The main group of positions in the category of managers. Government positions and civil service positions

The fundamental element of building not only a system public service, but also all state power is an public office. The structure of any state body is a system of interrelated government positions that are different in their purpose and level. Each position contains a part of the powers of this state body, in the aggregate forming its competence. The following types of public positions are distinguished - public positions Russian Federation(subject of the Russian Federation) and civil service positions. Their differences lie in the fact that the former are intended for the direct execution of the powers of the federal state bodies and state bodies of the constituent entities of the Russian Federation, respectively, while the latter are intended to ensure the execution of such powers.
In federal government bodies, there are two types of public positions:
1) public positions of the Russian Federation established by the Constitution of the Russian Federation, federal laws and specified in the Consolidated list of public positions of the Russian Federation, approved by the Decree of the President of the Russian Federation "On public positions of the Russian Federation";
2) public service positions that are established by federal laws or other regulatory legal acts Russian Federation and are subject to replacement by civil servants. These include:
federal state positions civil service;
military positions;
law enforcement positions.
In the state bodies of the constituent entities of the Russian Federation, such public positions can be established as:
1) public positions of the constituent entities of the Russian Federation, 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;
2) positions of the state civil service of the constituent entity of the Russian Federation. In addition, in any state body for technical and
Economic support of its activities also provides for positions not related to public positions, including public service positions (positions of drivers, electricians, plumbers, etc.). Persons who fill such positions are not subject to the Federal Law “On the System of the Public Service of the Russian Federation” and other regulatory legal acts on public service, and their work is regulated by labor legislation.
The legislation on civil service does not contain a legal interpretation of the concept of "civil service position", however, it contains norms that reveal the essential features that make it possible to distinguish a civil service position from other positions in state bodies, positions in the municipal service, positions in state organizations and institutions.
The first sign of a civil service position is its formal certainty. In accordance with paragraph 1 of Art. 8 of the Federal Law “On the System of the Public Service of the Russian Federation”, civil service positions are established by a federal law or other regulatory legal act of the Russian Federation, a law or other regulatory legal act of a constituent entity of the Russian Federation. The range of positions in the civil service is accurately delineated by the relevant registers, approved by authorized officials. Registers establish unified names of all civil service positions, contain a classification
them by categories and groups, distribution by state bodies. The Register of positions of the federal civil service includes: lists of positions of the federal state civil service; lists of typical military positions; lists of typical law enforcement positions. These lists are approved by the President of the Russian Federation. For example, Presidential Decree No. 1574 of December 31, 2005 approved the Register of Federal State Civil Service Positions.
The register of positions in the state civil service of the subject of the Federation is approved by law or other regulatory legal act of the subject of the Federation. As a rule, this is a normative act of the highest official subject of the Russian Federation (head of the republic, governor, head of administration, etc.).
The sign under consideration means that neither the position of the civil service itself, nor its name can be introduced in a state body arbitrarily without taking into account the requirements of the relevant regulatory legal acts.
The second sign of a civil service position is its species affiliation.
Paragraph 2 of Art. 8 of the Federal Law "On the System of the Public Service of the Russian Federation" it is established that the positions of the civil service are divided into: positions of the federal state civil service; positions of the state civil service of the constituent entity of the Russian Federation; military positions; positions of the federal civil service of other types.
This means that the position of the civil service cannot be established without taking into account the specifics of the specific official activity. As a rule, in state bodies exercising control in the economic and socio-cultural spheres, positions of the state civil service prevail, in military administration bodies - military positions, in law enforcement bodies - positions of the federal state service of other types. At the same time, depending on the nature of the duties performed by the employees official duties in one federal state body in accordance with paragraph 3 of Art. 8 of the Federal Law "On the system of public service of the Russian Federation" civil service positions may be established various kinds. For example, in the structure of the Ministry of Emergency Situations of Russia - the positions of the federal state civil, military (rescue military units) and the federal fire service.
The classification of civil service positions is also associated with species affiliation. According to paragraph 4 of Art. 8 of the Federal Law “On the System of the Civil Service of the Russian Federation”, civil service positions are distributed by groups and (or) categories in accordance with federal laws on the types of civil service and the laws of the constituent entities of the Russian Federation on the civil service of the constituent entities of the Russian Federation. Yes, Art. 9 of the Federal Law "On the State Civil Service of the Russian Federation" subdivides the positions of the state civil service into four categories: managers; assistants (advisers); specialists; providing specialists; and five groups: senior positions in the civil service; the main positions of the civil service; leading positions in the civil service; senior positions in the civil service; junior positions in the civil service.
The third sign of a civil service position lies in its inseparable connection with the competence of a state body. The civil service position determines the range of rights, duties and responsibilities of the civil servant replacing it and includes a part of the tasks and functions that are integral part the competence of the state body. In turn, the powers of the position cannot go beyond the competence of the state body. The scope of authority is determined depending on the status of the position. For example, in the civil service, the category of "leaders" includes the positions of heads and deputy heads of state bodies and their structural divisions, the positions of heads and deputy heads of territorial bodies federal bodies executive power and their structural subdivisions, positions of heads and deputy heads of representative offices of state bodies and their structural subdivisions, replaced for a certain term of office or without limitation of the term of office. In the structure of the state body, the positions of the category "managers" have the greatest amount of managerial powers that allow them to perform actions that entail legally significant consequences.
Civil servants replacing positions of the specified category: organize the work of the headed state body (structural unit) and subordinate civil servants; have the right to exercise legal authority over civil servants subordinate or under their control; make decisions in accordance with the competence of the state body (structural unit); carry out the preparation and submission to the superior manager of proposals for solving the tasks assigned to the state body (structural unit); supervise the implementation decisions taken; may exercise the powers of a representative of the employer (for example, in the case of filling the position of the head of a federal service or federal agency, or the head of a state body of a constituent entity of the Russian Federation); and etc.
A different competence has been established for civil servants holding positions of the “assistant (adviser)” category, which include positions established to assist persons holding public positions, heads of state bodies, heads of territorial bodies of federal executive bodies and heads of representative offices of state bodies in the implementation of their authorities and replaced for a certain period, limited by the term of office of these persons or managers. The list of tasks and functions of such civil servants, as a rule, includes: preparation of reports, speeches, various information and analytical materials; collection and generalization background information and preparation of draft decisions, orders and other regulations; monitoring the implementation of decisions; advising on specific issues that are within the functional scope; participation in the preparation and conduct of trips, receptions, visits and other official events; and etc.
A specified list of the powers of a civil servant, which he is obliged to perform when filling a certain position, is fixed in the official regulations. Job regulation is the main normative document that determines the content of the professional performance of a civil servant when he fills a specific position in the civil service.
The fourth sign of the civil service position is its organizational and legal isolation. The position is an independent primary element of the public service system. In a state body, positions serve as "building" material for the formation of its structure, ensuring managerial subordination. Positions may include
both in structural subdivisions of a state body, and be independent (for example, an assistant to a federal minister). At the same time, all positions are included in a special document - the staffing of a state body. It is approved by the head of the state body within the established wage fund and number (without personnel for the protection and maintenance of buildings). Thus, the position of the civil service characterizes the position of a civil servant in the service hierarchy.
With civil service position closely related to the establishment of qualification requirements for its replacement, the procedure for appointment to it, certification, assignment of class ranks, diplomatic ranks, military and special ranks, the amount of salaries, pensions, special rights and obligations, and other issues of public service.
The fifth sign of a civil service position is its financial security. Monetary support for civil service positions is carried out at the expense of funds provided for, respectively, by the federal budget and the budgets of the constituent entities of the Russian Federation. For a civil servant of a constituent entity of the Russian Federation, if necessary, cases of receiving a monetary allowance at the expense of the federal budget may be provided. The funds provided by the budgets are also spent on creating conditions for a civil servant to perform official duties (providing the workplace with communications equipment, office equipment, transport, payment utilities etc.), as well as for the organization of medical and other services during his public service.
Thus, the civil service position can be defined as a structure-forming, basic element of a state body, characterized by formal certainty, species affiliation, organizational and legal isolation, financial security, and having part of the competence of a state body.

Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation".

In order to ensure the execution of the powers of a state body or a governing body of a constituent entity of the Russian Federation or persons holding public positions, civil service positions are established:

1) positions of the federal state civil service (established by federal law or decree of the President of the Russian Federation);

2) positions of the state civil service of the constituent entities of the Russian Federation (established by laws or other regulatory legal acts of the constituent entities of the Russian Federation, taking into account the provisions of the Law "On the system of public service of the Russian Federation").

Position of the civil service - a set of administrative duties, rights and responsibilities of a civil servant to ensure the activities of persons holding public positions, the provision of services to the population, as well as the execution of the powers of a state body.

Government positions Russian Federation - these are the positions established by the Constitution of the Russian Federation, the Federal Law for the direct execution of the powers of federal state bodies, and the positions established by the constitutions, charters), laws of the subjects of the Russian Federation for the direct execution of the powers of state bodies of the subjects of the Russian Federation.

Key features of a civil service position:

position in public authorities primary structural unit of state bodies. It is the primary element of the state organization of the civil service;

· a position with an established range of responsibilities for the execution and provision of the powers of this state body. Each state body is authorized to carry out strictly defined tasks and functions. For these purposes, the state endows its bodies with state-power powers, i.e. the right to make binding decisions;

· position with statutory allowance, which includes the official salary and allowances for it;

· position with a certain responsibility for violation of proper actions in the service(within the framework of the duties and rights of the position), as well as for failure to achieve the goal due to the fault of a civil servant.

The classification of civil service positions includes four categories and five groups of positions. Go to categories positions include the following:

1) leaders- positions of heads and deputy heads of state bodies and their structural subdivisions, positions of heads and deputy heads of territorial bodies of federal executive bodies and their structural subdivisions, replaced for a certain term of office or without limitation of the term of office;

2) assistants (advisers)- positions established to assist managers in the exercise of their powers. These positions are filled for a fixed term, limited by the term of office of the head.

3) specialists- positions established for professional support of the performance of established tasks and functions by state bodies and filled without limitation of the term of office;

4) providing specialists- positions established for organizational, informational, documentation, financial, economic, economic and other support of the activities of state bodies and replaced without limitation of the term of office.

Position groups civil service include:

1) higher positions in the civil service. This group includes the positions of the categories “managers”, “assistants (advisers)”, and “specialists” determined by the Register of positions of the state civil service of the Russian Federation;

2) main positions in the civil service. These include positions defined by the Register in the categories of "managers", "assistants (advisors)", "specialists" and "providing specialists";

3) leading positions in the civil service. They also include the positions of all four categories determined by the Register;

4) elder positions in the civil service. These include positions defined by the Register in the categories of "specialists" and "providing specialists";

5) junior positions in the civil service. These include the positions of the category “providing specialists” defined by the Register.

All positions of the state civil service are included in the relevant lists ( registries ). There are three such registers:

1) Register of positions of the federal state civil service, in which positions are classified by state bodies, categories and groups. Federal Register approved by decree of the President of the Russian Federation;

2) Register of positions of the state civil service of the subject of the Russian Federation- compiled taking into account the structure of state bodies, names, categories and groups of positions established by the federal register. Approved by a law or other regulatory legal act of a subject of the Russian Federation, taking into account the provisions of the Law "On the system of public service of the Russian Federation";

3) Consolidated register of positions of the state civil service of the Russian Federation, which includes the first two registries. The order of its conduct is approved by the decree of the President of the Russian Federation.

In accordance with the position to be occupied, civil servants are assigned class ranks. Assignment order defined Decree of the President of the Russian Federation of February 1, 2005 No. 113 “On the procedure for assigning and retaining class ranks of the state civil service of the Russian Federation to federal civil servants”. The legislation establishes the following cool ranks (this is the rank (rank) of a civil servant), corresponding to groups of civil service positions. class rank- an indicator of the compliance of the professionalism of a civil servant with the qualification requirements of the position to be substituted within the group of positions.

Top group:

Acting State Counselor of the Russian Federation 1 class;

Acting State Councilor of the Russian Federation, 2nd class;

Acting State Councilor of the Russian Federation, 3rd class;

Main group:

State Advisor of the Russian Federation 1 class:

State Advisor of the Russian Federation, 2nd class;

State Advisor of the Russian Federation, 3rd class;

Leading group:

Advisor to the State Civil Service of the Russian Federation 1 kpassa;

Advisor to the State Civil Service of the Russian Federation, 2nd class;

Advisor to the State Civil Service of the Russian Federation, 3rd class;

Senior group:

referent of the state civil service of the Russian Federation 1 class;

referent of the state civil service of the Russian Federation, 2nd class;

referent of the state civil service of the Russian Federation, 3rd class;

Junior group:

1 class;

Secretary of the State Civil Service of the Russian Federation 2 class;

Secretary of the State Civil Service of the Russian Federation 3 class

Class ranks are assigned in accordance with the position being occupied, taking into account the professional level, the length of service in the previous class rank and the position being occupied. Class ranks are assigned based on the results of the qualification exam. It can be the first and next (the first is assigned after the expiration of probationary period, and if there was no probationary period, then not earlier than 3 months after appointment).

2. Public office. Classification of civil servants

A position is part of the powers of a state body. This is the smallest particle of state power.

The system of positions is based on a hierarchical principle, and without any reasoning regarding its structure, includes categories, groups, ranks and classes. This classification resembles that regulated by the General Statute of Officials of October 19, 1940 in France, the basis of which was the grouping of posts in four classes: A. B. C and I).

The division of civil servants into categories and groups raises questions about the fundamental foundations of such a classification. The authors who did not want to be known, analyzing this article, find in relation to the “category” either the original “principle of the official hierarchy in the management link”, or the “quality of activity”1. Therefore, instead of analyzing the validity of such a division, they stop only at enumeration of the list of positions so clearly expressed in the law. A. I. Turchinov substantiates the existence of categories of civil servants by dividing positions according to the specialization of activity, and such specialization in Federal Law No. 79-FZ does not coincide with the All-Russian Classifier of Professions of Workers, Positions of Employees and Wage Categories.

Article 9 "Classification of Civil Service Positions" of the Federal Law No. 79-FZ provides for 4 categories and 5 groups of civil servants. The categories are:

1) heads - positions of heads and deputy heads of state bodies and their structural subdivisions, positions of heads and deputy heads of territorial bodies of federal executive bodies and their structural subdivisions, positions of heads and deputy heads of representative offices of state bodies and their structural subdivisions, replaced for a certain term of office or without limitation of the term of office;

2) assistants (advisers) - positions established to assist persons holding public positions, heads of state bodies, heads of territorial bodies of federal executive bodies and heads of representative offices of state bodies in the exercise of their powers and occupied for a certain period limited by the term of office of these persons or leaders;

3) specialists - positions established for professional support of the performance of established tasks and functions by state bodies and filled without limitation of the term of office;

4) providing specialists - positions established for organizational, informational, documentation. financial, economic, economic and other support for the activities of state bodies and replaced without limiting the term of office.

Among these categories, one can note an important move to the second place in terms of importance of assistants, advisers to the head of a government department. Thus, the assistant from the likeness of the secretary turns into the most important official, providing the head with all the materials for solving a particular case. Therefore, it is envisaged that assistants come to the position and leave it together with their leader.

Civil service positions are divided into the following groups: higher, main, leading, senior and junior civil service positions. Their classification is due, according to AI Turchinov. various established criteria, including the content and nature of work, skill level, authority and responsibility, place in the job hierarchy, etc.1

The list of public positions, including only the categories and categories of civil servants, is given in the Register of positions of the federal state civil service, approved by Decree of the President of the Russian Federation of December 31, 2005 No. 15741 included in the Register (and. 3. Decree).

Federal Law No. 79-FZ of July 27, 2004 provides for the formation of the Consolidated Register of Positions of the State Civil Service of the Russian Federation, which should consist of the Register of Positions of the Federal State Civil Service and registers of positions of the State Civil Service of the constituent entities of the Russian Federation. At present, there is no Consolidated Register of the State Civil Service of the Russian Federation, which indicates that this requirement, which has meanwhile been raised into law, is not critical.

The lists of positions include 22 sections with a fractional listing of all categories and groups in the Administration of the President of the Russian Federation, in the Offices of the Federation Council, State Duma Federal Assembly of the Russian Federation. the Government of the Russian Federation, in federal ministries, in the Administration of the President of the Russian Federation, in territorial bodies of federal executive bodies, in representative offices of the Russian Federation, representative offices of federal executive bodies abroad (section 10); lists of positions in the apparatuses of all types of courts are given. Judicial Department under the Supreme Court of the Russian Federation, the Prosecutor's Office of the Russian Federation and other state structures.

It can be noted that Lists of positions in the federal services, which are managed by the President of the Russian Federation, are specially allocated, in state committees, federal services and federal agencies managed by the Government of the Russian Federation (section 8), lists of positions in federal services and federal agencies subordinate to federal ministries (section 9).

Separately included in the Register are even some positions in the central office of the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation, territorial bodies - representative offices of the Ministry of Foreign Affairs of the Russian Federation on the territory of the Russian Federation, a state body under the Ministry of Foreign Affairs of the Russian Federation, representative offices of a state body under the Ministry of Foreign Affairs of the Russian Federation abroad.

However, such a fractional list reflects a low level of generalization, a low level of abstraction. legal norm, unification of the status of officials Legal method of regulation, as the application of a single rule to different persons, is not achieved in this case. It seems that the administrative reforms of the civil service are primarily concerned with the creation and distribution of public positions for the available personnel of the group in power, and do not proceed from the basic functions and needs of a state-organized society.

Federal Law No. 79-FZ (Article 11) also provides for the assignment of class ranks to civil servants in accordance with the civil service position they fill within the group of civil service positions and based on the results of the qualification exam. Such ranks are the actual state adviser of the Russian Federation 1. 2 or 3 class; State Counselor of the Russian Federation 1. 2nd or 3rd class; Advisor to the State Civil Service of the Russian Federation, 1st, 2nd or 3rd class; referent of the state civil service of the Russian Federation 1. 2nd or 3rd class and class rank of the state civil service - secretary of the state civil service of the Russian Federation 1st, 2nd or 3rd class. The essence of such a classification is, in the opinion of the commentators of this law, the application of the results of a qualifying examination and the assignment of a class rank as an encouragement. They write: "Among the conditions for the assignment of the next class rank, the principle of the sequence of assignment and certain period stay in class. These requirements lay down the mechanisms for implementing the most important principle of civil service - "rank in rank"1. With the introduction of ranks into the law, the category of officials in the Russian Federation turns from a curse of persons. attacking the poor-quality civil service, the most respectable class in society, according to some studies, it was precisely this class that made B. N. Yeltsin's dream of creating a "middle" class in the Russian Federation.

All classifications are usually aimed at streamlining positions and creating an incentive for an employee to improve his skills and advancement. As such criteria, the level of education required to occupy the relevant position is usually used. In this law, levels of education are included in qualification requirements to civil service positions (Article 12).

The specific duties of a civil servant are regulated by the local normative act, and are part of the administrative regulations of the state body. Requirements for job regulations are established by Article 47 of the Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ. The draft official regulation of a civil servant is submitted for approval to the representative of the employer by the head of the structural unit of the state body in which the civil servant operates. The official duties of a civil servant cannot go beyond the competence of a state body. An example is the Administrative Regulations Federal Service on Supervision in the Sphere of Mass Communications, Communications and Protection of Cultural Heritage state function but implementation state supervision over the observance by users of the radio frequency spectrum of the procedure, requirements and conditions related to the use of radio electronic means or high-frequency devices, including supervision, taking into account messages (data) received in the course of conducting radio monitoring by the radio frequency service, approved by order of the Federal Service for Supervision in the Sphere of Mass Communications, Communications and protection of cultural heritage dated December 4, 2007 No. 4143.

Part of the powers and status of a civil servant may be contained in other documents of the current state apparatus. An example of such a document can be the Official Order of the Central Office of the Federal Treasury, approved by Order of the Federal Treasury dated July 14, 2006 No. 7n1.

The legislation contains a special category of civil servants called officials. This category appears in the Criminal Code of the Russian Federation. in the Code of Administrative Offenses of the Russian Federation2, in other legislation. In the legislation on public service, the term "official" is no longer found, instead of it the term "person holding a public position" is sometimes used, which is not equivalent and reduces the quality of the category associated with such a subject of service relations. Officials are civil servants who have the right to perform, within their competence, power actions that entail legal consequences (for example, issue legal acts of management, sign monetary documents ...). persons who have the right to make legally authoritative demands (give prescriptions, instructions) and apply administrative measures to bodies and persons not under their control (for example, sanitary doctors, police officers, etc.).

Decree of the Ministry of Labor of the Russian Federation of June 6, 1996 No. 32 "On approval of wage categories and tariff and qualification characteristics (requirements) for industry-wide positions employees" divides public sector employees into managers (for example, director, chief accountant, head of archives, etc., a total of 34 job titles), specialists (for example, engineer, technician, legal adviser, etc., a total of 31 job titles) and technical executors (for example, agent, passport officer, secretary, etc., 31 positions in total).

In the resolution of the State Standard of the Russian Federation of December 30, 1993 No. 298, which approved All-Russian classifier classes (OK 010-93) with the date of introduction on January 1, 1995, contains subgroup 11 "Heads (representatives) of government and administration", which are characterized by the following features.

"The heads (representatives) of the authorities and administration determine, form and ensure the implementation of state policy; develop, supplement, adopt and repeal laws, decrees, orders, programs, ensure and control their implementation; represent the state (government) and act on its behalf; supervise the activities of federal, regional (local), sectoral government bodies, public associations and organizations.

The duties performed by employees of this subgroup include: exercising legislative, executive and judicial power; determination of the policy of federal, regional (local) authorities, sectoral authorities, public associations and directions for its implementation; development and adoption of normative acts, directive documents, cancellation of decisions; planning, coordination and control of the activities of state institutions and organizations and their divisions, which are entrusted with the task of implementing the policy; advising on issues related to the implementation of state policy and legislation; representation of the state (government) and actions on its behalf abroad; direction, regulation and coordination of activities of public associations and organizations; exercise, as a rule, the management of other employees.

In some cases, when the heads (representatives) of bodies legislature and management, certain professional knowledge and an appropriate level of qualification are required, it may be difficult to assign specific positions (professions, occupations) to one or another subgroup. In such cases, the issue is resolved on the basis of an analysis of information about job responsibilities, the main functions performed by the employee. If the performance of the main job duties primarily requires certain professional qualifications and special knowledge, then, in this particular case, the position should be assigned to other enlarged groups and subgroups. If the requirements for qualifications and professional knowledge serve as the basis for the effective fulfillment of legislative and managerial duties, then the given title of the position (profession, occupation) should be assigned to the specified enlarged group and subgroup. For example, if the main duties of a position are in the diagnosis, counseling and treatment of patients, then the position should be assigned to the enlarged group 2 "Specialists of the highest qualification level", but if the main duties of a particular position are related to making decisions on the allocation and distribution based on medical knowledge intended for Scientific research and development of funds of the state, local budget, then this position should be assigned to the subgroup under consideration.

Notes to Art. 285 of the Criminal Code of the Russian Federation "Abuse of official powers" contain a slightly different concept of an official:

"Officials in the articles of this chapter are recognized as persons who permanently, temporarily or on special authority perform the functions of a representative of power or perform organizational, administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation" (clause 1 of article 285 of the Criminal Code of the Russian Federation). "In the articles of this chapter and other articles of this Code, persons holding public positions of the Russian Federation are understood to mean persons holding positions established by the Constitution of the Russian Federation, federal constitutional laws and federal laws for the direct execution of the powers of state bodies" (clause 2). "Persons holding public positions in the constituent entities of the Russian Federation are understood to mean persons holding positions established by the constitutions or charters of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies" (clause 3). "Civil servants and employees of local self-government bodies who are not classified as officials bear criminal liability under the articles of this chapter in cases specifically provided for by the relevant articles" (paragraph 4 of the notes to article 285 of the Criminal Code of the Russian Federation).

The following court case is interesting in this respect.

Omsk's verdict regional court dated January 10, 2001, Kamenev was acquitted of taking bribes, and Kuznetsova - of giving a bribe, since, in accordance with the court's reasoning, the manager of the Omsk branch of the Pension Fund of the Russian Federation, Kamenev, was not a representative of the authorities and is not subject to Art. 290 of the Criminal Code of the Russian Federation. since he did not exercise legislative, executive or judicial power and was not an employee of state, supervisory or controlling bodies, endowed with administrative powers in relation to persons not dependent on him or endowed with the right to make decisions binding on citizens and organizations. Kamenev performed organizational, managerial and administrative functions in non-profit organization, not related to state authorities or local self-government, to state or municipal institutions. In justification, the court referred to the Regulations on the Pension Fund of the Russian Federation (approved by the Decree of the Supreme Council of the Russian Federation of December 27, 1991 No. 2122-1), from the content of paragraphs 1 and 15 of which it follows that " Pension Fund The Russian Federation is a legal entity, an independent financial and credit institution that performs certain banking operations. ... It does not apply to state bodies, local governments, state or municipal institutions. Under such circumstances, regardless of the legal capacity of the head of the branch of the Pension Fund of the Russian Federation. he is not an official in relation to the note to Art. 285 of the Criminal Code of the Russian Federation. Therefore, Kamenev was not recognized by the court as the subject of malfeasance."

The Presidium of the Supreme Court of the Russian Federation did not agree with this conclusion, and on June 26, 2002 it satisfied the protest of the Deputy Prosecutor General of the Russian Federation. He pointed out: The manager of the branch of the Pension Fund of the Russian Federation is the subject of malfeasance1. Among the arguments of the Presidium of the Supreme Court of the Russian Federation were the following. According to the Regulations on the Pension Fund of the Russian Federation, the Pension Fund of the Russian Federation, in terms of its legal status and organizational and legal form, is a state institution with a special legal capacity established by the Supreme Council of the Russian Federation. Relations of the Pension Fund of the Russian Federation with employers and individual entrepreneurs, ensuring the targeted collection and accumulation of insurance premiums allocated for pension services, are administrative and imperious in nature and are mandatory for these persons. The branch of the Pension Fund of the Russian Federation, and, accordingly, Kamenev, as its head, has the right to exercise administrative and power actions in relation to persons who are not dependent on him. Consequently, the Pension Fund of the Russian Federation is endowed with public authority powers but to ensure constitutional law to the state pension, including the power to assign these pensions precisely by law. Such powers but within the meaning of Part 2 of Art. 7, Art. 10, part 1, art. 11, part 2 of Art. 15, Art. 39, part 1, art. 45, p. "c", "g" art. 71, and. "g" part 1 of Art. 72, part 1, art. 78, Art. 110, and. "c", "g", V h. 1 tbsp. 114 and Art. 115 of the Constitution of the Russian Federation relate to the sphere of functioning of the executive power and its bodies. The verdict was canceled and the case was remanded for a new trial.

That is, it is difficult for practitioners to hold a unified legal position, to conduct a unified law enforcement practice with such a diverse legal regulation state apparatus in the Russian Federation. Not only the status of an official is disputable, but different courts decide in different ways the question of whether to classify the Pension Fund of the Russian Federation as a state body or institution. Doubts about the status of their institution visit many limes. Even V. Yegorov, president-rector of the RAGS, defining himself in such a way that "I myself am essentially an official," raises the question of what is the status of the institution where he works. State, authoritative or it is a legal entity of private law.

Also, an independent interpretation of the official is contained in the note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation: “Under this Code, an official should be understood as a person who permanently, temporarily or in accordance with special powers, performs the functions of a representative of the authorities, that is, endowed in the manner prescribed by law with administrative powers in relation to persons who are not in official dependence on him, as well as a person who performs organizational and administrative or administrative and economic functions in state bodies, local governments, state and municipal organizations, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation. - managerial or administrative and economic functions, managers and other employees of other organizations, as well as persons performing entrepreneurial activity without education legal entity, bear administrative responsibility as officials, unless otherwise provided by law "(Article 2.4 of the Code of Administrative Offenses of the Russian Federation 2002).

A good assessment of the above definition of an official in the Code of Administrative Offenses of the Russian Federation is carried out by A.V. Sergeev.

Comparing the legal definition of the concept of "civil servant", enshrined in the legislation on public service, with the concept of "official", contained in the note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation. the author draws a conclusion about the nature of the relationship between these concepts. From positions logical analysis this relation can be defined as the intersection of concepts. Accordingly, there is a part of civil servants who are simultaneously officials, at the same time, not all civil servants are officials, and vice versa, not all officials are civil servants. To the greatest extent, the concept of an official contained in the Code of Administrative Offenses of the Russian Federation. correspond to civil servants holding positions of the category "leaders". In some cases, officials may be employees who fill civil service positions of the "specialists" and "providing specialists" categories.

Adjunct of the Moscow Border Institute of the FSB of Russia P.V. Korshnyakov believes that "Officers are special subjects of administrative responsibility. The concepts of an official in criminal and administrative law are almost the same. The difference is that the concept of an official in administrative law includes entrepreneurs and employees of organizations, and not only employees of state bodies, local governments, employees of state and municipal organizations, military personnel and employees of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation"". That is, the legislation reflects an elementary communist misunderstanding of the difference administrative law from civil, public from private.

The status of civil servants differs, whether it is regulated by the above legislation on civil service or whether it is regulated by the Charters on the discipline of certain categories of employees of the state apparatus.

Yes, Art. 2.5 of the Code of Administrative Offenses of the Russian Federation of 2002 states: “Servicemen and citizens called up for military training are liable for administrative offenses in accordance with disciplinary charters. Employees of internal affairs bodies, bodies of the penitentiary system, federal tax police and customs authorities bear responsibility for administrative offenses in accordance with regulatory legal acts regulating the procedure for serving in these bodies. For violation of the legislation on elections and referendums, in the field of ensuring the sanitary and epidemiological welfare of the population, rules traffic, requirements fire safety outside the duty station, environmental protection legislation natural environment, customs regulations and the rules of the regime of the State Border of the Russian Federation, the border regime, the regime at checkpoints across the State Border of the Russian Federation, as well as for administrative offenses in the field of taxes, fees and finances, failure to comply with the legal requirements of a prosecutor, investigator, person conducting an inquiry, or an official, carrying out proceedings on administrative offense, persons subject to disciplinary statutes or special provisions on discipline, bear responsibility on a general basis. These persons cannot be applied administrative penalties in the form of administrative arrest, and to military personnel undergoing military service on conscription, also in the form of an administrative fine.

Federal Law No. 79-FZ, together with the ranks, apparently legalized the category of "official" in the legislation of the Russian Federation. From a curse in the days of the USSR, it turns into a legitimate symbol of state power. But the most characteristic legislation on officials is the legislation of Germany. And the status of an official in Germany is significantly different from the status of a new official in the Russian Federation.

The German civil service law in force in Germany even uses the term "official" in its very name, but the features of this particular group of civil servants are not traced in its content; in fact, it regulates the basic provisions of the civil service and the status of a civil servant in general. Historically, the main feature of an official was his possession of a set of measures. guaranteeing him stability even in cases of contradiction to his patron in making decisions on public affairs.

Here is how R. Zummer and K.-R. Puler:

“Initially, bureaucracy was only a tool for fulfilling the will of the prince. Officials served the prince personally, and their legal status was extremely uncertain. to distinguish between officials who were in the service of the state and servants who served the monarch in his private life.The princes themselves (for example, Frederick II, King of Prussia) considered themselves the first servants of the state.There was an opinion that all the activities of an official should be based on state interests, and the official, if necessary, must object to the monarch.In connection with these new ideas about the firmness of the official in protecting the interests of the state, which was inevitably associated with a certain risk to his own position, there was also a demand for the need for a guaranteed legal status for the official himself"1. this description is quite an obvious subjective assessment historical events. A more materialistic approach is required in assessing the history of the development of bureaucracy. Probably, feudal fragmentation and the need for local authorities to be responsible for all the situation on their territory made the civil servant so independent in relation to the prince. But even this independence cannot be overestimated, it is ultimately conditional and is determined by the usual laws of state building.

This is the explanation of the origin and existence of the status of a civil servant with special rights and duties - an official, irremovable, with high level salary, with a position of personal devotion to the prince or superior. In Germany, the official was subject to the Alimentationsprinzip rule, which translators translate as "the principle of full state support." However, the principle of feeding Russian history is not a direct analogue of German.

E. A. Litvintseva defines the bureaucracy in Germany as historically "a group separated from society, which had a special relationship of personal devotion and loyalty with the state." However, the cited German scholars find that the quality of the objection to the will of the boss is the main advantage of the official over other civil servants. And it is precisely to guarantee a certain independence that an official is endowed with the qualities of irremovability, neutrality, and other primary features of the bureaucracy caste.