main department

Deputy Head of Department

The highest group of positions

Assistant to the Executive Director of the President of the Russian Federation

Advisor to the Executive Director of the President of the Russian Federation

Main group of positions

Head of department at headquarters

Head of department in management

Deputy Head of Department at Headquarters

Deputy head of department in management

Chief Advisor

Lead Advisor

Advisor

Leading group of positions

Chief Consultant

Lead Consultant

Consultant

senior group of positions

Chief specialist-expert

Leading specialist expert

Expert Specialist

Main group of positions

Chief specialist of the 2nd category

Chief specialist of the 3rd category

Leading group of positions

Leading specialist of the 1st category

Leading specialist of the 2nd category

Leading specialist of the 3rd category

senior group of positions

Senior specialist of the 1st category

Senior specialist 2nd category

Senior specialist 3rd category

Junior group of positions

Specialist of the 1st category

2nd class specialist.

We will consider in more detail about the positions of the civil service in the following lectures on our subject.

Applied to military service in Russia it is necessary to distinguish, first of all, two types of positions: command(unit commander, chief of staff) and privates(soldier, sailor). By type, military positions are divided into command, staff, engineering (technical), professorial and teaching. Military service is carried out in special formations and bodies that ensure the security and defense of the country:

- Ministry of Defense of the Russian Federation;
- federal Service special construction;
- Federal Security Service;
- Federal Security Service;
- Foreign Intelligence Service;
- Ministry of the Russian Federation for Affairs civil defense, emergencies and elimination of consequences natural Disasters, incl. in military units of the State Fire Service;
- Ministry of Internal Affairs (Internal Troops);
- Main Directorate of Special Programs of the President of the Russian Federation.

Each military position must correspond to one military rank. The table shows military positions and military ranks, which are divided into military and naval. It should be noted that the words “justice” or “medical service” are added to the military rank of a serviceman who has a military registration specialty of a legal or medical profile, respectively.

Table 1. Military positions and military ranks of the Russian Federation

	Military	Shipborne
senior officers	Marshal of the Russian Federation
	Army General	Fleet Admiral
	Colonel General
	Lieutenant General	Vice Admiral
	Major General	rear admiral
senior officers	Colonel	Captain 1st rank
	Lieutenant colonel	Captain 2nd rank
		Captain 3rd rank
junior officers		Lieutenant Commander
	Senior Lieutenant	Senior Lieutenant
	Lieutenant	Senior Lieutenant
	Ensign	Ensign
Ensigns, Midshipmen	Senior Warrant Officer	Senior midshipman
Ensigns, Midshipmen	Ensign
Soldiers, Sailors Sergeants, Sergeants	foreman	Chief ship sergeant major
	Staff Sergeant	chief sergeant major
		Petty officer 1 article
	Lance Sergeant	Sergeant major 2 articles
	corporal	Senior sailor

Now let's look at positions. law enforcement service. At the same time, we note that in the normative legal regulation of this type of public service, the concept of position is not used, but the term " law enforcement officer." The law enforcement service is called upon to carry out activities to protect law and order and the rule of law, as well as to protect human rights and freedoms. The structure of law enforcement agencies of the Russian Federation includes:

Ministry of Internal Affairs of the Russian Federation;
Federal Migration Service (FMS of Russia);
State Courier Service of the Russian Federation (SFS of Russia);
Federal Penitentiary Service of the Russian Federation (FSIN of Russia);
Federal Customs Service of the Russian Federation (FCS of Russia);
Federal Drug Control Service of the Russian Federation (FSKN of Russia);
State fire service Russian Emergency Situations Ministry.

The positions held by law enforcement officers are divided into groups: ordinary staff; junior team; average commanding staff; senior commanding staff; the highest commanding staff. In the classification of employees of the drug control bodies, the rank and file is not distinguished. Law enforcement officers are assigned special ranks and cool ranks. It should be noted that according to the functional purpose, positions in the law enforcement service, by analogy with the state civil service, are divided into managers, assistants (advisers) and specialists. The exception is the positions of the "providing specialists" category, which are not allocated in the law enforcement service. Consider the division of special ranks in the police of the Russian Federation.

Table 2. Special ranks of police officers of the Russian Federation

Special ranks of police officers (since 2011)
The highest commanding staff	Police General of the Russian Federation
	Police Colonel General
	Police lieutenant general
	Major General of Police
Senior commanding staff	Police Colonel
	Police Lieutenant Colonel
	Police Major
Middle commanding staff	Police Captain
	Senior Police Lieutenant
	Police Lieutenant
	Junior Police Lieutenant
Junior commanding staff	Senior Ensign of the Police
	Police ensign
	police chief
	Senior Police Sergeant
	Police sergeant
	Junior Police Sergeant
Enlisted personnel	Private police

So, using the examples of individual state bodies, we analyzed the features of the allocation of positions in all types of public service modern Russia. However, we should again point to a moment captured in the first lecture on our subject. In addition to civil servants carrying out their activities in public positions, Russian legislation also distinguishes a category of persons holding public positions. The list of the second group is fixed by Decree of the President of the Russian Federation of January 11, 1995 No. 32 “On public positions of the Russian Federation”, which includes the President of the Russian Federation, the Chairman of the Government of the Russian Federation, the First Deputy Chairman of the Government of the Russian Federation and other public positions.

3. Types of positions in the municipal service

In Russian legislation, the position of a municipal service is defined as a position in a local self-government body, the apparatus of an election commission of a municipal formation, which are formed in accordance with the charter of the municipal formation, with the established terms of reference for ensuring the execution of the powers of the local self-government body, the election commission of the municipal formation or a person replacing the municipal position.

The register of municipal service positions in a constituent entity of the Russian Federation is a list of municipal service positions classified by local self-government bodies, election commissions of municipalities, groups and functional features of positions, determined taking into account historical and other local traditions.

The register of municipal service positions in a constituent entity of the Russian Federation may provide for municipal service positions established to directly ensure the execution of the powers of a person replacing a municipal position. Such positions of the municipal service are replaced by municipal employees through the conclusion employment contract for the term of office of the said person. The positions of the municipal service are divided into the following groups:

1. The highest positions of the municipal service;

2. The main positions of the municipal service;

3. Leading positions of the municipal service;

4. Senior positions of the municipal service;

5. Junior positions in the municipal service.

As an example of the division of posts in a municipality, let's take list of municipal service positions in urban area Volgograd region with a population of over 500 thousand people.

List of municipal service positions in the local administration of the urban district.

Positions filled by certain period

The highest group of positions

Head of local administration (when hired under a contract)

First Deputy Head of Local Administration

Deputy head of local administration

Head of the territorial body of local administration

Local administration manager

Leading group of positions

Assistant to the head of the local administration

Assistant to the First Deputy Head of the Local Administration

Assistant Deputy Head of Local Administration

Press secretary of the head of the local administration

Positions occupied without limitation of term of office

The highest group of positions

First Deputy Head of the Territorial Body of Local Administration

Deputy manager of local administration affairs

Deputy head of the territorial body of local administration

Manager of affairs of the territorial body of local administration

Head of Department, Chairman of the Local Administration Committee

Head of local administration department

Main group of positions

Deputy manager of affairs of the territorial body of local administration

Deputy Head of the Department of Local Administration

Deputy head of the local administration department

Deputy Chairman of the Local Administration Committee

Head, head of department, head of department, chairman of the committee of the territorial structural unit of the local administration

Head, head of department, which is part of the department, committee of local administration

Deputy head, deputy head of the local administration department

Head of Department, Chairman of the Committee within the Department of Local Administration

Head of department of the territorial body of local administration

Head of the department, which is part of the department of local administration

Head, head of the department that is part of the department, committee of the department of local administration

Leading group of positions

local government consultant

Deputy head, head of department, head of department, chairman of the committee of the territorial structural unit of the local administration

Head, head of the department, which is part of the department, committee of the territorial structural unit of the local administration

Deputy head of the department, which is part of the department, committee of the territorial structural unit of the local administration

Deputy head of the department of the territorial body of local administration

Deputy head of the department, which is part of the department of local administration

Deputy Head of Department, Chairman of the Committee as part of the Department of Local Administration

Deputy head of the department as part of the department, committee of the department of local administration

senior group of positions

Consultant of the territorial structural unit of the local administration

Chief specialist of the local administration

Leading specialist of the local administration

Chief specialist of the territorial structural unit of the local administration

Leading specialist of the territorial structural unit of the local administration

Chief specialist of the committee, department, department of the territorial structural unit of the local administration

Leading specialist of the committee, department, department of the territorial structural unit of the local administration

Junior group of positions

4. Requirements for state and municipal employees

In a modern legal state, those who work for society, either in state bodies or in local self-government, are subject to a number of strict requirements, for the failure of which state or municipal employees will certainly be held accountable. Moreover, the development of the mechanisms of response of an employee to civil society shows the general state of the state, the level of its modernization and democracy. political regime. Consider General requirements to state and municipal employees in the modern world.

First of all, state and municipal employees must be citizens of this state and live in it for a certain period of time. Secondly, employees must have higher education and work experience. Thirdly, since state and municipal employees have legislative and regulatory powers, rights and competencies, in accordance with their position, they must fully own the regulatory framework of the state. Fourth, employees performing their official duties should be aware of the specifics of their activities: its significance in the social space, organization, information and logistical support, specific functions in the structure and their possible competence.

Official duties, prohibitions and restrictions in the activities of state and municipal employees are prescribed in the legislation of the country. In Russia, the requirements for civil servants are established in the regulatory legal acts regulating different kinds public service. Thus, in the Federal Law on the State Civil Service, the third chapter is devoted to the status of a civil servant. With regard to the legal status of a municipal employee, the Federal Law on Municipal Service also in the third chapter enshrines the rights and obligations of employees, the requirements, restrictions and prohibitions imposed on municipal employees. We discussed this issue in detail in the second lecture of our subject.

Consider the requirements for the personal qualities of a state and municipal employee, since in a modern democratic society, the personal characteristics of a person holding a public position can affect the functioning of the entire structure as a whole and improve it qualitatively. So, it seems to us that a state and municipal employee should be a strong spirit, responsible, disciplined, possess oratory be able to capture the audience with your non-standard ideas, have an ideal biography, as well as a suitable social circle and appearance. Moreover, state and municipal employees must have a detailed knowledge of the methods of statistical processing of information, be able to apply the highest quality and effectively in their work. modern technologies for working with information resources, acting as the main elements professional activity state and municipal employees.

State and municipal employees work for the benefit of the state and society. They, as we noted in previous lessons, act as intermediaries between state power and civil society, so it is very important to what extent employees are able to communicate with people, find mutual language, be it a specialist in the migration service, a deputy of the district duma or a policeman. All of them must comply with their political image or specialized form, must have professionalism and competence as the most important principles of state and municipal service. In many cases, state and municipal employees must be savvy in the basics of human psychology and interpersonal relationships, and be aware of ways to suppress conflicts.

State and municipal employees must also comply with moral standards, have correct ethical behavior and act in accordance with moral and ethical values. In practical application, concepts and principles professional ethics public service take shape ethical requirements. Of these requirements, the domestic researcher L.P. Abramova highlights the main ones that should be presented to an employee both when entering the civil service and in the exercise of public service powers:

Commitment to the highest moral principles, loyalty to the state; a civil servant must put state interests above individual, private interests, goals and objectives of political parties, other public associations;
Compliance with the principles of public service;
Constant readiness to defend the Constitution, federal laws and laws of the subjects of the federation, never violate the provisions of the adopted oath of allegiance to the state and not waive legal demands for public office;
Honest service to the state;
The desire to find and use the most efficient and cost-effective ways to perform government tasks and functions;
The absence in the activities of a civil servant of elements of discrimination of some subjects, on the one hand, the provision of special benefits and privileges to other subjects, for special remuneration or without it, on the other;
Never accept for yourself and members of your family any benefits and advantages, while using your official powers;
Not to make any personal promises related to public service duties;
Never use any information obtained in confidence in the performance of your official duties as a means of obtaining personal gain;
Do not engage in business activities;
Expose corruption and constantly fight it in state bodies;
Observe business mode and correct communication with citizens and colleagues;
Strive to create a business image of a civil servant;
Do not publicly express your personal opinion about current political figures;
Avoid abuse of official position, mercenary or other personal interest;
In dealing with citizens, both in the exercise of their powers and in off-duty relationships, observe the generally accepted rules of conduct; behave with dignity; demonstrate polite, correct treatment, impartiality, adherence to principles, the desire to deeply understand the essence of the issue, the ability to listen and understand another position; equal treatment of all citizens and legal entities; balance of opinions expressed and accepted management decisions.

Thus, the ethics of a state and municipal employee is manifested through the attitude towards the people for whom he performs his work. The state expresses the interests of its people, and employees realize these interests. Therefore, for everything that a civil servant or a representative of local self-government does, he is responsible to people.

5. Restrictions and prohibitions in the state and municipal service

In the previous question, we examined the general requirements for state and municipal employees in a modern legal state. We will study the restrictions and prohibitions in force in the service using an example Russian experience. First of all, it should be noted that these provisions are enshrined in federal laws regulating various types of public service. The issue of restrictions and prohibitions in the municipal service is discussed in detail in the second lecture on the subject. With regard to restrictions in the civil service of Russia, we will focus on the provisions of the federal law on the civil service, since it provides a more complete list of such restrictions, besides, they also correspond to other types of public service. Restrictions in the state civil service of the Russian Federation:

1. A citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service if:

1) recognition of him as incapable or partially incapacitated by a court decision that has entered into legal force;

2) his conviction to a punishment that excludes the possibility of performing official duties in a position of public service (civil service), by a court verdict that has entered into legal force, and also in the event of a conviction that has not been expunged or not canceled in accordance with the procedure established by federal law;

3) refusal to go through the procedure for obtaining access to information constituting state and other secrets protected by federal law, if the performance of official duties in the position of the civil service, for which the citizen claims, or in the position of the civil service occupied by a civil servant, is associated with the use of such information;

4) the presence of a disease that prevents entry into the civil service or its passage and confirmed by the conclusion medical institution. The procedure for undergoing medical examination, the list of such diseases and the form of conclusion of a medical institution are established by the federal body authorized by the Government of the Russian Federation executive power;

5) close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with a civil servant, if the replacement of a civil service position is associated with direct subordination or control of one of them to another;

6) renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;

7) citizenship of another state (other states), unless otherwise provided international treaty Russian Federation;

8) submission of forged documents or deliberately false information when entering the civil service;

9) failure to provide the information established by this Federal Law or submission of knowingly false information about income, property and liabilities of a property nature;

10) non-compliance with restrictions, violation of prohibitions and failure to fulfill obligations established by the Federal Law "On Combating Corruption" .

Also, on the example of civil servants, consider prohibitions established by the federal law on the state civil service:

1. In connection with the passage of the civil service, a civil servant is prohibited from:

1) to participate on a paid basis in the activities of the management body of a commercial organization, with the exception of cases established by federal law;

3) carry out entrepreneurial activities;

4) acquire in cases established by federal law, securities on which income can be received;

5) be an attorney or representative for third parties in the state body in which he replaces the position of the civil service, unless otherwise provided by this Federal Law and other federal laws;

6) receive in connection with the performance of official duties remuneration from individuals and legal entities (gifts, monetary remuneration, loans, services, payment for entertainment, recreation, transportation costs and other remuneration). Gifts received by a civil servant in connection with protocol events, business trips and other official events are recognized as federal property and the property of a constituent entity of the Russian Federation, respectively, and are transferred to civil servants under an act to a state body;

7) travel in connection with the performance of official duties outside the territory of the Russian Federation 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 between federal bodies state power, state authorities of the constituent entities of the Russian Federation and state bodies of other states, international and foreign organizations;

8) use for purposes not related to the performance of official duties, means of material, technical and other support, other state property, as well as transfer them to other persons;

9) disclose or use for purposes not related to the civil service, information classified in accordance with federal law as confidential information, or proprietary information that became known to him in connection with the performance of official duties;

10) allow public statements, judgments and assessments, including in the media mass media, in relation to the activities of state bodies, their heads, including decisions of a higher state body or a state body in which a civil servant replaces a civil service position, if this is not part of his official duties;

11) accept awards, honorary and special titles (with the exception of scientific ones) of foreign states without the written permission of the employer's representative, international organizations, as well as political parties, other public associations and religious associations if his official duties include interaction with the indicated organizations and associations;

12) use the advantages of their official position for pre-election campaigning, as well as for campaigning on referendum issues;

13) use official powers in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express their attitude towards these associations and organizations as a civil servant, if this is not part of his official duties;

14) create structures of political parties, other public associations (with the exception of trade unions, veterans and other bodies of public amateur performance) and religious associations in state bodies or facilitate the creation of these structures;

15) terminate the performance of official duties in order to resolve an official dispute;

16) be a member of the governing bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;

17) engage in paid activities without the written permission of the representative of the employer, financed exclusively at the expense of funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

List of used literature:

Regulations

1. Decree of the President of the Russian Federation of January 11, 1995 N 32 "On public positions of the Russian Federation" (with amendments and additions) // URL: System GARANT: http://base.garant.ru/10103572/#ixzz3GUgEcqwP

2. Decree of the President of the Russian Federation of December 31, 2005 N 1574 “On the Register of Positions of the Federal State Civil Service” (with amendments and additions) // URL: GARANT System: http://base.garant.ru/189039/#ixzz3GUfXnLAV ( date of access: 10/18/2014).

3. Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (as amended) // URL: GARANT System: http://base.garant.ru/178405/#ixzz3GUdnJo1w

4. Federal Law of May 27, 2003 No. 58-FZ “On the System of the Public Service of the Russian Federation” (as amended and supplemented) // URL: GARANT System: http://base.garant.ru/185886/# ixzz3Fv9bqfSk (accessed 10/12/2014).

5. Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation” // URL: GARANT System: http://base.garant.ru/186367/#ixzz3Fv8czZ7s (accessed: 10/12/2014).

6. Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation” // URL: GARANT System: http://base.garant.ru/12136354/#ixzz3GUpuT9Bg (date of access: 10/18/2014 ).

7. Federal Law of March 2, 2007 N 25-FZ “On Municipal Service in the Russian Federation” (with amendments and additions) // URL: GARANT System: http://base.garant.ru/12152272/#ixzz3GUdD2X2M ( date of access: 10/18/2014).

8. Federal Law “On the Police” dated February 7, 2011 N 3-FZ // URL: GARANT System: http://base.garant.ru/12182530/#ixzz3GUeKvRRV (date of access: 10/18/2014).

9. Law of the Volgograd Region of March 1, 2010 N 2001-OD "On Amendments to the Law of the Volgograd Region of February 11, 2008 N 1626-OD" On Certain Issues of Municipal Service in the Volgograd Region" // URL: GARANT System: http://base.garant.ru/20149456/#ixzz3GUcE0jVi (accessed 10/18/2014).

Scientific and educational literature:

10. Abramova L.P. Ethics of public service. SPb. - Academy of Civil Service under the President of the Russian Federation, 2001. - 81 p.

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Introduction

1. The history of the emergence and development of the civil service in Russia

2. The emergence and development of the civil service in the Russian Federation

3. Legislation on the civil service of the Russian Federation

4. Prospects for the development of the civil service of the Russian Federation

Conclusion

Bibliography

INTRODUCTION

The state service is organized by the state itself, using laws and legal acts. The legislation on the service is an indispensable condition for all its organization and activities. The presence of various types of legislation is hallmark for the development of service legislation. The first type is, as a rule, laws (decrees, decrees, etc.) on public service; the second - acts on other issues state activities, in which the regulation of relations in the service is carried out in part in connection with the main issue.

All this is also characteristic of the development of legislation on the service of the Russian state. The reforms of Peter I are a fundamental factor in streamlining relations in the public service. The most important for the civil service were the Table of Ranks, according to which 14 classes were established for officials and the Civil Service Law of 1896, which incorporated many of the norms of the previous civil service acts and which was in force until 1917.

The Soviet state throughout its history paid very little attention to the legal regulation of the civil service. This state of legislation on service, in particular, the absence of a law on public service for 70 years, has its own explanation. Personnel policy was completely in the hands of the CPSU, which almost did not build the leadership of the state on the basis of the law. Basic organizational form the solution of personnel issues was the nomenclature, not provided for by any legislation.

The Law "On the Fundamentals of the Civil Service of the Russian Federation" for the first time lays down the legal and organizational foundations of the civil service in relation to modern conditions social and state character.

1. HISTORY OF THE ORIGIN AND DEVELOPMENT OF THE CIVIL SERVICE IN RUSSIA

1.1 Civil service system

The civil service took shape during the period of bourgeois constitutions. However, it cannot be said that before the adoption of written constitutions in bourgeois states there was no civil service (we recall that, in accordance with the doctrine of the rule of law adopted in bourgeois states, constitutionality is the first sign of a rule of law state).

Based on scientific research and the achievements of scientists involved in the study of the issue of the origin of the state, the general principles of management and organization of society, primarily L. Morgan, F. Engels, Mongait about primitive society, and not yet scientifically challenged by anyone, we can draw the following picture of the origin of the state and civil service.

Public service can be understood as any work performed in state bodies and differing in content and form from the work of workers. This approach to public service is based on the identification of two main forms of people's labor activity: the direct creation of material values, goods (workers) and the implementation of management, management, control, supervision, accounting (employees) functions. In the latter case, people either create spiritual values or perform the functions of state bodies.

Public Service of the Russian Federation - professional service activities of citizens of the Russian Federation to ensure the execution of the powers of the Russian Federation; federal bodies state power, other federal state bodies; subjects of the Russian Federation; public authorities of the subjects of the Russian Federation, other state bodies of the subjects of the Russian Federation; persons replacing positions established by the Constitution, federal laws for the direct execution of the powers of federal state bodies; persons replacing positions established by the constitutions, charters, laws of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies of the constituent entities of the Russian Federation.

General features of public service are:

1) replacement of civil servants in the civil service, provided for by the staffing of the state body;

2) execution of the powers of a state body, specific official duties with the establishment of a monetary allowance for an employee.

There are three main types of public service:

· state civil,

military,

law enforcement.

Civil service - a type of public service, which is a professional service activity of citizens of the Russian Federation (hereinafter referred to as citizens) in positions of the state civil service (hereinafter referred to as civil service positions) to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons replacing state positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation.

Military service - a type of federal public service, which is a professional service activity of citizens in military positions in the Armed Forces of the Russian Federation, other troops, military (special) formations and bodies that perform the functions of ensuring the defense and security of the state.

Law enforcement service - a type of federal public service, which is a professional service activity of citizens in the positions of law enforcement service in state bodies, services and institutions that perform the functions of ensuring security, law and order, combating crime, protecting the rights and freedoms of man and citizen.

Thus, in the definition of public service, the following aspects can be distinguished:

l public service is a professional activity, i.e. activity that is a profession for a civil servant and, as a rule, it is associated with the fulfillment by him of special powers as the main type of activity;

l within the framework of the activities carried out, the competence of state bodies is implemented;

l this activity is aimed at ensuring the functioning of state bodies;

l such activity is the performance of official duties, i.e. in this case, the personal aspect of the concept of public service is obvious, since duties belong not to the public service, not to the position, but to the public servant himself;

b mandatory requirement for a civil servant is the citizenship of the Russian Federation.

1.2 Civil service principles

The principles of public service should objectively reflect the essence of the public service, its most important features; they reveal the general nature of the managerial, executive-administrative and other administrative activities of civil servants, fix them in the norms included in the legal institution of the civil service. The principles of public service establish the most important patterns in the system of organization and functioning of the public service. They determine the significance, legitimacy and social value of relations that arise in the public service system. The lack of legal principles of public service can lead to arbitrariness, disorganization and lawlessness.

The Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ provides for the following principles of the civil service:

1) priority of human and civil rights and freedoms;

2) the unity of the legal and organizational foundations of the federal civil service and the civil service of the constituent entities of the Russian Federation;

3) equal access for citizens who own state language Russian Federation, to civil service and equal conditions for its passage, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances not related to professional and business qualities of a civil servant;

4) professionalism and competence of civil servants;

5) stability of the civil service;

6) availability of information about the civil service;

7) interaction with public associations and citizens;

8) protection of civil servants from unlawful interference in their professional activities.

When classifying the principles of public service, it is advisable, as in the study of the principles of public administration, to single out constitutional and organizational principles. Constitutional principles are conditioned by the provisions of the Constitution of the Russian Federation, which are specified in the relevant legislative acts. Organizational principles reflect the mechanism for the construction and functioning of the civil service, the state apparatus and its units, the division of managerial labor, and the provision of effective administrative activities in state bodies.

The constitutional principles of public service include the following:

1. The principle of the supremacy of the Constitution of the Russian Federation and federal laws over other regulatory legal acts, job descriptions when civil servants perform official duties and ensure their rights. In the Federal Law "On the system of public service of the Russian Federation" dated May 27, 2003 No. 58-FZ, it is called the principle of legality. A civil servant is obliged to perform all his actions only within the competence of the state body in which he holds a public position, and in accordance with the legislation of the Russian Federation. This also includes the principle of fidelity of civil servants to the state in the performance of official duties and the principle of trust in employees by the state and citizens.

2. The principle of priority of the rights and freedoms of man and citizen. The rights and freedoms of man and citizen are the highest value. The possession of rights and freedoms provides an individual with the opportunity to be an independent subject, capable of asserting himself as a worthy member of society. The essence of this principle implies the organization of such activities of the state apparatus, which would guarantee the rights and legitimate interests of every citizen in the social, economic and other spheres of life.

3. The principle of the unity of the system of state power, the delimitation of subjects of jurisdiction between the Russian Federation and the subjects of the Russian Federation. The Federal Law “On the System of the Civil Service of the Russian Federation” dated May 27, 2003 No. 58-FZ associates it with the principle of federalism, which ensures the unity of the civil service system and compliance with the constitutional delineation of jurisdiction and powers between federal state authorities and state authorities of the constituent entities of the Russian Federation. No state body, and consequently, no type of public service, no public servants can claim the sovereign exercise of state power.

4. The principle of separation of legislative, executive and judiciary. Each type of public service, which performs one of the three functions of state power, interacts with other state bodies, and at the same time they limit and balance each other.

5. The principle of equal access of citizens to public service in accordance with their abilities and professional training. Citizens of the Russian Federation have equal access to public service. This constitutional norm corresponds to Art. 25 of the "International Covenant on Civil and Political Rights of December 16, 1966", according to which every citizen must, without any discrimination and without unreasonable restrictions, be admitted in his country on general conditions of equality to public service. This principle means the equal right of citizens to occupy any public position in accordance with their abilities and professional training.

6. The principle of non-partisan civil service; separation of religious associations from the state. Structures of political parties, religious, public associations, with the exception of trade unions, cannot be formed in state bodies. The main guideline for the activity of a civil servant should be public, and therefore state interests; employees cannot take part in political activity in the performance of their official duties; they are obliged to be neutral towards the political struggle of various parties and movements. Everything that connects an employee with politics should be recognized as his private matter, incompatible with public service.

The organizational and functional principles of the public service are:

1. The principle of obligation 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. The principle is revealed in two main provisions - firstly, lower civil servants are obliged to fulfill the decisions made by higher state bodies and leaders; secondly, these decisions of officials must be legal. This principle contributes to ensuring the normal activities of state bodies (public administration), taking into account the construction of the entire state apparatus on traditional principles management organizations.

2. The principle of unity of the basic requirements for public service. All requirements established in legislative acts - both for the civil service and for a civil servant: qualification requirements for employees, requirements for the performance of their official duties, certification of civil servants, application of measures of disciplinary liability to them, and so on.

3. The principle of professionalism and competence of civil servants. The principle is characterized by the following common features: the competence of civil servants - their knowledge of the matter, the availability of the necessary professional education, skills in work, the study and development of best practices; systematic high-quality performance by employees of various operations, decision-making, stability of service relations, a sense of sustainability of official activities, the benefits and quality of the work performed; turnover of employees of the apparatus, which ensures dynamism in the public service system, the influx of new ideas into it, the improvement of management methods, wider communication with the population, the suppression of stagnation, conservatism, bureaucracy, and a decrease in the sense of responsibility; a combination of turnover of managerial personnel with the stability of qualified, conscientious, enterprising employees, their timely promotion or transfer to other responsible areas management activities taking into account the desire, qualifications and experience; a combination of young civil servants and specialists in the apparatus of state bodies, transferring their experience and skills to them.

4. The principle of publicity in the implementation of public service. The principle means the openness of the civil service and its accessibility to public control, objective informing the society about the activities of civil servants. Publicity in the implementation of public service is due, on the one hand, to the provision on the need for citizens to participate in the management of the state and society, and on the other hand, to the need to constantly take into account the opinions of citizens in solving state problems.

5. The principle of responsibility of civil servants for prepared and adopted decisions, failure to perform or improper performance of their official duties. This principle boils down to the establishment by the legislator of responsibility (disciplinary, administrative, material, criminal) for misconduct or inaction of public officials.

6. The principle of stability of civil servants. Stability, from the point of view of the legislator, is manifested in maintaining the management of the civil service at a level that allows the qualitative implementation of the functions of the state.

7. The principle of the relationship between state and municipal service. The state and municipal services are types of a single public service, they have similar legal regulation, the same practical significance for society, therefore, their development should take place in interconnection.

8. The principle of social and legal protection of civil servants means the creation necessary conditions for the normal activities of management personnel; increasing the prestige of the work of civil servants and the civil service itself; the establishment of a sufficiently high wage, the use of a system of bonus payments, medical care, state insurance, and the optimal solution of pension issues.

Thus, separation in the system of state bodies, and, accordingly, in public services is necessary to maintain a balance between services, law and order, therefore, all the principles existing in the system are needed to regulate them.

2. ORIGIN AND DEVELOPMENT OF CIVIL SERVICE IN RUSSIA

The need for the existence of a civil service and its legal regulation is due to the very existence of the state with its tasks and functions. All world experience and the state of social relations, even in countries with a high culture of democracy, show that modern society cannot function and develop normally outside the state, the state apparatus and the framework of behavior determined by them. In order for the Russian Federation to become a democratic, social, legal state, there is no doubt that a sufficiently powerful, qualified and moral state apparatus is needed, an apparatus of other qualities and properties than existed before the radical political, economic and social reforms.

The State Service of Russia began to take shape as the formation of statehood itself. AT Kievan Rus In the 9th-11th centuries, certain functions or management of the branches of the princely palace economy were carried out by tiuns and elders. Moreover, initially the category of people managing the princely court was dependent, that is, they were not servants, but serfs. Over time, these palace administrators turn into managers of the branches of the princely (state) economy. The princely squad cannot be considered a public service, since the prince was considered in the squad "first among equals" and in this military formation there were relations that differed from the relations of "service".

The public service began to develop actively during the formation of the Moscow centralized state from the 12th to the 15th centuries. It was during this period that a centralized state apparatus was created, completely new structures of power in the Muscovite state. The basis of the new statehood was the system of relations, when the category of service people (nobles) received for their service, both military and civilian, a land allotment for food. Allotment was given for the period of service. Servants are already serving, receiving maintenance for this. By the 15th century, various reductions in feudal privileges and immunities took place. There is a hierarchy of court ranks given for service: roundabout, butler, treasurer, ranks of duma nobles, duma clerks.

The principle of parochialism is being formed, linking the possibility of holding public office with the origin of the candidate, his generosity. Until the 12th century, all these relations continued to develop and strengthen. In the middle of the 16th century, the first attempt was made to legally equate the patrimony (feudal land ownership) with the estate (service land ownership). A unified procedure for state (military service) is being established, when, regardless of the form of land ownership, it was obliged to exhibit the same number armed people. A system of orders is developing, as central bodies with strict subordination along the vertical and strict management of instructions and assumptions along the horizontal. On the ground, under the governors, special administrative apparatuses are also being created.

Thus, to XVII century in Russia, the prikaz-voivodship system of government developed. For the nobles, other service classes, public service was obligatory. It was based on land allotments, personal merit, and generosity. The legislation governing the service is also developing. These are the Sudebniks of 1497 and 1550, the Cathedral Code of 1649, grand ducal and then royal decrees.

The accession to the throne in 1682 of the young Peter I marked the development and strengthening of the new system of state bodies, rather radical changes. political system generally. For the transformations carried out by Peter I, he forces the nobility to serve. The legal status of the nobility was significantly changed by the adoption of the Decree of Uniform Succession of 1714, which secured the inheritance of the estate only for the eldest son. The rest of the children were forced to take military or civil service and serve for a salary. The Table of Ranks (1722) became a logical continuation of the Decree on single inheritance. Professional qualities, personal devotion and length of service become decisive for promotion. Report card formulated new system ranks and positions. Terms of service in certain ranks were established. With the achievement of the ranks of the eighth grade, the official was awarded the title of hereditary nobleman, with the transfer of this title by inheritance, from the fourteenth to the seventh grade, the official received personal nobility. Thus, the principle of long service subordinated the principle of generosity. The table of ranks equalized the military and civil service. Each military rank corresponded to a civil rank, and the principles of promotion were similar. The training of personnel for the new state apparatus began to be carried out in special schools and academies in Russia and abroad. Education and special training are becoming the most important doctors determining the qualifications of an official. The civil service is centralized and uniform throughout the country. The service is already regulated by special legislative acts: the General Regulations (1720), seven regulations for various boards that determine the general structure, status and direction of the activities of individual state institutions, the Military Charter. In addition, the service was regulated by manifestos, decrees of the king, and then the emperor.

In the second half of the 18th century, under Catherine II, the system gilded by Peter I continued to improve. A provincial reform and a number of reforms of state bodies are being carried out. The most important acts were the Manifesto Peter III"On the granting of liberty and freedom to everything Russian nobility"(1762) and a similar decree on the noble liberties of Catherine herself - II. They exempted the nobility from compulsory military and civil service. Thus, after Peter I, there is a gradual weakening, and then the abolition of the obligatory state service for the main service class - the nobility, it has become their privilege.

The public service received a new development in the first half of the 19th century. Its development is associated with the name of the outstanding statesman of Russia - Speransky Mikhail Mikhailovich. In 1809, he prepares a Decree on the compulsory examination for public office. An educational qualification was established, a compulsory higher university education to fill a number of positions. And although this decree was canceled under pressure from the bureaucracy, nevertheless, it introduced new principles of public service, which later found application. In 1832, the "Charter on the Civil Service" was adopted, in 1834 the "Rules on the Procedure for Promotion to the Civil Service", in 1845 changes were introduced to the Table of Ranks. During the 19th century, a number of provisions characterizing the public service were established. It's a ban family ties in the service, maintaining a certain lifestyle that should not undermine the authority and dignity of state power, the prohibition of certain occupations, maintenance, depending on the rank and position, including salaries, dining and apartment money, the right to benefits and pensions upon retirement. Enhanced criminal protection against crimes in the performance of their duties was guaranteed, and a special procedure was established for bringing state officials themselves to trial. Civil servants of the empire had established uniforms, each was followed by a mandatory service record (form list), dismissal was made at the request, and so on. Thus, we can conclude that before 1917 Russia had detailed legislation on the civil service and a developed civil service as a model.

3. LEGISLATION ON THE CIVIL SERVICE OF THE RUSSIAN FEDERATION

public service public competence

The normative legal acts regulating public-service relations of the public service, both in a broad sense and in its narrow sense, are the following:

1. The Constitution of the Russian Federation;

2. Constitutions of the republics that are subjects of the Russian Federation, which, along with the principles of public service, establish some other important provisions of a public service nature;

3. Statutes of the constituent entities of the Russian Federation, containing norms on the civil service of the constituent entities of the Federation;

4. Special federal constitutional laws and federal laws, as well as other legislative acts regulating state-service relations in the field of public service or, to some extent, related to the institution of public services. (For example, the Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992 No. 2202-1 as amended by the Federal Laws dated November 28, 2009 No. 303-FZ);

5. Decrees and orders of the President of the Russian Federation (For example, Decree of the President of the Russian Federation “On approval of the general principles of official conduct of civil servants” dated 12.08.2002 No. 885 as amended by Decrees of the President of the Russian Federation dated 16.07.2009 No. 814);

6. Normative legal acts of the Government of the Russian Federation on civil service issues (For example, Questionnaire of a citizen of the Russian Federation who expressed a desire to participate in the competition for filling a vacant position in the civil service of the Russian Federation, approved by order of the Government of the Russian Federation dated May 26, 2005 No. 667-r);

7. Normative legal acts issued by federal executive authorities (federal ministries, services, agencies);

8. Decisions of the Constitutional Court of the Russian Federation.

The most important law for civil servants is the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service", which entered into force on February 1, 2005.

Chapter 1. General Provisions

Article 1. Public Service of the Russian Federation

Article 2. System of civil service

Article 3. Basic principles for the construction and functioning of the civil service system

Article 4. Federal public service

Article 5. State civil service

Article 6. Military service

Article 7. Law enforcement service

Article 8. Positions of the civil service

Article 9. Registers of civil service positions

Article 10. Public servants

Chapter 2 General terms public service

Article 11. Formation of the personnel of the civil service

Article 12

Article 13. Class ranks, diplomatic ranks, military and special ranks

Article 14 Personal data of civil servants

Article 15. Registers of civil servants

Chapter 3. Public Service Management System

Article 16. Management of the public service

Article 17

Article 18. Financing of the public service and programs for its reform and development

Article 18.1. Military service in the Russian Federation of foreign citizens

Chapter 4. Entry into force of this federal law

Article 19. Entry into force of this Federal Law

The Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation", being a product of the reform, adopted many innovative approaches inherent in the most advanced analogues of this institution in the most developed countries, contains legal novelties, in a sense ahead of readiness to their implementation by all interested participants in the relations regulated by it. It establishes the legal, organizational and economic foundations of the civil service as independent species in the public service system, defines the foundations legal status the entire corps of civil servants. The positive potential of this Law, however, has not yet been revealed, not least because of the fact that some by-laws have not yet been adopted, but often also for reasons of an ambiguous understanding of its normative content. At the same time, it is impossible not to notice the contradictions in a number of provisions of the Law itself, the norms of a conflicting nature contained in it, leaving gaps in the legal regulation of public service relations.

However, the practice of applying the Law indicates a great need for scientific and methodological support for law enforcement. Right Understanding the norms of the Law, focused on solving practical problems, are associated with a variety of issues that arise when entering the civil service, in the process of passing it, realizing the status of a civil servant, up to and including dismissal from service.

The main directions of the civil service reform were determined by the Concept of Reforming the Public Service System of the Russian Federation, approved by the President of the Russian Federation on August 15, 2001. In order to implement it, on November 19, 2002, by Decree of the President of the Russian Federation No. 1336, the federal program "Reforming the Civil Service of the Russian Federation (2003-2005)" was approved, the validity of which was extended for two subsequent years. As a result, a set of measures was taken to create legislative framework civil service, associated with its openness to citizens, improvement of work with personnel, introduction of new information technologies in the state apparatus, etc. The civil service has become a legal, social, organizational institution for ensuring that civil servants perform the functions of the state, the activities of state bodies.

4. PROSPECTS FOR THE DEVELOPMENT OF THE CIVIL SERVICE OF THE RUSSIAN FEDERATION

The attention of scientists to the study of the essence, content and functional features public service. Public service in the modern sense is " special kind socially useful professional activity. Its originality lies in the fact that a civil servant acts as an agent of public authority, the bearer of part of the powers of the state body in which he holds a full-time public position. It serves not a private person, not an owner pursuing personal interests, but a general impersonal - that is, a higher and more significant - beginning ". It seems that the Russian statehood acts as such a high beginning, the strengthening of which is largely determined by efficiency, professionalism, and stable functioning state apparatus.

On May 22, 2009 at 13:00, the GARANT Information Agency hosted an online interview with the Deputy Head of the State Civil Service Department of the Ministry of Defense of the Russian Federation Konstantin Nikolayevich Shchukin.

Topic: "Prospects for the development of the state civil service in the Ministry of Defense of the Russian Federation" During the interview, truly topical issues were raised.

“The President of the Russian Federation adopted Decree of March 10, 2009 N 261 “On federal program"Reforming and developing the system of the civil service of the Russian Federation (2009-2013)", in accordance with which the efficiency of the civil service of the Russian Federation and the effectiveness of the professional performance of civil servants are increased. Also, with the adoption of the new Federal Law on Military Service, a comprehensive legal framework for the civil service as a whole will be created. It is supposed to develop and introduce modern personnel, information and educational technologies. It is necessary to streamline the passage of the civil service on the basis of service contracts, filling positions on a competitive basis. The issues of formation of a personnel reserve and the salaries of civil servants at all levels must be systematically settled. It is necessary to carry out work related to the introduction of job regulations that take into account indicators of the efficiency and effectiveness of the professional performance of a civil servant.”

Let's turn to another department:

"Prospects for providing public services in in electronic format Federal Service for State Registration, Cadastre and Cartography. In an effort to simplify the procedure for the provision of public services, make the service better and more affordable, and reduce its time, the Federal Service for State Registration, Cadastre and Cartography has begun large-scale provision of services in electronic form. last years this format of service has gained particular relevance in Russia. The number of applications submitted by citizens and organizations via the Internet is growing significantly. To date, the public services portal of Rosreestr provides the following services: free receipt of publicly available background information from the State Real Estate Cadastre (GKN) and state register rights (GRP) in real time; - providing information about the territorial departments: schedule, contacts, directions, webcams; - provision upon request of information from the state real estate cadastre in the form of legally significant electronic documents (only for individuals); - interactive public cadastral map; - Questionnaire "Organization of the reception of citizens"; - setting objects for cadastral registration in electronic form; - free distribution of the necessary software for the subsequent filling of an application for cadastral registration in electronic form.

The main goals and objectives of reforming the public service system of the Russian Federation were formulated in the Concept for Reforming the Public Service System of the Russian Federation, approved by the President of the Russian Federation in 2001 (hereinafter referred to as the Concept).

An important stage in the reform of the civil service was the adoption in 2003 of the Federal Law "On the System of the Civil Service of the Russian Federation", in 2004 the Federal Law "On the State Civil Service of the Russian Federation". In 2007, the Federal Law “On Municipal Service in the Russian Federation” was adopted.

In order to implement federal laws on public service, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation were issued.

New approaches to the formation of the personnel of the civil service have been identified, competitive selection has been introduced for vacant positions in the civil service and qualification requirements for civil servants have been specified, the participation of independent experts in attestation, competitive commissions and in commissions for compliance with the requirements for official behavior and conflict resolution is ensured. interests in the civil service.

The implementation of this Program will make it possible to complete the qualitative transformation of the civil service system, optimize its organization and functioning on the basis of the principles established by the legislation of the Russian Federation, introduce modern personnel, information, educational and management technologies in the civil service.

The success of reforming and developing the civil service system depends on the development and implementation of measures aimed at modernizing the civil service as a single system, as well as practical use new technologies of public administration. The modern civil service should be open, competitive and prestigious, focused on the performance of civil servants to ensure the execution of the powers of state bodies, should actively interact with institutions civil society.

The purpose of the reform is to create complete system civil service by completing the reform of its types and creating a civil service management system, forming a highly qualified civil service staff that ensures the effectiveness of public administration, the development of civil society and an innovative economy.

CONCLUSION

An indispensable aspect of the formation of a new Russian statehood is the formation and development of the institution of the state civil service, which occupies a priority place in the implementation of the tasks and functions of state power. This institution is present in all branches and at all levels of government: in the apparatus of representative and judicial authorities, in executive authorities, including military and law enforcement, realizing special goals and tasks on behalf of the state using military force and state coercion.

In modern Russia, the formation of the institution of civil service began with the adoption of the Decree of the President of the Russian Federation of December 22, 1993 No. 2267 "On Approval of the Regulations on the Federal Public Service" (lost force). Two years later, Federal Law No. 119-FZ of July 31, 1995 “On the Fundamentals of the Civil Service of the Russian Federation” came into force (it became invalid due to the adoption of Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service Russian Federation”), which legally formalized this institution.

With all the numerous normative legal acts regulating the issues of the civil service in the 1990s, the legislation had significant gaps. The vast majority of sources of service law were acts of the President of the Russian Federation, as well as the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation". At the same time, the law, designed to create a stable legal basis for the development and strengthening of the civil service, did not fulfill its task.

He did not eliminate such threatening phenomena as the uncontrolled growth of managerial personnel; the flourishing of bureaucracy, which stifles the growth of new economic relations and distorts the state's social policy; the inclusion of part of the bureaucracy at different levels of government in the political struggle, which led to the sabotage of government decisions; corruption that has penetrated into the state and municipal apparatus; a dangerously low level of executive discipline; inconsistency in the work of ministries, departments, other state bodies.

The stability and dynamism of the development of modern Russia are increasingly beginning to depend on the effectiveness of management systems and the state of the public service.

Public service is a complex phenomenon, has various aspects (political, organizational, economic, regulatory, personnel, analytical, social, psychological, and others) and therefore is the object of study of many branches of science. The study of problems arising in the field of public service is of both scientific and practical interest today.

BIBLIOGRAPHY

1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993)

2. Federal Law "On the system of public service in Russia" dated May 27, 2003 No. 58-FZ

3. Federal Law "On the State Civil Service of the Russian Federation" dated July 24, 2004 No. 79-FZ

4. Atamanchuk, G.V. The essence of public service: history, theory, law, practice. - M., 2008. - P.134.

5. Verkhoturov Yu.I. Development Russian legislation on civil service in the second half of the 16th and 18th centuries. // Jurisprudence. 2003. No. 6. pp. 177 - 184.

6. Citizens V.D. State civil service. - M.: Yurkniga, 2005.

7. Ovsyanko D.M. Public service of the Russian Federation: Tutorial. - M., 2008.

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Introduction

The modern public service of the Russian Federation is a legal matter that is in constant motion: it is changing, supplemented, new tools are being searched for in resolving existing problems, new regulations are being developed that regulate public service relations. Modern development legislation allows us to assert that Russia is on the way to the revival of the institution of professional bureaucracy. This institution, based on the professionalism, abilities, political neutrality of employees and the quality performance of official duties, in many countries ensures stable public administration and is the most important factor preservation and development of statehood.

The purpose of the work is to reveal the topic “Legislation on public service”.

Work tasks:

To study the history of the development of public service in the Russian Federation.

To reveal the constitutional and legal foundations of the public service of the Russian Federation.

The legal basis of the civil service in the Russian Federation is regulated by the following legal acts:

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One of the first acts Soviet power Decree of November 1917 "On the destruction of estates and civil ranks." Its publication was due to a number of reasons, but, above all, the idea of breaking the old state apparatus and abolishing all bureaucracy, the complete unification of legislative and administrative functions in the hands of representative institutions. The system of positions and ranks was replaced by the party-state nomenclature, which existed throughout the Soviet period until the start of perestroika in 1987. In the USSR, she was engaged in the development of personnel policy communist party. Its decision served as the basis for the legal regulation of the civil service.

In the USSR there was no law on public service, and very little was said about its legal regulation. The procedure for recruiting positions of civil servants was determined in constitutions, laws on councils of ministers and local councils of people's deputies, in government decrees and a number of other legal normative acts. They also identified specific bodies and officials authorized to decide on the recruitment of positions of civil servants. For example, temporary rules were applied on work in state institutions and enterprises, approved by the Decree of the Council of People's Commissars of the RSFSR of 01.01.01; decrees on the introduction of class ranks, ranks and special ranks in certain branches of government: Unified nomenclature of positions, approved by the USSR State Labor Committee on September 9, 1967; Regulations on disciplinary responsibility in the order of subordination, approved by the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR on March 20, 1932. The organization of work with personnel in the USSR was based on the principle of party membership and the principle of the nomenclature of posts. The latter meant that all positions of civil servants were divided on the basis of seniority into a number of groups (nomenclatures), the recruitment of each of which was received by a certain body or official. The purpose of this division was to distribute the entire volume of work on recruiting positions of civil servants among specific bodies (officials), taking into account the importance of the positions, since the nomenclature of positions reflected the level of qualification and training profile of a specialist who should hold a position according to the staff list.

There was also a list of positions (nomenclature), candidates for which were approved by party bodies different levels. The right to appoint heads of economic, law enforcement, military, trade union and other departments and organizations was distributed among the hierarchical structures of the CPSU: the nomenclature of the Politburo, the nomenclature of the Secretariat of the Central Committee, the nomenclature of departments of the Central Committee, the nomenclature of regional committees (krai committees), the nomenclature of district committees. The selection of personnel was carried out through the organizational departments of the relevant committees of the CPSU.

In 1987 began in December 1991. the dismantling of the party-state machine of the USSR ended. But only part of it was destroyed - the party superstructure, and the Soviet apparatus remained almost in the same form in which it had been for decades.

After the collapse of the USSR, a multi-party system began to take shape in Russia and personnel policy has not yet received a clear and official expression. However, the principle of the nomenklatura, as one of the foundations of the organization of the public service, when the Constitution of 1993 was adopted. has been saved. Thus, Article 83 established the competence of the President to appoint and dismiss authorized representatives of the Russian Federation in foreign states and international organizations.

The reform of the Russian civil service is inextricably linked with the implementation of economic, social, and political reforms. This is confirmed by world experience. The first thing they did after the war, for example, Austria, Italy, Germany. France Finland - carried out a reform of their public services. Framework law on other European countries in 1964, and within 2-3 years they were specified by laws on incomes and pensions of civil servants, on the order of service, etc. Only after reforming the civil service, these countries began economic reforms.

The goal of reforming the civil service at first (until about 2000) was to create a new type of state apparatus capable of working in those and future political and economic conditions, the apparatus is highly professional, economical and disciplined. For this, it was necessary to establish the appropriate administrative and legal status of civil servants.

A fundamentally important role in the legal regulation of the civil service belongs to the Constitution of the Russian Federation, adopted on December 12, 1993. It is she who defines the state positions of the Russian Federation, intended for the direct execution of the powers of state bodies. The Constitution also defines the competence of the President, the Federation Council and State Duma on appointment and dismissal of civil servants.

Public service is interpreted in a broad and narrow sense. Public service is broadly understood to mean labor activity employees, their performance of official functions in state bodies, enterprises, institutions and organizations. In a narrow sense, civil service is understood as the performance by employees of their official duties in public authorities (in the state apparatus).

Through the public service, the tasks and functions of state bodies are implemented. This type of social activity is of a state-powerful nature and is carried out by citizens who are called civil servants, i.e. persons who, in the prescribed manner, fill one or another position in a state body, at an enterprise, in an institution and other state organization.

The position is understood as a complex of duties and rights, as well as responsibility, which determine the content of the employee's activities, his place and role in the system of state structures. A person holding a position for remuneration performs various official functions: managerial (heads of a body, institution, etc.), law enforcement (police officer, etc.), socio-cultural (teacher, doctor, etc.), service functions (clerk , secretary, etc.), etc. The public service is carried out by professionals. Professionalism is due to the need for both competent and consistent implementation of the activities of state bodies and other structures.

Normative legal acts regulating the activities of the Ministry of Internal Affairs of Russia

3. On countering terrorism March 6, 2006

5. On military duty and military service March 28, 1998

principles of public service. The principles are understood as the fundamental ideas on which the public service is organized and carried out. The principles are formulated in legislative and other acts on the service:

1. The supremacy of the Constitution and federal laws over other normative legal acts, job descriptions in the performance of civil servants' duties and ensuring their rights.

2. 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 subjects of the Russian Federation.

4. Separation of legislative, executive and judicial powers.

5. Equal access of citizens to public service in accordance with their abilities and professional training.

6. Mandatory obligations 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. 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. Nonpartisan civil service; separation of religious associations from the state.

12. Stability of civil servants in state bodies.

Public service is understood as a system of legal factors that cause the emergence, change and termination of public service relations:

Admission (enrollment) to the civil service;

Certification of civil servants;

Job transfer;

Stimulation of official activity of employees;

Responsibility of civil servants;

Termination of public service.

The procedure for passing the public service is determined by laws and other legal acts, taking into account the type of public service, its features and categories of public positions.

Admission (enrollment) to the public service. The right to enter the civil service, as a rule, have citizens who have reached the age of 18 years. Positions of civil servants are filled in the order of appointment, election, competition, under the contract.

Appointment to a position is made by a competent state body or official by issuing an appropriate legal act (order, etc.). From the moment of issuing the act of appointment to the position, the employee is entrusted with the implementation official functions, duties and rights. In the order of appointment, most positions of civil servants are filled.

Elections are used when filling a limited range of government positions. For example, the election of the President of the Russian Federation, the presidents of the republics within Russia and other officials. The essence of this method of filling positions is to nominate a candidate and act of election to a position.

The competition as a way of filling public positions consists in assessing the professional qualities of those who applied for participation in the competition and selecting the most qualified employees from among them. The competition for filling a public position is held by the competition commission in the manner prescribed by the acts of the legislation of the Russian Federation. Some categories of positions of federal executive bodies are filled by competition, etc.

The contract form of entering the service consists in the fact that the body (head of the body) concludes a contract (agreement, agreement) with a citizen in writing for a certain period. The contract specifies the terms of service, duties: and the rights of the parties. Based on the contract, an order is issued to appoint a citizen to a position. The contract form is used, in particular, when entering the service in the internal affairs bodies, in the Armed Forces, etc.

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For a citizen who is first appointed to a public position or appointed to a position of another group and type, a probationary period is established. The duration of the probationary period depends on the position held. Thus, according to the Regulations on the federal public service, it is established probation three to six months.

If the result of the test is recognized as unsatisfactory, the employee may be recommended for appointment to a previously occupied position or, in agreement with him, to another position, or dismissed from public service.

In some types of public service (federal public service, military service, service in internal affairs bodies, etc.), employees holding relevant positions are assigned class ranks, military or special ranks, etc.

A citizen entering the service gets acquainted with the conditions of service, which are understood as factors designed to ensure favorable conditions for labor and social protection of the employee. These factors include internal order in the body, hours of work, wages, vacations, social insurance, benefits, guarantees and compensation.

A citizen, accepted into the service in accordance with the established procedure, acquires the status of a civil servant and a subject of state-power service relations. When performing duties and exercising the rights granted, an employee enters into legal, including administrative and legal, relations with other subjects of law both within the body where he serves and outside it.

Certification of civil servants. In order to determine the compliance of employees with the requirements, their certification is carried out. It can be regular or extraordinary. The next certification is carried out at certain intervals (as a rule, at least once every three to four years). Extraordinary certification is carried out in connection with the renewal of the contract, transfer to a higher or other position, as well as in order to assign a category for wages, etc.

The certification procedure is regulated by the norms of a number of laws, regulations on service, special provisions on employee certification. Attestation is carried out by an attestation commission formed by the head of the state body. The main result of certification is the assessment of the work of an employee. During certification, questions are considered about the compliance or non-compliance of an employee with his position, about the possibility of promotion, about material incentives official activity. Based on the results of certification, the head of the body makes a decision, taking into account the recommendation of the certification commission.

Service movement. Legislative and other normative acts regulating the passage of public service, the transfer of service is carried out to the position:

Superior - in the order of promotion with the consent of the employee

Equivalent - with the consent of the employee, if necessary, replacing another position or for more appropriate use of the employee, taking into account his business, personal qualities and vocational training, as well as for family reasons, health status or age;

Subordinate - in case of downsizing or the position held, if it is impossible to move to an equivalent position, with the consent of the employee; for health; at personal request; for service non-compliance - in the attestation procedure; in disciplinary procedure- in connection with the commission of a gross disciplinary offense, etc.

Stimulation of official activity. The legislation on the service establishes various types of incentives for performance. Stimulating, encouraging vigorous activity, heads of bodies instill initiative in employees, strengthen service discipline. Stimulation can be moral and material in nature. Incentives include incentives and incentives.

Benefits - the benefits established by law, provided to employees of certain categories in connection with the performance of their official duties. For example, benefits can be for taxes, medical care, transportation, etc. Benefits are provided to federal civil servants, military personnel, employees of internal affairs bodies, etc.

incentive measures. Incentive measures are applied to civil servants for success in official activities. In terms of content, incentives can be moral, material and mixed.

The incentive measures provided for by labor legislation include: announcing gratitude, a cash bonus, rewarding with a valuable gift, rewarding Honorary diploma, entry into the Book of Honor, on the Board of Honor.

The regulations on service, which provide for the specifics of the service, in addition to those indicated, provide for other incentives. Thus, the Regulations on service in the internal affairs bodies of the Russian Federation provide for special incentives: awarding personalized weapons, early assignment of the next special rank, early removal of a previously imposed disciplinary sanction, etc.

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Employees may be awarded state prizes, badges of honor and other incentives.

For outstanding services to the state, state awards may be applied to employees.

Responsibility of civil servants. Depending on the nature of the offenses committed by civil servants, the latter may be subject to appropriate legal liability: disciplinary, material, administrative and criminal.

Disciplinary responsibility. The basis for bringing an employee to disciplinary responsibility is a disciplinary (official) misconduct, i.e., a guilty violation of the rules of public service, failure to perform or improper performance of official duties, omission in service - a violation of official discipline. Service discipline is understood as the observance by employees of the established laws, other regulations, the service contract, as well as the orders of the heads of the order and rules in the performance of the duties assigned to employees and the exercise of their rights.

Certain categories of civil servants, due to the special nature of their duties (military personnel, employees of internal affairs bodies, etc.), are also responsible in a disciplinary manner for misconduct not related to violation of official discipline. Charters and other normative acts on the discipline of employees of certain categories provide for disciplinary liability for misbehavior in public and other places and not in the performance of official duties.

A disciplinary sanction may be imposed on a civil servant by a body or manager that has the right to appoint the civil servant to a public position.

The types of penalties and the procedure for their imposition are determined by law.

Disciplinary statutes, provisions on disciplinary responsibility and other normative acts, taking into account the specifics of the civil service, provide, in addition to the above, other types of penalties.

For example, according to Art. 38 of the Regulations on service in the internal affairs bodies of the Russian Federation for violation of official discipline, the following types may be imposed on employees of the internal affairs bodies disciplinary actions: remark; rebuke; severe reprimand; warning of incomplete service compliance; demotion; reduction in special rank by one step; deprivation of a badge; dismissal from the internal affairs bodies.

AT educational institutions The Ministry of Internal Affairs of Russia, in addition to the listed types of penalties, may impose penalties on persons of variable composition in the form of appointment out of turn to a duty order (with the exception of appointment to guard duty or on duty in a unit), as well as expulsion from an educational institution.

The same Regulations contain norms regulating the procedure for imposing disciplinary sanctions on employees of internal affairs bodies.

Material liability. This type of liability of civil servants consists in the obligation of an employee who caused material damage to physical or legal entity, compensate for the damage in the manner and amount provided for by law. Liability may be limited or total.

With 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. It occurs in cases where a written agreement is concluded between employees and a body, enterprise, institution, organization on the assumption by the employee of full liability for failure to ensure the safety of property; the property was received by the employee against a report under a one-time power of attorney; the damage was caused by the actions of an employee containing signs of a crime; due to shortage, deliberate damage to materials, products and other items issued to the employee for use; not on duty.

Compensation for damages can be made in an administrative or judicial manner. With the consent of the employee, deductions from his earnings are made by order of the head of the body, enterprise, institution, organization. In the absence of consent, compensation for damage is carried out at the claim of the body, enterprise, institution, organization by the court.

According to Art. 16 of the Civil Code of the Russian Federation, losses caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, including the issuance of an act of a state body or local self-government body that does not comply with the law or other legal act, are subject to reimbursement by the Russian Federation, the relevant subject of Russia or a municipality.

Administrative responsibility. The considered responsibility of civil servants occurs for the commission of an administrative offense by them related to official activities. Employees (managers and other officials; are held accountable for violating the rules stipulated by the legislation on administrative offenses if their observance is imputed to employees as a duty. Employees (managers, officials) may, for example, be held administratively liable for violation or non-compliance with the instructions of the State Automobile Inspectorate to eliminate violations of rules, regulations and standards related to safety traffic; for violation or non-compliance with fire safety rules; for violation of sanitary and hygienic and sanitary and anti-epidemic rules in transport and many others.

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Criminal liability. Civil servants are criminally liable for committing official crimes. The Criminal Code contains the components of these crimes: abuse of power, abuse of power, taking a bribe, forgery, etc.

Termination of public service. According to the legislation, the service may be terminated in accordance with the personal application of the employee for dismissal from the public service. In addition, the grounds for termination of public service are: the expiration of the contract; non-election (for elected positions) for a new term; resignation; liquidation of the position occupied by an employee; service discrepancy; gross violation or systematic violation of service discipline, etc.

Conclusion

Public service of the Russian Federation - a type of public service, which is a professional service activity of citizens of the Russian Federation in the positions of the state civil service of the Russian Federation to ensure the execution of the powers of federal state bodies, state bodies of constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons replacing public positions of subjects of the Russian Federation.

Principles of public service:

1) the supremacy of the Constitution of the Russian Federation and federal laws over other normative legal acts, job descriptions, etc.;

2) Priority of human and civil rights and freedoms;

3) The unity of the legal and organizational foundations of the federal civil service and the civil service of the constituent entities of the Russian Federation;

4) Equal access of citizens who speak the state language of the Russian Federation to the civil service;

5) Professionalism and competence of civil servants;

6) Stability of the state civil service;

7) the principle of separation of powers into legislative, executive and judicial;

8) Protection of civil servants from unlawful interference in their professional activities.

A civil servant is a citizen of the Russian Federation, holding in the established federal law and the legislation of the constituent entities of the Federation, in the manner included in the staff position in the structure of the state administration (executive, legislative and judicial authorities), having a class rank, diplomatic rank, military or special rank, who has concluded a service contract with a state body (took an oath of allegiance to the Russian Federation), exercising on behalf of the state, the functions and powers granted to it (including state-powerful ones), receiving a monetary allowance ( wages) and having a state-guaranteed social legal status.

There are a number of grounds that allow us to classify civil servants. The ability to classify civil servants allows you to more accurately determine the place of a particular civil servant in the civil service system of the Russian Federation.

The high status and great importance of state-volitional decisions that a civil servant takes determine that high level responsibility that the state imposes on him.

List of used literature

2. Federal Law "On the system of public service of the Russian Federation" dated 27. No. 58-FZ;

3. Federal Law "On the State Civil Service of the Russian Federation" dated January 1, 2001 No. 79-FZ.

4. Administrative law. Course of lectures / ed. . - M., 2008.

5. Bakhrakh, D. N., Rossinsky, B. V., Starilov, Law. - M., 2008.

7. Kurakin, -legal means of combating corruption in the civil service//Journal of Russian Law No. 7. - P.79-85.

8. Nozdrachev, in the public service system in the context of administrative reform//Legislation and Economics No. 12(260). - P.22-23.

9. Starilov, what happens to the institute of the Russian public service?//Journal of Russian law. - 2010. - No. 9. - P.11.

10. Chikanova, regulation of official relations in the state civil service: issues of theory and practice//Journal of Russian Law No. 4. - P.61-67.

11. http://imct. /gossluzhba/voen_sl/fed_norm_prav_akt_vs/index. php? SECTION_ID=2592

Atamanchuk, public service: history, theory. Law, practice. - M., 2008.

Nozdrachev, in the public service system in the context of administrative reform // Legislation and Economics No. 12 (260). - P.22-23.

Administrative law of Russia: textbook / A. P. Alekhin.,; Ed. . - M.: Zertsalo-M, 20s.

Chikanova, regulation of service relations in the state civil service: issues of theory and practice//Journal of Russian Law No. 4. - P.61-67.

Information and analytical resource " Public administration and local self-government in the Russian Federation. Federal regulatory legal acts on military service. Access mode:

http://imct. /gossluzhba/voen_sl/fed_norm_prav_akt_vs/index. php? SECTION_ID=2592

Administrative Law: A Textbook for High Schools / Ed. , . - M.: Norma, 20s.

Bahrakh, D.N., Rossinsky, B.V., Starilov, law. - M., 2008.

Atamanchuk, public service: history, theory. Law, practice. - M., 2008.

Legal status of state civil servants: structure and content / Under. Ed. . - M.: IPK civil service, 2008.-107p.

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Home > Coursework >Law, jurisprudence

Introduction 3

1. History of the development of legislation on the public service of the Russian Federation 5

2. Constitutional and legal foundations of public service 10

Normative legal acts regulating the activities of the Ministry of Internal Affairs of Russia 12

Federal regulatory legal acts on military service 15

Conclusion 26

References 28

Introduction

The modern civil service of the Russian Federation is a legal matter that is in constant motion: it changes, is supplemented, new tools are being searched for in resolving existing problems, new regulations are being developed that regulate public service relations. The modern development of legislation allows us to assert that Russia is on the way to reviving the institution of professional bureaucracy. This institution, based on the professionalism, abilities, political neutrality of employees and the quality performance of official duties, in many countries ensures stable public administration and is the most important factor in the preservation and development of statehood.

The purpose of the work is to reveal the topic “Legislation on public service”.

Work tasks:

To study the history of the development of public service in the Russian Federation.

To reveal the constitutional and legal foundations of the public service of the Russian Federation.

The legal basis of the civil service in the Russian Federation is regulated by the following legal acts:

1.The Constitution of the Russian Federation. in part 4 of article 32 one of the most important forms of participation of citizens in the management of the affairs of the state and society has identified the public service.

2.Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ (as amended on December 25, 2008). This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law "On the system of public service of the Russian Federation" establishes the legal, organizational and economic foundations of the federal state civil service and the state civil service of the constituent entities of the Russian Federation. The subject of regulation of this Federal Law are relations related to the entry into the federal state civil service and the state civil service of the subjects of the Russian Federation, its passage and termination, as well as the determination of the legal status (status) of the federal state civil servant and state civil servant of the subject of the Russian Federation.

3.Federal Law "On the system of public service of the Russian Federation" dated May 27, 2003 No. 58-FZ (as amended on December 1, 2007). This Federal Law, in accordance with the Constitution of the Russian Federation, determines the legal and organizational foundations of the civil service system of the Russian Federation, including the management system of the civil service of the Russian Federation. The transformations taking place in the system of Russian law are largely related to the ongoing judicial, legal and administrative reforms in our country. In addition to these regulations, the legal basis of the civil service of the Russian Federation is also made up of a number of by-laws:

1. Decree of the President of the Russian Federation "On approval of the Regulations on the personal data of a state civil servant of the Russian Federation and the conduct of his personal file" dated May 30, 2005 N 609 (as amended on October 23, 2008).

2. Decree of the President of the Russian Federation "On the approximate form of a service contract for the passage of the state civil service of the Russian Federation and filling the position of the state civil service of the Russian Federation" dated February 16, 2005 N 159.

3. Decree of the President of the Russian Federation "On the certification of civil servants of the Russian Federation" dated February 1, 2005 N 110.

4. Decree of the President of the Russian Federation "On the competition for filling a vacant position in the state civil service of the Russian Federation" dated February 1, 2005 N 112.

1. History of the development of legislation on the public service of the Russian Federation

Russia, becoming in December 1991. successor of the Soviet Union, and inherited what had been accumulated in the field of personnel work. At that time, it was still not ready for legal transformations on public service issues, both in the center and in the localities. At first, it was necessary to be guided by the previous legislation of the USSR. The practice of new rule-making on issues of public service, as well as of all Russian legislation, developed gradually. The reform of the civil service was caused by the needs of the transformations taking place in the country. Russia embarked on the path of transition to a new social system, which involved changes in all spheres of public life, and most importantly, a radical restructuring of property relations and the system of power. Therefore, the reform of the civil service took place and is taking place as part of a comprehensive transformation of legislation and the state apparatus, focused on protecting the rights and freedoms of citizens in a new democratic state.

Tsarist Russia had a detailed legislation on public service. Its foundation was laid by Peter I, introducing in 1722. Table of ranks - a single system of positions and ranks. This document, which existed until November 1917, had a deep meaning, contributing to the strengthening of the centralized state and the streamlining of state administration, it clearly defined the position of a person in society and the measure of his responsibility to the state. In many respects, it was precisely this idea of Peter's Table of Ranks that was used in the development in the post-Soviet period of a draft all-Russian law on public service and subsequent related legal acts. one

One of the first acts of the Soviet government was the Decree of November 10 (23), 1917. "On the destruction of estates and civil ranks." Its publication was due to a number of reasons, but, above all, the idea of breaking the old state apparatus and abolishing all bureaucracy, the complete unification of legislative and administrative functions in the hands of representative institutions. The system of positions and ranks was replaced by the party-state nomenclature, which existed throughout the Soviet period until the start of perestroika in 1987. In the USSR, the Communist Party was engaged in the development of personnel policy. Its decision served as the basis for the legal regulation of the civil service.

In the USSR there was no law on public service, and very little was said about its legal regulation. The procedure for recruiting positions of civil servants was determined in constitutions, laws on councils of ministers and local councils of people's deputies, in government decrees and a number of other legal normative acts. They also identified specific bodies and officials authorized to decide on the recruitment of positions of civil servants. For example, temporary rules were applied on work in state institutions and enterprises, approved by the Decree of the Council of People's Commissars of the RSFSR of December 12, 1992; decrees on the introduction of class ranks, ranks and special ranks in certain branches of government: Unified nomenclature of positions, approved by the USSR State Labor Committee on September 9, 1967; Regulations on disciplinary responsibility in the order of subordination, approved by the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR on March 20, 1932. The organization of work with personnel in the USSR was based on the principle of party membership and the principle of the nomenclature of posts. The latter meant that all positions of civil servants were divided on the basis of seniority into a number of groups (nomenclatures), each of which was assigned to a specific body or official. The purpose of this division was to distribute the entire volume of work on recruiting positions of civil servants among specific bodies (officials), taking into account the importance of the positions, since the nomenclature of positions reflected the level of qualification and training profile of a specialist who should hold a position according to the staff list.

There was also a list of positions (nomenclature), candidates for which were approved by party bodies at various levels. The right to appoint heads of economic, law enforcement, military, trade union and other departments and organizations was distributed among the hierarchical structures of the CPSU: the nomenclature of the Politburo, the nomenclature of the Secretariat of the Central Committee, the nomenclature of departments of the Central Committee, the nomenclature of regional committees (krai committees), the nomenclature of district committees. The selection of personnel was carried out through the organizational departments of the relevant committees of the CPSU.

After the collapse of the USSR, a multi-party system began to take shape in Russia, and personnel policy has not yet received a clear and official expression. However, the principle of the nomenklatura, as one of the foundations of the organization of the public service, when the Constitution of 1993 was adopted. has been saved. Thus, Article 83 established the competence of the President to appoint and dismiss authorized representatives of the Russian Federation in foreign states and international organizations.

The goal of reforming the civil service at first (until about 2000) was to create a new type of state apparatus capable of working in those and future political and economic conditions, a highly professional, economical and disciplined apparatus. For this, it was necessary to establish the appropriate administrative and legal status of civil servants. 2

A fundamentally important role in the legal regulation of the civil service belongs to the Constitution of the Russian Federation, adopted on December 12, 1993. It is she who defines the state positions of the Russian Federation, intended for the direct execution of the powers of state bodies. The Constitution also defines the competence of the President, the Council of Federations and the State Duma to appoint and dismiss civil servants.

July 31, 1995 For the first time, the Federal Law “On the Fundamentals of the Civil Service in the Russian Federation” was adopted, which established the legal foundations for the organization of the civil service, the fundamentals of the legal status of civil servants and the procedure for their public service. The main purpose of the Law is the creation of a legal unified federal base of the civil service, giving it a professional character. According to the Law on the Basics of the Civil Service of the Russian Federation, only persons who held public positions in the civil service in state bodies, and not in any state organizations, were classified as civil servants. By this Law, public positions in state bodies were divided into categories “A”, “B” and “C”, depending on their purpose.

"A" - positions established by the constitution, federal laws, constitutions, charters of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies.

"B" - positions established by law to directly ensure the execution of the powers of persons replacing positions of category "A".

"B" - positions, established by state bodies for the execution and provision of their powers.

The law was basic (before its repeal on July 27, 2004) for legislative and other normative legal acts, ensured the implementation of its provisions, both at the federal level and at the level of subjects of the Federations. Between 1995 and 2003 Significant work has been done to implement the requirements of the Federal Law "On the Fundamentals of Civil Service in the Russian Federation" and to create such a legal framework that would allow for practical measures to further strengthen public authorities, and, above all, executive authorities, civil servants that meet modern requirements in their professional training, business and personal qualities. Dozens of federal laws have been adopted relating to certain categories of public servants. However, a number of federal laws planned for adoption were not adopted. For the practical organization and daily functioning of the public service, decrees of the President of the Russian Federation of January 11, 1995 were issued. “On public positions of the Russian Federation”, dated September 3, 1997. “On Approval of the Lists of State Positions in the Federal Public Service”, dated April 9, 1997. "On the financial allowance of federal civil servants" (as amended and supplemented).

Decree of the President of July 16, 2004 No. "On measures to improve public administration" approved the composition of the Interdepartmental working group to ensure measures related to the reform of the civil service, formed under the Commission under the President of the Russian Federation on the improvement of public administration.

The goals of further reforming the civil service are to radically increase its effectiveness in the interests of developing civil society and strengthening the state, creating an integral system of civil service, taking into account the historical, cultural, national and other characteristics of the Russian Federation, as well as ongoing administrative, judicial, military and other reforms in the country.

The President of the country in his Address to the Federal Assembly of the Russian Federation on April 25, 2005 noted: “Our bureaucracy is still largely a closed and arrogant caste that understands public service as a kind of business. And therefore, the number one task for us remains to increase the efficiency of public administration, the strict observance of the rule of law by officials, and the provision of high-quality public services by them to the population.”

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