Civil servant official competence. Russian administrative law

Administrative law as a branch of law
Public administration and administrative law
- About the concept government controlled
- Executive branch and public administration
- Government mechanism
Subject and method of administrative law
- Public relations regulated by administrative law
- The method of administrative legal regulation
- Main Functions of Administrative Law
- Principles of administrative law
- Administrative law in the system of Russian law
Administrative and legal norms
- The concept and features of administrative and legal norms
- The structure of administrative and legal norms
- Types of administrative and legal norms
- Sources of administrative law
Administrative legal relations
- The concept and main features of administrative legal relations
- Prerequisites for the emergence of administrative legal relations
- Types of administrative legal relations
Subjects of administrative law. General provisions
The concept and types of subjects of administrative law
Individuals
- The concept and foundations of administrative legal status Russian citizens
- Types and structure of the administrative and legal status of a citizen of the Russian Federation
- Rights and obligations of citizens in the field of public administration
- The right of citizens of the Russian Federation to hold public events
- Basic guarantees of citizens' rights
- Appeals of citizens of the Russian Federation
- Fundamentals of the administrative and legal status of foreign citizens and stateless persons
Executive agencies
- Powers of the President Russian Federation in the executive branch
- The concept and legal status of executive authorities
- Types of executive authorities
- The concept, principles of construction and links of the system of executive authorities
- Government of the Russian Federation
- Ministries and other federal executive bodies
- Territorial bodies of federal executive authorities
- Executive authorities of the subjects of the Russian Federation
- To the question of public services as functions of executive authorities
Local governments
Civil servants
- concept public service
- Civil service positions
- Civil service system
- Basic principles of construction and functioning of the civil service system
- Legal basis of public service
- The concept and types of civil servants
- Fundamentals of administrative legal status civil servants
- Fundamentals of administrative and legal regulation of entering the civil service, its passage and termination
- Incentives for civil servants
- About the municipal service and its employees
Fundamentals of the state civil service
- The concept, principles and main types and legal framework civil service
- Civil service positions
- The concept and types of civil servants
- Fundamentals of the administrative and legal status of civil servants
- Admission to the state civil service
- Civil service
- Civil Service Incentives
- Disciplinary responsibility of public civil servants
Fundamentals of Law Enforcement
- On the legal foundations of the law enforcement service
- Concept and principles of law enforcement service
- Law enforcement positions
- Fundamentals of the legal status of law enforcement officers
  - Restrictions and prohibitions in the law enforcement service
- Admission to the law enforcement service and its passage
  - Passage of law enforcement service
- Termination of service in law enforcement
- Disciplinary responsibility of law enforcement officers
Basics of military service
- The concept of military service and its principles
- Military posts: concept and types
- Fundamentals of the legal status and types of military personnel
- Military service
- Dismissal from military service
- Fundamentals of disciplinary responsibility of military personnel
Enterprises, institutions and organizations
- The concept and types of enterprises, institutions
- Fundamentals of the administrative and legal status of enterprises and institutions
- State corporations as subjects of administrative law
- Features of the administrative and legal status of non-state corporate enterprises
- Creation, reorganization and liquidation of enterprises and institutions
- Administrative and legal guarantees of the independence of enterprises, institutions
- Funds
Public and religious associations
- The concept and types of public associations
- Fundamentals of the administrative and legal status of public associations
- Legislative basis of the legal status religious associations
Administrative and legal forms and methods of activity of executive authorities and local governments
Forms of activity of executive authorities
- The concept and basics of classification of forms of activity of executive authorities
- Legal acts of governing bodies: concept and legal significance
- Classification of legal acts of governing bodies
- Conditions for the legality and effectiveness of legal acts of governing bodies
- Publication, entry into force and effect of legal acts of administration
- Validity of the legal act of management
- Loss of force by legal acts of administration
- Challenging normative legal acts in courts of general jurisdiction
- Administrative contract
Methods of activity of executive authorities
- The concept and types of methods of activity of executive authorities
- Administrative coercion: concept and types
Responsibility under administrative law
Administrative responsibility
- The concept and main features of administrative responsibility
- Legislative basis of administrative responsibility
- Administrative offense
- Exemption from administrative responsibility
- Limitation of administrative responsibility
- The concept and types of administrative penalties
- overlay administrative punishment
- Administrative responsibility of a legal entity
Disciplinary responsibility
Material liability
Issues of administrative and procedural activities
Administrative process: concept, structure
Proceedings on cases of administrative offenses
- Fundamentals of Administrative Proceedings
- Participants in administrative proceedings
- Evidence in the proceedings on the case of an administrative offense
- Measures to ensure administrative proceedings
- Initiation of an administrative case
- Consideration of an administrative case
- Review of judgments and decisions
- Enforcement of administrative orders
Disciplinary Proceedings
On the proceedings on complaints of citizens in the executive authorities
Administrative law and legality in management
Legality in the field of management
- Legality, discipline, expediency
- The concept and system of ways to ensure the rule of law and discipline in the field of management
Ways to ensure the legitimacy of discipline in management
- Control powers of the President of the Russian Federation
- Control of legislative (representative) authorities
- Control of executive authorities
- Administrative supervision
- Organs judiciary and rule of law
- General supervision of the prosecutor's office

The concept and types of civil servants

Regulations and literature reflect various ideas about the concept of an employee. The main reason for this is diversity. social functions performed by employees. It objectively excludes the possibility of using one criterion to determine this concept. Brings closer to its essence the definition, according to which employees are recognized as "workers of non-physical and mental labor who receive wages ..." 1 Soviet encyclopedic Dictionary. M., 1980. S. 1236.. By general rule, the result of the work of an employee is not the creation of material values in the form of material products, the performance of work or the provision of services of a material nature. The work of an employee is connected with the organization of the work of various bodies, enterprises, institutions, or with the creation of spiritual values, the provision of social services to the population.

It is impossible to recognize as successful a definition that reduces an employee to a person working for hire in various institutions, in the service sector 2 Ozhegov S.I. Dictionary of the Russian language. M., 1981. S. 651.. For it can also be extended to employees who are not employees.

It is an erroneous opinion that an employee, unlike production personnel, does not participate in the creation of material values, that his work is unproductive. On the contrary, many categories of employees are at the origins of scientific and technological progress in all spheres of the economy and indirectly influence its functioning and development.

The distinction of an employee from other categories of workers only on the basis of the nature of work loses its meaning: as if the work of employees is not directly related to physical impact on material objects. The work of many categories of workers and employees is brought together by its common character. It is sometimes difficult to determine from the point of view of the nature of work whether a particular employee is an employee or a worker (for example, an aircraft commander, a power unit control panel officer, a surgeon, a typist, etc.). Although there is no doubt that historically physical labor is the lot of the bulk of the workers and peasants.

The composition of employees is heterogeneous. They work in various government and non-governmental organizations, are engaged private practice having a state character (notaries).

Civil servants are a kind of employees who, among all other employees, form the main group of subjects of administrative law.

Prior to the adoption of the Law of July 31, 1995 on the fundamentals of civil service, the term "civil servant" was interpreted in the literature in a broad and narrow sense. AT broad sense a civil servant was a person who, in accordance with the procedure established by legal acts, held a position in a state organization: a state body, an enterprise, an institution, another organization. And in the narrow sense - a citizen of the Russian Federation, who, in accordance with the procedure established by legal acts, holds a position in a state body.

At the same time, a position was understood as a staff unit of a state organization, which corresponds to the official position of the person replacing it.

The main thing in the stated concept is the recognition by civil servants of employees of both state bodies and other state organizations that are not such. The employees of state bodies belong to their special category, participating to one degree or another in the implementation of the tasks and functions of the state.

In accordance with the Law on the Fundamentals of Civil Service, a citizen of the Russian Federation who, in accordance with the procedure established by law, performs duties in a public position in the civil service for a monetary reward paid at the expense of the federal budget or the budget of the corresponding subject of the Russian Federation, was recognized as a civil servant. Thus, the signs of a civil servant boiled down to the fact that he:

citizen of the Russian Federation;
replaces a public position in a state body;
replaces a public service position in such a body;
performs the duties determined by this position;
receives a monetary reward for their implementation at the expense of the budget.

It should be emphasized that the concepts of a civil servant and a public position were not limited to those that are associated only with state bodies. Although the preamble to the Law on the Fundamentals of Civil Service stated that it establishes the legal basis for the organization of the civil service of the Russian Federation and the basis for the legal status of civil servants of the Russian Federation, its effect did not apply to all civil servants. They function not only in state bodies, but also in other organizations (law enforcement, military).

Persons holding positions in government bodies, as well as in state enterprises, in institutions and organizations, but not characterized by the indicated features, according to the Law on the fundamentals of public service, the Federal Law on the system of public service, the Federal Law on civil service were not recognized as civil servants.

There is no such thing in the Federal Law on the public service system general concept civil servant. It has been replaced by the concepts of a federal civil servant and a civil servant. This is due to the fact that these concepts do not match. A federal civil servant is understood as a citizen who carries out professional service activities in the positions of the federal civil service and receives a monetary allowance (remuneration, allowance) at the expense of the federal budget. The federal state position is a general concept that unites, however, essentially diverse positions of the state civil service, military positions, law enforcement service positions, the concept of which also needs special interpretation.

The concept of a civil servant of a constituent entity of the Russian Federation covers only its civil servants. Based on this, a civil servant of a constituent entity of the Russian Federation is recognized as a citizen who carries out professional service activities in the positions of the state civil service of a constituent entity of the Russian Federation and receives a monetary allowance (remuneration) at the expense of the funds of the corresponding constituent entity of the Russian Federation. In cases stipulated by federal law, he may receive monetary remuneration at the expense of the federal budget.

The division of civil servants, in addition to that due to the differentiation of types of public service, is also possible depending on the grouping of the positions they hold, the types of bodies in which they hold positions, the volume and nature of the powers they are vested with.

Depending on the nature of the powers that determine the role of civil servants in the implementation of state-power functions, they are divided into officials, operational and auxiliary staff.

In the Federal Law on the fundamentals of public service, the Federal Law on the system of public service, there is no such classification, although it has a fundamental and, above all, practical significance. In particular, the concept of an official, which is not even mentioned in these laws, is one of the key ones, since officials are recognized as special subjects various industries law, including many offences.

Meanwhile, the term " executive» is officially used as not a general, but a special concept, often reflecting the presence of contradictions in the legislation. So, in the Criminal Code of the Russian Federation of 1996, it is interpreted, firstly, in relation to the articles of Ch. 30 “Crimes against state power, interests of public service and service in local governments”; secondly, in a sense that does not fully coincide with the provisions of federal laws on public service. In the Federal Law on the fundamentals of public service that was in force at that time, in particular, persons holding public positions were understood only as persons who held positions established by the Constitution of the Russian Federation and laws of the Russian Federation, constitutions and charters of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies. But this definition covered only positions of a category that the same law did not apply to public positions in the civil service, and persons holding positions of this category were not recognized as public servants of the public service (President of the Russian Federation, Chairman of the Government of the Russian Federation, federal ministers, senior officials of the constituent entities of the Russian Federation and etc.).

The above interpretation of the concept of an official is not entirely consistent with the current federal laws on public service. Thus, the Federal Law on the civil service provides a narrower concept of a public position that does not absorb the concept of a civil service position. Persons holding public office are not recognized as civil servants.

The concept of an official, similar to that given in the Criminal Code of the Russian Federation, is mainly accepted by the Code of Administrative Offenses of the Russian Federation. But in these codes the concept of an official is interpreted in relation to the allocation of special subjects of certain crimes and administrative offenses, that is, it is not universal. In particular, persons holding public positions are understood to mean only persons holding positions established by the Constitution and laws of the Russian Federation, constitutions and charters of its subjects for the direct execution of the powers of state bodies.

However, this definition covers only positions of a certain category, which, according to the Law on the Fundamentals of Civil Service, did not belong to the category of public positions in the civil service, and persons holding positions of these categories were not recognized as civil servants of the civil service. This means that the concept of an official, expressed in the Criminal Code of the Russian Federation, does not yet reveal its general concept.

Officials civil servants are called civil servants who have the right to perform power actions within their competence that entail legal consequences (for example, issue legal acts of management, sign monetary documents, perform registration actions, etc.). They also include employees who do not perform such actions, but manage the activities of employees subordinate to them and are authorized to impose binding requirements on them (for example, heads of many structural divisions of government bodies).

Officials perform legal actions of an authoritative nature related to the management of people, but for this they are endowed with different powers in terms of volume and nature.

The heads of state bodies and their organizations have the broadest powers. They make decisions about various issues their activities, as well as measures of encouragement and disciplinary liability to their subordinate employees 3 Among the employees holding positions in state bodies that are not classified as state positions, there are employees who, by the nature of their powers, are officials (for example, heads of departments and other divisions of state bodies in charge of administrative, economic and other support for the activities of the relevant bodies) ..

Among officials, a special status is occupied by representatives administrative authority . These are officials who have the right to make legal and imperious demands (give prescriptions, instructions) and apply administrative measures to bodies and persons not under their control (for example, chief sanitary doctors, police officers, etc.).

Operational staff(functional workers) - these are civil servants performing work directly determined by the tasks of this body, as specialists. This includes specialists of state bodies, endowed with powers in the field of state power functions, but not entitled to perform service legal and power acts as a means of managing people. The powers of this group of employees allow them to successfully perform work related to the preparation of decisions, the study of issues that require special knowledge and experience.

The operational staff, given the spirit of the law, can also be attributed to officials, their varieties. But by virtue of their status, they are not empowered to take actions aimed at achieving legal consequences, to influence the behavior of others in an authoritative way. Therefore, their allocation to a separate group is both conditional and justified.

The operational composition of the service apparatus must be distinguished from similar categories of employees who are not related to it (doctors, teachers, etc.). Individual employees of this category are authorized, on the basis of special knowledge, to perform actions that entail legal consequences (for example, doctors, since they have the right to issue sick leave certificates, in prescribed cases, prescriptions for free medicines). The actions of such employees, entailing legal consequences, are important not only for their assessment in terms of legal responsibility, but also have a controlling effect on social relations.

The subjects of administrative law are not only civil servants, but also persons holding positions in state bodies that are not civil service positions. They can also act both in the status of officials and operational staff.

The subjects of administrative law are also employees of state enterprises and institutions that are not related to government bodies. They differ from civil servants primarily in that civil servants of state bodies are focused on the implementation of the tasks and functions of the state in managing society. Participation various categories employees in this process is different, but in general service in state bodies is aimed at this goal.

The functional purpose of employees of state enterprises, institutions and organizations is different. Their activities are connected with the organization of processes, respectively, of production, social, cultural and other activities, i.e. fulfillment of the main tasks determined by the goals and objects of activity of enterprises, institutions and organizations.

This can partly explain the fact that the characteristics of civil servants do not coincide with those that characterize civil servants of state bodies, as well as employees of institutions and employees of enterprises. Thus, the content of the activities of the majority of employees of state enterprises, institutions and organizations is not to ensure the powers characteristic of state bodies; the work of employees of state institutions is paid at the expense of the budget, and enterprises - at the expense of profits received from commercial activities.

However, in the status of civil servants of state bodies and. for example, employees of state-owned enterprises have a lot in common. Thus, the heads of enterprises are appointed and dismissed by higher state bodies, they are controlled and accountable to them. This significant stroke in the legal status of the heads of enterprises points to the state character of their official activity.

At all state enterprises, in institutions and organizations, employees are divided according to their functional purpose into two categories: for example, teaching children at school, treating the sick, etc.); b) employees whose activities are subordinated to the management of an enterprise, institution, organization (heads, their deputies, etc.).

A special group consists of employees who combine the performance of these functions. For example, the rector of a university, who simultaneously carries out pedagogical activities.

Depending on the nature and scope of authority, employees of enterprises and institutions can also be divided into officials, including representatives of administrative authorities and operational staff.

It should be borne in mind that the Decree of the Ministry of Labor of the Russian Federation of April 22, 2004 No. 51 approved the Unified qualification guide positions of managers, specialists and employees. As follows from the name of the directory, it highlights the positions of managers, specialists and employees, in relation to them their rights and obligations are established, the content qualification requirements. But the conditionality of such a division is obvious. Thus, from a legal point of view, the heads of state organizations are both employees and officials. In many cases, they must also be experts in a particular field.

It is also important to keep in mind that in all state bodies, enterprises and institutions there are auxiliary employees, the peculiarity of whose legal status is that their lawful official activities do not involve the commission of actions that entail legal consequences that affect the content of the decisions of this body, official. Their duties and rights are determined by the tasks of technical, in the legal sense, support for the official activities of officials, operational staff by creating the conditions necessary for them to perform their official functions (technical secretaries, typists, etc.). The duties of employees of this group may include the commission of actions of legal significance. For example, the registration of incoming complaints, because from the date of this action, the period for considering a complaint is calculated.

A special group of officials are citizens who are not in the public service, but authorized to perform actions that entail legal consequences. According to the Fundamentals of the legislation of the Russian Federation on notaries, notarial activities can be carried out by a citizen of the Russian Federation who has received a license for its implementation. When carrying out notarial activities, notaries have equal rights, regardless of whether they work in a state notary's office or are engaged in private practice. It is obligatory for the latter that they must be members of the notarial chamber.

Civil servant: concept and classification

Public position: concept and content

Rights, obligations, responsibility of civil servants

For the first time this category appeared in Russia under the name "service people" (nobles) in the 15th century. They were in the service of the sovereign and the Russian state, receiving not a monetary allowance, but a land allotment with peasants (estate).

The reforms of Peter I changed the "state service" and officials appeared instead of servicemen. They were paid by rank, financial allowance in accordance with the Table of Ranks (all ranks of the "Table of Ranks" were divided into three types: military, civil (civilian) and courtiers and were divided into fourteen classes).

A civil servant is a citizen of the Russian Federation who carries out professional service activities in civil service positions in accordance with the act of appointment to a position and with a service contract and receives a financial allowance at the expense of the federal budget or the budget of a constituent entity of the Russian Federation. All citizens of the Russian Federation have equal access to the HS.

Persons who are deputy heads of some state bodies - Deputy Prime Minister, Deputy Chairman of the Federation Council, Deputy Chairman of the State Duma - are not civil servants.

The list of public positions is not stable. It may be revised in connection with changes in the state apparatus.

In addition, the following are not government employees:

Employees of state and municipal enterprises, organizations, institutions;

Persons holding positions in LSG bodies;

Employees of apparatuses, public associations, voluntarily created by citizens. They maintain a paid apparatus and positions there are occupied by professional employees;

Employees religious organizations. They have their leadership positions, institutions of professional religious education;

Employees of cooperative organizations created by citizens for joint production, economic, social activities in the field of education, medicine.

But, a civil servant is one who, in a state body, daily performs duties as a public civil service for a monetary reward.

Civil servants of the military and law enforcement services include military personnel (having ranks and ranks), but not privates, cadets of military educational institutions, police officers, courts, prosecutor's office, tax service, security service, justice, customs, notaries.

The legal status of such employees is regulated by a special Federal Law.

The employer of a federal civil servant is the Russian Federation, and a state civil servant of a constituent entity of the Russian Federation is the corresponding constituent entity of the Russian Federation (the Russian Federation and the constituent entity of the Russian Federation are employers, a necessary party to labor relations employing public authorities and their officials)

A position is an authorized social role performed by a person in an organization.

Managerial position - the primary structural element in the governing bodies, determined by the established tasks, duties, rights and responsibilities, designed to regulate a particular area of public life and activity.

The job scheme forms strictly ranked, statistical relationships in the organization.

People, occupying positions, give the organizational structure a dynamic character, turning it into a living social organism.

GS positions are divided into: FGGS positions, GGSSF positions, military positions, law enforcement service positions.

Positions of the GGS

Public positions (political) of the Russian Federation and subjects of the Russian Federation are not included in the GS.

President, Chairman of the Federation Council of the Federal Assembly, Chairman of the State Duma of the Federal Assembly, Chairman of the Government, Federal Ministers, deputies, plenipotentiaries of the President, head of the joint venture, CEC, HRO, Central Bank, auditors of the joint venture, Prosecutor General, prosecutors, judges.

They are replaced by:

Exercising their powers independently (President, Governors, Plenipotentiaries of the President, Chairman of the Central Bank, judges, deputies);

Heads of state bodies of all branches of government (Prime Minister, Ministers);

The salient features of these individuals are:

Their election is popular (President, deputies);

Approval by the highest legislative bodies on the proposal of the heads of executive power (the Prime Minister, federal ministers, governors, the Prosecutor General, the Chairman of the Central Bank, judges);

They belong only to a government agency. Politicians are not civil servants, their legal status is determined by special federal laws (for example, “On the Government of the Russian Federation”, “On Judges”, etc.)

"B" and "C"

Positions established by state bodies for the execution and provision of their powers are public positions of category "B".

Positions of the state civil service (administrative):

Leaders (they can also fill political positions);

Assistants;

Specialists;

Providing professionals.

Deputy Federal Minister, Chief of Staff of the Federal Minister, Head (Director) of Department, Head of Department, Head of Department, Assistant to Federal Minister

Advisor to the Federal Minister, Referent.

The positions of the GGS have the following categories:

This division reflects the differences in the nature of the state-power powers of employees.

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, substituted for certain period powers or without limiting the term of office;

The position of the head is distinguished from the general system of positions of the SGS - by the presence of administrative and administrative powers - issuing legal acts, giving instructions, hiring and firing, applying disciplinary measures. That is, the position of the head is a key one. It is the exercise of power.

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

They are replaced not by competition, but at the request of the person replacing the position of the head;

With the termination of the powers of persons replacing the position of managers, the powers of persons replacing the positions of assistants are also terminated;

With such employees, a fixed-term employment contract is concluded.

In the Federal Ministry, Ministers holding political positions are not civil servants, but their assistants are civil servants.

Their functions:

Informing and advising the manager;

Development and submission of proposals on the competence of the person whose activities are provided;

Participation in the preparation of draft decisions requiring professional knowledge;

Participation in the preparation of documents, speeches of the chief;

Preparation and organization of meetings, receptions;

Control over the implementation of manager's decisions.

The positions of the categories "Head" and "Assistant (Advisor)" belong to the highest classification groups: higher, main, leading. This is due to the highest qualification requirements for persons holding positions. They perform several social roles at once - politicians, experts, analysts, specialists.

Specialists – main function- positions established for professional support of the performance of established tasks and functions by state bodies and filled without limitation of the term of office;

Peculiarities:

Provide professional support for the execution of the powers of state bodies;

Carry out the career origin of the HS as a result of competitive selection and certification;

Work on the basis of a service contract without limitation of term of office. They are characterized by a stable GHS (Federal inspector, specialist expert, referent).

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.

This is also an administrative position, a career position, they are also characterized by a stable service.

All GS positions have 5 groups

The classification of positions by groups (from the youngest to the highest) shows that each of the positions (included in a particular group) is represented by a certain content of official functions (the functionality of the position that should be performed by the employee).

Each group has the following qualifications:

Level of vocational education: for higher education - higher vocational education, for juniors - secondary vocational education);

Work experience

Professional knowledge and skills necessary for the performance of official duties (fixed in the official regulations).

Within each group, class ranks are distinguished:


Active State Advisor of the Russian Federation (substitution of the position of the federal civil service of the highest group)		Active state adviser TO
State Counselor of the Russian Federation (substitution of the position of the federal civil service of the main group)		State Advisor TO
Counselor of the State Civil Service of the Russian Federation (replacement of the position of the Federal Civil Service of the Leading Group)		Advisor to the State Civil Service of the Russian Federation
Referent of the state civil service of the Russian Federation (substitution of the position of the federal civil service senior group)		Referent of the State Civil Service of the Russian Federation
Secretary of the State Civil Service of the Russian Federation (substitution of the position of the federal civil service junior group)		Secretary of the State Civil Service of the Russian Federation

Assignment: the highest class ranks are made by the President of the Russian Federation

The main ones - the Government of the Russian Federation

The rest - the head of the state body

The class rank acts as a service rank.

Conditions for assigning a class rank:

Personal assignment characteristic (assigned to a specific employee, and not to a group of employees holding a particular position). Compliance of the class rank with the professionalism and competence of the employee means that the rank is assigned not as an application, but as recognition of real merit (based on a qualification exam);

Assignment sequence - performed sequentially (starting from the third);

Correspondence of the rank to professionalism and competence;

Early assignment as an encouragement of the next class rank of the GGS is possible (only one step).

Conflict of interest

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, which can lead to causing harm to these legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation.

The peculiarity of the social and legal status of a civil servant lies in the fact that he occupies a position through which the content and boundaries of the employee's influence on people are determined. Society, social institutions, processes in the labor process.

HS status- this is the position occupied by him in the HS system, these are the measures of proper and possible behavior of an employee, established by law in accordance with the position held by the HS.

One of the first documents regulating the status of the HS was the Code of Service (1556).

In 1722, the "Table of Ranks of all military, civil and courtiers" established three types of public service - military, civil and court. A unified system of ranks was introduced, their nomenclature and hierarchy (14 classes and 262 posts).

Our framework law establishes the types of HS and the legal status of a civil servant.

The status of a civil servant implies:

The direct involvement of a civil servant in the preparation, adoption and implementation of decisions in the sphere of the executive power of the state (with the awareness that actions of such a plan may entail economic and social consequences for society);

The employee has the authority and ability to act on behalf of a state body (within his competence), to represent the public interest (having previously realized it);

The combination of strict regulatory regulation with broad decision-making opportunities (in which case the situation is interpreted subjectively on the basis of business, professional and personal qualities employees);

Belonging to a special professional status group (SGS) - people different professions combines the fact of working in government bodies.

Elements of the status set of a civil servant

First of all, an official has a personal status - based on socio-psychological characteristics. This is a formed status, a sociometric status. Based on semi-conscious preferences.

civil status – firstly, he is a citizen of the country, and as a civil servant he has the right to participate in settling the affairs of other persons and organizations (in accordance with the principles of democracy, citizenship, legality).

service status - depending on the functions they perform.

Political status – the question of its presence is debatable. An employee must exercise power and implement the policy of the state (political status is considered from this position).

Moral status - observance of ethical rules and moral norms on the HS.

social status - this is a position, position in society, prestige, respect that a civil servant enjoys - on the one hand. This is the place of an official in the hierarchy of the GS - on the other hand. That is, the social status has a double content.

Criteria of social status:

Education;

Profession;

Qualification;

Position;

Income level;

Family and living conditions.

For an employee, this is also:

The scope of power;

The prestige of the profession;

Social status determines the social role (the way of behavior set by society).

Legal status - a set of initial, inalienable rights, duties, responsibilities, restrictions and prohibitions recognized by the Constitution of the Russian Federation and laws.

Under the new legislation, civil servants have 4 new rights - access to information constituting a state secret; protection of information about a civil servant; for consideration of individual service disputes; prior notification of the representative of the employer to perform other paid work.

Rights of a civil servant

The rights of civil servants are the opportunities and freedoms of professional activity stipulated by the Constitution of the Russian Federation, established by federal laws, other legal acts and protected by the state to ensure the execution of the powers of state bodies.

In accordance with the Constitution of the Russian Federation, civil servants as citizens of the Russian Federation are equal before the law and enjoy the rights and freedoms guaranteed by the Constitution of the Russian Federation and the Federal Law (the right to life, liberty and personal integrity, privacy of correspondence, telephone conversations, inviolability of the home, to associations, to work, housing, health care, education).

At the same time, civil servants are granted special rights for the successful implementation of their functions (Chapter 3, Article 14 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”):

1) Ensuring the proper organizational and technical conditions necessary for the performance of functions (safe working conditions - working conditions under which the impact of harmful factors is excluded, labor protection - a system for saving life and health).

2) Familiarization with the official regulations and other documents that define his rights and obligations in the position of the civil service, criteria for assessing the effectiveness of the performance of official duties, performance indicators of professional performance and conditions for career growth. A civil servant has the right to demand a clear written confirmation of his official rights and duties from an official. And he cannot be entrusted with work that goes beyond his authority and does not documented(internal regulations, job description, regulations, Charter, rules for working with information);

3) 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 (norm of working time, no more than 40 hours per week);

4) Remuneration of labor and other payments in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and with a service contract (remuneration is made in the form of a monetary allowance). The right to combine jobs, if this does not entail a conflict of interest, and with the obligatory notification of the representative of the employer;

5) Obtaining, in the prescribed manner, information and materials necessary for the performance of official duties, as well as making proposals for improving the activities of the state body. A civil servant has the right to request and receive any necessary information, use the means of its storage and processing, as well as make proposals for improving the information activities of the body;

6) Access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is connected with the use of such information;

7) Access in accordance with the established procedure in connection with the performance of official duties to state bodies, local governments, public associations and other organizations;

8) Familiarization with reviews of his professional performance and other documents before entering them into his personal file, materials of his personal file, as well as attaching his written explanations and other documents and materials to his personal file. A civil servant has the right to study a personal file, make the necessary notes, make copies, demand that his explanations be attached to the file. This right is a personal right, that is, neither relatives of a civil servant nor outsiders can get acquainted with a personal file. But a civil servant has the right to authorize a lawyer, a representative of a trade union, or another civil servant to familiarize himself with his case;

9) Protection of information about a civil servant;

10) Job growth on a competitive basis. Based on: qualification exam, attestation, professional competition;

11) Additional professional education in the manner prescribed by this Federal Law and other federal laws (retraining, retraining and advanced training at the expense of the relevant budget). Successful completion training is taken into account when deciding on promotion and assignment of qualification ranks;

12) Membership in a trade union. Each civil servant decides on his own the issue of joining or not joining a trade union, electing or creating a trade union;

13) Consideration of individual service disputes in accordance with this Federal Law and other federal laws. The right to an official investigation - to refute information discrediting the honor and dignity of a civil servant. During an official investigation, an official evaluates the information received, determines the circumstances of importance, makes decisions regarding the civil servant;

14) Carrying out an internal audit on his application;

15) Protection of their rights and legitimate interests in the civil service, including appealing to the court of their violation;

16) Medical insurance in accordance with this Federal Law and the federal law on medical insurance of civil servants of the Russian Federation;

17) State protection of their life and health, life and health of their family members, as well as property belonging to him;

18) State pension provision in accordance with federal law.

They enter the civil service in order to devote the most active part of their working life to it, it follows that the right to a career is an inalienable right of a civil servant.

Responsibilities of civil servants(Chapter 3, Article 15 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”)

1) Comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation;

2) Execute official duties in accordance with the job regulations (description of the process and operations) - instead of the job description and the employment contract, regulations and service contracts were introduced. Official regulations - part of the administrative regulations of the state body; contains an algorithm for performing the functions of a state body;

3) Fulfill the instructions of the relevant managers given within their powers established by the legislation of the Russian Federation (if the employee receives illegal commission, he is not in the right to execute it, must give a written justification indicating the article of the law);

4) Observe the rights and legitimate interests of citizens and organizations in the performance of official duties;

5) Comply with the official regulations of the state body. The state body develops internal regulations and administrative regulations (a comprehensive description of a separate business process), that is, a process approach that allows you to focus work on the final result, carry it out in stages;

6) Maintain the level of qualifications necessary for the proper performance of job duties (the level of qualification is determined in accordance with the hierarchical position of the position of the GS. Qualification requirements are established in accordance with the categories and groups of positions of the GS (professional education level, work experience in the specialty, professional knowledge and skills) );

7) Not to disclose information constituting state and other secrets protected by federal law, as well as information that became known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity (Law of the Russian Federation of 07/21/1993 N 5485-1 "On state secrets": "state secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation. " Provides for criminal , administrative, civil and disciplinary liability);

8) Take care of state property, including that provided to him for the performance of official duties (has no right to use communication means, office equipment for other purposes);

9) Submit, in accordance with the established procedure, information about oneself and members of one's family, income received and property owned by right of ownership, about obligations of a property nature, provided for by federal law;

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 (Decree of the President of the Russian Federation of August 12, 2002 N 885 "On approval of the general principles of official behavior of civil servants");

12) inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, take measures to prevent such a conflict (such an obligation is aimed at increasing public confidence in state bodies, eliminating abuse of the HS);

Civil servants are subject to mandatory state fingerprint registration in the cases and in the manner established by federal law.

Civil service restrictions

Restrictions - the conditions and rules established by the Constitution of the Russian Federation and other regulatory legal acts that place a civil servant in a certain legal framework, beyond which it is forbidden.

They are due to the special legal regime of a civil servant and are designed to ensure his effective professional activity.

Ch. 3 art. 16 Federal Law No. 79-FZ of July 27, 2004 (as amended on December 31, 2014) “On the State Civil Service of the Russian Federation”.

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 capable by a court decision that has entered into legal force (the basis is a court decision), that is, due to mental illness, he is not able to understand the meaning of his actions. He can be recognized as having limited legal capacity due to the abuse of alcohol, drugs. The initiator of the recognition case is the head of the state body, family members, representatives of the prosecutor's office;

2) Condemnation of him 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, as well as in the event of a conviction that has not been expunged or not canceled in accordance with the procedure established by federal law (ground - decision court);

3) Refusal to go through the procedure for issuing access to information constituting state and other secrets protected by federal law, if the performance of official duties in the position of the civil service, for which the citizen is applying, or in the position of the civil service being occupied by a civil servant, is associated with the use of such information. This restriction plays a role in the event that, according to the regulations, the work involves working with information constituting a state secret;

5) Close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a civil servant, if the replacement of a civil service position is associated with direct subordination or control of one of them to another . The degree of kinship is clearly defined - parents, spouses, children, brothers, sisters;

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

7) Citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation;

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

9) Non-submission of information established by this Federal Law or submission of knowingly false information about income, property and obligations of a property nature when entering the civil service. If a citizen does not want to disclose information about himself of a property nature, he cannot be on the GS. The income of a civil servant must be transparent to the management of the public body. Such information is confidential. Information about expenses is not subject to control and public disclosure.

Income details - wage, money in banks, securities;

Information about property - immovable (apartment, house, cottage, garage), movable (car, boat, yacht);

Information about obligations of a property nature.

All information is subject to verification, but the mechanism has not been worked out.

10) Loss by the representative of the employer of confidence in the civil servant in cases of non-compliance with restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest and failure to fulfill obligations established in order to combat corruption by this Federal Law, Federal Law of December 25, 2008 N 273-FZ "On combating corruption" and other federal laws;

11) Recognition of him as having not completed military service by conscription, without having legal grounds for this, in accordance with the conclusion of the conscription commission (with the exception of citizens who have passed military service by contract).

For comparison.

Federal Law No. 119-FZ of July 31, 1995 “On the Basics of the Public Service of the Russian Federation” imposed 12 restrictions on employees (FZ-79 - 11). Some have moved to bans, since this category did not exist before.

The Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" removes some restrictions:

A civil servant is not entitled to engage in other paid activities other than pedagogical, scientific (according to the new law, an official is prohibited from engaging in entrepreneurship and commerce);

The clause prohibiting an official from receiving royalties for publications and speaking as a civil servant has been removed;

There was a ban on participation in strikes. Now the prohibition "" to stop the performance of official duties in order to resolve an official dispute" (which, in principle, is a strike);

The norm of the law on the receipt of remuneration has been amended. Now, gifts received by employees at official events are recognized as Federal property (or subject) and, according to the act, are transferred to a state body. The ban on remuneration after the retirement of an official has been lifted.

Prohibitions related to civil service

Prohibitions are norms stipulated and established by the current legislation, which unequivocally prohibit employees from performing certain actions both in the service and outside it.

Prohibitions for the period of exercising powers:

1) Participate on a paid basis in the activities of the management body of a commercial organization, except for cases established by federal law - EXCLUDED from January 1, 2015;

2) To replace the position of the civil service in the event of:

a) election or appointment to a public position (these are positions established by the Constitution, the Federal Law and the laws of the subjects for the exercise of the powers of state bodies). The lists of positions are enshrined in the NLA, should not have an expansive interpretation. These are political positions. There is a ban on combining administrative and political positions. If he is appointed to a political position, then his activities as a civil servant are suspended;

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) Engage in entrepreneurial activities (the main purpose of which is to make a profit) personally or through proxies, as well as participate in the management of an economic entity (with the exception of housing, housing construction, garage cooperatives, horticultural, horticultural, dacha consumer cooperatives, partnerships of property owners and a trade union registered in the prescribed manner) (can only engage in scientific, pedagogical, creative activities that do not entail a conflict of interest). If he serves the state, he can receive wages only from the state budget;

4) acquire, in the cases established by federal law, securities on which income may be received. This prohibition does not apply to all civil servants, only if this leads to a conflict of interest, the employee is obliged to transfer all securities, shares to trust management (certificates, prices, bills);

5) be an attorney (not use the official resource in favor of third parties) or a representative for third parties in the state body in which he replaces the position of the civil service (or he is obliged to retire from doing business on behalf of the state body so that there is no conflict of interest) ;

The essence of representation consists in the activities of the representative in the exercise of powers in the interests and on behalf of the represented.

*Representation is a legal relationship in which a transaction made by one person (representative) on behalf of another person (represented) by virtue of authority based on a power of attorney, an indication of a law or an act of an authorized state body or local self-government body, directly creates, changes and stops civil rights and obligations of the represented (Article 182 of the Civil Code of the Russian Federation).

6) receive in connection with the performance of official duties remuneration from individuals and legal entities (gifts, monetary remuneration, loans, services, payment for entertainment, recreation, transportation costs and other remuneration). Gifts received by a civil servant in connection with protocol events, business trips and other official events are recognized as federal property and the property of a constituent entity of the Russian Federation, respectively, and are transferred by a civil servant under an act to the state body in which he replaces the position of the civil service, with the exception of cases established by the Civil Code of the Russian Federation. A civil servant who has handed over a gift received by him in connection with a protocol event, business trip or other official event may redeem it in the manner established by the regulatory legal acts of the Russian Federation. This ban was introduced to prevent civil servants from providing preferences persons on the basis of family/friendship ties and did not become obligated to organizations wishing to benefit through gifts;

The reward is considered accepted if:

The position of the person receiving it is indicated in the donation agreement or on the gift;

Awarded at the place of service or during the participation of an employee in events in which he represents a state body;

The donor is interested (directly/indirectly) in management decision, action (or lack of action), and the recipient of the reward participates in this.

The Criminal Code of the Russian Federation, this can be regarded as abuse of official position, taking a bribe.

7) travel in connection with the performance of official duties outside the territory of the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation, by agreement of the state bodies of the Russian Federation, state bodies of the constituent entities of the Russian Federation or municipal bodies with state or municipal bodies of foreign states, international or foreign organizations;

It is not forbidden to use the services of the host (transport, food, accommodation), BUT within the limits of ordinary hospitality!

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

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

Every citizen has the right to privacy, personal, family secrets. Collection, storage and use of such information about the private life of a person without his consent is not allowed.

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

In the structure of the state body there are positions and divisions whose duty is to interact with the media. If an employee is not associated with such activities, then he does not have the right to speak out publicly, discuss the constitutional system, state policy.

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

Meaning of the ban:

prevention of the use of one's official position for off-duty purposes;

protection of employees from unlawful interference in their professional activities (an exception is cases when interaction with foreign states is part of their official duties).

12) use the advantages of official position for election campaigning, as well as for campaigning on referendum issues (the use of administrative resources and official position in election campaigning can put participants in the election process in unequal conditions);

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

Such a ban is associated with depoliticization. Employees should be guided in their activities only by legislation and should not be bound by the decisions of parties.

It is forbidden to promote attitudes towards a particular religion.

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

But, they have the right to participate in religious ceremonies (voluntarily) as citizens of the Russian Federation, but not as representatives of the state / state bodies.

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

We are talking about possible strikes.

A situation may arise - an unresolved dispute between representatives of the employer and a civil servant - disagreements on the application of laws, legal acts, service contract.

These issues (individual service disputes) are considered by the commission of the state body on service disputes (representatives of the employer and representatives of the trade union body), the court.

The prohibition is both collective and individual.

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

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

Prohibitions for those dismissed from public service

Filling positions in organizations for 2 years, if certain functions of the state administration of these organizations were directly included in the official duties of a civil servant (exclusion of the possibility of using official information and official communications in the interests of some organizations);

Disclosure - use for the benefit of organizations or individuals information of a confidential nature or proprietary information that has become known to a civil servant in connection with the use of official duties.

Requirements for official behavior of a civil servant

(Moral requirements)

Opinion on the inclusion of moral requirements in the law is ambiguous. Because everyone independently interprets these norms for themselves.

But since they are enshrined in law, this allows you to smooth out the contradiction between what should be and what is.

In addition, morality should not be based only on one's own ideas about morality, it is also determined by social needs.

Requirements include three types of moral forms:

prescriptive - how to act from the point of view of professional morality of a civil servant;

Prohibitive - what is unacceptable within the framework of official behavior;

A higher standard is required for assessing the ethical behavior of a public servant than that used for assessing other citizens (the requirements should be more stringent than ordinary moral standards).

Decree of the President of the Russian Federation of August 12, 2002 N 885 "On approval of the general principles of official conduct of civil servants" approved the general principles not only for civil servants, but also for persons holding positions in the Russian Federation, constituent entities of the Russian Federation and elected municipal positions (valid until the adoption of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation"). The decree was adopted in order to increase public confidence in state institutions. For the first time, the Decree introduced the concept of "Conflict of Interest".

Conflict of interest - disclosure of secrets (information) to persons interested in it; use of opportunities given by the position to the detriment of the organization; accepting gifts and giving preferences; communication with competitors, customers in order to obtain benefits for themselves and loved ones.

This leads to a violation of the constitutional rights and freedoms of citizens, causing damage to the prestige of the state or the authority of a person, property damage, causing damage to third parties. Corruption!

A civil servant is obliged to evaluate the actions that may affect the performance of his powers. Therefore, it is very important to know all the requirements for official behavior and the features of your legal status.

Federal Law of July 27, 2004 N 79-FZ (as amended on December 31, 2014) “On the State Civil Service of the Russian Federation” Article 18 “Requirements for the official conduct of a civil servant”:

“The civil servant must:

1) perform official duties conscientiously, 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) carry out professional service activities within the framework of the competence of the state body established by the legislation of the Russian Federation;

4) ensure equal, impartial treatment of all individuals and legal entities, do not give preference to any public or religious associations, professional or social groups, citizens and organizations and not allow bias against such associations, groups, citizens and organizations;

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 confessions;

12) promote interethnic and interfaith harmony;

13) avoid conflict situations that could damage its reputation or the authority of a state body;

14) comply with the established rules of public speaking and provision of official information.

A civil servant who fills a civil service position of the category "leaders" is obliged to prevent cases of coercion of civil servants to participate in the activities of political parties, other public associations and religious associations.

First of all, it is necessary to recall the initial positions, which have already been discussed. Meaning civil servants:

a) federal government bodies;

b) state bodies of subjects of the Russian Federation.

a) in the apparatus of representative (legislative) bodies of state power (for example, the chief of staff of the Federation Council, assistants to members of the Federation Council and deputies of the State Duma);

b) in the apparatus of the judiciary (for example, referents, secretaries, etc.);

c) in the bodies of the prosecutor's office;

d) in executive authorities, and in a broader sense - in executive bodies. This is the bulk of the civil servants.

In accordance with the fact that qualification ranks have been established for civil servants, which are assigned to them based on the results of a qualification exam or attestation; it is possible to allocate employees replacing:

a) the highest positions with the rank of a real state adviser of the Russian Federation of the 1st, 2nd and 3rd classes (heads of federal executive bodies, executives Office of the Government of the Russian Federation, etc.);

b) the main positions with the rank of state adviser of the Russian Federation of 1, 2 and 3 classes (for example, an assistant to the President of the Russian Federation);

c) leading positions with the rank of an adviser of the Russian Federation of the 1st, 2nd and 3rd classes (for example, experts-experts);

d) senior positions with the rank of adviser to the state "service of 1, 2 and 3 classes;

e) junior positions with the rank of civil service assistant of 1, 2 and 3 classes.

The qualification ranks of a real state adviser and state adviser are assigned to civil servants by the President of the Russian Federation, other ranks - by the heads of the relevant state bodies.

For certain types of civil service, other types of qualification ranks, military ranks and diplomatic ranks, class ranks (for example, class ranks of employees of the prosecutor's office, tax police) may be introduced. In some cases, this is accompanied by the introduction of uniforms.

There is another interesting question directly related to the type classification of civil servants. The fact is that all the current regulatory material is oversaturated with the term "executive". The Federal Law of July 31, 1995 does not even mention such a category. Meanwhile, they are mentioned even in the Constitution of the Russian Federation (Articles 15, 24, 41, 46, 53, 78). The ACC of the Russian Federation (Article 285) contains a special interpretation of an official, since without this it is impossible to correctly outline the circle of subjects of crimes against the interests of the public service. Officials very often appear as subjects of administrative offenses. Yes, and the science of administrative law traditionally and consistently conducts a legal classification of civil servants, which is based primarily on various categories of officials.

Therefore, there are certain grounds for classifying civil servants according to the most important legal criterion, namely depending on the nature and extent the powers they are given.

In fact, it should be recognized that any person holding a position (in a state and non-state organization) is an official. Any attempts to limit such a natural understanding of an official inevitably lead to a restrictive interpretation of the very category of "employee". And that is the person in charge. Each position is accompanied by the empowerment of the person replacing it with a certain amount of official duties, rights and powers. The Federal Law on Civil Service details the rights and obligations of civil servants, but there is not a word about the nature of the powers arising from the fact that a given employee fills this public position. Meanwhile, this is the main element of the legal characteristics of an employee, his legal status, and, in relation to employees of the executive branch, their administrative and legal status.

It is obvious that the powers of a real state adviser of the Russian Federation exceed in their significance and scope the powers of an adviser to the Russian Federation. But this is not fixed when characterizing the qualification categories of civil servants. Therefore, in order to get a complete picture of the authority of an employee, it is necessary to study it. job description. As a result, it turns out that it is precisely in terms of powers that one can distinguish between civil servants and officials.

And then it turns out that in some cases, officials have legal powers that are exercised only within the framework of disciplinary and service relations (relations between the head and subordinates), in others - their powers go beyond purely administrative relations (i.e. within a given state body) and apply to all lower levels of this system (for example, the federal ministry), in the third - the addressee of their powers are individuals and legal entities that are not related to them by a relationship of subordination. Finally, there are also such positions that are not equipped with any powers of a legally imperious nature, but perform various kinds of legally significant actions that lead to certain legal consequences.

Accordingly, all civil servants of the civil service can be characterized as officials. This will ensure a unified approach to the characterization of civil servants from a purely legal standpoint.

Differences in the legal status of officials give grounds to speak of the following types:

BUT. Officials directly exercising the external powers of state bodies. These are employees of the relevant bodies, endowed with legal powers, without which it is impossible to represent state power in any of its manifestations (legislative, executive, judicial, prosecutorial). This is necessary condition assumed by the concept of public office enshrined in legislation. In this understanding (and there is no doubt about it), the President of the Russian Federation, judges, and the prosecutor are also officials. Prior to the adoption of the Constitution of 1993, the President of the Russian Federation qualified as the highest official. That is what he actually is now. By the way, in the constitutions of many republics the status of their presidents is characterized in this way.

Officials of this category are endowed with the most significant legally imperious powers, which allows them to represent state power in various kinds of external relations. This refers to their representation of this state body in relations with other state authorities, with local governments, with non-governmental organizations and citizens.

Legally, the powers of authority of these officials are exercised in relation to persons who are not in their official subordination (or official dependence), as well as state officials. and non-governmental organizations that are not departmentally subordinate to them. For example, such officials are empowered to make claims based on the law to named persons and organizations, to give binding instructions, to apply non-judicial (administrative) coercion measures provided for by law, including measures of administrative responsibility.

Such officials are usually characterized as representatives of public authority.

The following conclusion is true: not every official has the authority of a representative of power, but every representative of power (in the common sense) is an official.

Sometimes such officials are called representatives of administrative power. This is not true, since it narrows the real understanding of an official as a representative of precisely public authority.

After all, a judge or prosecutor also represents a power that is not administrative in nature. Therefore, for example, officials of the police, control and supervisory bodies, most often referred to as representatives of administrative power, it is more expedient to characterize them as representatives or authorized representatives of one or another executive authority, i.e. subject of public authority.

B. Officials directly exercising the intra-organizational (intra-system) powers of state bodies. These are officials whose legally authoritative powers are exercised in relation to employees and subordinate bodies that are in official dependence on them, as well as organizations that are departmentally subordinate to this body. In this sense, such officials include the heads of state enterprises and institutions, whose powers are exercised only in relation to their subordinate employees. For example, the legal acts of the rector of a university are obligatory for all employees of this university.

Their powers include, for example, the right to issue legally binding acts in force in the system of a given ministry, a given area of activity subordinate to a state body; suspend or cancel unlawful acts of other state bodies and officials subordinate to them; dispose of the state property entrusted to this state body; appoint and dismiss junior employees; encourage them, and, if necessary, punish them, etc.

AT. Officials empowered to ensure the activities of state bodies. Each body has its own organizational structure and staff (a set of government positions that make up the apparatus of this body).

What is the role of these employees, who form the backbone of every state body? They are also officials with a set of official duties and rights determined by job descriptions and, of course, competence (including powers).

But the nature of their powers is peculiar. Firstly, they do not always have a clearly defined legally authoritative character. Secondly, they are always associated with the organization of work within the apparatus of a given body. Thirdly, they are, to one degree or another, not necessarily associated with the creation of the conditions necessary to ensure effective work for the implementation of the powers of the first two types of officials.

This refers to those civil servants who perform the actual intra-organizational or intra-executive work of this state body. They are functionaries state apparatus, operational staff. These are professionals participating in the process of exercising the legally authoritative powers belonging to this state body, in the forms determined by their official duties. For example, these are employees of departments of governments and federal executive bodies. They perform various kinds of legally significant actions, which ultimately lead to certain legal consequences. At the same time, they are deprived of the right to issue legal acts.

But can one or the other be published? legal act(for example, an order of a minister, a decision of the head of administration) without prior legal preparation? Apparently it can't. Such training, in particular, is carried out by officials in the process of performing the entire range of operational functions of this body and its structural divisions. Their functions and powers include the performance of many works that require special knowledge. Therefore, they are often called specialists. Thus, the Government Apparatus is its working body, which ensures its activities. Departments, secretariats, employees of this Apparatus work out and report to the Chairman of the Government of the Russian Federation and his deputies on the documents received by the Government; prepare draft instructions of the Government; prepare draft resolutions and orders of the Government; draw up the decisions adopted at the meetings of the Government; send letters and other appeals of citizens to the Government to the executive authorities for consideration and taking the necessary measures, etc. It is easy to notice a certain level of legal significance of the actions performed in this case, as well as their legal consequences.

This is a possible characteristic of officials.

As regards the so-called support staff, often singled out as a special category of civil servants, then they are actually subject to the rule formulated in Art. 1 of the Federal Law on Public Service: for the purpose of technical support for the activities of state bodies, their staff list may include positions that are not related to public positions. This gives grounds not to consider persons of this kind as public servants.

The Law on the Public Service System contains independent definitions federal civil servant and civil servant of the subject of the Russian Federation, but to common features civil servants, regardless of the level of service, include:

implementation of activities on professional basis,
holding a public office,
receipt of monetary maintenance (remuneration, allowances) at the expense of the state budget, depending on the level of service.

In modern literature on the problems of public service, considerable attention is still paid to the allocation of total number civil servants officials and representatives of the authorities. For many decades, within the framework of various branches of law (criminal, administrative, labor), research has been carried out on the problems of defining the concept of "official".

AT legal acts one of the distinguishing features of officials is the exercise of the powers of a representative of authority (administrative powers in relation to subjects not subordinate in service), organizational and administrative or administrative and economic functions. The function of a representative of authority is understood as the empowerment of administrative powers in relation to subjects who are not subordinate in service.

Currently, the definition of an official is constructed depending on the tasks of a particular branch of law (see, for example, the note to Article 285 of the Criminal Code of the Russian Federation). It should be noted that officials in criminal law recognize not only civil servants of the Russian Federation, but also employees of local governments and state and municipal organizations that carry out listed features. Uncertainty in establishing the scope of the content of such categories as organizational, administrative, administrative and economic functions still leads to ambiguous law enforcement practice, since in the Decree of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 "On judicial practice in cases of bribery and commercial bribery" only an approximate list of powers characterizing these functions is fixed.

In administrative law, the definition of an official, enshrined in a note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation (unlike the Criminal Code of the Russian Federation, it we are talking not only about state and municipal institutions, but also about state and municipal organizations, and the functions are listed the same), applies only to relations for bringing to administrative responsibility. Unlike the criminal legislation, the content of the functions listed in the definition is not specified either in other normative acts or in the decisions of the Plenum of the Supreme Court of the Russian Federation.

Definitions of the concept of "official" are given in the Federal Laws of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" and of July 21, 1997 "On Service in customs authorities Russian Federation”, however, this was done for the special purposes of the legal regulation of these acts.

Currently in other federal laws governing issues of the civil service, there is no definition of the concept of "official". The position of the legislator not to single out officials as special subjects of state-service relations seems to be fundamental and has certain grounds.

In Russia, a civil service model has been chosen that includes among the civil servants those who work in state bodies. In order to differentiate measures and the procedure for bringing to responsibility, a practical need has arisen to designate, among civil servants, the circle of persons empowered to commit legally meaningful action entailing legal consequences, i.e. officials.

In regulatory legal acts, as a subject under control, a subject of prosecution, a subject whose actions can be appealed, etc. as a rule, officials of state bodies are indicated, and not civil servants. In particular, Art. 53 of the Constitution of the Russian Federation enshrines the right to compensation by the state for damage caused by illegal actions (or inactions) of officials of public authorities. It is difficult to agree that the Constitution of the Russian Federation deliberately does not establish the responsibility of the state for illegal actions (or inaction) of civil servants - not officials.

At present, the circle of civil servants is significantly narrowed compared to the Soviet model. In connection with the foregoing, the question arises of the purpose of separating officials from among civil servants of the Russian Federation.

According to the normative structure laid down in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, the number of officials includes representatives of the authorities - persons endowed with administrative powers in relation to citizens and organizations that are not dependent on them. However, modern legislation distinguishes between the legal categories "representative of authority" and "functions of a representative of authority". As mentioned earlier, the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation refer to the “functions of a representative of power”. The “representative of the authorities” is mainly referred to as a special subject under the protection and protection of the state due to its special powers in relation to citizens and organizations. And only in Art. 315 of the Criminal Code of the Russian Federation and Art. 38 of the Criminal Executive Code of the Russian Federation of January 8, 1997 (hereinafter referred to as the Penal Code of the Russian Federation), a “representative of authority” is singled out as an independent subject of legal responsibility.

As a rule, representatives of the authorities are civil servants, and only in exceptional cases are non-state employees vested with administrative powers in relation to persons who are not subordinate to them.

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Civil servant official competence. Russian administrative law

The concept and types of civil servants

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