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Article 5. Principles public service.

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

Commentary on Article 5

In Art. 5 of the Law establishes the basic principles of public service. Principle - the central concept, the guiding idea, the basis of the system; it generalizes and extends any position to all the realities of the area from which it is abstracted.
The commented Law is the basic law regulating the relations of the public service. Its norms are initial for all other laws and other normative acts, both federal and subjects of the Russian Federation. Therefore, the principles enshrined in this Law express not just its content, reveal its meaning, they form the initial principles of the organization of the public service in the Russian Federation, are taken into account by the legislator when adopting new, canceling or changing existing regulatory legal acts on public service.
All federal and state authorities of the constituent entities of the Russian Federation are obliged to implement these principles. Civil servants should be guided by them in their work.
The law establishes both the legal foundations for the organization of the civil service and the foundations legal status civil servants. Therefore, the principles of public service reflect, first of all, the general principles of organization and activity of the state and its power structures, enshrined in the Constitution of the Russian Federation (Articles 2, 4, 10, etc.) or arising from it. However, in Art. 5 of the Law also formulates special principles inherent in the public service.
1) The civil service is based on the principle of the supremacy of the Constitution of the Russian Federation and federal laws over other regulatory legal acts, job descriptions, etc.
This principle is universal, does not and cannot have any exceptions for anyone. The obligation of all public authorities, all public servants to comply with the Constitution of the Russian Federation and federal laws on the territory of the Russian Federation is a necessary condition for the functioning of the state and the implementation of the rule of law. This obligation has been elevated to the rank of a constitutional principle, Part 2, Art. 4 of the Constitution of the Russian Federation.
The supremacy of the Constitution of the Russian Federation and federal laws throughout the country cannot be the subject of agreements between the constituent entities of the Russian Federation, as well as between them and federal bodies.
The establishment of preliminary conditions, any other direct or indirect restrictions on the operation of federal laws has no legal force due to the infringement of the sovereignty of the Russian Federation.
Decisions of public authorities and their officials, contradicting the Constitution of the Russian Federation and the prescriptions of federal laws, are recognized as invalid from the moment of their adoption.
Refusal or evasion of actions prescribed by federal laws entails the responsibility of civil servants established by law.
This principle requires that the organization of the entire public service be carried out on the basis of and in pursuance of the Constitution of the Russian Federation and federal laws.
Based on the requirement of the supremacy of the Constitution of the Russian Federation, every civil servant is obliged to exercise his public office in the spirit of the following constitutional principles: democracy, legality, equality and full rights of citizens, humanism, state unity, equality and self-determination of peoples, separation of powers, ideological diversity, multi-party system.
2) In sub. Paragraph 2 of paragraph 1 of the commented article provides that the public service is based on the principle of priority of the rights and freedoms of man and citizen.
And this is no coincidence. A person, his rights and freedoms, their direct action are recognized by the Constitution of the Russian Federation (Articles 2, 18) as the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state and civil servants. Ultimately, this principle main point and the content of the activities of civil servants. With this in mind, when selecting candidates for public office, special attention should be paid to their ability and readiness to take into account the interests of citizens in their work. Serious violation of the priority of rights and freedoms should be considered cases when civil servants themselves do not observe human rights, the protection of which is the essence of their activities. As for membership in a particular party or public association, this fact in itself cannot be considered as an obstacle to being in public service.
The civil service must regain the confidence of citizens, which has been shaken in recent years. However, this goal will not be achieved if you simply "mow the lawn", i.e. dismiss the old apparatus and constantly recruit a new one.
On the this stage it is much more important to bring the system of government closer to the citizens. Only the civil servant who works in direct contact with citizens and actively opposes attempts to violate their rights and legitimate interests can save people from prejudice against it.
3) The commented article indicates that the civil service is based on the principle of the unity of the system of state power, the delimitation of subjects of jurisdiction between the Russian Federation and its subjects. This principle directly follows from the federal structure of the country, which is based on state integrity, unity of the system of state power, delimitation of jurisdiction and powers between the authorities of the Russian Federation and its subjects (part 3 of article 5 of the Constitution of the Russian Federation).
The federal service is under the jurisdiction of the Russian Federation, and the civil service of the constituent entities of the Federation is under their joint jurisdiction (Constitution of the Russian Federation, paragraph "m" of article 71, paragraph "l", "n" part 1 of article 72). Within the framework of this distinction, the volume of powers of the Russian Federation should be sufficient for the organization of the public service as a single organizational and legal institution of power. The implementation of the principle of the unity of the civil service objectively requires a unified legal regulation fundamentals of the organization of public service and the legal status of civil servants of the Russian Federation. It is precisely this task that the commented Law solves.
4) The Constitution of the Russian Federation (Article 10) enshrined the principle of separation of powers into legislative, executive and judicial. The commented article (subparagraph 4) establishes that the public service is based on this principle. Accordingly, the civil service is differentiated in the bodies of representative, executive and judicial authorities. The service in the prosecutor's office remains unclear. The inclusion of the prosecutor's office in Chapter 7 of the Constitution of the Russian Federation " Judicial branch" does not mean that this body belongs to the judiciary.
The civil service is organized and carried out with the indispensable consideration of the diversity and specificity of the spheres of state activity. From this point of view, the state service includes service in various specialized sectors: military service, service in the internal affairs bodies, customs, tax authorities, tax police, etc. The regulation of these and similar types of service is characterized by the fact that it is usually systemic, covering service in the bodies of all levels or the industry (sphere) as a whole.
5) According to Part 4 of Art. 32 of the Constitution of the Russian Federation, citizens of the Russian Federation have equal access to public service. Based on this norm, the commented Law establishes that the public service is based on the principle of equal access of citizens to public service in accordance with their abilities and professional training. It follows from this that any discrimination on the grounds of sex, social, racial, national, linguistic or religious affiliation is prohibited when entering and passing public service.
The Law says nothing about the physical and moral qualities of civil servants. However, it is clear that only a citizen who, due to health reasons and his business qualities, is able to professionally ensure the performance of the functions assigned to the relevant state body can be a civil servant. As for the conditions for citizens' access to public service in accordance with professional training, this means the following: the applicant must have education and training corresponding to the content and scope of the powers of this position. At the same time, the principle of equal access to public service is implemented through the participation of citizens in the competition for vacant public positions in the public service (see comments to Article 22).
The legal restrictions provided for in the Law (Article 11) do not weaken the effect of the principle of equal access of citizens to public service and do not mean exceptions to it. They naturally follow from the fact that civil servants exercise their powers of authority and the specifics of specific official functions.
6) The commented article of the Law provides for the obligation for civil servants of decisions taken by higher state bodies and managers within their powers and in accordance with the legislation of the Russian Federation. In this position, two aspects must be distinguished. First of all, we are talking on the binding decisions of superiors in order of subordination government agencies and officials accepted within their competence. Secondly, we are talking about the obligatory nature of orders, instructions and instructions from higher-ranking leaders given within the limits of their official powers. The condition for binding decisions is their compliance with the law.
7) According to sub. 7, paragraph 1 of the Law, the civil service is based on the principle of unity of the basic requirements imposed on it. The basic requirements are the same for the federal civil service, and for the civil service of the constituent entities of the Russian Federation, and, accordingly, for the activities of civil servants.
The unity of the civil service of the Russian Federation is ensured by the system of civil service bodies established in the Federal Law (Chapter V) and certain unified tasks. The principle of unity of the basic requirements is also carried out through the systemic settlement and harmonization of statuses government positions, the sequence of relationships and procedures for the functioning of all elements of the institution of public service. For example, in strict accordance with the groups of public positions, qualification categories (special ranks) have been established, in accordance with which, in turn, the qualification requirements stipulated by the Law are presented to applicants, etc. (See commentary to Art. 6 and 7).
The principle of unity of requirements also means that all civil servants are subject to a minimum of general rules, regardless of whether they serve the Russian Federation or its subject. Thus, Chapter III of the Law is called "Fundamentals of the legal status of a civil servant", i.e. defines the rights and obligations of persons who are both in the federal and public service of the subject of the Russian Federation. The Russian Federation establishes a unified classification of public positions, qualification categories for civil servants, uniform rights and obligations (with differences in official powers), a uniform procedure for performing public service, etc.
The principle of unity of requirements ensures the independence of the civil service from structural and other reorganizations in the system of government bodies.
8) Activities to ensure the execution of the powers of state bodies (civil service) should be considered a highly qualified profession that is important for the entire state and requires special skills acquired and maintained as a result of systematic and continuous education. That is why the Law (subclause 8, article 5) states that the civil service is based on the principle of professionalism and competence of civil servants.
This principle obliges civil servants to know the procedure for the activities of public authorities, to know their rights and obligations; actively and fully exercise the functions and powers provided for by law and official regulations and instructions.
In fixing the principle of professionalism and competence, the Law recognizes that the position of civil servants largely depends on themselves, and all of them should strive to achieve the maximum high level its activities.
9) According to sub. 9 of the commented article, the public service is based on the principle of "publicity in the performance of the public service." Thus, for the first time in a normative form, the obligation of civil servants to provide information is fixed in the Law. In accordance with Part 2 of Art. 24 of the Constitution of the Russian Federation, state authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. However, the federal law(Article 10) also establishes a certain scope of this principle, establishing that a civil servant is obliged to keep state and other secrets protected by law and not to disclose official information. Therefore, the public service is actually based on a combination of publicity and official confidentiality. Reconciling these conflicting demands is not easy: everything will depend on overall progress towards greater transparency and on the extent to which the operational needs of the civil service can be combined with the desire of citizens for greater awareness.
10) The civil service is also based on the principle of responsibility of its employees for prepared and adopted decisions, non-fulfillment or improper fulfillment of their official duties(signature 10 article 5). Reality shows that the reason for many shortcomings in the activities of government bodies is not only and not so much gaps and flaws in laws, but rather poor-quality decisions or failure by civil servants to perform their duties.
Preparation or adoption of a poor-quality decision is a special case of improper performance of official duties; the latter, according to the Law (Article 14), constitutes an official misconduct and entails the application of disciplinary sanctions.
However, the damage caused by unlawful decisions and actions of civil servants is compensated by the state body in which the employee is a member, based on a decision of a court or arbitration court. Civil servants for damage caused in the performance of official duties are involved in the manner prescribed by the labor legislation of the Russian Federation (see comments to Article 14).
An official is responsible not only for failure to perform or improper performance of the duties assigned to him, but also for giving instructions to subordinates on the commission of illegal actions, as well as failure to take measures to ensure legal norms, monitoring compliance with which is part of their official duties.
11) The law declares "politics outside the civil service". The civil service is based on the principle of non-partisanship and the separation of religious associations from the state (subparagraph 11 of the commented article). This principle is intended to protect civil servants from the influence and control of political parties so that they can work effectively regardless of which political party comes to power as a result of elections. In addition, the principle of non-partisanship protects civil servants from losing their positions for political reasons if one party takes the place of another at the helm.
Relationships between civil servants and political parties and religious associations determine the constitutional principles of freedom of belief (Article 29 of the Constitution of the Russian Federation) and freedom of conscience (Article 28 of the Constitution of the Russian Federation). It follows from this that civil servants enjoy:
freedom of conscience, freedom to profess any religion or not to profess any;
freedom of belonging to political parties;
the right to stand as a candidate for elections from any political party.
At the same time, the principle of non-partisan civil service does not allow the creation of organizations of any political parties, social movements and associations pursuing political goals.
Civil servants are independent from political parties, movements and other public associations and organizations. In the performance of their official duties, they have no right to be guided by the decisions of any parties, political public movements and other public associations that persecute political goals. They are prohibited from officially or publicly demonstrating their allegiance or affiliation with said parties or movements.
With regard to persons holding certain positions, the law may provide for the suspension or prohibition of membership in any party, political social movement or any other public association pursuing political goals, as well as a ban on political propaganda and agitation, or participation in any political actions.
The principle of separation of religious associations from the state means that they do not participate in any way in the organization and implementation of public service, do not have any influence on its activities.
Civil servants are not entitled to interfere in any way in the political, liturgical activities of religious associations related to the satisfaction of the religious needs of believers.
Organizations of religious associations may not be created in state authorities. Official documents should not contain indications of the religious affiliation of civil servants.
Religious rites, religious or atheistic propaganda, cult objects and religious literature cannot be distributed in state authorities.
Civil servants are not entitled to demonstrate their adherence or affiliation to a particular religion, confession, church, and at the same time must ensure the free activity of all religious associations.
12) The civil service is based on the principle of personnel stability (subparagraph 12 of the commented article). Professional stability and stability of official position are necessary both in the interests of the state apparatus and in the interests of civil servants, and they must be guaranteed even when the system of state bodies and the organization of the civil service are completely or partially changed.
Public servants should be provided with sufficient safeguards against arbitrary actions affecting their professional position or career. Their status cannot depend on the political situation, the specific personality of a political leader, or frequent and not always justified organizational restructuring.
The conditions for the stability of civil servants are:
the eradication of protectionism, the practice of recruiting personnel on the basis of personal loyalty and partisanship;
timely release of state bodies from persons incompetent or professionally unsuitable;
creation of appropriate conditions for fruitful activity;
strengthening of social and legal protection.
A set of legal norms regulating the foundations of the organization of the civil service (Chapter II), the foundations of the legal status of civil servants (Chapter III), the procedure for passing the civil service (Chapter IV) and the competence of the civil service management bodies (Chapter V) is aimed at resolving these issues.

Principles civil service are fundamental requirements that guide civil servants in their professional activity. They express the necessary foundations for the functioning of public administration.

In terms of content, the principles of the civil service are guidelines, some grounds for streamlining public relations, management of social phenomena and processes. On the basis of these principles, the real process of administrative management is organized, i.e. well-thought-out and reasonable ordering of actions for the implementation of administrative management functions, the choice of methods and techniques of managerial administrative influence.

The principles of the civil service are set out in the federal laws “On the System of the Public Service of the Russian Federation” (2003) and “On the State Civil Service of the Russian Federation” (2004). Naturally, for the most part, the principles in these two federal laws are the same, but there are some differences. Thus, in the first law they are designated as “principles of public service”, while in the second these principles are called “principles of civil service”. In general, the latest principles develop and enrich this section of state legislation.

The legal establishment of the principles of the civil service determines the functioning of state bodies, the activities of civil servants, the stability of the state-legal regulation of public-service relations, as well as the rationale for the development trends of service legislation on the civil service.

The main significance of the principles of the civil service lies in the fact that they determine the legal content, practical organization and actual functioning of the civil service. These principles reflect the most significant aspects of the organization and functioning of not only the civil service itself, but also the system of state bodies, determine the nature of complex relationships within this system.

The principles of the civil service objectively reflect its essence and most important features. They reveal general character managerial, executive-administrative and other administrative activities of civil servants, fix them in the norms included in the social and legal institution of the civil service.

Usually, the principles of the civil service establish the most important links in the system of organization and functioning of this industry. government controlled. They determine the significance, legitimacy and social value of relations that arise in the civil service system. The absence of social and legal principles of civil service can lead to arbitrariness and bureaucracy in relations with the population, as well as relapses of disorganization, lawlessness and injustice.

Public consolidation of the principles of civil service takes place in various legislative and other regulatory legal acts: the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, constitutions, charters and other legislative and regulatory acts of the constituent entities of the Russian Federation. In addition, the principles of the civil service established in the framework Federal Law “On the System of the Civil Service of the Russian Federation” (2003) and the Federal Law “On the State Civil Service of the Russian Federation” (2004) are the basis, the standard for all other legal norms that will be adopted in the future.

In the Law "On the system of public service of the Russian Federation" (2003) in Ch. 1, art. nine basic principles for the construction and functioning of the public service system are formulated:

Federalism, ensuring the unity of the state system

service and observance of the constitutional delimitation of subjects of jurisdiction and powers between federal state authorities and state authorities of the constituent entities of the Russian Federation;

- legitimacy;

The priority of the rights and freedoms of man and citizen, their direct effect, the obligation to recognize, observe and protect them;

Equal access of citizens to public service;

The unity of the legal and organizational foundations of the civil service, which implies the legislative consolidation of a single approach to the organization of the civil service;

Interrelation of public service and municipal service;

Openness of the civil service and its accessibility to public control, objective informing the society about the activities of civil servants;

Professionalism and competence of civil servants;

civil servants from unlawful interference with their professional official activity both state bodies and officials, as well as individuals and legal

Each individual principle of public service does not reflect all the objective relations between state bodies and employees, but only some of them. But all the principles are interconnected and interdependent: observance of some contributes to the implementation of others and, on the contrary, violation of any of the principles adversely affects the implementation of other principles.

When classifying the principles of public service, it is advisable to distinguish three groups of principles: constitutional, organizational and auxiliary. Constitutional principles are conditioned by the provisions of the Constitution of the Russian Federation, which are specified in this legislative act. Organizational principles reflect the mechanism for building and functioning of the civil service, the state apparatus and its units, the division of managerial labor, and ensuring effective administrative activities in state bodies1.

Of the nine principles of public service, the first four are constitutional, and the last five are organizational. All federal and state authorities, subjects of the Russian Federation are obliged to follow these principles. Civil servants should be guided by them in their work. In addition to these two groups, real life civil servants are also guided by auxiliary principles. For the most part, they are scattered in various regulatory documents.

The principle of federalism, which ensures the unity of the civil service system and observance of the constitutional distinction between the subject of jurisdiction and powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation.

The principle of legality. In part 1 of Art. 19 of the Constitution of the Russian Federation directly states: "All are equal before the law and the courts." This means that the state body and the activities of civil servants are regulated legal regulations and are carried out in order to implement the provisions of the law with strict observance of the rights and freedoms of citizens, the rights and legitimate interests of all participants in managerial relations. Organs executive power, local self-government, officials and citizens are obliged to comply with the Constitution of the Russian Federation and the laws of the Russian Federation, as well as generally recognized principles and norms international law, international treaties of Russia, which are integral part legal system. If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules international treaty(Article 15 of the Constitution of the Russian Federation).

The principle of the rule of law in the system of public services is the legality in the implementation of managerial actions by public servants. They have the right to exercise powers within the limits of the rights granted to them and in accordance with their official duties. Civil servants are obliged to fulfill all their deist only within the competence of the state body in which they hold public positions, and in accordance with the legislation of the Russian Federation.

The Constitution of the Russian Federation has the highest legal force in the system of dative and other legal acts in the country. This principle guarantees the priority of constitutional and legal norms in the field of regulation of public service relations and the subordination (subordination) of the rest of the legal array of documents establishing the personal aspects of service relations. The principle of legality provides for the duty executive bodies Russian Federation to comply with the legal terms of contracts by its constituent entities, as well as legislative and other regulations adopted in the republics, territories, regions, cities of federal significance within their competence.

The principle of the priority of the rights and freedoms of man and citizen, their direct effect, the obligation to recognize, observe and protect them. In the Constitution of the Russian Federation in Art. 2 says: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state. The possession of rights and freedoms provides the individual with the opportunity to be independent, capable of asserting himself as a worthy member of society. At the same time, the relationship between the individual and the state is not limited to the obligation of the state not to infringe on human rights. A citizen is involved in a stable political and legal relationship with the state, which involves a combination of mutual rights and obligations.

The Russian state, having established in the Constitution the rights and freedoms of man and citizen, undertakes to guarantee their implementation and protection through the activities of the authorities, the court, the prosecutor's office and law enforcement. Persons permanently residing in the territory of the state have a vital interest in possessing the status of a citizen. The Constitution of the Russian Federation in Art. 18 Establishes: “The rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of the Laws, the activities of the legislative and executive authorities of local self-government and are provided with justice.

The essence of the principle of priority of the rights and freedoms of man and citizen, therefore, is to create conditions for the active participation of the population itself in public administration and in organizing such activities of the state apparatus that would guarantee the rights and legitimate interests every citizen in the social, economic and all other spheres.

The principle of equal access of citizens to public service means their right to occupy any administrative position in accordance with their abilities and professional training, without any discrimination. According to part 4 of Art. 32 of the Constitution of the Russian Federation, the public service is defined as the most important institution for the direct participation of citizens in the management of state affairs, they have equal access to this service. The Federal Law “On the State Civil Service of the Russian Federation” (2004) determines that adult citizens of Russia have the right to enter the civil service, unless otherwise provided by law. A civil servant can only be a citizen who, due to his state of health and his business qualities, is able to professionally ensure the performance of the functions assigned to the relevant body. At the same time, the principle of equal access to the civil service is implemented through the participation of citizens in the competition for vacant public positions in the civil service.

In addition to the constitutional principles, the civil service has a number of special principles, which, in terms of their significance and role in the civil service system, can be called organizational. They regulate various interactions both within the civil service and in the relationship of the civil service with society.

The principle of the unity of the legal and organizational foundations of the public service, which implies the legislative consolidation of a unified approach to the organization of the public service. According to it, the basic requirements are the same for both the federal civil service and the civil service of the constituent entities of the Russian Federation and, accordingly, the activities of civil servants. This principle ensures the dependence of the public service on structural and other restructuring of the system of government bodies.

The unity of the basic requirements is carried out through a systemic regulation and harmonization of the status of public positions, the sequence of relationships and procedures for the functioning of all elements of the civil service institution

The principle of the unity of the legal and organizational foundations of the civil service provides civil servants with equal opportunities for the performance of official duties, contributes to strengthening justice and a good moral climate in state bodies, as well as to the high-quality performance of official functions.

The principle of the relationship between state and municipal service is false in Ch. 1, art. 7 of the Federal Law "On the State Civil Service of the Russian Federation". The municipal service is a professional activity on an ongoing basis to ensure the execution and execution of the powers of local governments. It is carried out in accordance with federal laws "On general principles organizations of local self-government in the Russian Federation” (2003) and “On the fundamentals of municipal service in the Russian Federation” (1998). The law on the civil service states that the relationship between the civil service and the municipal service is ensured through:

1)Unity core qualification requirements to fill civil service positions and municipal service positions;

2) unity of requirements for vocational training, retraining and advanced training of civil and municipal employees;

3) accounting for the length of service in the municipal service in the length of service in the civil service and the length of service in the civil service in the length of service in the municipal service;

4) the correlation of the main conditions of payment for official activities and social guarantees;

5) the correlation of the main conditions of state pension provision for citizens who have served in civil and municipal service, as well as members of their families in the event of loss of a breadwinner.

The principle of openness of the civil service and its accessibility to public control, objective informing the society about the activities of civil servants. This principle is also based on the Constitution of the Russian Federation (Part 3, Article 15), which states that all laws, and therefore laws on public service, are subject to official publication. Unpublished laws do not apply. Therefore, citizens have the right to know the position in the public service. In means mass media the practice of this state structure, its successes and shortcomings, material and other support, etc. should be covered.

The principle of professionalism and competence of civil servants reflects the essence of the civil service as a highly significant activity to ensure the execution and execution of the powers of federal and federal subjects of state bodies. Professionalism is a deep and comprehensive knowledge and possession of practical skills in a certain area of ​​socially useful activity. A trained person has a complex of special knowledge and relevant skills acquired as a result of in-depth general and special work experience. Public service should be considered a profession (lat. professio - specialty), which is important for the entire state and requires special skills acquired and maintained as a result of systematic and continuous education. The performance of the functions of the state administrative apparatus is the main occupation of a civil servant.

The principle of protection of civil servants from unlawful interference in their professional activities of both state bodies and officials, and individuals and legal entities. This principle says that public services are under the protection of the state, its laws and law enforcement agencies. No one has the right to interfere in their official activities, except for persons directly authorized to do so by regulatory provisions.

In the Law "On the State Civil Service of the Russian Federation" in guarantees (Article 52), under the state protection of a civil servant and members of his family, various measures of protection from violence, threats, other misconduct in connection with the performance of his official duties in the manner and on the terms established by federal law.

The Federal Law “On the State Civil Service of the Russian Federation” also contains principles for the functioning, but already of the “civil service” (Article 4), of which there are eight:

1) the priority of the rights and freedoms of man and citizen;

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

4) professionalism and competence of civil servants;

5) the stability of the civil service;

6) availability of information about the civil service;

7) interaction with public associations and citizens;

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

In their daily activities, civil servants are guided not only by those 16 principles that were discussed, but also by auxiliary ones, scattered according to other laws and instructions. In this paragraph, only the most common ones will be given, including:

the principle of optimizing public administration, which consists in improving the managed and managing subsystems;

The principle of reasonable control, according to which the usual

the rate of manageability ranges from three to seven directly subordinate to the head of the performers;

The principle of delegation of authority, when the head or a higher body transfers part of its functions to subordinates without active interference in their actions;

The principle of conformity, which has two sides: on the one hand, the employee must correspond to the position, and on the other hand, the work received must correspond to the intellectual and physical abilities performer;

The principle of automatic replacement of the absent, in which the absent employee must be replaced automatically on the basis of current official job descriptions and regulated formally;

The principle of the first head, which consists in the fact that control over the progress of work should be left to the first head, since only he has the right and opportunity to decide or entrust the solution of any issue;

The principle of unity of command, in which subordinates should receive orders from only one boss;

The Principle of Efficiency organizational structure, consisting in the fact that it is effective only when it contributes to the achievement of goals with minimal cost labor and resources;

The principle of the unity of trust and verification, formulated in the saying: "Trust, but believe";

- the principle of error tolerance, which provides for the rule: “the performer has the right to make a mistake”, which obliges to provide for safety net and reinsurance;

The basic principles for the construction and functioning of the public service system are enshrined in Art. 3 of the Federal Law "On the system of public service of the Russian Federation". The principles of public service are divided into constitutional principles, enshrined directly in the Constitution of the Russian Federation, and organizational and functional principles, formulated in the legislation on public service.

The constitutional principles of public service include the principles of federalism, legality, priority of human and civil rights and freedoms, equal access to public service.

The principle of federalism ensures the unity of the civil service system and compliance with the constitutional delineation of jurisdiction and powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation. The principle of federalism means that the public service is a system of positions established in a single system of state bodies.

Federalism in relation to the civil service has several aspects:

normative aspect - constitutional and legislative delimitation of competence in the field of public service between the Russian Federation and the constituent entities of the Russian Federation;

organizational aspect - observance of the principle of federalism in the construction of the civil service, the division of the civil service into the federal civil service and the civil service of the constituent entities of the Russian Federation;

functional aspect - the independence of each level of the federal system in solving personnel issues and other issues of the functioning of the public service;

financial aspect - observance of the principle of federalism in the resource provision of the civil service at the expense of the budget of the appropriate level (federal or regional).

The principle of legality means the need for compliance with the Constitution of the Russian Federation and the federal law of by-laws and individual legal acts in the field of public service. All conflicts and contradictions are resolved in favor of the Constitution of the Russian Federation and federal law.

The principle of priority of the rights and freedoms of man and citizen means their direct effect, the obligation to recognize, observe and protect them. During the functioning of the institution of public service, the rights and freedoms of a person and citizen determine the meaning, content and application of laws. It is unacceptable to discriminate against citizens on the part of civil servants and the civil servants themselves on the grounds of gender, social, racial, national, linguistic, religious affiliation.

The principle of equal access of citizens to public service means that every citizen of the Russian Federation must, without any discrimination and without unjustified restrictions, be admitted to general conditions equality in public service. Equal access of citizens to the civil service is carried out in accordance with the qualification requirements established for civil service positions.

The organizational and functional principles of the civil service include the principles of the unity of the legal and organizational foundations of the civil service, the relationship between the civil service and the municipal service, the openness of the civil service and its accessibility to public control, the professionalism and competence of civil servants, and the protection of civil servants from unlawful interference in their professional service activities.

The principle of the unity of the legal and organizational foundations of the public service involves the legislative consolidation of a unified approach to the organization of the public service.

The principle of the relationship between the public service and the municipal service.

The relationship of these two types of public service is ensured through the unity of the basic qualification requirements for civil service positions and positions of the municipal service, the unity of restrictions and obligations in the civil service and municipal service, the unity of requirements for professional training, retraining and advanced training of civil servants and municipal employees, accounting length of service in the municipal service when calculating the length of service in the civil service and the length of service in the civil service when calculating the length of service in the municipal service, the correlation of the main conditions of remuneration and social guarantees for civil servants and municipal employees, the correlation of the basic conditions for the state pension provision of citizens who have completed civil service and citizens who have completed municipal service and their families in case of loss of a breadwinner.

The principle of openness of the civil service and its accessibility to public control means objective informing the society about the activities of civil servants. At its core, the principle of openness of the public service involves ensuring the participation of citizens in public administration through the creation of opportunities for obtaining open (unclassified) information about the activities of state bodies and civil servants, exercising public control over the organization and functioning of the public service. This principle is inconceivable without guarantees for the protection of citizens who criticize the activities of civil servants, and the provision of opportunities for the media to cover issues of the organization and functioning of the civil service.

The principle of professionalism and competence of civil servants implies:

professionalism of civil servants, that is, the performance of their position as their main occupation;

competence, that is, knowledge of the assigned service, work experience;

qualification, that is, the correspondence of a civil servant to the position he fills in terms of the level of education, length of service, knowledge and work skills;

effective and conscientious performance of the position;

responsibility for the prepared and adopted decisions and the proper performance of official duties.

The principle of protecting civil servants from unlawful interference in their professional activities. The protection of civil servants is guaranteed against unlawful interference both by state bodies and officials, and by individuals and legal entities. In development of this principle, the legislation provides for the right to appeal against unlawful actions, a mechanism for resolving individual service disputes, the right of civil servants to form trade unions, as well as the non-partisanship of the civil service and the separation of religious associations from the state.

Legislation on civil service.

Currently, the legal regulation of the civil service is in a transitional state at a qualitatively new stage of its development; it was laid down by the Federal Law "On the System of the Civil Service of the Russian Federation" on May 27, 2003 No. 58-FZ.

(Before that, the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” of 1995 was regulated). He divided the entire civil service into 3 types (civilian, military, law enforcement) and determined that each type is regulated by a special law (the first Federal Law of May 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”). Special laws on military and law enforcement service have not been adopted, but a number of Federal Laws and other normative acts that regulate the types of these services continue to operate (Military service: Z “On the status of military personnel”, “On military duty and military service”; Law enforcement service: Z “On militia”, “On the Prosecutor’s Office”, “On the FSB”, “On customs authorities"," On the tax authorities of the Russian Federation "...)

Problem: Correlation between civil service and labor legislation (LC). Since the civil service is a kind of activity, insofar as the Labor Code regulated the civil service. And as a result, the TC proclaimed its priority in relation to other regulatory acts. labor Relations, and in turn, the legislation on the civil service establishes its priority (Article 5 of the Federal Law “On the State and Civil Service of the Russian Federation”: Regulation is carried out: by the Constitution, this Federal Law ... and others (i.e. Labor Code). This (TC) is worth below this law)

In addition to the Federal Law, the federal level of civil service is regulated by:

Decrees of the President.

Government Decrees.

The subject of the Russian Federation has the right to regulate only a narrow range of issues related to the state civil service of the Sub Russian Federation. (Ex: In Omsk, this is the Federal Law of December 22, 2004 No. 601-OZ “Code on public positions of the Omsk region and the state civil service of the Omsk region.” Part 1 regulates in detail the legal status of persons holding public positions in the Omsk region; Part 2 - state civil service).

They are enshrined in the Federal Law "On the system of civil service of the Russian Federation."

Principle of public service:

1. Federalism, ensuring the unity of the civil service system and compliance with the constitutional delineation of jurisdiction and powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation;

2.Legality;

3. The priority of the rights and freedoms of man and citizen, their direct effect, the obligation of their recognition, observance and protection;

(A civil servant must proceed from the fact that the recognition, observance and protection of the rights and freedoms of a person and a citizen determines the meaning and content of his professional activity, i.e. there are options for behavior: give an answer or help well).

4) Equal access of citizens to public service. The main organizational and legal means of implementing the principle is the competitive basis for access to civil service.

5) The unity of the legal and organizational foundations of the public service, which implies the legislative consolidation of a unified approach to the organization of the public service;

6) The relationship between the public service and the municipal service (Article 7). (Mutual accounting of seniority, relative comparability of social guarantees, rights, obligations).

7) Openness of the civil service and its availability to public control, objective informing the society about the activities of civil servants;

8) Professionalism and competence of civil servants;

It is provided:

A set of qualification requirements for the level of education, work experience.

The system of vocational training, retraining, advanced training.

9) Protection of civil servants from unlawful interference in their professional activities of both state bodies and officials, and individuals and legal entities.

(Ex: a manager cannot force a subordinate to join a political party)

The principles of building and functioning of the civil service are established by the Federal Law "On the system of public service of the Russian Federation".

This Law is the basis for all other laws and by-laws regulating public-service relations, both federal and constituent entities of the Russian Federation.

1. Federalism, ensuring the unity of the civil service system and compliance with the constitutional delineation of jurisdiction and powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation.

This principle directly follows from the federal structure of the country, which is based on the integrity of the state, the unity of the system of state power, the delimitation of jurisdiction and powers between the authorities of the Russian Federation and its subjects. The implementation of this principle objectively requires a unified and legal regulation of the foundations of the organization of the civil service and the legal status of civil servants.

2. Legality.

This principle is expressed in the requirement of exact observance and execution of the Constitution of the Russian Federation, laws, decrees of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation and other regulations by all civil servants, regardless of their position. This is due to the legal nature management activities civil servants. In the process of public administration, the requirement of the principle of legality is implemented both in the issuance of administrative acts and in their application.

The legal force of this or that act of government is determined by the constitution and the place of the body that adopted this act in the system of the state apparatus. At the same time, the unity of public administration on the scale of the Russian Federation is ensured by the fact that regulatory legal acts cannot contradict each other. Each act of management must comply with an act of a higher body, and ultimately - with the Constitution of the Russian Federation Magomedov F.B. Principles of public service: the basics of building a system // Modern law. - 2013. - No. 7. - S. 50 ..

Civil servants are called upon to ensure the normal functioning of state bodies and subordinate institutions, on which the satisfaction of public and personal interests and needs of citizens ultimately depends. Special attention appeals to the fact that only persons with special, professional training are allowed to the public service.

3. The priority of the rights and freedoms of man and citizen, their direct effect, the obligation to recognize, observe and protect them.

This principle is based on Art. 2 of the Constitution of the Russian Federation, which reads: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.

The civil service, as an institution designed to practically implement the functions of the state, should first of all contribute to the realization of the rights and freedoms of man and citizen. Moreover, based on the content of Art. 18 of the Constitution of the Russian Federation, it is the rights and freedoms of man and citizen that should determine the activities of legislative and executive authorities, local self-government.

In accordance with the operation of this principle, state bodies, public associations, officials and the media are obliged to ensure that every citizen has the opportunity to get acquainted with documents, decisions and sources of information affecting his rights and interests, everyone has the right to recognition of his legal personality and the right to protect his rights and freedom by all means not contrary to the law, including necessary defense, judicial protection, etc.

4. Equal access of citizens to public service.

This principle is based on Part 4 of Art. 32 of the Constitution of the Russian Federation: "Citizens of the Russian Federation have equal access to public service." This provision is generally consistent with the requirements of paragraph "c" of Art. 25 of the International Act on Civil and Political Rights (Resolution 2200A of the UN General Assembly of December 19, 1966, entered into force on March 23, 1976), according to which every citizen, without any discrimination (with regard to race, skin color, sex, language, religion, political or other opinions of national or social origin, property, birth or other circumstances) and without unreasonable restrictions, must have the right and opportunity to be admitted to public service in his country. The main difference between the norm of the Russian law and the above provision of paragraph “c” of Art. 25 of the International Covenant on Civil and Political Rights is an indication in Russian law to the obligatory possession for a citizen applying for admission to the civil service of the Russian Federation, the state language of the Russian Federation. This requirement is quite reasonable, since it is quite obvious that a person who does not fully know the state language cannot fully fulfill the duties associated with processing information or working with people (namely, this is basically the specifics of the state civil service).

5. The unity of the legal and organizational foundations of the civil service, which implies the legislative consolidation of a unified approach to the civil service.

The civil service, despite the division into the federal civil service and the civil service of the constituent entities of the Russian Federation, is a single integral mechanism designed to implement the functions of the state. The principle of unity of legal and organizational foundations federal service and public service of the constituent entities of the Russian Federation is expressed in the establishment of a unified legal status civil servant, establishing priority federal law in anchoring legal framework public service.

6. Openness of the civil service and its accessibility to public control, objective informing the society about the activities of civil servants.

This principle ensures the possibility of obtaining open (unclassified) information about the activities of state bodies and civil servants. At the same time, the legislation also fixes a certain scope of this principle, establishing that a civil servant is obliged to keep state and other secrets protected by law and not to disclose official information. Therefore, the public service is actually based on the ratio of openness and official confidentiality.

7. Professionalism and competence of civil servants.

This principle is based on a business criterion for evaluating civil servants in terms of their knowledge of the assigned work, the suitability of their position. To carry out management activities, civil servants must be competent, know the structure of the state apparatus and the mechanism of its functioning, have certain scientific knowledge in the field of public administration and organization of public service. In this regard, among essential conditions, which determine the business qualities of the head, his assistants and specialists of the state service apparatus, the presence of special education and practical work experience should be attributed.

Since the practical activities of civil servants are associated with the adoption various solutions, causing certain legal consequences, the importance of legal training of employees of the state apparatus increases (especially in such branches of law as constitutional, administrative, civil, labor, etc.). Civil servants must also have the necessary knowledge in the field of economics, finance, scientific organization of labor, and culture. All this is a necessary prerequisite in order to form a scientific and practical approach to solving problems among civil servants. contemporary problems development of society Permyakov A.I. Principles of public service as its structural element // Bulletin of the Saratov State law academy. - 2013. - No. 5 (94). - S. 179 ..

8. Protection of civil servants from unlawful interference in their professional activities of both state bodies and officials, and individuals and legal entities.

This principle means that civil servants are obliged to execute orders only from the relevant leaders, given within the limits of their authority. Public servants have the right to be protected from violence, threats and other misconduct in connection with the performance of their official duties. Their status cannot depend on the political situation, the specific personality of a political leader, or frequent and not always justified organizational restructuring.

It should be taken into account that the implementation of the principles of construction and functioning of the civil service is provided by federal laws on the types of public service, which establish the principles of construction and functioning certain types public service, taking into account their characteristics. Thus, the Federal Law "On the State Civil Service of the Russian Federation", in addition to the listed principles, names the principles of stability of the civil service and interaction with public associations and citizens. An analysis of the legislation on military service allows us to formulate the following special principles of military service: centralized control military service, unity of command, strict military discipline, subordination of relations between military personnel, continuity. The law enforcement service is carried out on the principles of ensuring federal interests, carrying out public service activities on the scale of the Russian Federation, the unity of the law enforcement system, unity of command, political neutrality, respect for honor and dignity, a combination of publicity and official confidentiality.