Obolonsky A.V. Public service - file n1.doc. The civil service system in the Russian Federation
1. Public service: concept, features, meaning and legal sources.
Public service of the Russian Federation - professional service activities of citizens of the Russian Federation to ensure the execution of powers:
o federal authorities state power, other federal state bodies
o subjects of the Russian Federation;
o public authorities of the subjects of the Russian Federation, other state bodies of the subjects of the Russian Federation
o persons replacing positions established by the Constitution of the Russian Federation, federal laws for the direct execution of the powers of federal state bodies
o persons filling 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
Principles civil service are:
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.
The main meaning of the principles public service lies in the fact that they determine the "legal destiny", the viability, the practical organization and the actual functioning of the civil service.
Sources. The regulation of relations related to the civil service is carried out:
1) the Constitution of the Russian Federation;
2) the Federal Law "On the system of public service of the Russian Federation";
3) this Federal Law;
4) other federal laws, including federal laws regulating the specifics of the civil service;
5) decrees of the President of the Russian Federation;
6) resolutions of the Government of the Russian Federation;
7) regulatory legal acts federal executive authorities;
8) constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;
2. civil service as a system. Types of public service
Federal law "On the system of public service Russian Federation»classifies the civil service into the following types that make up its unified system:
1.state civil service;
2.military service;
3.law enforcement service.
The state civil service is subdivided, in turn, into the federal state civil service and the state civil service of the subject of the Russian Federation.
Military service and law enforcement are branches of the federal civil service. By introducing amendments and additions to the Federal Law "On the System of the Public Service of the Russian Federation", other types of federal public service may be established. In the subject of the Russian Federation, the state civil service of the subject of the Russian Federation is organized.
3. State civil service (federal and subjects of the Russian Federation)
The state civil service of the Russian Federation is subdivided into the federal state civil service and the state civil service of the subjects of the Federation.
The federal service is carried out in accordance with the Constitution of the Russian Federation (Article 71, paragraph "t"), legislative and other regulatory acts of the Russian Federation in public positions in the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, in the apparatus of the chambers of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme arbitration court Russian Federation, in federal state bodies subordinate to the President of the Russian Federation and the Government of the Russian Federation, as well as in other positions in accordance with the legislation of Russia.
Public service in the subjects of the Federation is carried out in accordance with the Constitution of the Russian Federation, federal laws, laws and other regulatory acts of the subjects of the Federation. For example, Art. 72, paragraph "l" of the Constitution of the Russian Federation establishes the provision that the personnel of the judicial and law enforcement agencies, the bar and notaries are in the joint jurisdiction of the Russian Federation and its subjects.
4. Goals, tasks
The following goals of the public service can be distinguished:
streamlining the work of the state apparatus;
establishing requirements for the functions and powers of government positions;
determination of the competence and professional readiness of civil servants;
regulation of methods and procedures for analyzing and evaluating the effectiveness of the functioning of the state apparatus;
formation of conditions for providing civil servants, including material, social and legal guarantees of public service.
Political and administrative goals civil service are aimed at strengthening the state and statehood, the executive vertical of power, at the practical implementation of the functions of the state and the effective execution of the powers of state bodies,
Social goals are determined by its social nature and the purpose of the civil service as a social institution In the light of the foregoing, state bodies set themselves the goals of fulfilling constitutional requirements state support social sphere - education, healthcare, pensions, the implementation of the social obligations of the state to the population,
Economic goals aimed at improving efficiency state regulation economy and management of state property, to support entrepreneurship, reduce the cost of maintaining the state apparatus, etc.
Legal goals are focused on the implementation of laws and other normative acts of state power, on ensuring law-making activities in the country, on creating legal conditions for the organization and functioning of the state apparatus.
Organizational Goals aimed at organizational and technical support of public authorities, at increasing the level of professionalism and competence of employees of the state apparatus,
5. Functions
To the main general functions public service include:
management of public affairs. Management is a function of organized systems. In this regard, the civil service can be seen as an organizational institution;
goal-setting is one of the main (first) management functions. Its purpose is to determine the parameters for the optimal functioning of society or a model for its future development;
P forecasting and modeling development of society and state bodies. AT
information support for the activities of state bodies, the life of society, i.e. collection, receipt, processing, analysis of information necessary for the implementation state activities;
planning is decisions made in advance about what to do, when to do it, and who will do it.
organization - creation and ordering of the structure and staff of the civil service, processes government controlled for the purpose of sustainable and dynamic development of society and state bodies.
control - establishing the compliance or non-compliance of indicators of the development of society and the public service with internal or external standards and the level set by plans and programs;
accounting - fixing in quantitative indicators the processes taking place in society and in the public service;
coordination - harmonization of the activities of various state bodies to achieve common goals and objectives of the state
6. Institute of public service as a regulator of the administrative activities of officials
The term "institution" in sociology and political science is used in several meanings: 1) it refers to a certain group of persons performing social functions; 2) it means an organization that satisfies social needs; 3) they are called some social roles that are especially important for people's lives.
When we say that the public service is an institution, we mean by this a group of officials working in public authorities; administrative organizations and the institutions they have; finally, the role of the minister, head of department, etc.
However, there are significant differences between the concepts of "institution", "group", "organization" and "role". If a group is a collection of interacting people, united by common interests; an organization is an association of individuals focused on achieving a specific goal; the role is a model of behavior that meets the expectations of the people around, then an institution is an organized system of connections, which is a value-normative complex, through which people's actions are directed and controlled to meet the basic needs of society.
Applying this definition to the institution of public service, we note that values are understood as goals shared by people (law, democracy), norms are standardized patterns of behavior (based on the constitution and other laws), and a system of connections is an interlacing social roles and statuses (head of administration, head of department, etc.) within which this behavior is carried out. communication between officials within the apparatus (administrative environment). Unlike subordinate, service relations, these are coordinating, interpersonal relations that ensure closer cooperation between managing subjects. Informal also include family ties, compatriot ties, ties of classmates (graduates of the same university), relationships of personal devotion, patronage, etc.
7. Prerequisites for reforming the civil service by Peter the Great. The role of the Table of Ranks
In the course of public administration reforms, new ranks appeared, which the tsar distributed, based mainly on the personal qualities of those appointed. Moreover, Peter sought to block the promotion of those nobles who did not serve as privates, in the lowest rank, did not go through the school of the guard. On February 26, 1714, a corresponding decree was issued. The autocracy needed not only soldiers and officers, but also officials of institutions. The General Regulations legislated the idea of the civil service of the Russian nobility as "one of the most important forms of fulfilling duties to the sovereign and the state."
The Role of the Table of Ranks The role and significance of the Table of Ranks can hardly be overestimated. old system ranks and ranks, which developed in the 17th century, did not correspond to the rapid growth of the bureaucratic apparatus that accompanied Peter's administrative reforms. The advantage of the Table was that 14 classes were first established, and only then the corresponding class was determined for all introduced ranks. All these ranks were included in the Table of Ranks, all officials were links of one mechanism. Such an association made it possible, when communicating, for example, between a military man and a civilian, to immediately determine who is higher in position, to whom to give more honor, and even how to name whom, since the law prescribed in an official situation to address an official by the level of his rank.
8. administrative reform of Speransky
By the beginning of the XIX century. administrative system state administration was in decline. Circular irresponsibility reigned in the Petrine collegiums, bribery flourished, local authorities committed lawlessness.
In 1802-1811. ministerial reform. Instead of 12 colleges, 8 ministries were created: military, naval, foreign affairs, justice, internal affairs, finance, commerce and public education (for the first time). Later, the number of ministries was increased to 12, and their structure and functions were worked out in detail.
The Senate was restored as the highest judicial-administrative body and "custodian of laws". In 1802, a decree was issued on the rights of the Senate, which was announced supreme body in the empire and concentrated in itself the highest administrative, judicial and controlling power. He was given the right to make "representations" about issued decrees if they contradicted other laws.
A cabinet of ministers was set up to discuss general issues governance of the country. New universities, lyceums, gymnasiums were opened (especially for the “lower classes”). In 1811 the Tsarskoye Selo Lyceum was opened.
Thus, the new emperor demonstrated his intention to improve the state of affairs in the country through reforms.
9. Public service in the second half of the XIX century.
After accession to the throne, Nicholas formed a secret committee, which was supposed to prepare a project for reforms in the public administration system. M. M. Speransky was involved in his work. The committee, having worked until 1830, did not create a coherent reform program.
The most important body of state administration under Nicholas I was his personal office. The 1st department of the chancellery was in charge of the documents received by the tsar and carried out the tsar's orders.
In the II branch, work was concentrated on streamlining (codification) of laws. III branch carried out the functions of the police, it was supposed to be all-seeing eye king, to oversee the exact execution of laws.
This department was also entrusted with all political affairs and control over the mindset in society.
Under the leadership of M. M. Speransky, the Basic state laws Russian Empire. This work was supposed to end with the creation of a new code, but Nicholas I limited himself to existing legislation.
In 1837–1844 was carried out under the leadership of Count P. D. Kisilev, the reform of the management of state peasants. According to the reform, self-government was introduced in the settlements of state peasants, schools and hospitals began to open. Land-poor peasants could move to free lands.
In 1841, measures were taken regarding the landed peasants, according to which it was forbidden to sell the peasants one by one and without land.
In 1843, landless nobles were deprived of the right to acquire serfs.
In 1847, the serfs received the right to redeem their freedom if the landowner sold the estate for debts. But these measures did not abolish the institution of serfdom; on the whole, it continued to be preserved.
In 1839–1843 under the leadership of the Minister of Finance E.F. Kankrin, a monetary reform was carried out. The main means of payment was the silver ruble. Credit notes were then issued that could be exchanged for silver. The country maintained a proportion between the number of bank notes and the stock of silver. This made it possible to strengthen the financial situation in the country.
10. Features of public service in the period Soviet power
After the October Revolution of 1917, the centuries-old Russian civil service was practically destroyed. The bureaucracy was either dispersed or repressed. A feature of the public service Soviet period was that, in addition to persons working in public authorities and administration, civil servants included scientific ~ pedagogical personnel, as well as managerial personnel, specialists and engineering ~ technical workers employed in various industries National economy, doctors and others. The following features were characteristic of the Soviet public service:
~lack of professional bureaucracy;
~absence of a normative~legal procedure for selection for public service and promotion;
~ excessive party influence on the selection and placement of personnel in state bodies;
~ employees could be fired at any time, and many of them did not have the right to consider their labor dispute in court;
~ legal regulation of public ~ service relations was carried out mainly by the norms of labor law (salary, work time and rest time, vacation, certification, etc.).
11. Fundamentals of the formation of the institution of public service in Russia in the 90s. XX century.
The Constitution of the Russian Federation of December 12, 1993, for the first time in Russian history, consolidated at the constitutional level provisions related to public service.
* Approved by Decree of the President of the Russian Federation Regulations on the Federal Public Service (1992), Federal Law `On the Fundamentals of the State Service of the Russian Federation` dated July 31, 1995 L? 119~FZ normatively consolidated a number of important concepts (civil service, public office, civil servant, etc.) and provisions related to public service.
* A number of measures have been taken to organize the state and municipal service as a legal and social institution in the new conditions, to select, place, train and
retraining, advanced training of personnel, creation and strengthening of personnel structures in almost all federal, regional and local bodies.
* However, by the new century in Russia there are still many unresolved problems in the field of strengthening statehood, improving the regulation of the civil service system (bribery, corruption of state and municipal employees, confrontation between representative and executive authorities, loss of management efficiency, etc.).
* To overcome these and other shortcomings, much remains to be done in the course of the ongoing administrative, judicial and military reform, civil service and local self-government reforms.
* Especially many tasks before the authorities and their apparatus remained unresolved in the field of economy, social sphere, interethnic relations11 See: Gunkov K.V. Public service in modern Russia. M., 2003. S. 139
Concluding the consideration of the historical experience of creating statehood and the institution of public service in Russia, we note first of all the following:
* the history of Russian statehood ~~ is a continuous process
improvement (reform) of higher, central and local
apparatuses of power in order to more effectively manage the vast territories of Russia;
* the issue of strengthening the Russian statehood, increasing the efficiency of the civil service has become the most important among all acute issues public life and on present stage Russian history;
*studying the features of reforms in the field of public administration and civil service helps to better understand contemporary issues, look to the future.
12. The role of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation" for the further development of the modern civil service.
1995 FZ 119 of the law "On the fundamentals of the public service of the Russian Federation"
which became a legislative act because contained the basics on the problems of civil servants, regulated and established the principles of organizing the state. services and legal provisions g.s. The purpose of this law:
1. Approve the constitutional status of G.S.
2. Approve stable organizational structure g.s.
3. legal status g.s.
4. the duties of a g.s.
5. disciplinary code
6. entry into the service and promotion. The Federal Law contains a clear division of public positions into categories, groups, qualification categories, etc., which is briefly covered with reference to other regulations in the new law.
In FZ. qualification requirements are listed, and the new law contains references to other documents.
In FZ. an entire chapter (Chapter 4) is devoted to the procedure for entering, passing and terminating public service, in the new law, Art. 12 ch.2.
In FZ. the time periods included in the length of service of a civil servant are determined. The new law contains references to other documents.
13. Formation of new Russian legislation on civil service (2003 - 2005). The role of the Federal Law "On the State Civil Service
Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation"
The legal, organizational, financial and economic foundations of the state civil service of the Russian Federation are being established. The law regulates relations related to the entry into the civil service, its passage and termination, as well as the definition legal status(status) of a federal state civil servant and a state civil servant of a constituent entity of the Russian Federation.
The basic rights and obligations of civil servants, restrictions and prohibitions in the civil service, as well as requirements for their official behavior are determined.
Civil service positions are divided into categories (leaders, assistants (advisors), specialists and providing specialists) and groups (higher, main, leading, senior and junior). All positions of the state civil service are included in the registers of positions of the state civil service. Class ranks of the civil service are assigned to civil servants in accordance with the position to be filled within the group of civil service positions.
Citizens of the Russian Federation who have reached the age of 18, who speak the state language of the Russian Federation and who meet the qualification requirements established by the Law, have the right to enter the civil service. The age limit for civil service is 65 years.
The law regulates the issues of service time and rest time for civil servants, determines the normal duration of service time, the conditions for establishing an irregular working day.
The Law also regulates the issues of remuneration of state civil servants and determines the procedure for the formation of the payroll fund for federal civil servants.
14. personnel policy essence
Personnel policy is a set of rules and norms, goals and ideas that determine the direction and content of work with personnel. Through the personnel policy, the implementation of the goals and objectives of personnel management is carried out, therefore it is considered the core of the personnel management system. The personnel policy is formed by the management of the organization, implemented by the personnel service in the process of performing its functions by its employees. It is reflected in the following regulatory documents:
=rules internal regulations
collective agreement. The concept and main directions of personnel policy
AT broad sense personnel policy is a system of rules and norms in the field of work with personnel, which must be understood and formulated in a certain way, bringing the human resource in line with the company's strategy. In the narrow sense, personnel policy is a set of specific rules, wishes and restrictions in the relationship between employees and the organization.
The purpose of the personnel policy is to ensure the optimal balance of the processes of updating and maintaining the numerical and qualitative composition of personnel, its development in accordance with the needs of the organization, legal requirements, and the state of the labor market.
The purpose of the personnel policy is to formulate goals in a timely manner in accordance with the organization's development strategy, set problems and tasks, find ways and organize the achievement of goals.
15. legal basis for kp
The legal aspect of the state personnel policy means taking into account the rights of man and citizen in it, strict legal regulation of all basic personnel processes and relations. In relations between people, and even more so in personnel matters, there are two regulators: the law, which is mandatory for execution under the threat of state sanctions, and morality, the moral values of society, which are mandatory due to traditions, the mentality of society and are not prosecuted by law. State personnel policy and especially personnel activities are regulated by normative legal acts - imperious instructions of state bodies that establish, change or cancel the rules of law. Normative legal acts regulating personnel processes and relations are classified depending on their legal level or degree of legal force. On the first legal level the Constitution of the Russian Federation is located, then constitutional federal laws, federal laws follow, by-laws follow - decrees and orders of the President of the Russian Federation, resolutions and other regulatory legal acts of the Government of the Russian Federation, orders, orders and local regulations of federal ministries and departments. The basis of the regional state personnel policy is the constitutions of the republics, the charters of the territories, regions and other subjects of the Russian Federation.
The Constitution of the Russian Federation regulates the most important, strategic issues of social, labor and personnel relations in the state and society.
16. kp and k work
Personnel work in the civil service includes:
Formation of personnel for the replacement of civil service positions
Preparation of proposals on the implementation of the provisions of this Federal Law, other federal laws and other regulatory legal acts on the civil service and introduction said proposals employer's representative
Maintenance of work books of civil servants
= Conducting personal files of civil servants
Maintaining a register of civil servants in a state body
Registration and issuance of official certificates of civil servants
Ensuring the activities of the commission for the settlement of conflicts of interest
Organization and provision of competitions for filling vacancies in the civil service and the inclusion of civil servants in the personnel reserve
Organization and provision of attestation of civil servants
Organization and provision of qualification examinations for civil servants
Organization of the conclusion of contracts with citizens during their training in educational institution vocational education followed by civil service
Organization of internal audits
Structure of personnel policy
The content of the personnel policy covers the following issues:
~ purposeful, systematic and balanced formation and training of qualified employees, continuous improvement of their professional skills, comprehensive education and continuous training of personnel;
~ distribution and redistribution of workers by areas of employment, regions of the country and types professional activity;
~ rational use of personnel, moral and material incentives their activities, the development of special abilities, the formation of job satisfaction;
~ organization of personnel and social work, control over the activities of personnel formation and development of an integrated system of human resource management.
17. CP goals
The main goals of the state personnel policy of the Russian
Federations are:
8 - determining the place and role of the state in the implementation of the constitution~
principle of creating equal conditions for free disposal
citizens of Russia with their ability to work, to choose the kind of work ~
body and profession (Constitution of the Russian Federation, art. 37);
- determination of the attitude of the state to personnel, to labor in general.
In this case, one should proceed from the norm of the Constitution of the Russian Federation, which compel
active labor is prohibited in Russia (art. 37);
– development and implementation of a new personnel doctrine, OS~
based on the fact that the state and the individual in a democratic
society - social partners in the process of labor activity;
– the formation and demand for the human resources potential of Russia as
the most important intellectual and professional resource of the state~
stva and society.
Thus, the generalizing goal of the GKP is the formation of such
personnel potential and personnel composition of the country, which would
professional, business and moral relations provided Dina~
dynamic and stable political and socio-economic development
tie of Russia.
18. workforce planning
The planning of the selection process is based on personnel planning, the main task of which is to determine the needs of the organization in human resources in both the short and long term.
Reasons for the need for personnel planning:
employees with the necessary knowledge and abilities are not always at the disposal of the enterprise;
Excessive personnel cannot be effectively used at the enterprise all the time.
Therefore, personnel planning includes two aspects:
development of measures to attract specialists of the required qualification to the enterprise;
development of measures for the development, retention, use and release of personnel.
From a temporal point of view, personnel planning can be considered at three time levels (horizons):
short-term, which extends to a period of not more than one year;
medium-term, in which there are plans for an interval of one to five years;
long-term, including plans covering more than a five-year period.
19. Subjects and objects of personnel policy. The state is the main subject of personnel policy.
It can be argued that the main subject of the GKP is the state, it is it that largely forms it.
At the same time, each branch of government, as a subject of personnel policy, performs its functions:
~ The Federal Assembly gives the GKP a legitimate character, legislatively fixing its foundations and principles;
~ executive authorities participate in the development and implementation of the PCU;
~ The judiciary and the prosecutor's office control compliance with the law in working with personnel, provide legal and social protection of employees, all employees, and resolve conflicts that arise in the resolution of individual personnel issues.
The President of the Russian Federation, as the head of state, determines the tasks and priorities of the PCU, ensures the coordinated functioning of federal and regional authorities in work with personnel, appoints employees to a wide range of government positions. The object of the PCU can be structured according to different criteria:
~ managing and managed;
~ ruling elite, state and municipal employees;
~ employees of the federal, regional and local levels;
~ managers, specialists and workers of mass professions;
~ frames various industries production and spheres of life of society.
The object of direct state administration is the personnel of the civil service, personnel of the apparatus of government bodies, personnel state enterprises.
20. party as a subject
Political parties in their program documents declare their views and aspirations in the GKP, when they come to power, they implement them.
The current current Russian legislation recognizes the right of political parties to participate in the process of forming the personal composition legislature all levels, candidates for the head of state and heads of municipalities. As a result of the amendments made to the Law "On Political Parties", the institution of a political party, along with the President of Russia, received the opportunity to influence the process of appointing heads of regions. In accordance with the Constitution, with the consent of the State Duma, the President of Russia approves the candidacy of the Chairman of the Government of the Russian Federation. Political parties that are members of the State Duma shall decide on the issue of confidence in the Government of the Russian Federation. Also The State Duma has the right to "bring charges against the President of the Russian Federation in order to remove him from office."
21. factors
The effective functioning of the civil service institution largely depends on habitualization, typification and legitimation. Let us consider these factors of the institutionalization of the public service.
Any human activity, - emphasize P. Berger and T. Lukman, - undergoes habitualization, i.e. habituation. Any action that is often repeated becomes a model and can be done again in the same way. Over the decade of the existence of a professional institution of the civil service in our country, citizens have become familiar with the new procedures for its activities, and hence the habits of modern forms of interaction with officials.
Another factor of the institutional order is the typification of habitual actions. The liberated Russian officials attributed motives to the behavior of citizens, and those - motives to the behavior of civil servants. Officials provide public services to citizens, who, in turn, are obliged to pay for these services directly or indirectly through taxes. Normative ideas about specific patterns of role-playing behavior were fixed in the minds of both. Thus, the typification of habitual actions led to the typification of actors: civil servant recognition, justification by people of this social institution, subordination to the norms prescribed by it. External signs legitimacy of the civil service institution are the maximum narrowing of the zone of deviant (deviant) behavior of citizens, the ability of state bodies and officials maintain order in society without the threat of the use of force. However, internal sources of legitimacy, the consciousness of people, are of decisive importance here.
22. personnel work
Personnel work is the activity of governing bodies, personnel services and officials, the content of which is practical implementation goals, objectives and principles of personnel policy; it is a set of directions, forms and technologies of work with personnel (personnel). Personnel work in a state body is the prerogative of its personnel service. Article 44 of Federal Law No. 79-FZ establishes that the content of personnel work government agency includes:
formation of personnel for the replacement of civil service positions;
preparation of proposals for the implementation of the provisions federal law on the civil service and making these proposals to the representative of the employer;
organizing the preparation of draft acts of a state body related to entering the civil service, its passage, the conclusion of a service contract, appointment to a civil service position, etc.;
maintenance of work books of civil servants;
conducting personal files of civil servants;
maintaining a register of civil servants in a state body;
the main direction of personnel work is the formation of personnel for filling positions in the civil service
To the table of contents23. fur frame floor.
The implementation mechanism of the PCU includes a system of personnel activities and staffing, a system of state bodies and institutions, a system of measures (technologies) that put the personnel policy into effect.
From the content side, the model of the mechanism for implementing the GKP includes at least four constituent elements, or levels:
top level - conceptual - theoretical basis GKP;
the second level - regulatory and legal - the legislative framework GKP;
the third level - organizational - special institutions - bodies involved in personnel work;
the fourth level, closest to personnel, is technological - forms, methods and methods of personnel work.
Structural model of the mechanism for implementing the state personnel policy of three main components: subject, process personnel management and object.
1. Subjects of personnel work - bodies and officials influencing personnel. The subjects of the GKP are subdivided:2. The process of personnel management is a technology of personnel activity. The objects of the state personnel policy are what the subject of personnel policy influences: people, labor resources, human resources, personnel corps, personnel, their separate categories and groups.
To the table of contents24. org role
It is the municipal employees who are the link in the relationship between the municipal government and the population. The effectiveness of the implementation of both state and municipal socio-economic policies on the territory of municipalities, the degree of trust and prestige of the authorities in the eyes of the local community depend on their competence, professionalism, literacy of an elementary desire to work for the population and for the benefit of each person individually.
Despite the active development of legislation on municipal service, today there are many problems and contentious issues regarding law enforcement practice, problems that are inextricably linked with the institution of municipal service and require new forms and ways to overcome them.
Among the whole range of problems, one can identify the most common ones that haunt the municipal service at all stages of reform and are very difficult to eliminate - these are bureaucracy, corruption and the lack of professional personnel.
25. the role of the talent pool
The Russian Federation has established a multi-level system for the formation of a personnel reserve in the civil service with the following types of personnel reserves:
~ federal personnel reserve;
~ personnel reserve of the federal state body;
~ personnel reserve of the subject of the Russian Federation;
~ personnel reserve of the state body of the subject of the Russian Federation.
The main purpose of the formation and use of the personnel reserve is the timely provision of the civil service with highly qualified personnel.
The personnel reserve is formed taking into account the applications received by the state body from civil servants and citizens. General rule is the inclusion of a civil servant (citizen) in the personnel reserve of a state body to fill a civil service position based on the results of a competition, which evaluates the compliance of the participants with the qualification requirements for civil service positions, as well as their level of knowledge, skills and abilities.
the reserve is formed to replace:
1) a vacant civil service position in a state body in the order of promotion of a civil servant;
2) a vacant civil service position in another state body in the order of promotion of a civil servant;
3) positions of the civil service, the appointment and dismissal of a civil servant from which are carried out by the President of the Russian Federation or the Government of the Russian Federation.
26. . The concept and status of the position. State position.
The position of the civil service is understood as the primary structural (organizational) unit of the state body established in accordance with the established procedure
(institution) that determines the functional purpose, powers and responsibilities of the person replacing it, as well as the costs of his employer (the state, the subject of the Russian Federation) for his maintenance and creation of conditions for him to fulfill official duties.Each position in the public service has its own legal status and form of its expression.
The legal status of a position contains a set of official powers - common to all positions (or at least many) and for a given position. Positions in the public service are divided into types (groups) for a number of reasons:
a) by type of activity in state bodies and organizations - in the state apparatus, in the administration of state enterprises and institutions, in military service: in turn, in each of these three areas of state activity, positions also differ by type, for example, in the state apparatus - managerial, control positions, etc.;
b) in terms of the scope of action - typical (most positions) and individual (for example, the head of a structural unit in the office of the Presidential Administration of the Russian Federation);
c) by methods of replacement - elective, appointed, competitive, replaced by enrollment; d) by replacement at the present time - employed and vacant, on the basis of the relationship of civil servants, the positions they fill are divided by the Law into five groups.
27. Positions of the civil service. Classification of civil service positions
Positions of the federal state civil service are established by federal law or a decree of the President of the Russian Federation, positions of the state civil service of the constituent entities of the Russian Federation - by laws or other regulatory legal acts of the constituent entities of the Russian Federation, subject to the provisions of this Federal Law in order to ensure the execution of the powers of a state body or a person replacing a public position
. Classification of civil service positions
1. Civil service positions are divided into categories and groups.
2. Civil service positions are divided into the following categories:
1) heads ~ positions of heads and deputy heads of state bodies and their structural divisions.
2) assistants (advisors) ~ positions established to assist persons replacing public office, government officials,
3) specialists - positions established for professional support of the performance of established tasks and functions by state bodies and replaced 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.
3. Civil service positions are divided into the following groups:
1) the highest positions of the civil service;
2) the main positions of the civil service;
3) leading positions in the civil service;
4) senior civil service positions;
5) junior civil service positions.
28. Registers of positions of the state civil service of the Russian Federation and the subject of the Russian Federation. Classy ranks of the civil service.
The register of positions in the state civil service of a constituent entity of the Russian Federation is approved either by law or by another regulatory legal act of a constituent entity of the Russian Federation.
The register of positions of the federal state civil service is a written list of their names, divided into types by state bodies, categories and groups of positions.
Both of these registers (the register of positions of the federal civil service and the registers of positions of the state civil service of the constituent entities of the Russian Federation) constitute the Consolidated Register of Positions of the Civil Service of the Russian Federation.
The register of positions of the federal state civil service covers all branches of government and includes 22 sections,
Class ranks of the civil service
Class rank in the Russian Federation - the degree, class, qualification (one out of three within a group of positions or one out of fifteen within five groups) of the suitability of an official for a particular activity, established by federal law or other legal act, based on the availability of the necessary knowledge , skills and abilities.
1. Class ranks of the civil service are assigned to civil servants in accordance with the civil service position to be occupied within the group of civil service positions.
class ranks are assigned based on the results of the qualification exam.
There are only 15 class ranks of the state civil service: active state advisers of the Russian Federation of 1, 2 or 3 classes; state advisers of the Russian Federation of the 1st, 2nd or 3rd class; civil service advisers of the 1st, 2nd or 3rd class; referents of the state civil service of the 1st, 2nd or 3rd class; secretaries of the civil service of the 1st, 2nd or 3rd class.
29. The concept of a civil servant. Basic rights of a civil servant.
A civil servant is a person who is in the public service, holding positions in the central and local apparatus of state administration, in the judiciary and some other bodies. The rights of civil servants are a set of legal possibilities,
thirdly, determined by the features certain types public service activities (for example, tax, customs, military service). The rights of public servants are a set of legal possibilities,
firstly, granted to them by the Constitution of the Russian Federation, constitutions and charters of the constituent entities of the Russian Federation as citizens of the Russian Federation;
secondly, arising from the fact that they fill public positions in the civil service (official or service rights);
thirdly, determined by the characteristics of certain types of state ~ service activities (for example, tax, customs, military service).
30. main responsibilities
Article 15. Main duties of a civil servant
1) comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts
2) perform official duties in accordance with the official regulations;
3) execute the instructions of the relevant managers given within the limits of their powers established by the legislation of the Russian Federation;
4) observe the rights and legitimate interests of citizens and organizations in the performance of official duties;
5) observe the official regulations of the state body;
6) maintain the level of qualification necessary for the proper performance of official duties;
7) not to disclose information constituting state and other secrets protected by federal law,
8) protect state property, including that provided to him for the performance of official duties;
9) to submit, in accordance with the established procedure, information about himself and members of his family provided for by federal law, as well as information about the income received by him and the property owned by him, which are objects of taxation, about obligations of a property nature
10) notify about renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state on the day of renunciation of citizenship of the Russian Federation or on the day of acquiring citizenship of another state;
11) comply with restrictions, fulfill obligations and requirements for official behavior, not violate the prohibitions established by this Federal Law and other federal laws;
12) report personal interest in the performance of official duties, which may lead to a conflict of interest, take measures to prevent such a conflict.
31. restrictions and prohibitions
Article 16. Restrictions related to the civil service
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 issuing access to information constituting state and other secrets protected by federal law,
4) the presence of a disease that prevents entry into the civil service or
5) close relationship or property (parents, spouses, children, brothers, sisters, as well as 7) citizenship of another state (other states), unless otherwise
Article 17. Prohibitions related to the civil service
1. In connection with the passage of the civil service, a civil servant is prohibited from:
1) participate on a paid basis in the activities of the governing body commercial organization, with the exception of cases established by federal law;
2) to replace the position of the civil service in the event of:
a) election or appointment to public office;
b) election to an elective position in a local self-government body;
c) election to a paid elective position in a body of a trade union, including in an elected body of a primary trade union organization established in a state body;
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 a 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 rewards, loans, services,
32. culture of ethics
the broadest concept in the field of professional morality is the term service ethics, which is commonly understood as a set of the most general norms, rules and principles of human behavior in the field of his professional, production and service activities. These standards must be observed by every person who enters the service, whether in law enforcement, military or civil service.
Can be distinguished General requirements work ethics:
1. Discipline.
2. Savings material resources provided to the employee for the implementation production activities. These resources can be very different.
3. Correctness of interpersonal relations. A person in the sphere of his work activity should behave in such a way that interpersonal conflicts arise as little as possible, and that other people feel comfortable working next to him in direct and indirect interpersonal contact.
With regard to the ethics of the civil service, as well as in the civil service as a whole, the basis of morality is loyalty to the state, honest service, conscientious performance of official duties, etc. Special attention in this type of service is given to issues of personal interest and the search for personal gain in the performance of official duties.
33. requirements
Article 18
1. A civil servant is obliged:
1) perform official duties in good faith, at a high professional level:
2) proceed from the fact that the recognition, observance and protection of the rights and freedoms of man and citizen determine the meaning and content of his professional service activities;
3) to carry out professional service activities within the framework of the competence of the state body established by the legislation of the Russian Federation;
4) not give preference to any public or religious associations, professional or social groups, organizations and citizens;
5) not to take actions related to the influence of any personal, property (financial) and other interests that impede the conscientious performance of official duties;
6) comply with the restrictions established by this Federal Law and other federal laws for civil servants;
7) observe neutrality, which excludes the possibility of influencing their professional service activities by the decisions of political parties, other public associations, religious associations and other organizations;
8) not to commit acts discrediting his honor and dignity;
9) show correctness in dealing with citizens;
10) show respect for the moral customs and traditions of the peoples of the Russian Federation;
11) take into account the cultural and other characteristics of various ethnic and social groups, as well as denominations;
12) promote interethnic and interfaith harmony;
34. conflict resolution
Article 19. Settlement of conflicts of interest in the civil service
1. Conflict of interest - a situation in which the personal interest of a civil servant affects or may affect the objective performance of his official duties and in which a conflict arises or may arise between the personal interest of a civil servant and the legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation, capable of causing harm to these legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation.3. Under the personal interest of a civil servant, we mean the possibility of a civil servant in the performance of official duties of income in cash or in kind, income in the form of material benefits directly for a civil servant, members of his
5. In order to comply with the requirements for the official conduct of civil servants and the settlement of conflicts of interest, commissions are formed in the state body to comply with the requirements for the official conduct of civil servants and the settlement of conflicts of interest (hereinafter referred to as the commission for the settlement of conflicts of interest).
6. The commission for the settlement of conflicts of interest is formed by a legal act of a state body. The commission consists of a representative of the employer and (or) civil servants authorized by him (7. The composition of the commissions for the settlement of conflicts of interest is formed in such a way that the possibility of conflicts of interest that could affect the decisions taken by the commissions is excluded.
8. The regulation on commissions for compliance with the requirements for official conduct of state civil servants of the Russian Federation and the settlement of conflicts of interest is approved by decree of the President of the Russian Federation.
35. state guarantees
civil servants are guaranteed:
1) equal conditions of remuneration, as well as comparable indicators for evaluating the effectiveness of the results of professional performance in replacing the relevant positions in the civil service,
2) the right of a civil servant to timely and in in full receiving financial support;
3) conditions for the civil service, ensuring the performance of official duties in accordance with the official regulations;
4) rest, provided by the establishment of the normal length of service time, the provision of days off and non-working public holidays, as well as annual paid basic and additional holidays;
5) medical insurance of a civil servant and members of his family, including after the retirement of a civil servant for long service,
6) compulsory state social insurance in case of illness or disability during the period of civil service or the preservation of monetary support in case of temporary disability, as well as on
the time of passing a medical examination in a specialized healthcare institution
7) payments under compulsory state insurance in the cases, procedure and amounts established respectively by federal laws and laws of the constituent entities of the Russian Federation;
10) protection of a civil servant and members of his family from violence, threats and other misconduct in connection with the performance of his official duties in cases, in the manner and under the conditions established by federal law;
36. admission to n s
Article 21. The right to enter the civil service
1. Citizens of the Russian Federation who have reached the age of 18, who speak the state language of the Russian Federation and meet the qualification requirements established by this Federal Law, have the right to enter the civil service.
2. The age limit for being in the civil service is 65 years.
The competition is held in two stages - the preparatory stage and the main stage (the meeting of the competition commission).
1. On preparatory stage First of all, the state body publishes an announcement about the acceptance of documents for participation in the competition in a periodical printed publication, and also places information about the competition on the website of the state body.
The announcement of the acceptance of documents for participation in the competition shall indicate: the name of the vacant civil service position; requirements for the applicant for this position; place and time of receipt of documents; the period before the expiration of which documents are accepted.
a citizen who has expressed a desire to participate in the competition submits to the state body:
1. personal statement;
2. self-filled and signed application form;
3. copies of the passport, work book and documents confirming professional education;
4. a document confirming that the citizen does not have a disease that prevents entry into the civil service.
A civil servant who has expressed a desire to participate in the competition sends an application addressed to the representative of the employer. The personnel service ensures that he receives the documents necessary to participate in the competition. Documents are submitted to the state body within 30 days from the date of the announcement of their acceptance. After verifying the accuracy of the information provided by applicants for filling a vacant position, the representative of the employer decides on the date, place and time of the second stage of the competition. In the course of establishing and verifying the circumstances that prevent a citizen from entering the civil service, he is informed in writing about the reasons for refusal to participate in the competition. Persons admitted to the competition, no later than 15 days in advance, are sent a message about the date, place and time of the competition.
37. service contact
1. Service contract - an agreement between a representative of the employer and a citizen entering the civil service, or a civil servant on the passage of the civil service and the replacement of a civil service position. The service contract establishes the rights and obligations of the parties.
Article 24. Content and form of service contract
1. The service contract includes the rights and obligations of the parties,
2. The service contract shall indicate the surname, name, patronymic of the citizen or civil servant and the name of the state body (surname, name, patronymic of the representative of the employer).
3. The essential terms of a service contract are:
1) the name of the position to be occupied in the civil service, indicating the subdivision of the state body;
2) the date of commencement of performance of official duties;
3) the rights and obligations of a civil servant, job regulations;
4) types and conditions of medical insurance of a civil servant and other types of his insurance;
5) rights and obligations of the employer's representative;
6) conditions of professional performance, compensation and benefits,8. The service contract is concluded in writing in duplicate, each of which is signed by the parties. Approximate form service contract is established by the President of the Russian Federation.
Article 25
1. To fill a position in the civil service, a representative of the employer may conclude with a civil servant:
1) service contract for not certain period;
2) fixed-term service contract.
2. A fixed-term service contract for a period of one to five years is concluded, unless another period is established by this Federal Law.
38. personal data
Article 42. Personal data of a civil servant and maintenance of a personal file of a civil servant
1. When processing, storing and transferring personal data of a civil servant, the personnel service of a state body must comply with the following requirements:
2. A civil servant guilty of violating the rules governing the receipt, processing and transfer of personal data of another civil servant shall be liable in accordance with this Federal Law and other federal laws.
3. In the personal file of a civil servant, his personal data and other information related to entering the civil service, its passage and dismissal from the civil service and necessary to ensure the activities of the state body are entered.
4. The regulation on the personal data of a state civil servant of the Russian Federation and the conduct of his personal file is approved by the President of the Russian Federation.
39. attestation
1. Attestation of a civil servant is carried out in order to determine his compliance with the civil service position to be occupied.
2. When carrying out attestation, the immediate supervisor of a civil servant shall submit motivated review on the performance by civil servants of official duties for the attestation period.
3. Certification is not subject to civil servants, substituting positions of the civil service categories `leaders` and `assistants (advisers)`, if a fixed-term service contract is concluded with the said civil servants.
4. Attestation of a civil servant is carried out once every three years.
6. By agreement of the parties to the service contract, taking into account the results of the annual report on the professional performance of a civil servant, an extraordinary attestation of a civil servant may also be carried out.
7. When carrying out certification, the observance by civil servants of restrictions, the absence of violations of prohibitions, the fulfillment of the requirements for official conduct and obligations established by this Federal Law are taken into account.
16. Within one month after the certification, based on its results, a legal act of the state body is issued stating that a civil servant.
Qualification Examination of Municipal Employees ~ Events ~
measures taken against municipal employees for the first time ever
stupid for the municipal service, municipal employees, appointed ~
elected to municipal positions of a higher group of municipalities ~
positions, or carried out on the initiative of municipal services~
and aimed at determining the level of professional training ~
production, compliance with the qualification requirements for
occupied municipal position.
1. A qualification exam is held when a municipal employee is awarded a qualification category.
2. The qualification exam is held:
1) when deciding on the assignment to a municipal employee who does not have a qualification category, the first qualification category for the municipal position of the municipal service he replaces;
2) when deciding on the assignment to a municipal employee of the next qualification rank for a substituted municipal position of the municipal service after the expiration of the period established for the passage of municipal service in the previous qualification rank, equal to or higher than the qualification rank assigned to a municipal employee;
3) when deciding on the assignment of a qualification rank to a municipal employee after his appointment to a higher municipal position of the municipal service, if a higher qualification rank is provided for this position than that which the municipal employee has.
40. official regulations
Article 47
1. The professional performance of a civil servant is carried out in accordance with the official regulations approved by the representative of the employer and which is integral part administrative regulations of the state body.
2. The official regulations include:
1) qualification requirements for the level and nature of knowledge and skills for a civil servant who replaces the relevant civil service position, as well as for education, length of service in the civil service (public service of other types) or length of service (experience) in the specialty;
2) official duties, rights and responsibility of a civil servant for failure to perform (improper performance) of official duties in accordance with the administrative regulations of the state body, tasks and functions of the structural unit of the state body and functional features the position of the civil service occupied in it;
3) a list of issues on which a civil servant is entitled or obliged to independently make managerial and other decisions;
4) a list of issues on which a civil servant is entitled or obliged to participate in the preparation of draft regulatory legal acts and (or) draft management and other decisions;
5) the terms and procedures for the preparation, consideration of draft management and other decisions, the procedure for agreeing and adopting these decisions; citizens, as well as with organizations;
7) list public services rendered to citizens and organizations in accordance with the administrative regulations of the state body;
8) indicators of the efficiency and effectiveness of the professional performance of a civil servant.
41. score
The effectiveness of the public service is an assessment of managerial actions, decisions, behavior, which shows how these actions lead to the desired result. The evaluation of certain actions of the state civil service and their effectiveness depends, first of all, on the evaluation criteria.
An assessment that ensures the effectiveness of a civil servant's activities includes:
1) subject of assessment;
2) object of assessment;
3) scientifically developed criteria for assessing the activities of civil servants. These are specific requirements that must be met by the employee's activities, his personal qualities and the results of his work. In the literature, one can find different views on the criteria for evaluating the work of employees, but in practice, stable, clear criteria have not yet been developed.
Basically, the evaluation criteria are the requirements for employees who fill positions in the civil service. Effective public and municipal government impossible without proper staffing at all levels of government. Raise professional competence civil and municipal employees, providing conditions for their effective professional performance are one of the urgent tasks of the development of the civil and municipal service. The basis of the personnel of the civil and municipal service should be specialists capable of modern conditions use in work efficient technologies state and municipal administration.
civil and municipal services should be based on the professionalism and high qualifications of civil and municipal employees who, performing managerial functions, act as representatives of the authorities, act in the interests of the state and society.
The current Russian legislation vests significant powers in the field of personnel work, including those related to holding competitions for filling vacancies and inclusion in the personnel reserve, as well as qualification exams for assigning class ranks to civil servants, to state authorities and local self-government.
When carrying out these personnel procedures, competitive and attestation commissions should evaluate knowledge, skills and abilities ( professional level) current civil and municipal employees or applicants for vacant civil and municipal service positions .
Performance appraisal of a civil servant involves determining his compliance with the qualification requirements for the public position he is replacing, participation in solving the tasks assigned to the relevant state body (division), the complexity and effectiveness of the work performed by him. This should take into account the professional knowledge of the civil servant, his experience
42. salary
Article 50
1. Payment for the work of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional service activities in a civil service position to be replaced.
2. The monetary content of a civil servant consists of
-- the monthly salary of a civil servant in accordance with the position of the civil service he occupies (hereinafter referred to as the official salary) and
- the monthly salary of a civil servant in accordance with the class rank of the civil service assigned to him (hereinafter referred to as the salary for the class rank), which constitute the monthly salary of a civil servant (hereinafter referred to as the salary), as well as from monthly and other additional payments (hereinafter - additional payments).
3. The size of official salaries and salaries for the class rank of federal state civil servants are established by decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation. For certain positions in the civil service, a decree of the President of the Russian Federation may establish a monetary allowance in the form of a single monetary remuneration, which takes into account the official salary, salary for class rank and monthly allowances for official salary for length of service in the civil service, for special conditions of civil service, for work with information constituting a state secret, but bonuses and monthly monetary incentives are not taken into account.
4. The size of official salaries and salaries for the class rank of state civil servants of the subject of the Russian Federation are established in accordance with the regulatory legal act of the subject of the Russian Federation.
5. Additional payments include:
1) monthly bonus to the official salary for length of service in the civil service in the amount of:
with civil service experience as a percentage
1 to 5 years 10 5 to 10 years 15 10 to 15 years 20 over 15 years 30;
43. service discipline
Service discipline in the civil service - obligatory for civil servants to comply with the official regulations of the state body and official regulations established in accordance with this Federal Law, other federal laws, other regulatory legal acts, regulations of the state body and with the service contract.
Article 57. Disciplinary penalties
1. For the commission of a disciplinary offense, that is, for non-performance or improper performance by a civil servant through his fault of the duties assigned to him, the representative of the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) a warning about incomplete official compliance;
4) exemption from a substituted civil service position;
5) dismissal from the civil service
2. Only one disciplinary sanction may be applied for each disciplinary offense.
Article 58
1. Before applying a disciplinary sanction, the representative of the employer must request an explanation from the civil servant in writing. In case 2. Before applying a disciplinary sanction, an internal audit is carried out.7. A civil servant has the right to appeal a disciplinary sanction in writing to the commission of the state body on official disputes or to the court.
8. If within one year from the date of application of a disciplinary sanction, a civil servant is not subjected to a new disciplinary sanction, he is considered not to have a disciplinary sanction.7. A civil servant has the right to appeal a disciplinary sanction in writing to the commission of the state body on official disputes or to the court.
8. If within one year from the date of application of a disciplinary sanction, a civil servant is not subjected to a new disciplinary sanction, he is considered not to have a disciplinary sanction. The representative of the employer, who appointed an internal audit, is obliged to control the timeliness and correctness of its conduct.
4. Conducting an internal audit is entrusted to a subdivision of the state body for civil service and personnel issues with the participation of a legal (legal) subdivision and an elected trade union body this government agency.
5. A civil servant who is directly or indirectly interested in its results cannot participate in an internal audit.10. A written conclusion based on the results of an internal audit is signed by the head of the department of the state body for civil service and personnel and other participants in the internal audit and
44. municipal service
Municipal service ~ professional activity of citizens, which is carried out on an ongoing basis in positions of the municipal service, filled by way of conclusion employment contract(contract).
The main principles of municipal service are:
1) priority of human and civil rights and freedoms;
2) equal access of citizens who speak the state language of the Russian Federation to municipal 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, and also from other circumstances not related to the professional and business qualities of a municipal employee;
3) professionalism and competence of municipal employees;
4) stability of the municipal service;
5) availability of information about the activities of municipal employees;
6) interaction with public associations and citizens;
7) the unity of the basic requirements for municipal service, as well as taking into account historical and other local traditions in the course of municipal service;
8) legal and social protection of municipal employees;
9) responsibility of municipal employees for failure to perform or improper performance of their official duties;
10) non-partisanship of the municipal service. Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation"
45. interaction
The relationship between the municipal service and the state civil service of the Russian Federation (hereinafter referred to as the state civil service) is ensured through:
1) unity of core qualification requirements to positions of municipal service and positions of the state civil service;
2) the unity of restrictions and obligations during the passage of the municipal service and the state civil service;
3) unity of requirements for training, retraining and advanced training of municipal employees and civil servants;
4) accounting for the length of service of the municipal service when calculating the length of service of the state civil service and accounting for the length of service of the state civil service when calculating the length of service of the municipal service;
5) the correlation of the main conditions of remuneration and social guarantees of municipal employees and state civil servants;
6) the correlation of the basic conditions of state pension provision for citizens who have served in the municipal service, and citizens who have served in the state civil service, as well as members of their families in the event of loss of a breadwinner.
46. positions mun slby
A municipal position is a position provided for by the charter of a municipal formation in accordance with the law of a constituent entity of the Russian Federation, with established powers to resolve issues of local importance and responsibility for the exercise of these powers, as well as a position in local government bodies formed in accordance with the charter of a municipal formation, with established terms of reference on the execution and provision of the powers of this local self-government body and responsibility for the performance of these duties.
Federal Law "On general principles organizations of local self-government in the Russian Federation" established three groups of officials working in local self-government bodies:
1. elected officials of local self-government;
2. local government officials;
3. member of an elected body of local self-government - an elected official of a local self-government body formed in municipal elections.
They differ mainly in the manner in which positions are filled and the nature of the administrative powers. In this regard, all municipal positions are divided into two groups:
1. elective municipal positions filled as a result of municipal elections (deputies of the representative body of local self-government; members of another
elected body of local self-government; elected officials of local self-government), as well as those replaced on the basis of decisions of a representative or other elected body of local self-government in relation to persons elected to the composition of these bodies as a result of municipal elections;
2. other municipal positions filled by concluding a contract (employment contract); the laws of the constituent entities of the Russian Federation on municipal service call them municipal positions of the municipal service. The 2007 Federal Law “On Municipal Service in the Russian Federation” introduces the division of municipal service positions into groups (clause 1, article 8):
the highest positions of the municipal service;
the main positions of the municipal service;
leading positions in the municipal service;
senior positions in the municipal service;
junior civil service positions.
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3. Legal regulation of public service in the constituent entities of the Russian Federation
The essence and features of the civil service in the constituent entities of the Russian Federation
As already noted, the Constitution of the Russian Federation refers only the federal public service to the jurisdiction of the Russian Federation. In accordance with this provision, the Civil Service Law of July 31, 1995 determines that the civil service of the subjects of the Federation is subject to their jurisdiction.
Public service in the constituent entities of the Russian Federation is understood as the professional activity of persons holding positions in the apparatus of state bodies of the constituent entities of the Russian Federation to ensure the execution of their powers. Like the federal one, this service is carried out in the bodies of representative, executive and judicial power, as well as in other bodies endowed with the relevant powers by the subject of the Federation.
The features of this type of public service are that it:
It takes place mainly within the boundaries of these subjects and solves tasks subordinate to them;
It is carried out in one or two chambers of the legislative body, depending on its structure (for example, in Bashkiria, Karelia, the Republic of Sakha (Yakutia), a bicameral structure and civil service takes place in the apparatuses of both chambers);
Legislation consists of normative acts of the Russian Federation and its subjects.
At the beginning of 1999, the vast majority of subjects of the Federation adopted their own laws on the civil service. However, since the federal legislative base has not been created to this day, the creation and operation of these laws revealed contradictions, inconsistencies, and at least two opposing approaches appeared.
Two approaches
Proponents of the first approach begin their argument with references to the Constitution of the Russian Federation. They believe that since the issue of regulating the civil service of the constituent entities of the Russian Federation is not assigned either to the exclusive jurisdiction of the Russian Federation or to joint jurisdiction (Article 72), then such regulation should be attributed exclusively to the jurisdiction of the constituent entities of the Russian Federation. From this it follows logically that only the federal public service is within the jurisdiction of Russia, which is enshrined in the Constitution (Article 71, paragraph "t"). In addition, this conclusion is supported by a reference to Art. 2 of the Law on Civil Service of 1995, where the civil service of the constituent entities of the Russian Federation is assigned to their jurisdiction. This approach was not only discussed, but embodied in a number of laws on the civil service of the constituent entities of the Russian Federation - in Bashkiria, the Irkutsk region, Tatarstan, the Republic of Sakha (Yakutia), etc.
But the legislation on civil service is part of the administrative one. Proponents of the first approach forget or ignore this fact. And the administrative legislation, according to Art. 72, paragraph "k" of the Constitution of the Russian Federation, refers to the joint jurisdiction of Russia and its subjects. And it includes not only federal laws and by-laws, but also the normative acts of the constituent entities of the Federation adopted in accordance with them (Article 76, Part 2). Yes, and from Art. 2 of the Law on Civil Service, it follows only that the jurisdiction of the subjects of the Federation includes the civil service itself in them, i.e. its organization. But neither in this nor in other articles there is a word about legal competence. It is clear that the organization of the civil service and the legislation on it are completely different things. And this is especially clearly demonstrated by the Constitution of the Russian Federation: in Art. 77 says that organization authorities of the constituent entities of the Russian Federation belongs to their jurisdiction, and in Art. 72, p. "n" - what regulation of the foundations of the organization state power in the constituent entities of the Russian Federation refers to the joint jurisdiction of the Russian Federation and its constituent entities.
Thus, from the Constitution of the Russian Federation (Article 72, paragraph "k" and Article 76 part 2) it clearly follows: the civil service in the constituent entity of the Russian Federation is regulated by both federal laws and the laws of the constituent entity of the Federation, which are in force in the part that does not contradict federal acts . In other words, it refers to joint jurisdiction of the Russian Federation and its subjects.
The second approach is based on this position. It is enshrined in a number of laws of the subjects of the Federation. Among them are the laws on the civil service of the Republic of Buryatia, the Republic of Mari El, Sverdlovsk, Voronezh regions, etc.
What do the subjects of the Russian Federation regulate themselves?
It is precisely in matters of delimiting the spheres of legal regulation that federal legislation looks quite complete and contains an almost exhaustive list of subjects of regulation related exclusively to the jurisdiction of the subjects of the Federation. And the problem of these subjects is not at all to take on functions that are unusual for them, but to fully realize the functions provided to them. At least for today this implementation leaves much to be desired. But the issues listed below, awaiting their regulation, are important primarily for the subjects of the Russian Federation themselves:
Public service funding. In most of the laws there are no articles on this issue at all;
Qualification requirements for positions;
The procedure for conducting personal files, the register of civil servants;
their encouragement;
Guarantees for them;
Material and social support of civil servants;
Public service management, etc.
The most typical deviations from the permissive regime of regulation of the civil service in the acts of the subjects of the Federation are:
Fixing their own classifications and names of public positions, which is contrary to Art. 1 and 6 of the Federal Law of July 31, 1995;
Inclusion in the number of civil servants of persons who are not such in accordance with the Federal Law (heads of subjects of the Federation, employees of local governments, etc.);
Expansion of the list of species disciplinary actions which is contrary to Art. 14 of the Federal Law;
Expansion of the list of legal restrictions, which is contrary to Art. 11 of the Federal Law;
Consolidation of the powers to regulate issues by their own legislative acts, the regulation of which is carried out only by federal laws. For example, the regulation of certain types of public service is often attributed by the subjects to their jurisdiction, which contradicts paragraph 2 of Art. 4 of the Federal Law;
The requirement of an oath of allegiance to the subject of the Federation when entering the public service, which is contrary to Art. 6 and 15 of the Constitution of the Russian Federation;
Fixing the need for citizenship of a subject of the Federation as a condition for entering the public service, which contradicts Part 4 of Art. 32 of the Constitution of the Russian Federation, etc.
Since there are quite a lot of such questions, it is necessary to conduct an authoritative legal examination of the current laws of the subjects of the Federation on public service issues for their compliance with the Constitution of the Russian Federation and federal legislation, as well as the modern needs of state building.
Legal regulation public service in the constituent entities of the Russian Federation should be carried out on the basis of the constitutional delimitation of the subjects of jurisdiction and powers between the Russian Federation and its constituent entities and the provisions of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation". Consequently, the legislative acts of the constituent entities of the Russian Federation on public service must be brought into line with federal legislation, as provided for in Art. 29 of the Federal Law of July 31, 1995. It is only necessary not to go to the other extreme and understand that harmonization does not mean total unification and stencilled copying of the norms of the Federal Law. The legal acts of the subjects of the Federation are designed to highlight the features and originality of their experience, local traditions and law enforcement practice. But ignoring federal legislation is extremely wrong and illegal. On the contrary, it should become a stable basis for the law-making activities of the subjects of the Federation. And it will be when it reaches stability itself.
4. Legal regulation of special types of public service
Special types of public service
The type of public service is understood as its specialization in content, which, in turn, derives from the purposes and functions of the relevant public authorities. This refers to state bodies that ensure public order, human rights and freedoms, observance certain rules behavior and activities, etc. Accordingly, the special types of public service include:
Military;
Diplomatic;
tax;
Human rights (in the office of the Commissioner for Human Rights);
Service in control and supervisory state bodies (Accounts Chamber, State Committee on antimonopoly policy of the Russian Federation and other federal services of supervision and control);
Service in financial and credit state bodies (Federal Treasury, Central Bank of the Russian Federation, etc.);
Service in the apparatus of election commissions (CEC of the Russian Federation, election commissions of constituent entities of the Russian Federation), etc.
public service in law enforcement passes:
In the apparatus of the courts (the Constitutional Court of the Russian Federation, courts of general jurisdiction, including military ones, arbitration courts);
In the bodies of the prosecutor's office (the Prosecutor General's Office of the Russian Federation and the prosecutor's offices that are part of the prosecutor's office under the Constitution of the Russian Federation (Article 129) and the Law on the Prosecutor's Office of the Russian Federation (Article 11);
In the internal affairs bodies (police) (MVD);
In the tax police (FSNP);
AT customs authorities(GTK);
In the organs federal service security (FSB);
In the bodies of the foreign intelligence service (SVR);
In the bodies of justice (Ministry of Justice of the Russian Federation, bodies and divisions included in its system);
Notaries (state notary offices).
The Federal Law of July 31, 1995 does not say that it establishes the foundations of all types of public service, both established and those whose formation is possible, including no mention about military service.
The military civil service is distinguished from the civil one by a number of features that are also inherent in some types of law enforcement service. What exactly? This is:
Risky working conditions;
Professional specificity;
Special official duties (protecting the life and health of people, ensuring the safety of citizens and the established procedure for management, the rights and public interests of citizens, protecting public order and law enforcement, etc.);
Availability of special disciplinary charters, regulations on discipline, taking into account the peculiarities of job functions and conditions of service of employees;
Conditions and procedure for entering the service, its passage, assignment of special ranks, probationary period, attestation, termination of service;
The status of military personnel with an established range of rights and obligations;
The procedure for bringing to legal responsibility (primarily administrative and material);
Special security (cash allowance, social benefits, uniforms, insignia, etc.).
Military service is varied. It is united by the features listed above, but is divided by different goals and areas of application. The types of state military service are shown in the attached scheme (see p. 136).
federal laws
In times of social crisis, the growth of conflicts in society, the role of these types of public service is recognized by everyone, even their antagonists. The problems of regulating and controlling everything that is dangerous to human life and health, the normal functioning of the state, etc. are too acute for people. Largely for this reason, Art. 4, Clause 2 of the Federal Law on the Civil Service establishes the provision that the features of the civil service in individual state bodies are established by federal laws on the basis of this Federal Law.
Here we are dealing with a specific situation. The law on the civil service of July 31, 1995 in relation to its special types is of a framework nature due to this norm, but at the same time it is specific in the norms on the organization and passage of the general civil service. On the other hand, no other regulatory legal acts, except for federal laws, can regulate the above features of special types of civil service. Therefore, a situation arises when, in relation to federal laws regulating these features, rule special law . The provisions of such a law take precedence over the provisions of the Civil Service Law of July 31, 1995.
To date, such laws have been adopted and operate only in relation to the civil service in the paramilitary and law enforcement agencies, as well as in services whose employees, due to the specifics of their activities, are in contact with the work of organizations and directly with the population, in other words, they are engaged in supervision and control. Here are some of these laws:
Law of the Russian Federation "On military duty and military service" of February 11, 1993, with subsequent amendments;
Other.
The framework nature of the Civil Service Law does not mean that any exceptions have been made from it. Laws on special types of civil service have their own task - to take into account the features, specifics of such types of service and the powers of their employees. Therefore, in laws regulating certain features of the civil service, it is necessary to take into account the requirements of both the Federal Law on Civil Service and laws on legal status the institutions where the service is being carried out.
For example, the draft law of the Russian Federation "On Service in the Federal Tax Police Bodies" has a very solid legal basis. These are the Law on Civil Service of July 31, 1995, and the Law of the Russian Federation "On Federal Tax Police Bodies", and the Regulations on Service in the Tax Police Bodies of the Russian Federation, and many other acts of the Federation regulating service in law enforcement agencies. But this is the base. The very content of the project reflects the specifics of the work of the tax police, its main task is to ensure the economic security of the country, its powers granted to solve this problem.
Other regulatory legal acts on special types of civil service
Other normative legal acts so often mentioned in this chapter, in addition to the task of concretization, can also solve another problem - filling in the missing legislation. There is no crime in this - they are objectively more efficient than laws and better take into account the situation. Another thing is bad: when the normative continuity (from such an act to the law) is violated, or even ignored. In the case of special types of civil service, we are dealing with a clear delay in such continuity.Indeed, let's see how some of these species are regulated:
Features of service in the border troops are established by the Decree of the President of the Russian Federation "On the Federal Border Service" of December 30, 1994;
Features of military service - Decree of the President of the Russian Federation "Issues of military service" dated January 4, 1999 No.
Features of the civil service are regulated by sectoral charters and regulations on discipline, on specific bodies and their divisions, job descriptions etc. But their impact is usually: a) situational, b) limited to a specific area of regulation.
Where are the laws?
Problems and prospects
The paradox lies precisely in the fact that although in reality a special public service exists in many state bodies (tax police, tax service, security service, etc.), laws on its features have not yet been adopted, and at the same time, the Federal Law No. July 31, 1995 does not apply to these systems. The special ranks of civil servants of special types of public service have not yet been brought into line with the Federal Law of July 31, 1995 No. new system classification of civil servants and their qualification categories. This, in turn, complicates the systematization of official rates, the payment of salaries and various kinds of allowances, etc.
In a word, the absence of federal laws on special types of civil service has an extremely negative effect on the organization of the civil service and its passage in special state bodies. The challenge is to expedite the adoption of civil service laws in all special state bodies. The model of such a law can be represented by a set of the following provisions:
Features of public service;
Positions, their register, qualification requirements for positions;
Qualification categories (titles, ranks);
The legal status of an employee of a special body;
Terms and conditions of service;
Determining the levels of civil service in special bodies;
Determination of the governing body of the civil service;
Competence of personnel services;
The procedure for the formation of a personnel reserve, etc.
The basic law on civil service cannot reflect its features in individual state bodies, therefore, one cannot focus here only on its preparation. Moreover, even in the presence of a basic law, the features of a special civil service are established by federal laws. Therefore, their adoption must be accelerated on the basis of the Federal Law of July 31, 1995 and in accordance with it.
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MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
STATE EDUCATIONAL INSTITUTION
HIGHER PROFESSIONAL EDUCATION
public service
in the subjects of the Russian Federation
Graduate work
Tambov, 2011
Introduction
1. Characteristics of the public service system at the present stage.
1.1 Public service as social institution
1.2 System and types of civil service
1.3 Civil service reform
1.4 Public office: concept and types
2. Modern model federalism and public service
2.1 Nature of interaction between the Federation and subjects of the Federation
2.2 The essence and features of the state civil service in the constituent entities of the Russian Federation
2.3 Classification and structure of the state civil service in the constituent entities of the Russian Federation
2.4 Problems of the state civil service in the subjects of the Federation
Conclusion
List of sources used
public service federation civil
Introduction
The relevance of the topic of the thesis research due to a number of reasons. First, the growing role and importance of the public service in the constituent entities of the Russian Federation as an element of the mechanism of state power that ensures state policy and the implementation of legislation. The performance of the integral functions of the public service makes its activities universal and specific. Its versatility is reflected in the diversity social functions performed by the public service in the constituent entities of the Russian Federation. Such multifunctionality needs a clear regulatory regulation, which is an indispensable condition for the effective operation of the civil service in the regions. Secondly, the need to determine the place and role of the public service in the constituent entities of the Russian Federation in the system of state power in the context of the constitution of subjects by the public service as special kind public service.
The analysis of the political, legal and administrative practice of the formation of the civil service in the subjects of the Federation shows, on the one hand, the trend of democratization and federalization, and, on the other hand, unitary centralized development. There are political and legal prerequisites for the implementation of both options. If the political and legal system follows the first path, it will be able in the future to unite a significant part of its historically formed space. If it follows the second path, then its historical prospects are uncertain and vague.
Obviously, the path of federalism is more promising for Russia. But in order for development to go in this direction, thoughtful actions are needed not only in political sphere but also in the public service. The latter should now be considered as one of the priorities of state policy.
Ways to optimize the public service in the subjects of the Federation, apparently, should unfold in two main directions. One is to decide common problems improvement of the civil service of all subjects of the Federation, as well as its interaction with the federal civil service. Another is to pay more attention to the specific issues of the formation of the civil service of individual subjects of the Federation and its interaction with the municipal service.
Object of study is the activity of a special social institution - the civil service as a kind of socially useful activity related to the implementation of powers, functions and tasks assigned by the state to the institution in question.
Subject of study constitutes a set of public relations that develop in the process of organizing and carrying out activities by the public service of the constituent entities of the Russian Federation. They are complex and complex in nature, since they implement a system of various functions.
The purpose of this study consists in identifying the specifics and place of civil service in the constituent entities of the Russian Federation in the public administration system, the current state of legislation on civil service in the regions based on an analysis of the current Russian legislation and critical reflection on the subject of research in the scientific literature. The goal is achieved by solving the following tasks:
To carry out an analysis of the public service as a social institution;
Determine the system and types of public service;
Analyze civil service reform
Describe the concept and give a classification of public positions;
Consider the nature of interaction between the Federation and the subjects of the Federation;
Reveal the essence and features of the state civil service in the constituent entities of the Russian Federation;
Classify and identify the structure of the regional civil service;
Conduct an analysis of the problems of the state civil service in the subjects of the Federation.
Methodological basisresearch constitute both general scientific methods, such as system analysis, unity, historical and logical, sociological, ascent from the abstract to the concrete, and private scientific legal methods of research, such as, for example, the comparative legal, technical and legal method, the method of legal modeling, etc.
The normative base of the dissertation research is represented by international acts, the Constitution of the Russian Federation, federal laws, regulatory legal acts of the President and the Government of the Russian Federation.
Work structure. The work consists of an introduction, two chapters divided into paragraphs, a list of sources used and a conclusion.
1. Characteristics of the public service system at the present stage
1.1 Public service as a social institution
Specific formations that ensure the relative stability of social ties and relations within the framework of the social organization of society and the state, in particular, are social institutions. They arise and function only on the basis of some social necessity. A social institution is usually characterized both from the external (material) side and from the internal (ideological) side. For the civil service, the social institution is one of the most important objects of analysis.
The doctrine of social institutions, among other things, is repelled by Marxist theory about the social structure. There are many social institutions in society. For example, they single out the institution of private property, family, state, etc. Khropanyuk V.N. Theory of state and law / V.N. Khropanyuk. - M.: Omega-L, 2008. - S. 71 .. A significant role in the system of public administration is occupied by the social institution of the civil service.
For the normal functioning of society, it is necessary to consolidate a number of human relations, to make them binding on everyone. This also applies to public law relations that ensure social order, the balance of interests of various social groups, the stability of the state and society. The practice of consolidating relationships that satisfy people's urgent needs is formalized into a status-role system. This kind of system is created in society in the form of institutions.
The term “institution” is used by sociologists in several meanings:
1) he is assigned to a certain group of persons performing social functions;
2) it means an organization that satisfies social needs;
3) they are called some social roles that are especially important for people's lives.
When we say that the public service is an institution, we mean by this a group of officials working in public authorities; administrative organizations and institutions that they have, etc.
However, between the concepts of "institute", "group", "organization" and "role", significant developments are rightly noted. If a group is a collection of interacting people, united by common interests; an organization is an association of individuals focused on achieving a specific goal; role is a model of behavior that meets the expectations of people around, then an institution is organizational system relations, which is a value-normative complex, through which people's actions are directed and controlled to meet the basic needs of society. Shcherbakov Yu.N. State and municipal service / Yu.N. Shcherbakov. - Rostov-n / d .: Phoenix, 2007. - S. 89.
Applying this definition to the institution of public service, we note that values are understood as goals shared by people (law, democracy), norms are standardized patterns of behavior (based on the Constitution and other laws), and a communication system is an interweaving of social roles and statuses, in within which this behavior is carried out. Based on the diversity and specificity of activities, the civil service is divided into three types:
1) military, performing the function of ensuring the defense and security of the state;
2) law enforcement, performing the function of ensuring security, law and order, combating crime, protecting the rights and freedoms of man and citizen;
3) civil, ensuring the execution of the powers of state bodies, that is, administration. Spektor A.A. Scientific and practical commentary to the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" / A.A. Spector, E.V. Tumanov - M.: YurKompani, 2009. - P. 17.
So, administration as a kind of professional activity is regulated by the social and legal institution of the public service. Its social origin is predetermined by the interests of society, the rights and freedoms of a citizen. Its legal basis consists of legal norms that exclude the arbitrariness of officials. The institution of public service functions in the public law sphere, it organizes, streamlines, formalizes, and standardizes two groups of relations: service relations between the state and an official, and public relations between an official and a citizen. Atamanchuk G.V. Theory of public administration / G.V. Atamanchuk. - M.: Omega-L, 2008. - S. 22.
The basis of service relations is the installation of subordination. Instructions and requirements of state authorities have the meaning of the law for an official. The model of his behavior is subordination.
The basis of public relations is the installation of law-abiding. Normally, these relations are built on the basis of the equality of all before the law. They express submission not to an official, but to the law. It is the law that acts as a guarantor for the population from arbitrariness on the part of officials.
The pattern of citizen behavior is loyalty. Public relations are characterized by the state of interaction between an employee who obeys the law and a citizen who obeys a sense of duty to the law. The institution of public service is characterized not only by formal, but also by informal relations, that is, connections between officials within the apparatus. Unlike subordinate, service relations, these are coordinating, interpersonal relations that ensure closer cooperation between managing subjects. Chernobel T.G. Institutional determinant of the public administration system / T.G. Chernobel // Journal Russian law. 2008. No. 4. S. 74.
The reproduction of public law relations is facilitated by social norms. First, these are the norms that determine the status of the civil service. In any society, the right of state authorities and relevant officials to make administrative decisions is established. Such norms are written in the Constitution and other legislative acts.
Secondly, these are the norms of the region where the public service operates, that is, national traditions and customs. Thirdly, these are norms developed in the administrative environment.
In the system of public law relations, substantive and procedural norms are distinguished. Materials include:
Principles of public service;
The status of a civil servant;
His rights, obligations, legal restrictions, benefits, guarantees and compensations; questions of combination;
Certification; disciplinary responsibility, etc.
These norms regulate the organizational and structural section of the public service institution, are aimed at stabilizing and ensuring its integrity. Procedural norms implement the provisions of substantive norms: the procedure for entering the service and its passage; certification procedure; disciplinary proceedings; dismissal procedure, etc. They regulate the functioning of this institution. Volkova V.V. Public service / V.V. Volkova, A.A. Sapphirov. - M.: Uni-Data, 2009. - S. 16.
The norms represent a certain standard, a pattern of behavior of officials, typical for a given time and a given administrative environment, a guideline in the choice of socially approved behavior, means of control over the actions of officials. They have a common goal - to ensure the organization of official and public relations. Atamanchuk G.V. Theory of public administration / G.V. Atamanchuk. - M.: Omega-L, 2008. - S. 105
The process of streamlining public law relations, defining and fixing the relevant norms, statuses and roles, bringing them into a system that can meet the needs of society in strengthening order and stability, is called institutionalization. It should be noted that the civil service in our country is in its infancy. Such features of this institution as cultural symbols, a code of conduct, ideology, etc., have not yet fully manifested themselves. Roy O. Management work regime in the context of the qualification assessment of civil servants / O. Roy // Public Service. - 2008. - No. 1. - S. 16.
The process of institutionalization of the civil service is quite complex. long time Until the end of the 20th century, the civil service was a traditional legal institution serving the state. However, as self-organization civil society, the social and legal orientation of the state is growing. Starilov Yu.N. On the issue of the public law nature of the institution of public service / Yu.N. Starilov // Jurisprudence. 1997. - № 1. - S. 23. Occupying a position subordinate to the law, it becomes at the service of citizens. The role of the civil service is also changing - the provision of public services to the population, necessary for the social integration of society. Thus, a purely legal institution of public service is transformed into a social one.
Civil society, shaping public opinion establishes control over the civil service. The main concern of officials is to serve the public, and the power they possess is only a means to achieve this result.
The modern institution of public service is undergoing a profound transformation. It regulates the autonomous activities of officials who act as intermediaries between the state and society. In accordance with the law, every official, realizing his responsibility to the state, society and citizens, is called upon to comply with generally accepted norms of ethics, which specify the values of independence (serve all, not certain segments of the population), disinterestedness (avoid corrupt dangerous situations), neutrality (in relation to political parties), professional honor (to support business reputation), tolerance (respect the customs and traditions of peoples), restraint (in the assessments of state bodies and their leaders).
Assimilation of these values by officials is carried out in the process of professional specialization. Over time, the employee becomes so accustomed to the prescribed standards that their observance becomes a common practice for him.
At the same time, the institute of public service exercises control over the behavior of officials, applying various sanctions to violators, up to and including criminal prosecution.
1.2 System and types of public service
Service -- view social activities of people. Depending on the forms of ownership on which the bodies, associations, institutions and organizations are based, where people carry out official activities, as well as the nature of the functions performed by employees, the service can be state, municipal and in non-state associations.
In the literature there is an interpretation of 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. See for example: Bakhrakh D.N. State Service of Russia / D.N. Bahrakh. - M.: Prospekt, 2009. - S. 6; Starilov Yu.N. On the issue of the public law nature of the institution of public service / Yu.N. Starilov // Jurisprudence. 1997. No. 1. S. 18; Kiselev S.G. State civil service / S.G. Kisilev - M.: Prospekt, 2010 - S. 10.
In a narrow sense, the civil service of the Russian Federation refers to the professional service activities of citizens of the Russian Federation to ensure the execution of the powers of: the Russian Federation; federal government bodies, other federal government bodies; subjects of the Federation; public authorities of the subjects of the Federation, other state bodies of the subjects of the Federation; persons filling positions established by the Constitution of the Russian Federation, federal laws for the direct execution of the powers of federal state bodies; persons filling positions established by the constitutions, charters, laws of the constituent entities of the Federation for the direct execution of the powers of state bodies of the constituent entities of the Federation. See for example: Bakhrakh D.N. State Service of Russia / D.N. Bahrakh. - M.: Prospekt, 2009. - S. 6; Kiselev S.G. State civil service / S.G. Kisilev - M.: Prospekt, 2010 - S. 13. Such a definition of public service is in the legislation. Federal Law of May 27, 2003 No. 58-FZ “On the System of the Public Service of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2003 - No. 22. - Art. 2063.
Through the public service, the tasks and functions of state bodies are implemented. This type of social activity is of a state-imperious nature and is carried out by citizens who are called civil servants, that is, persons who hold a particular position in a government body and have power over citizens and officials of organizations and enterprises that are not subordinate to them in their service , institutions.
A civil servant is a person who holds a position for remuneration and carries out various official functions: managerial (head of the body), law enforcement, socio-cultural, serving, etc. Belyaev A. The procedure for passing the public service / A. Belyaev // Institutions of culture and art: accounting and taxation. - 2009. - No. 10. - S. 12.
Public service should be carried out by professionals. Professionalism is due to the need for competent and consistent implementation of the activities of state bodies and other structures.
The institution of public service lies in the plane of the norms of the norms of constitutional, administrative, civil, financial, municipal and other branches of law. This determines the intersectoral nature of the civil service. Special legislation regulating the civil service includes Federal Law No. 58-FZ of May 27, 2003 “On the System of Public Service” Federal Law of May 27, 2003 No. 58-FZ “On the System of the Public Service of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2003 - No. 22. - Art. 2063. , Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2004 - No. 31. - Art. 3215., other federal laws and other normative legal acts (decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, constitutions, charters, laws and other normative acts of subjects regulating public service issues).
Features of the civil service in individual state bodies are established by laws on the basis of the framework Federal Law "On the System of the Civil Service of the Russian Federation". In the legal literature, it was noted that the principles of federalism, separation of powers, as well as the specifics of spheres and branches of state activity can be used as the basis for dividing the civil service into types.
In accordance with the principle of federalism and taking into account the administrative-territorial structure, the civil service is divided into federal, which is under the jurisdiction of the Russian Federation, and the service of the subjects of the Federation, which is under their jurisdiction. Citizens V.D. State civil service / V.D. Citizens. - M.: Knorus, 2007. - S. 199.
According to the Federal Law of May 27, 2003 No. 58-FZ “On the System of Public Service”, the public service includes three types:
state civil;
law enforcement.
In turn, the state civil service is subdivided into the federal state civil service and the state civil service of the subject of the Federation.
The state civil service of the Russian Federation is subdivided into the federal state civil service and the state civil service of the subjects of the Federation.
The federal service is carried out in accordance with the Constitution of the Russian Federation (Article 71, paragraph "t"), legislative and other regulatory acts of the Russian Federation in public positions in the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, in the apparatus of the chambers of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, The Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, in federal state bodies subordinate to the President of the Russian Federation and the Government of the Russian Federation, as well as in other positions in accordance with the legislation of Russia. Kutafin O.E. Russian constitutionalism / O.E. Kutafin. - M.: Norma, 2008 - S. 28.
Public service in the subjects of the Federation is carried out in accordance with the Constitution of the Russian Federation, federal laws, laws and other regulatory acts of the subjects of the Federation. For example, Art. 72, paragraph "l" of the Constitution of the Russian Federation establishes the provision that the personnel of the judicial and law enforcement agencies, the bar and notaries are in the joint jurisdiction of the Russian Federation and its subjects.
Military service is 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 is 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 human rights and freedoms and citizen.
Thus, the legal regulation of the civil service in the subjects of the Federation belongs to the joint competence of the Russian Federation and its subjects, and its organization of service is under the jurisdiction of the subject of the Russian Federation.
1.3 Civil service reform
The administrative vertical of power associated with the reform of the civil service is carried out to improve the efficiency of public administration, the formation and development of the civil service system, its individual types, quality training and rational use personnel of state bodies. The civil service of the Russian Federation is the most important tool for building the administrative vertical, the most important tool for the transformations carried out in society and the state related to the development of the social sphere, national security, the formation of civil society institutions and the legal culture of Russian citizens. Its renewal is considered as a priority in the field of modern state building.
The implementation of transformations in the sphere of public service is planned to be carried out in several stages. The first stage, which can be called preparatory, began at the end of 1993 and ended in mid-2003. December 1993 Decree of the President of the Russian Federation of December 22, 1993 "On the Federal Public Service of the Russian Federation" (repealed) // SPS "Consultant-Plus". , Federal Law "On the Basics of the Public Service of the Russian Federation" of July 31, 1995 Federal Law of July 31, 1995 No. 119-FZ "On the Fundamentals of the Civil Service of the Russian Federation" (repealed) // SPS "Consultant-Plus", Decree of the President of the Russian Federation "On the Concept of Reforming the Public Service System of the Russian Federation" of August 15, 2001 Decree of the President of the Russian Federation of August 15, 2002 No. 885 "On the concept of reforming the system of public service of the Russian Federation" // SPS "Consultant-Plus". , Decree of the President of the Russian Federation "On approval of the general principles of services on the behavior of civil servants” of August 12, 2002. Decree of the President of the Russian Federation of August 12, 2002 No. 885 “On approval of the general principles of official behavior of civil servants” // Collection of Legislation of the Russian Federation. 2002 No. 33. Art. 3196. , Federal Law "On the system of public service of the Russian Federation" dated May 27, 2003 Federal law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" // Collection of legislation of the Russian Federation. - 2003 - No. 22. - Art. 2063. All these laws and decrees were of a framework nature, outlined only possible ways implementation of certain institutional structures. This stage was characterized by the formation scientific approach to the implementation of the modernization of the institution of the civil service of the country as a whole and ended with the development and approval of the federal program "Reforming the civil service of the Russian Federation (2003-2005)". Decree of the President of the Russian Federation of December 12, 2005 No. 1437 “On the extension of the implementation of the federal program “Reforming the Public Service of the Russian Federation (2003-2005)” for 2006-2007” // Collection of Legislation of the Russian Federation. - 2005 - No. 51. - Art. 5514.
The second stage began with the adoption of the Federal Law "On the State Civil Service of the Russian Federation", which entered into force on February 1, 2005. It formulated and normatively fixed the activity of only one of the types of public service - the civil service. For the actual implementation of this law during 2004-2006. more than 20 decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation were adopted, in which the mechanisms for the functioning of this type of public service were tested, normatively formalized and improved, its structure was stabilized, and the composition of civil servants was optimized. In order to continue this activity, at the end of 2005, another federal program was prepared and adopted, formulated in the order of the Government of the Russian Federation "The concept of administrative reform in the Russian Federation in 2006-2008" dated October 25, 2005 No. 1789-r Order of the Government of the Russian Federation dated October 25, 2005 No. 1789-r “On approval of the concept of administrative reform in the Russian Federation in 2006-2008” // Collection of Legislation of the Russian Federation. - 2005 - No. 46. - Art. 4720. . To support it, the President of the Russian Federation adopted Decree “On the extension of the implementation of the federal program “Reforming the Civil Service of the Russian Federation (2003-2005)” for 2006-2007” of December 12, 2005 No. 1437 Decree of the President of the Russian Federation of December 12, 2005 No. 1437 “On the extension of the implementation of the federal program “Reforming the public service of the Russian Federation (2003-2005)” for 2006-2007” // Collected Legislation of the Russian Federation. - 2005 - No. 51. - Art. 5514. .
The goals of reforming the civil service are defined
1) a radical increase in its effectiveness in the interests of the development of civil society and the strengthening of the state,
2) creation complete system public service, taking into account the historical, cultural, national and other characteristics of the Russian Federation.
As a priority direction in the field of new state building, the reform of the civil service involves the solution of the following main tasks:
Bringing the system of civil service and technologies of professional activity of civil servants in line with the existing social relations and new economic conditions;
Definition of types of public service and their legislative regulation;
Creation of a comprehensive regulatory legal basis regulation of the public service on the basis of the federal law on the system of public service, federal laws of direct action and other regulatory legal acts of the Russian Federation.
The Administration of the President of the Russian Federation was appointed as the coordinator for the implementation of measures provided for by federal laws and by-laws. It is also entrusted with the control of the implementation of the measures of these two federal programs. The functions directly related to the reform of the civil service are carried out by the Directorate of the President of the Russian Federation for Civil Service, formed in the structure of the Administration. One of its tasks is to assist the President of the Russian Federation in determining the main directions for reforming and developing the public service, in ensuring coordinated interaction between state authorities on these issues.
The experience of reforming the civil service is studied with interest by the administrations of the constituent entities of the Russian Federation, since it makes it possible to more realistically present the state of the regional civil service, determine specific directions for its further modernization, and also implement a phased resource support for this process. Obviously, an important direction in the implementation of the general idea of the civil service reform is the preparation of regulatory legal acts of the constituent entities of the Russian Federation, following from the adopted federal laws, other regulatory legal acts of the Russian Federation.
Particular attention is paid to the content of civil service reform programs in the constituent entities of the Russian Federation. According to paragraph 7 of Decree of the President of the Russian Federation of November 19, 2002 No. 1336, their state authorities are recommended to take part in the implementation of relevant measures within their budgetary funds, as well as to develop and approve programs for reforming their civil services. This work in the majority of subjects of the Federation is being carried out quite planned, consistently and moderately effectively. Shkel T. local officials in general order/ T. Shkel // http://www.rg.ru/2006/11/06/chinovniki.html.
The implementation of the activities of regional civil service reform programs has intensified the activities of regional and local administrations to create specifications for the effective functioning of the civil service, for the inventory of the material and technical base, which has practically not been carried out over the past decade. This analysis demanded better use of material and technical resources, optimization of the conditions for the performance of civil servants of their duties.
At the same time, the reform of the civil service that has already been carried out has shown quite a lot of inconsistencies in the mechanism of its functioning, a number of tasks have not been solved, despite the fact that many important steps have been taken to implement them. The new construction of the structure of federal executive bodies did not ensure proper development and effective work these organs. Petrov I. Serve people / I. Petrov // http://www.rg.ru/2009/03/11/medvedev.html.
Reforming the civil service is one of the key elements in improving the public administration system of the Russian Federation. The tasks of the Russian state, primarily in social sphere and the economy, imply the highest quality level of development of the public service. Reflecting the public nature of the activity, it is closely related to the processes of formation and implementation of control actions and is not only one of the most important social factors in the functioning of the executive branch, but also forms the organizational basis of state power. State power does not really exist outside the positions of the civil service. Being the most important organizational and legal element in the mechanism of executive power, the civil service must fully fulfill its inherent tasks.
The idea of the civil service reform was the need to solve a number of fundamental problems for this institution, which boil down to eliminating contradictions and gaps in the legislation of the Russian Federation on civil service, establishing the conformity of the social and legal status of a civil servant with the degree of responsibility assigned to him, using new modern technologies public administration on the scale of implemented government programs and projects, changing the gender and age structure of the country's employed population, raising the authority of the civil service, etc.
1.4 Public office: concept and types
The federal laws “On the System of the Civil Service of the Russian Federation” and “On the State Civil Service of the Russian Federation” establish that a civil servant is a citizen of the Russian Federation who performs duties in a civil service position for a monetary reward. Thus, the status of a civil servant is determined by at least two conditions: filling a public position, which is established by the state or a state body, and obtaining a qualification rank (special rank, class rank, title).
From an organizational point of view, a position is a specific structural unit located in the public service system. In this sense, the position is independent of the civil servant himself, that is, from the specific person who occupies it. The position also defines the range of tasks that are transferred to one civil servant or a group of employees holding the same type of positions in government bodies.
It is necessary to distinguish between such concepts as “establishment of a public position” and “substitution of a public position”. The establishment of a public position is the procedure for establishing a public position by an authorized entity (state body, official) in the structure of the state body itself Bahrakh D.N. State Service of Russia / D.N. Bahrakh. - M.: Prospekt, 2009. - S. 107. . The positions of the federal state civil service are established by a federal law or a decree of the President of the Russian Federation; positions of the civil service of the constituent entities of the Russian Federation are established by laws or other regulatory legal acts of the constituent entities of the Russian Federation, taking into account the provisions of the Federal Law “On the State Civil Service of the Russian Federation in order to ensure the execution of the powers of a state body or a person replacing a public position.
Established public positions (or public service positions) are listed in the Register of Public Positions or in the Register of Positions of the State Civil Service of the Russian Federation.
Filling a public position is a way for a citizen to enter the public service (appointment, election, competition). Borodin S.S. Administrative law. General and Special part: a course of lectures / S. S. Borodin, S. S. Gromyko; GUAP. SPb., 2007. - S. 62.
In the current Russian legislation on public service, a public position is defined as a position in federal state authorities, state authorities of the constituent entities of the Russian Federation, as well as in other state bodies formed in accordance with the Constitution of the Russian Federation, with the established terms of reference for the execution and provision of the powers of this state body, monetary allowance and responsibility for the performance of these duties. Thus, the following components of this concept are legally fixed: 1) a position is a structural unit of state bodies;
2) it is established in accordance with the procedure established by the legislation;
3) establishes the scope of duties corresponding to the powers of the state body;
4) includes financial support and liability for non-performance or improper performance of established duties.
The law determines the system and model of the civil service according to the organizational and job criteria, establishing the list and types of civil service positions and characterizing them. Excluded from the system of these positions are the public positions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation, the chairmen of the chambers of the Federal Assembly of the Russian Federation and some other persons holding public positions of the Russian Federation and its constituent entities. Spektor A.A. Scientific and practical commentary to the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" / A.A. Spector, E.V. Tumanov - M .: YurKompani, 2009. - S. 25
In accordance with the Federal Law “On the System of the Public Service of the Russian Federation”, civil service positions may be established by federal laws, laws of the constituent entities of the Russian Federation, as well as federal and regional regulatory legal acts. Federal Law of May 27, 2003 No. 58-FZ “On the System of the Public Service of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2003 - No. 22. - Art. 2063.
According to the regulations on the types of civil service, civil service positions can be divided into the following types:
1) positions of the state civil service:
a) positions of the federal state civil service;
b) positions of the state civil service of the constituent entity of the Russian Federation;
2) military positions;
3) positions of the law enforcement service.
It is envisaged that civil service positions of various types may be established in a federal state body.
Qualification requirements for civil service positions are established by federal laws and laws of the constituent entities of the Russian Federation, as well as federal and regional regulatory legal acts. The federal law "On the State Civil Service of the Russian Federation" establishes qualification requirements for civil service positions (Article 12). These include: requirements for the level of professional education, length of service in the civil service (public service of other types) or length of service (experience) in the specialty, professional knowledge and skills necessary for the performance of official duties. Bartsits I.N. Thoughts on administrative reform in the year of the decade of the Constitution of the Russian Federation / I.N. Bartsits // Federalism. - 2003, No. 3. - S. 26.
A public position establishes a list of functions and powers in terms of exercising the competence of a state body by one person. Public positions in state bodies of the subjects of the Federation are established by laws and other acts of the legislation of the Russian Federation, as well as laws and other regulatory legal acts of the subject of the Federation.
Civil service positions can be classified into categories and groups.
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, 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 term limits;
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 replaced for a certain period limited by the term of office of these persons or heads;
3) specialists-- positions established for professional support of the performance of established tasks and functions by state bodies and replaced 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. Spektor A.A. Scientific and practical commentary to the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" / A.A. Spector, E.V. Tumanov - M .: YurKompani, 2009. - S. 32.
Civil service positions include:
1) the highest positions of the civil service;
2) the main positions of the civil service;
3) leading positions in the civil service;
4) senior civil service positions;
5) junior civil service positions.
The positions of the categories "leaders" and "assistants" (advisers) are divided into the highest, main and leading groups of civil service positions. Positions of the "specialist" category are classified into the highest, main, leading and senior group positions in the civil service. The legislator divides the positions of the “providing specialists” category into the main, leading, senior and junior positions of the civil service. Belyaev A. The procedure for passing the public service / A. Belyaev // Institutions of culture and art: accounting and taxation. - 2009. - No. 10. - S. 15.
Thus, in the course of regulatory reforms for civil servants, class ranks of the state civil service were introduced instead of qualification ranks. The assignment of class ranks of the civil service to civil servants is carried out on the basis of two main criteria:
a) the position to be occupied within the group of positions in the civil service;
b) the results of the qualification exam (for civil servants who fill positions in the civil service without limiting the term of office). Oseychuk V.I. On the Formation of a New Mechanism of Personnel Policy in the Public Service System / V.I. Oseychuk // Constitutional and municipal law. - 2008. - No. 15. - S. 14.
In paragraph 4 of Art. 9 of the Federal Law "On the State Civil Service of the Russian Federation" establishes fundamental approaches that are of decisive importance for the assignment of class ranks of the civil service:
c) positions of the category "providing specialists" refer respectively to the main, leading, senior and junior groups positions in the civil service. Commentary on the Federal Law "On the State Civil Service" / ed. Kozbanenko V.A., Medvedeva D.A. - Peter, 2007. - S. 26.
Class ranks of the civil service (actual state adviser of the Russian Federation of the 1st, 2nd and 3rd class and state adviser of the Russian Federation of the 1st, 2nd and 3rd class are assigned to civil servants replacing the positions of the federal civil service, respectively, of the highest and main group. With regard to civil servants who fill positions in the civil service of similar groups of subjects of the Federation, the class ranks of the civil service may be assigned to them in accordance with the law of the subject of the Federation.
2. Modern model of federalism and civil service
2.1 Nature of interaction between the Federation and subjects of the Federation
The ongoing process of decentralization of public and economic management, the powers of state authorities of the subjects of the Federation and local self-government began to expand. The formation of new managerial ties both vertically and horizontally proceeds somewhat chaotically and unorganized. As is known in the basis state structure usually lie subordinate (subordinate) or coordinating (coordination) management systems, as well as their various combinations Atamanchuk G.V. Theory of public administration / G.V. Atamanchuk. - M.: Omega-L, 2008. - S. 107. . In the political and legal sphere, coordination systems most often come in two forms - federations and confederations. The main difference between the two is that a federation usually has a single state, while a confederation does not. Both federation and confederation can be based on both interethnic and interterritorial interactions. The presence of a single statehood makes the federation more socially stable in comparison with the confederation.
So far in history, mainly inter-territorial federations have been created (for example, the USA, Mexico, Germany). They turned out to be quite reliable and stable in their activities. Interethnic federations were created, but did not last long (USSR, Czechoslovakia, Yugoslavia). Russia has created a qualitatively new state, which has not yet been encountered in history - the territorial-national federation Baglai M.V. Constitutional law Russian Federation / M.V. Baglay. - M.: Norma, 2007. - S. 242. . It is formed by 21 republics, 46 regions, 9 territories, 2 federal cities, 1 Autonomous region and 4 autonomous regions.
As noted in the scientific literature, when creating an interethnic federation in the USSR, two criteria were used to identify the union republics: the number of the indigenous nation should be at least 1 million people; territorial settlement given people should also include the external (in relation to the USSR) border Starilov Yu.N. On the issue of the public law nature of the institution of public service / Yu.N. Starilov // Jurisprudence. - 1997. - No. 1. - S. 23. .
Apparently, such criteria were not laid down in our federation. They are absent in the Constitution of the Russian Federation and, obviously, are not included in the next bills on national relations.
As you know, in the 1990s. in the country have become extremely aggravated interethnic relations. The centrifugal forces formed in the course of the struggle against the bureaucratic apparatus of the Soviet allied structures drew into their orbit the internal Russian national entities. Some of them, such as Chechnya, embarked on the path of complete sovereignization, and even announced their intention to secede from the Russian Federation. The separatist tendencies were fueled to no small degree by certain incorrect actions of the federal authorities, which, under the influence of inertia, still professed Soviet command-directive methods of leadership.
In order for the Russian Federation to survive, a state power vertical is needed. Zalessky V. How power was tempered / V. Zalessky // http://newtimes.ru/articles/detail/4357?sphrase_id=207651. Undoubtedly, in modern conditions, such a vertical can mainly be built in the structures of executive power. In accordance with the Constitution, it is along the vertical line of executive power that a fairly definite subordination (subordination) of all bodies from top to bottom should be established, when local bodies will be subordinate to regional ones, and regional ones to federal ones. Otherwise, laws and other regulations adopted by the federal authorities will still not be properly implemented by regional authorities, and the laws and regulations of the latter will not have regulatory significance for local authorities.
Over the past decades, many subjects of the Federation have become accustomed to doing without federal power. They exercise power without proper reliance on the Constitution of the Russian Federation and federal legislation.
As a result of social conditions (economic differentiation in the regions, terrorist acts), a policy of centralization of state power was purposefully pursued. Instead of an institute general elections in the constituent entities of the Russian Federation to the heads of executive power, he proposed the institution of their regional parliamentary elections on the recommendation of the President of the Russian Federation.
The necessary law on this issue “On Amendments to the Federal Law “On the General Principles of Organizing Legislative (Representative) and executive bodies State Power of the Subjects of the Russian Federation” Federal Law of October 6, 1999 No. 184-FZ “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” // Collection of Legislation of the Russian Federation. - 1999 - No. 42. - Art. 5005. and the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" // Collection of legislation of the Russian Federation. - 2002 - No. 24. - Art. 2253. was adopted on December 11, 2004 No. 159-FZ.
Despite the fact that at present the central government is sufficiently strengthened in the political and legal system, and the regions are vice versa. Importance also played the introduction of the regulatory principle of dual subordination of the relevant executive authorities, which is defined in the above-cited Decree of the President of the Russian Federation of July 2, 2005 No. 773 "Issues of interaction and coordination of the activities of the executive authorities of the constituent entities of the Russian Federation and territorial bodies of federal executive authorities" Decree of the President of the Russian Federation dated July 2, 2005, No. 773 “Issues of interaction and coordination of the activities of the executive authorities of the constituent entities of the Russian Federation and territorial bodies of federal executive authorities” // Collection of Legislation of the Russian Federation. - 2005 - No. 27. - Art. 2730. and Decree of the Government of the Russian Federation of December 5, 2005 No. 725 "On the interaction and coordination of the activities of the executive authorities of the constituent entities of the Russian Federation and territorial bodies of federal executive authorities." Decree of the Government of the Russian Federation of December 5, 2005 No. 725 “On the interaction and coordination of the activities of the executive authorities of the constituent entities of the Russian Federation and territorial bodies of federal executive authorities” // Collection of Legislation of the Russian Federation. - 2005 - No. 50. - Art. 5315.
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Civil service levels: The civil service is structured horizontally and vertically. Vertical division - division along different levels state administration: - federal (of the Russian Federation), - regional (subjects of the Russian Federation). Horizontal division - division between the three branches of power.
Types of public service: - public civil service; - military service; - law enforcement service.
The state civil service is subdivided into the federal civil service and the state civil service of the constituent entity of the Russian Federation. Military service and law enforcement service are types of federal civil service.
Military service is 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 performing functions to ensure the defense and security of the state.
law enforcement service-kind federal civil service, which is a professional service activity of citizens in law enforcement positions 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.
Legal regulation and organization of public service are under the jurisdiction of the Russian Federation. The legal regulation of the state civil service of a subject of the Russian Federation is under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, and its organization is under the jurisdiction of the Russian Federation. The federal civil service is regulated by the Constitution of the Russian Federation, constitutional laws, presidential decrees, government decrees, etc.
Basic principles of construction and functioning of the public service system: federalism, which ensures the unity of the civil service system and observance of the constitutional delimitation of subjects of jurisdiction and powers between federal state authorities and state authorities of the subjects of the Russian Federation; legality; priority of human and civil rights and freedoms, their direct effect, the obligation to recognize, observe and protect them; equal access of citizens to the civil service; the unity of the legal and organizational foundations of the civil service, which implies the legislative consolidation of a unified approach to the organization of the civil service; the relationship between the civil service and the municipal service; openness of the civil service and its availability to public control, objective informing the public about the activities of civil servants; professionalism and competence of civil servants; protection of civil servants from unlawful interference in their professional service activities by both state bodies and officials, and individuals and legal entities.
Federal public service - professional service activities of citizens to ensure the execution of the powers of the Russian Federation, as well as the powers of federal state bodies and persons holding public positions in the Russian Federation.
Public service of the constituent entities of the Russian Federation The civil service of the constituent entities of the Russian Federation is established by laws adopted by the legislative authorities of each constituent entity of the Russian Federation. Therefore, in order to clarify the legal status of the civil service of each subject of the Russian Federation, it is necessary to study and analyze the relevant regional laws. As a rule, the laws of the constituent entities of the Russian Federation on the state (and municipal) service of the relevant constituent entities of the Russian Federation determine the following major blocks of public service issues and relations: "definition of the content and basic elements of the civil service of the constituent entities of the Russian Federation;" enumeration and specification of the principles of public service determined by federal legislation on public service services of subjects of the Russian Federation; "ranking public positions in a constituent entity of the Russian Federation, taking into account the relevant provisions of the federal (framework) law on civil service; "development and approval of qualification requirements for positions occupied by civil servants of the constituent entities of the Russian Federation; "clarification of the list of rights and obligations of civil servants of the constituent entities of the Russian Federation; "establishment of grounds and types of incentives for civil servants of the constituent entities of the Russian Federation; "detalization of the procedure, conditions and measures of disciplinary responsibility of civil servants determined by federal law; "concretization of restrictions for a civil servant established by federal law; "determining the content of state secrets of a constituent entity of the Russian Federation; "strengthening and clarifying the guarantees for civil servants established by federal law; "fixing the procedure for appointing and the size of the monetary allowance of civil servants of the constituent entities of the Russian Federation on the basis of federal legislation; "addition of the federal list of compensation payments and benefits to civil servants; "establishing the conditions for the provision and duration of additional holidays and holidays without pay;" and so on.
State civil service - a type of public service, which is a professional service activity of citizens in the positions of the state civil service to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of subjects of the Russian Federation. Federal State Civil Service- professional service activities of citizens in the positions of the federal state civil service to ensure the execution of the powers of federal state bodies and persons holding public positions in the Russian Federation. State civil service of the subject of the Russian Federation- professional service activities of citizens in the positions of the state civil service of a constituent entity of the Russian Federation to ensure the execution of the powers of a constituent entity of the Russian Federation, as well as the powers of state bodies of a constituent entity of the Russian Federation and persons holding public positions of a constituent entity 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. Such citizens are assigned military ranks. These include: border troops, FSB troops, special communications troops (FAPSI), troops civil defense(Ministry of Emergency Situations), troops of the foreign intelligence service (SVR).
Law enforcement
- a type of federal public service, which is a professional service activity of citizens in law enforcement positions 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. Such citizens are assigned special ranks and class ranks. These include: judicial, prosecutorial, police, tax and police, customs, notary public service.
The law enforcement and military civil services are close in many respects and have a common specificity. For these reasons, civil service in law enforcement and military bodies can be classified as both types of civil service. Thus, officers serving in the internal troops perform law enforcement functions, being military personnel. In turn, civil servants of law enforcement agencies holding positions, for example, in the police, security services, have the status of military personnel.
Public service positions.
public office- a position in federal authorities, in public authorities of a constituent entity of the Russian Federation, as well as in other public authorities formed in accordance with the Constitution of the Russian Federation, with an established range of duties for ensuring and exercising the powers of this state body, monetary support and responsibility for the performance of these duties .Public service positions are established by federal law or other legal act of the Russian Federation, a law or other regulatory legal act of a constituent entity of the Russian Federation.
Civil service positions are subdivided into: federal state civil service positions; state civil service positions of a constituent entity of the Russian Federation; military positions, law enforcement service positions. Civil service positions are distributed into groups and (or) categories in accordance with federal laws on the types of public service and the laws of the constituent entities of the Russian Federation on the state civil service of the constituent entities of the Russian Federation.
The register of federal civil service positions is formed by:
lists of positions of the federal state civil service; lists of standard military positions; lists of standard positions of law enforcement service. These lists are approved by the President of the Russian Federation. of the state civil service of the subjects of the Russian Federation make up the Consolidated register of positions of the civil service of the Russian Federation.
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