What type of public service positions is not provided. Public administration system

The federal laws “On the System of the Civil Service of the Russian Federation” and “On the State Civil Service of the Russian Federation” establish that a civil servant is a citizen of the Russian Federation who performs duties in a civil service position for a monetary reward. Thus, the status of a civil servant is determined by at least two conditions: filling a public position, which is established by the state or a state body, and obtaining a qualification rank (special rank, class rank, title).

From an organizational point of view, a position is a specific structural unit located in the public service system. In this sense, the position is independent of the civil servant himself, that is, from the specific person who occupies it. The position also defines the range of tasks that are transferred to one civil servant or a group of employees holding similar positions in government bodies.

It is necessary to distinguish between such concepts as “establishment of a public position” and “substitution of a public position”. The establishment of a public position is the procedure for establishing a public position by an authorized entity (state body, official) in the structure of the state body itself Bahrakh D.N. public service Russia / D.N. Bahrakh. - M.: Prospekt, 2009. - S. 107. Positions of the federal state civil service are established by federal law or decree of the President of the Russian Federation; positions of the state civil service of the constituent entities of the Russian Federation are established by laws or other regulatory legal acts subjects of the Russian Federation, taking into account the provisions of the Federal Law "On the State Civil Service of the Russian Federation in order to ensure the execution of the powers of a state body or a person replacing a public position.

Established public positions (or public service positions) are listed in the Register of Public Positions or in the Register of Positions of the State Civil Service of the Russian Federation.

Filling a public position is a way for a citizen to enter the public service (appointment, election, competition). Borodin S.S. Administrative law. General and Special part: a course of lectures / S. S. Borodin, S. S. Gromyko; GUAP. SPb., 2007. - S. 62.

In the current Russian legislation on civil service, a public position is defined as a position in federal bodies state power, state authorities of the constituent entities of the Russian Federation, as well as in other state bodies formed in accordance with the Constitution of the Russian Federation, with the established terms of duty for the execution and provision of the powers of this state body, the monetary content and responsibility for the performance of these duties. Thus, the following components of this concept are legally fixed: 1) a position is a structural unit of state bodies;

2) it is established in accordance with the procedure established by the legislation;

3) establishes the scope of duties corresponding to the powers of the state body;

4) includes financial support and liability for non-performance or improper performance of established duties.

The law determines the system and model of the civil service according to the organizational and job criteria, establishing the list and types of positions in the civil service and characterizing them. Excluded from the system of these positions are the public positions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation, the chairmen of the chambers of the Federal Assembly of the Russian Federation and some other persons holding public positions of the Russian Federation and its constituent entities. Spektor A.A. Scientific and practical commentary to the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" / A.A. Spector, E.V. Tumanov - M .: YurKompani, 2009. - S. 25

In accordance with the Federal Law “On the System of the Public Service of the Russian Federation”, civil service positions may be established by federal laws, laws of the constituent entities of the Russian Federation, as well as federal and regional regulatory legal acts. Federal Law of May 27, 2003 No. 58-FZ “On the System of the Public Service of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2003 - No. 22. - Art. 2063.

According to the regulations on the types of civil service, civil service positions can be divided into the following types:

1) positions of the state civil service:

a) positions of the federal state civil service;

b) positions of the state civil service of the constituent entity of the Russian Federation;

2) military positions;

3) positions of the law enforcement service.

It is envisaged that civil service positions various kinds may be established in a federal government agency.

Qualification requirements for civil service positions are established by federal laws and laws of the constituent entities of the Russian Federation, as well as federal and regional regulatory legal acts. The federal law "On the State Civil Service of the Russian Federation" establishes qualification requirements to civil service positions (art. 12). These include: requirements for the level of professional education, length of service in the civil service (public service of other types) or length of service (experience) in the specialty, professional knowledge and skills necessary for the performance of official duties. Bartsits I.N. Thoughts on administrative reform in the year of the decade of the Constitution of the Russian Federation / I.N. Bartsits // Federalism. - 2003, No. 3. - S. 26.

A public position establishes a list of functions and powers in terms of exercising the competence of a state body by one person. Public positions in state bodies of the subjects of the Federation are established by laws and other acts of the legislation of the Russian Federation, as well as laws and other regulatory legal acts of the subject of the Federation.

Civil service positions can be classified into categories and groups.

1) leaders-- positions of heads and deputy heads of state bodies and their structural divisions, positions of heads and deputy heads of territorial bodies federal bodies executive power and their structural subdivisions, positions of heads and deputy heads of representative offices of state bodies and their structural subdivisions, substituted for certain period powers or without limiting the term of office;

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

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

4) providing specialists-- positions established for organizational, informational, documentation, financial, economic, economic and other support of the activities of state bodies and replaced without limitation of the term of office. Spektor A.A. Scientific and practical commentary to the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" / A.A. Spector, E.V. Tumanov - M .: YurKompani, 2009. - S. 32.

Civil service positions include:

1) the highest positions of the civil service;

2) the main positions of the civil service;

3) leading positions in the civil service;

4) senior civil service positions;

5) junior civil service positions.

The positions of the categories "leaders" and "assistants" (advisers) are divided into the highest, main and leading groups of civil service positions. Positions of the "specialist" category are classified into the highest, main, leading and senior groups of civil service positions. The legislator divides the positions of the “providing specialists” category into the main, leading, senior and junior positions of the civil service. Belyaev A. The procedure for passing the public service / A. Belyaev // Institutions of culture and art: accounting and taxation. - 2009. - No. 10. - S. 15.

Thus, in the course of regulatory reforms for civil servants, instead of qualification categories class ranks of the state civil service were introduced. The assignment of class ranks of the civil service to civil servants is carried out on the basis of two main criteria:

a) the position to be occupied within the group of positions in the civil service;

b) the results of the qualification exam (for civil servants who fill positions in the civil service without limiting the term of office). Oseychuk V.I. On the Formation of a New Mechanism of Personnel Policy in the Public Service System / V.I. Oseychuk // Constitutional and municipal law. - 2008. - No. 15. - S. 14.

In paragraph 4 of Art. 9 of the Federal Law "On the State Civil Service of the Russian Federation" establishes fundamental approaches that are of decisive importance for the assignment of class ranks of the civil service:

c) positions of the category "providing specialists" refer respectively to the main, leading, senior and junior groups positions in the civil service. Commentary on the Federal Law "On the State Civil Service" / ed. Kozbanenko V.A., Medvedeva D.A. - Peter, 2007. - S. 26.

Class ranks of the civil service (actual state adviser of the Russian Federation of the 1st, 2nd and 3rd class and state adviser of the Russian Federation of the 1st, 2nd and 3rd class are assigned to civil servants replacing the positions of the federal civil service, respectively, of the highest and main group. With regard to civil servants who fill positions in the civil service of similar groups of subjects of the Federation, the class ranks of the civil service may be assigned to them in accordance with the law of the subject of the Federation.

According to the Federal Law "On the System of Public Service of the Russian Federation", positions with the following legal status may be established in federal state bodies:

1. State positions of the Russian Federation, which are established by the Constitution of the Russian Federation, federal laws for the direct execution of the powers of federal state bodies.

These positions do not belong to civil service positions, and the persons replacing them are not civil servants (for example, in a federal ministry, only the federal minister is such a person).

2. Civil service positions that are established by federal laws or other regulatory legal acts of the Russian Federation and are intended to be filled by civil servants. These include:

a) positions of the federal state civil service;

b) military positions;

c) law enforcement positions.

The position of the civil service is understood as the primary structural (organizational) unit of the state body (institution) established in the prescribed manner, which determines the functional purpose, powers and responsibilities of the person replacing it, as well as the costs of his employer (state, subject of the Russian Federation) for his maintenance and creation of conditions for performance of their official duties. The staff list of a state body (institution) shall indicate the name, place and role of the position, the list of positions, to whom they are subordinate, who is subordinate to them. The internal structure of any state body (institution) is considered as a certain system of positions that are different in their purpose and level.

The Federal Law "On the System of the Public Service of the Russian Federation" contains some signs of a civil service position, according to which it can be distinguished from positions with a different legal status.

1) a sign of the civil service is that the range of titles of civil service positions, indicating their functional purpose, is accurately outlined by the relevant registers. These lists are approved by the President of the Russian Federation.

The register of positions of the state civil service of the subject of the Federation is approved by law or other regulatory legal act of the subject.

The register of positions of the federal civil service and the registers of positions of the state civil service of the constituent entities of the Federation constitute the Consolidated Register of Positions of the Public Service of the Russian Federation.

The importance of this feature is determined by the fact that, depending on the functional purpose of the posts, expressed in their names, the types of public service differ.

2) the sign of a civil service position is that the scope of powers for a particular position included in the list of positions of the corresponding type of civil service is limited to the range of duties that arise from the powers of a particular federal state body (service, institution). To determine the scope of authority, the division of civil service positions into categories and (or) groups is used: higher, main, leading, senior, junior. In accordance with the category and group of positions, various qualification requirements are established for citizens to fill these positions, the procedure for appointment to positions, the assignment of class ranks, diplomatic ranks, military and special ranks, as well as the procedure for resolving many other issues of service.

Qualification requirements include requirements for the level of vocational education, length of service in the civil service or length of service (experience) in the specialty, professional knowledge and skills necessary for the performance of official duties. Other requirements, as well as the division of civil service positions into categories and groups, are established by federal laws on the types of civil service.

The federal law "On the State Civil Service of the Russian Federation" dated July 27, 2004 established the division of the posts of the state civil service into four categories: managers; assistants (advisers); specialists; providing professionals.

The category "heads" includes positions of heads and deputy heads of state bodies and their structural subdivisions, positions of heads and deputy heads of territorial bodies of federal executive bodies and their structural subdivisions, positions of heads and deputy heads of representative offices of state bodies and their structural subdivisions, replaced by a certain term of office or without limiting the term of office.

The category of "assistants (advisers)" includes positions established to assist persons holding public positions, heads of state bodies, heads of territorial bodies of federal executive bodies and heads of representative offices of state bodies in the exercise of their powers and replaced for a certain period, limited by the term of office of the indicated persons or leaders.

The category "specialists" includes positions established for the professional provision of the performance of established tasks and functions by state bodies and filled without limitation of the term of office.

The category of "providing specialists" includes positions established for organizational, informational, documentation, financial, economic, economic and other support of the activities of state bodies and filled without limitation of the term of office.

The powers for a specific position of the civil service of all its types are legally fixed not only in the regulation on the state body or its structural subdivision, the charter, the provision on service, but also in the official (service) regulations, the introduction of which is provided for by the Federal Law "On the system of public service of the Russian Federation". This document, approved by the representative of the employer, includes: qualification requirements for a citizen (civil servant) for the position to be occupied; official duties, rights and responsibility of a civil servant for failure to perform (improper performance) of official duties; a list of official issues resolved by him and rendered public services citizens and organizations; procedures for official interaction of a civil servant with other individuals and legal entities; indicators of efficiency and effectiveness of official activity of a civil servant. Specific persons exercising official duties and rights may change, but their content cannot. Every civil servant is obliged to perform the same work as his predecessor, unless the powers of the office change.

3) the sign of a civil service position is that the ratio of civil service positions of its various types and the relative importance of each civil service position within one type of service are determined, firstly, by the staff category, which corresponds to a particular class rank, diplomatic rank, military or a special rank, and, secondly, a salary according to the position.

The need to compare positions according to these criteria arises when the issue of relocating a civil servant in the same state body to fill another position in the civil service, as well as when transferring to fill another position in the civil service in another state body or to another locality is being decided.

It should be borne in mind that each such movement of a civil servant is associated with a change in his legal status and should only be carried out established rules without prejudice to his rights and legitimate interests. An important guarantee in this regard is the provisions contained in Art. 8 of the Law "On the system of public service of the Russian Federation", according to which the ratio of positions of the federal state civil service and standard positions of the state civil service of the constituent entities of the Federation is a federal law or a decree of the President.

4) a distinctive feature of a civil service position is that remuneration for a civil service position is carried out at the expense of funds provided for, respectively, by the federal budget and the budgets of the constituent entities of the Federation. For a civil servant of a subject of the Federation, if necessary, cases of receiving a monetary allowance at the expense of the federal budget may be provided. These funds are spent on creating conditions for a civil servant to perform official duties (providing a workplace with communications equipment, office equipment, transport, paying utility bills, etc.), as well as for paying him a monetary allowance, medical and other types of services when he passes the state services.

A clear regulation of the status of a civil service position that characterizes the official place and the social and labor role of each civil servant is necessary not only to determine his legal capacity as a participant in public service relations, but also to correctly establish the total number of the administrative apparatus and its structural divisions, the ratio of different categories , groups and, if necessary, reducing and simplifying the state apparatus. Practice shows that only with a clear distribution between civil servants, especially managers, of the entire range of functions of a state body or its structural unit, the definition of specific duties and rights for each position, forms and methods of work of the executive her face, relationships with other employees, including other state bodies, professional service activities proceed in the right rhythm, parallelism and confusion are eliminated and, which is very important, increase confidence, initiative and personal responsibility of a civil servant.

Legal consolidation in the regulations, charters and official (service) regulations of specific job duties and rights is designed to ensure a better implementation of the selection and placement of personnel of state bodies, since this is carried out purposefully - taking into account the qualification requirements for a civil servant in a particular public position services. When appraising a civil servant, his professionalism and competence are assessed in relation to a specific position, and not in general. Every civil servant has his own professional official activity, successes and shortcomings in work, as well as opportunities for promotion, are associated with certain positions, and not only with their belonging to any state body, service, institution.

The position of the civil service is a complex legal entity (state institution), the elements of which are regulated by the norms of administrative, constitutional, labor, financial and other branches of law. This state institution also ensures the regulation of relations in the sphere of organization and functioning of the public service of the Russian Federation.

[Civil Service Law] [Chapter 1]

1. are established by a federal law or other regulatory legal act of the Russian Federation, a law or other regulatory legal act of a constituent entity of the Russian Federation.

2. Civil service positions are divided into:

positions of the federal state civil service;

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

military positions;

law enforcement positions.

3. Various types of civil service positions may be established in a federal state body.

4. Civil service positions are distributed by groups and (or) categories in accordance with federal laws on the types of public service and the laws of the constituent entities of the Russian Federation on the civil service of the constituent entities of the Russian Federation.

The ratio of federal state civil service positions, military positions and law enforcement service positions is determined by a decree of the President of the Russian Federation.

The paragraph is invalid.

5. Qualification requirements for citizens to fill civil service positions are established by federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

6. In a federal state body and a state body of a constituent entity of the Russian Federation, positions that are not civil service positions may be provided. Labor activity employees filling such positions is regulated by the legislation of the Russian Federation on labor.

Legal advice under Art. 8 of the Law on the system of public service of the Russian Federation

Boris Myamlin

What category of positions belongs to the civil service

Lawyer's response:
the basis of the civil service of the Federal Law "ON THE SYSTEM OF THE CIVIL SERVICE OF THE RUSSIAN FEDERATION" dated 05.27.2003 N 58-FZ it can be viewed here http://www.consultant.ru/popular/gossluzh/ Article 8. Positions of the civil service 1. Positions of the civil service are established by the federal a law or other regulatory legal act of the Russian Federation, a law or other regulatory legal act of a constituent entity of the Russian Federation.2. Positions of the civil service are divided into: positions of the federal state civil service; positions of the state civil service of the constituent entity of the Russian Federation; military positions; positions of the law enforcement service.3. Various types of civil service positions may be established in a federal state body.4. Civil service positions are distributed into groups and (or) categories in accordance with federal laws on the types of public service and the laws of the constituent entities of the Russian Federation on the state civil service of the constituent entities of the Russian Federation. The ratio of federal state civil service positions, military positions and law enforcement service positions is determined by decree of the President of the Russian Federation Federation. The ratio of positions of the federal state civil service and standard positions of the state civil service of the constituent entities of the Russian Federation is determined by federal law or a decree of the President of the Russian Federation.5. Qualification requirements for citizens to fill public service positions are established by federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.6. In a federal state body and a state body of a constituent entity of the Russian Federation, positions that are not civil service positions may be provided. The labor activity of employees filling such positions is regulated by the legislation of the Russian Federation on labor. For example

Roman Selvinsky

housing is given as a service. Can I privatize?

Lawyer's response:
The Housing Code of the Russian Federation says that Article 92. Types of residential premises of a specialized housing stock1. Residential premises of the specialized housing stock (hereinafter referred to as specialized residential premises) include: 1) service residential premises; 2) residential premises in dormitories; 3) residential premises of the mobile fund; social services population; 5) residential premises of the fund for temporary settlement of forced migrants; 6) residential premises of the fund for temporary settlement of persons recognized as refugees; 7) residential premises for social protection certain categories of citizens.2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is allowed only after such premises are classified as specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of a dwelling in a specialized housing stock with the attribution of such premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund shall be carried out on the basis of decisions of the body managing the state or municipal housing stock. Specialized living quarters are not subject to alienation, lease, lease, except for the transfer of such premises under the lease agreements provided for in this section. Article 93. Office living quarters are intended for the residence of citizens in connection with the nature of their labor relations with state authorities, local authorities, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation, or in connection with the election to elected positions in state authorities or local governments. That is, if you really want to, you can privatize.

Nadezhda Egorova

is it necessary to work 10 years before being eligible for privatization of service housing?

Lawyer's response:
Article 104 1. Service living quarters are provided to citizens in the form of a separate apartment. The categories of citizens who are provided with official living quarters are established by: 1) the state authority of the Russian Federation - in the housing stock of the Russian Federation; 2) the state authority of the subject of the Russian Federation - in the housing stock of the subject of the Russian Federation; 3) the local government - in the municipal housing fund.3. The contract for the employment of official residential premises is concluded for the period of labor relations, service or being in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position. Termination of labor relations or stay in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service, is the basis for terminating the contract for hiring official housing.

Alina Kulikova

municipal experience. Is military service included in municipal seniority?

Lawyer's response:
service in the army refers to the civil service and is included in the length of service of the state and municipal service Article 3. Russian Federation1. The state civil service of the Russian Federation (hereinafter also referred to as the civil service) is a type of public service, which is a professional service activity of citizens of the Russian Federation (hereinafter referred to as citizens) in positions of the state civil service of the Russian Federation (hereinafter also referred to as civil service positions) to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation (including being in the personnel reserve and other cases) .2. The state civil service of the Russian Federation is subdivided into the federal state civil service(hereinafter also - the federal civil service) and the state civil service of the constituent entities of the Russian Federation (hereinafter also - the civil service of the constituent entities of the Russian Federation). Article 7. The relationship of the civil service and the municipal service positions of the civil service and positions of the municipal service; 2) the unity of restrictions and obligations in the course of the civil service and the municipal service; 3) the unity of requirements for professional training, retraining and advanced training of civil servants and municipal employees; 4) accounting for the length of service of the municipal service when calculating the length of civil service service and length of civil service when calculating the length of service of the municipal service; 5) the correlation of the main conditions of remuneration and social guarantees for civil servants and municipal employees; 6) the correlation of the basic conditions of state penalties ion support for citizens who have served in the civil service, and citizens who have served in the municipal service, and their families in the event of loss of a breadwinner.

Sergey Mavrodi

does the wife have the right to service housing after the divorce if the child stays with her. I am an officer of the armed forces of the Russian Federation

Lawyer's response:
Provision of official living quarters 1. Official living quarters shall be provided to citizens in the form of a separate apartment. 2. The categories of citizens who are provided with official living quarters are established: 1) by the state authority of the Russian Federation - in the housing stock of the Russian Federation; 2) by a public authority of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation; 3) by a local self-government body - in the municipal housing stock. 3. The contract for the employment of official housing is concluded for the period of labor relations, service or being in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position. Termination of labor relations or stay in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service, is the basis for terminating the contract for hiring official housing. Article 103

Karina Putina

how to rent a service apartment and get a certificate of rent, if it is registered ex-wife and child. how to rent a service apartment and get a certificate of rent if an ex-wife and a child are registered in it

Lawyer's response:
you were provided with a service apartment for the duration of the performance of certain labor obligations by you. you will rent out housing, they will definitely remove it from the register and your former family in full force. the ex-wife had to go to court with a claim to establish the procedure for using and paying utility bills. she has a slim chance of staying in the premises, but that requires a housing lawyer. Article 92. Types of residential premises of specialized housing stock 1. Residential premises of specialized housing stock (hereinafter referred to as specialized residential premises) include: 1) service residential premises; 2) living quarters in dormitories; 3) living quarters of the mobile fund; 4) living quarters in the houses of the system of social services for the population; 5) living quarters of the fund for temporary settlement of forced migrants; 6) living quarters of the fund for temporary accommodation of persons recognized as refugees; 7) residential premises for social protection of certain categories of citizens. 2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is allowed only after such premises are classified as specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of a dwelling in a specialized housing stock with the assignment of such a premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund are carried out on the basis of decisions of the body managing the state or municipal housing stock. 3. Specialized living quarters are not subject to alienation, lease, lease, except for the transfer of such premises under the lease agreements provided for in this section. Article 93

Georgy Shestoperov

Why is it called the state CIVIL service?

Lawyer's response:

Natalia Borisova

what is the state civil service R.F
- Lawyer's response:
  In accordance with Art. 3 of the Federal Law of the Russian Federation of July 27, 2004 N 79-FZ On the State Civil Service of the Russian Federation, the State Civil Service of the Russian Federation (hereinafter also referred to as the civil service) is a type of public service, which is a professional service activity of citizens of the Russian Federation (hereinafter referred to as citizens) in positions of the state civil service of the Russian Federation (hereinafter also referred to as civil service positions) to ensure the execution of the powers of federal state bodies, state bodies of constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of constituent entities of the Russian Federation (including being in personnel reserve and other cases). The state civil service of the Russian Federation is subdivided into the federal state civil service (hereinafter also referred to as the federal civil service) and the state civil service of the constituent entities of the Russian Federation (hereinafter also referred to as the civil service of the constituent entities of the Russian Federation).

Denis Magayurov

public service and public civil service is the same concept or not?. public service and public civil service - is it the same concept or not?

Lawyer's response:
Federal Law No. 58-FZ of May 27, 2003 (as amended on December 1, 2007) "On the Public Service System of the Russian Federation" Article 2. 1. The public service system includes the following types of public service: public civil service; military service; law enforcement service. 2. The state civil service is subdivided into the federal state civil service and the state civil service of the subject of the Russian Federation. 3. Military service and law enforcement service are types of federal public service. Other types of federal civil service are established by introducing amendments and additions to this Federal Law. Article 5 persons holding public office in the constituent entities of the Russian Federation.

Evgeny Uchuvatov

I have a service apartment (we don’t have the right to privatization). 4 people are registered in this apartment: me, my son, my ex. I have a service apartment (we don’t have the right to privatize). 4 people are registered in this apartment: me, my son, my ex-husband and his stepfather (we have been living for 3 years). Question: My ex-husband in a civil marriage gave birth to a child (I just don’t know if they registered the marriage or not). Can my ex-husband prescribe this child without my and my son's consent? And how to write out his stepfather, who never lived in an apartment for a day.

Lawyer's response:
Apply with a written application to the territorial migration service. In accordance with the Housing Code of the Russian Federation Article 93. Appointment of service residential premises Service residential premises are intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation or in connection with the election to elective positions in state authorities or local self-government bodies. Article 103. Eviction of Citizens from Specialized Residential Premises 1. In cases of cancellation or termination of contracts for the rental of specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such living quarters, these citizens are subject to eviction in a judicial proceeding without providing other residential premises, except for the cases provided for by Part 2 of Article 102 of this Code and Part 2 of this Article. 2. Those who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or family members of the owner of residential premises and registered as needing residential premises: 1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities Russian Federation, state bodies fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, dead (deceased) or missing in the line of duty military service or official duties; 2) old-age pensioners; 3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died; 4) disabled people of groups I or II, whose disability occurred as a result of a labor injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled servicemen who became disabled of groups I or II due to injury , concussions or injuries received in the performance of military service duties or as a result of an illness associated with the performance of military service duties. 3. Citizens specified in part 2 of this article are provided with other living quarters, which must be located within the boundaries of the relevant locality. 4. The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of this Code is carried out by the former owner or legal entity transferring the relevant residential premises.

Alena Ershova

If it's service housing, can I quit my job without checking out. I have a child. I worked for 12 years.

Lawyer's response:
after dismissal, you will be removed from the register due to termination employment contract. on the basis of paragraph 3 of Art. 104 of the RF LC Article 104. Provision of official living quarters 3. The contract for renting official living quarters is concluded for the period of labor relations, service or being in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position. Termination of labor relations or stay in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is the basis for terminating the contract for hiring official housing

Fedor Samogonov

Question about mediators. What is the status of mediators today? Are there any professional associations of mediators, organizations, institutions?

Lawyer's response:
Art. 2 of the Federal Law on Mediation states that a mediator, mediators are an independent individual, independent individuals engaged by the parties as mediators in resolving a dispute to assist the parties in developing a decision on the merits of the dispute;
Article 15. Requirements for mediators
1. The activity of a mediator can be carried out both on a professional and non-professional basis. professional basis.
2. The activities of a mediator on a non-professional basis may be carried out by persons who have reached the age of eighteen years, who have full legal capacity and do not have a criminal record. Persons who meet the requirements established by Article 16 of this Federal Law may carry out the activities of a mediator on a professional basis.
3. The activity of a mediator is not entrepreneurial activity.
4. Persons acting as mediators are also entitled to carry out any other activity not prohibited by the legislation of the Russian Federation.
5. Persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, positions of the state civil service, positions of the municipal service cannot be mediators, unless otherwise provided by federal laws.
6. The mediator is not entitled to:
1) be a representative of any party;
2) provide any party with legal, advisory or other assistance;
3) carry out the activities of a mediator if, during the mediation procedure, he is personally (directly or indirectly) interested in its result, including being related to a person who is one of the parties;
4) to make public statements on the merits of the dispute without the consent of the parties.
7. By agreement of the parties or the rules for conducting the mediation procedure, approved by the organization carrying out activities to ensure the conduct of the mediation procedure, additional requirements may be established for a mediator, including a mediator who operates on a professional basis.
The Mediation Service of the Russian Union of Industrialists and Entrepreneurs and the Scientific and Methodological Center for Mediation and Law, for example, keep statistics on dispute resolution involving mediators.
] - article.

Oksana Gerasimova

please tell me which apartments can be service apartments and from whom?

Lawyer's response:
Article 92. Types of residential premises of specialized housing stock 1. Residential premises of specialized housing stock (hereinafter referred to as specialized residential premises) include: 1) service residential premises; 2) living quarters in dormitories; 3) living quarters of the mobile fund; 4) living quarters in the houses of the system of social services for the population; 5) living quarters of the fund for temporary settlement of forced migrants; 6) living quarters of the fund for temporary accommodation of persons recognized as refugees; 7) residential premises for social protection of certain categories of citizens. 2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is allowed only after such premises are classified as specialized housing stock in compliance with the requirements and in the manner established by the federal executive body authorized by the Government of the Russian Federation, except for cases established by federal laws. The inclusion of a dwelling in a specialized housing stock with the assignment of such a premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund are carried out on the basis of decisions of the body managing the state or municipal housing stock. (As amended by Federal Law No. 160-FZ of July 23, 2008) 3. Specialized living quarters are not subject to alienation, lease, or lease, except for the transfer of such premises under lease agreements provided for in this section. Article 93 a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation or in connection with election to elective positions in state authorities or local self-government bodies.

Tamara Davydova

Does a graduate of NUAU them. Yaroslav the Wise of the first faculty class rank? What?

Lawyer's response:
Class ranks are assigned to employees, not university graduates. Article 13 In accordance with the federal law on the type of public service, class ranks are established for citizens undergoing public civil service in the constituent entities of the Russian Federation. 2. General conditions assignment, retention of class ranks, diplomatic ranks, military and special ranks are: consecutive assignment of a class rank, diplomatic rank, military and special rank after a specified time spent in a certain class rank, diplomatic rank, military and special rank after their assignment for the first time; assignment of a class rank, diplomatic rank, military and special rank to a civil servant in accordance with the position to be occupied by the federal civil service; early assignment as a measure of encouragement of a class rank, diplomatic rank, military and special rank or assignment of a class rank, diplomatic rank, military and special rank one step higher than the class rank, diplomatic rank, military and special rank, provided for a substituted position of the federal civil service in accordance with the federal law on the type of public service; preservation of the assigned class rank, diplomatic rank, military and special rank upon dismissal from a substituted position in the federal civil service or dismissal from the federal civil service. Deprivation of the assigned class rank, diplomatic rank, military and special rank is possible by a court decision. 3. When transferring a civil servant from the civil service of one type to the civil service of another type, the previously assigned class rank, diplomatic rank, military and special rank, as well as the period of stay in the corresponding class rank, diplomatic rank, military and special rank is taken into account when assigning a class rank , diplomatic rank, military and special rank for a new type of public service in accordance with federal laws on types of public service and other regulatory legal acts of the Russian Federation. 4. The ratio of class ranks, diplomatic ranks, military and special ranks is established by decree of the President of the Russian Federation. 5. Class ranks of the state civil service of a constituent entity of the Russian Federation are assigned subject to the provisions of this article in the manner established by the regulatory legal acts of the relevant constituent entity of the Russian Federation.

Egor Tishin

What answer should follow from the legal adviser. 7. Kirillov was appointed to the post of junior specialist of the communal services department of the city administration. Soon, the position of a leading specialist was vacated in the department, and Kirillov wrote a statement asking him to be transferred to this position. The head of the department offered Kirillov to take a qualification exam to determine his ability to take this position, which Kirillov refused, saying that his qualifications were confirmed by his special education, which preceded many years work experience and a positive reference from the last job, so he has every right to occupy a vacant position. For clarification, Kirillov turned to the legal adviser of the city administration

Lawyer's response:
this is a task under municipal law In accordance with paragraph 4 of the Decree of the President of the Russian Federation "On the procedure for passing the qualification exam by civil servants of the Russian Federation and assessing their knowledge, skills and abilities (professional level)" dated February 1, 2005 N 111 Decree of the President of the Russian Federation "On the procedure for passing the qualification exam by civil servants of the Russian Federation and assessing their knowledge, skills and abilities (professional level)" dated February 1, 2005 N 111 (actual edition) The qualification exam is held: a) when deciding on the assignment of a civil an employee who does not have a class rank of the state civil service of the Russian Federation, the first class rank in the civil service position to be replaced; b) when deciding on the assignment to a civil servant of the next class rank for a civil service position to be replaced, which is assigned to a civil servant after the expiration of the period established for civil service in the previous class rank, and provided that he replaces the civil service position, for which a class rank equal to or higher than the class rank assigned to a civil servant; c) when deciding on the assignment of a class rank to a civil servant after his appointment to a higher position in the civil service, if a higher class rank is provided for this position than that which the civil servant has. I note that the qualification exam is held no earlier than three months after the appointment of a civil servant to a civil service position. Thus, despite the fact that your qualification category is confirmed by your special education, previous years of work experience and positive characteristic from the last place of work, on the basis of the Decree of the President of the Russian Federation No. 111, you need to pass a qualification exam to obtain the vacant position of a leading specialist.

Anna Koroleva

with what education take to work in the prosecutor's office?. If a person does not have a legal education, is the entrance closed? Is it possible to get a job with higher technical?

Lawyer's response:
Depends on what position you are applying for. to the public service, according to art. 12 of the Federal Law N 58-FZ "On the system of public service of the Russian Federation", citizens who own state language of the Russian Federation and who have reached the age established by the federal law on the type of public service for passing the public service of this type. is a type of federal public service, whereby prosecutors are civil servants of the public service of the Russian Federation. Federal Law No. 2202-I of January 17, 1992 "On the Prosecutor's Office of the Russian Federation" establishes additional requirements for citizens appointed to the positions of prosecutors and investigators. These conditions and requirements include: the presence of a higher legal education, professional and moral qualities, health status, age. Confirmation of the presence of higher legal education is a document (a diploma of graduation from an educational institution of higher professional education that has state accreditation. Persons who have graduated from an institution of higher professional education (higher educational institution) and have passed the final certification are considered to have higher education. As an exception, the law allows appointment to positions assistants to prosecutors and investigators of the prosecutor's offices of cities, districts, equivalent prosecutor's offices of persons studying in the legal specialty in educational institutions of higher professional education with state accreditation, and who have completed the third year of these educational institutions. More details here: Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation" (with amendments and additions) Section V. Service in the bodies and institutions of the Prosecutor's Office. Personnel of bodies and institutions of the prosecutor's office However, sometimes there are positions of the state civil service - these are specialists of the department of material technical support, the operation of buildings and transport, the department of labor planning, financing, accounting and reporting, the department of general and special office work, who have an education corresponding to their line of business, and not a legal one.

Alexandra Grigorieva

What should be a lifetime pension for a retired president so that he would no longer seek to return?

On August 16, 1995, Russian President Boris Yeltsin signed Decree 854 On Certain Social Guarantees for Substitutes state positions Russian Federations and positions federal state employees. June 15, 1999...

Marina Anisimova

Lawyers in the State Chamber of Lawyers and Notaries in the State Chambers of Notaries are considered civil servants?. What medical documents are they required by law to present when applying for a job there? (the conclusion of a psychiatrist is necessary or not provided for by law)

Lawyer's response:
Federal Law of the Russian Federation "On the State Civil Service of the Russian Federation" Article 1. Basic terms For the purposes of this Federal Law, the terms used mean: 1) public positions of the Russian Federation and public positions of the constituent entities of the Russian Federation (hereinafter also referred to as public positions) - positions established by the Constitution of the Russian Federation , federal laws for the direct execution of the powers of federal state bodies, and positions established by the constitutions (charters), laws of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies of the constituent entities of the Russian Federation; Are lawyers' and notaries' offices intended for the direct execution of the powers of federal state bodies or state bodies of the constituent entities of the Russian Federation? What about medical records? They must be licensed to engage in these activities, undergo training and pass certification exams. And you yourself should be at least lame, hunchbacked, with one eye and no arms.

Andrey Pankratiev

What types of positions are there in the Embassy and what do they do?

Lawyer's response:
Diplomat (from other Greek δίπλωμα “folded in half (written document)”) - in international law an official of the state body of foreign relations, authorized by the government to carry out official diplomatic relations with foreign states, international organizations and their representatives. Diplomats can be both employees of the diplomatic representation of the state abroad, and (some) employees of the central apparatus of the foreign policy department. The main functions of a diplomat are to represent and protect the interests of his country and its citizens, collect information about the host country, and promote the establishment of friendly, cultural, trade and other ties between countries. The diplomat has a certain international treaties diplomatic rank and enjoys diplomatic immunity. Diplomatic rank is not necessarily associated with a specific position held, it is a special legal status that ensures that the accrediting state provides the diplomat with special privileges, such as personal immunity, lack of jurisdiction over the courts of the host country, and exemption from customs inspection. At the same time, the scope of diplomatic privileges (diplomatic immunity) is the same for diplomats of all ranks. Diplomatic ranks are class ranks assigned to persons holding state positions of the Russian Federation and positions of the federal state civil service in the ministries of foreign affairs, diplomatic missions and consular offices. They exist in most countries of the world (although there are countries where the same rank system applies to diplomats as to other civil servants). In Russia, there are the following ranks for diplomats: - Ambassador Extraordinary and Plenipotentiary; - Envoy Extraordinary and Plenipotentiary 1st class; - Envoy Extraordinary and Plenipotentiary of the 2nd class; - Advisor of the 1st class; - advisor of the 2nd class; - first secretary of the 1st class; - first secretary of the 2nd class; - second secretary of the 1st class; - second secretary of the 2nd class; - third secretary; - attache. Diplomatic ranks do not necessarily coincide with the position held by the person.

Grigory Martynov

can be evicted from departmental housing?. A MAN HAS WORKED FOR 24 YEARS HAS RESIGNED AT HIS OWN WILL HAVING 3 GROUP OF DISABILITY. A LETTER WAS RECEIVED REQUESTING TO COLLECT DOCUMENTS WHETHER THERE IS NO OTHER REAL ESTATE IN OWNERSHIP. THE APARTMENT IN THE PROPERTY IS IN WHICH THE SON LIVES. DO THEY HAVE THE RIGHT TO EVICTE FROM THIS HOUSING

Lawyer's response:
In the Housing Code there is no such concept as "departmental housing", there is the concept of "service residential premises" these premises refer to specialized residential premises. Living in these premises is permitted under a social tenancy agreement. . Appointment of service residential premises Service residential premises are intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation or in connection with the election to elective positions in state authorities or local governments. Article 101. Termination of the contract for the lease of specialized residential premises 1. May be terminated at any time by agreement of the parties. 2. The tenant of specialized residential premises may at any time terminate the contract for the rental of specialized residential premises. 3. The lease agreement for specialized residential premises may be terminated in court at the request of the landlord if the tenant and members of his family living together with him fail to fulfill obligations under the contract for the rental of specialized residential premises, as well as in other cases provided for by Article 83 of this Code. Article 83. Cancellation and Termination of a Contract for Social Tenancy of a Residential Premises 1. May be terminated at any time by agreement of the parties. 2. The tenant of a dwelling under a social tenancy agreement, with the consent in writing of the members of his family living together with him, has the right to terminate the social tenancy agreement at any time. 3. In case of departure of the tenant and members of his family to another place of residence, the contract of social rental of residential premises is considered terminated from the date of departure. 4. Termination of a contract for social rental of residential premises at the request of the landlord is allowed in court in the event of: 1) non-payment by the tenant of the payment for the premises and (or) public utilities for more than six months; 2) destruction or damage to the dwelling by the tenant or other citizens for whose actions he is responsible; 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential area; 4) use of residential premises for other purposes. 5. The contract of social tenancy of a dwelling is terminated due to the loss (destruction) of the dwelling, with the death of the tenant living alone. Please note that the lease agreement can be terminated BY JUDICIAL ORDER at the request of the landlord, and that such an agreement can be terminated at the initiative of the landlord ONLY in certain cases.

Kristina Matveeva

Who is hired as a procurator with a specialized secondary education? Please tell me, I am now planning to get a job in the prosecutor's office ... Tell me, what vacancy can I count on with a specialized secondary education as a lawyer? I’ll be in a civilian position, they kind of told me, but I don’t understand, I can’t even get a sergeant with an open source software? And who will I be in the future with higher education? Is it very difficult to climb a career in the prosecutor's office?

Lawyer's response:
Firstly, according to Article 12 of the Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ, the qualification requirements for the level of education for filling civil service positions: -Higher education -Secondary vocational education went to 10-11 class! Now I graduated from college with a degree in law and will be getting a job in the Federal Public Service. In parallel, receiving higher education in an abbreviated form (in absentia). By the age of 22, I will have received a higher education and will have a length of service of about 2 years under my belt, with a good combination of circumstances. And my peers, lawyers, who went through the 11th grade - by the age of 22 they will only leave Univer and have no experience or seniority ... well, that's the difference actually. Second, according to a. 2 hours 1 tbsp. 40.1. Federal Law "On the Prosecutor's Office of the Russian Federation" "On the positions of assistant prosecutors of the prosecutor's offices of districts, cities and equivalent prosecutor's offices, in exceptional cases, persons studying in the legal profession in educational institutions of higher professional education with state accreditation and who have completed the third year of these educational institutions." However, it is extremely difficult to enter the position of a prosecutor's worker even with a completed higher professional education. - We need acquaintances. Based on all this, do not hesitate to enter the university! You can also try yourself as a public assistant prosecutor (trainee). Work on a voluntary (gratuitous) basis. During the time of work as a public assistant, the necessary acquaintances and work experience will appear. In addition, if you prove yourself and prove yourself, they may be hired at least for the position of the state civil service (Senior specialist of the 1st, 2nd or 3rd category of the prosecutor's office). More detailed information You can get it on the official website of the Prosecutor's Office of the Moscow Region in the sections: Terms of employment in the prosecutor's office Vacancies Thirdly, About ranks. Despite their epaulets and duties to wear uniforms at official receptions, prosecutors do not have special ranks, and are simple Federal Civil Servants! The military ranks of Justice and the military registration specialty of a legal profile have so far only employees of the military prosecutor's office, but there are very few of them! The majority of prosecutors, including the Prosecutor General of the Russian Federation, have class ranks established by the Regulations on Class Ranks of Prosecutors. (Article 41 of the Law on the Prosecutor's Office) State civil servants are assigned in accordance with the legislation "On the State Civil Service of the Russian Federation" Class ranks of the civil service in accordance with the civil service position to be occupied within the group of civil service positions. (for a Senior Specialist of 1,2, and 3 categories, the class rank will be “Referent of the state civil service of the 3rd class”, correlates with the military (special) rank - ensign. But even despite the successfully passed qualification exam and, accordingly, the assigned class rank, Uniform and epaulettes of this category of employees of the Prosecutor's Office are not provided. higher education most likely you will successfully pass the certification and be placed in the reserve of the Regional Prosecutor's Office for appointment to the position of assistant prosecutor. And if you have very good acquaintances, maybe you will immediately become an assistant prosecutor ...

- Lawyer's response:
  Firstly, the Service in the FSSP of Russia is a type of the Federal State Civil Service. Thus, the Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation” applies to all employees of the FSSP of Russia. Secondly, FSSP employees do not have any special, much less military ranks. Thirdly, in the FSSP of Russia, employees with a legal education are assigned the class ranks of justice, established by Decree of the President of the Russian Federation No. civil service, and the establishment by federal civil servants of monthly salaries for the class rank in accordance with the class ranks of justice assigned to them. Accordingly, employees who do not have a legal education are assigned class ranks of the state civil service, provided for by the legislation "On the State Civil Service". For a correct answer to your question, let's turn to the DECREE OF THE PRESIDENT Decree of the President of the Russian Federation of February 1, 2005 N 113 On the procedure for assigning and maintaining class ranks of the state civil service of the Russian Federation by federal state civil servants Clause 5 The first class rank of the civil service is assigned to a federal civil servant, not having a class rank of civil service. At the same time, in accordance with paragraph 22 of this Regulation, the class rank of another type of public service, diplomatic rank, military or special rank assigned to a federal civil servant at the former place of public service of the Russian Federation are taken into account. Clause 22 Upon admission to the civil service of a citizen of the Russian Federation who has a class rank of another type of public service, a diplomatic rank, a military or special rank, the first class rank of the civil service is assigned to him in accordance with the civil service position to be occupied within the group of civil service positions. If the specified class rank of the civil service is lower than the class rank of another type of civil service, diplomatic rank, military or special rank that the federal civil servant has, the federal civil servant may be assigned a class rank of the civil service one step higher than the class rank corresponding to the position of the civil service he is replacing , but within the group of civil service positions to which the position he occupies belongs. Accordingly, the position of the bailiff refers to " senior group positions" and corresponds to the first class rank "Lawyer of the 3rd class" or "Referent of the state civil service of the 3rd class", but given your special rank, you will be assigned a rank one step higher within the positions. That is, you will be assigned the rank of either a Lawyer of the 2nd class or a Referent State Civil Service Class 2. The maximum allowable rank provided for this position is Lawyer Class 1 or Referent State State Service Class 1. In short, according to the old shoulder straps, you retain the stars of a senior lieutenant.But with the introduction new form and distinctive signs established by the GOVERNMENT OF THE RUSSIAN FEDERATION dated July 26, 2010 N 540 ON UNIFORM CLOTHES AND SIGNS OF DIFFERENCE OF BAILIFFS AND OTHER OFFICIALS OF THE FEDERAL BAILIFF SERVICE In accordance with this NLA, Army samples are changed to State-civilian. And now the ranks of the Referent (Lawyer) 3 2 1 class will be correlated with the military rank of ensign, art. ensign, ml. lieutenant.
- Lawyer's response:
- Lawyer's response:
  The federal state civil service is the professional service activity of citizens in the positions of the federal state civil service to ensure the execution of the powers of federal state bodies and persons holding public positions in the Russian Federation. - paragraph 2 of Art. 5 of the Federal Law "On the system of public service of the Russian Federation" dated 05.27.2003 N 58-FZ , law and order, to combat crime, to protect the rights and freedoms of man and citizen. Such citizens are assigned special ranks and class ranks. - art. 7 of the Federal Law "On the system of public service of the Russian Federation" dated 05.27.2003 N 58-FZ )
  Civil servants
  Organizations cannot be a civil service in any way The State civil service of the Russian Federation (hereinafter also referred to as the civil service) is a type of public service, which is a professional service activity of citizens of the Russian Federation (hereinafter referred to as citizens) in positions of the state civil service of the Russian Federation (hereinafter also referred to as civil service positions ) to ensure the fulfillment of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation (including being in the personnel reserve and other cases) . 2. The state civil service of the Russian Federation is subdivided into the federal state civil service (hereinafter also referred to as the federal civil service) and the state civil service of the constituent entities of the Russian Federation (hereinafter also referred to as the civil service of the constituent entities of the Russian Federation).
  - Lawyer's response:
    Federal Law "On the system of public service of the Russian Federation" Article 5. State civil service , PERSONS HOLDING PUBLIC OFFICES IN THE RUSSIAN FEDERATION AND PERSONS HOLDING PUBLIC OFFICES OF THE SUBJECTS OF THE RUSSIAN FEDERATION. 2. Federal state civil service - professional service activities of citizens in the positions of the federal state civil service to ensure the execution of the powers of federal state bodies and persons holding public positions in the Russian Federation. 3. State civil service of a constituent entity of the Russian Federation - professional service activities of citizens in the positions of the state civil service of a constituent entity of the Russian Federation to ensure the execution of the powers of a constituent entity of the Russian Federation, as well as the powers of state bodies of a constituent entity of the Russian Federation and persons holding public positions of a constituent entity of the Russian Federation. Article 10. Civil servants 1. A federal civil servant is a citizen who carries out professional service activities in the positions of the federal civil service and receives a financial allowance (remuneration, allowance) at the expense of the federal budget. 2. The state civil servant of the constituent entity of the Russian Federation is a citizen who carries out professional official activities as the state civil service of a constituent entity of the Russian Federation and receives the monetary maintenance (remuneration) at the expense of the budget of the corresponding constituent entity of the Russian Federation. In cases stipulated by federal law, a state civil servant of a constituent entity of the Russian Federation may receive a monetary allowance (remuneration) also at the expense of the federal budget. 3. The employer of a federal civil servant is the Russian Federation, a state civil servant of a subject of the Russian Federation is the corresponding subject of the Russian Federation. 4. Legal status(status) of a federal civil servant and a civil servant of a constituent entity of the Russian Federation, including restrictions, obligations, rules of official conduct, responsibility, as well as the procedure for resolving conflicts of interest and official disputes, is established by the relevant federal law on the type of public service. In accordance with this law, a teacher of higher, secondary, professional or general education educational institution cannot be a civil servant because he is not entitled to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, etc.

State policy is called upon to implement management personnel, the administrative apparatus, civil servants, personifying state power. The apparatus forms the political power it serves. Civil servants employed in the apparatus carry out their professional duties in accordance with the position held.

Whatever the essence social order The effectiveness of the state depends primarily on the work of the state apparatus. Therefore, high demands are placed on civil servants everywhere by society, special codes of command of civil servants are adopted. Employees of the apparatus must understand their purpose, feel involved in solving current and future problems, work honestly for the benefit of the employer, i.e. state, people, which means: to accurately and timely execute laws, decrees, resolutions, court decisions, to achieve compliance with executive discipline wherever the interests of the state, the rights of citizens are affected.

In the West, two systems of public service are used: a) personnel, b) contract. The personnel service involves a long-term (up to a lifetime) stay in the civil service with submission to the requirements of the status. For example, in Germany, France, an official cannot be dismissed, only transfer to another place is allowed. Contract civil servants are close to ordinary hired workers, they are, in essence, managers, and their boss is the state represented by some body. Their transition from civil service to business and back is free. Contract service is typical for the USA. However, even here there is a list of posts from which the new president has no right to dismiss.

Civil servants are subject to qualification requirements for the level of professional education, length of service and work experience in their specialty, knowledge of the constitution, laws and other legal acts in relation to the performance of relevant official duties.

public service in Russia is professional activity to ensure the execution of the powers of the Russian Federation and the subjects of the Russian Federation, federal authorities and authorities of the subjects of the Russian Federation, other state bodies of the Russian Federation and subjects of the Russian Federation, as well as persons holding public positions for the direct execution of the powers of federal state bodies and state bodies of the subjects of the Russian Federation. A citizen who performs activities in public service positions is a public servant. Civil servants work on the basis of a service contract, not an employment contract.

The civil service system includes civil, military and law enforcement services. The civil civil service is subdivided into the federal civil service and the civil service of the constituent entity of the Russian Federation. Military and law enforcement are types of federal public service.

The construction and functioning of the civil service system are based on the principles of federalism, legality, priority of human rights and freedoms, equal access of citizens to civil service, openness, professionalism and competence, public control.

Civil service positions are distributed by troupes and categories. Those who serve in the federal civil service are assigned class ranks, diplomatic ranks, military and special ranks, and civil service of the subjects of the Russian Federation - class ranks. The ratio of posts is determined by decrees of the President of the Russian Federation. The Register of civil service positions is compiled separately for the Russian Federation and the constituent entities of the Russian Federation. In state bodies, positions that are not civil service positions may be provided. The activities of employees in such positions are regulated by labor law.

The employer for the federal civil service is the Russian Federation, for the civil service of the subject of the Russian Federation - the subject of the Russian Federation. Regulations qualification requirements for citizens to fill public positions are approved. Vacancies in the civil service will be filled by competition. Citizens can enter the civil service under a contract concluded for a fixed or indefinite period, the period of study or after its completion.

There are restrictions on activities related to the public service. A civil servant may not:

engage in other paid activities, except for pedagogical, scientific and other creative activities, as well as entrepreneurship personally or through authorized persons;
be a deputy of legislative (representative) bodies of state power, bodies of local self-government;
receive royalties for publications and performances as a public servant, remuneration from individuals and legal entities(gifts, loans, etc.) related to the performance of official duties;
take part in strikes;
use his official position in the interests of political parties, associations;
use for non-official purposes means of technical, financial and information support, other state property;
be a member of the management body of a commercial organization, unless there is a corresponding decision of the competent state body.

A civil servant is obliged to transfer to trust management for the duration of the civil service the shares (blocks of shares) in his ownership in authorized capital commercial organizations; submit to the tax authorities information on the income received by him and the property belonging to him by right of ownership, lying around the objects of taxation.

A civil servant, on the one hand, is limited in his activities by existing norms, and on the other hand, he must show initiative, flexibility, and be able to adapt to changing priorities in the political arena. He participates in the development of policy decisions, helps politicians to determine its possible results, acts as an expert, informing about the level of knowledge in this area, adapts strategic goals to decisions at the middle and lower levels, coordinating them with new political directions, organizes the implementation of decisions, adopted at the level of big politics, embodies them in concrete documents.

In order to ensure equal rights for citizens in accordance with their abilities and vocational training access to the federal civil service, the filling of vacant positions of federal civil servants is carried out on the basis of competitions.

The decision of the competition commission is the basis for the appointment of the candidate - the winner in the competition for the relevant position. The decision on the results of the competition is issued by order of the state body.

To stimulate the improvement of the qualifications of civil servants, their certification has been introduced.

The head of the state body, taking into account the results of the certification, makes a decision to promote the employee in the position, to assign the next qualification category, to change the allowance for special conditions of service, to include the employee in the reserve for promotion to a higher position. If an employee is recognized as not corresponding to the position to be occupied, he is sent for advanced training or, with his consent, is transferred to another position.

Subjects of the Russian Federation and municipalities are guided by the same provisions in the certification of employees of state authorities and local self-government.

Qualification requirements for federal civil service positions, which are the basis for holding competitions for filling vacancies and attesting personnel, are developed by the Council for Civil Service under the President of the Russian Federation.

There are about 1,130,000 state and municipal employees (without law enforcement agencies) in the country, of which 400,000 are federal, and the rest are in the regions and local bodies. In turn, federal employees are employed: in the central office - 30.3 thousand people, in territorial bodies - 382 thousand people. Compared to the USSR, the number of staff has increased significantly, but remains much lower than in developed countries. The table provides comparative data on the number of employees of federal executive bodies.

The share of civil servants in the employed population is, %: Russia - 1.7; USA - 15; Germany - 13; Japan - 8.8; France - 22. But it should be borne in mind that, for example, in Germany, teachers are civil servants, but in Russia they are not.

Each body of state power has its own apparatus of employees, designed to ensure its activities. The apparatuses of all branches of government constitute a single state apparatus, which has several hierarchical layers: departments, administrations, secretariats. Within departments and departments, departments are created that can also function as independent units.

When forming a specific management apparatus, various approaches are used: functional (for specific tasks); professional (taking into account professional suitability); technocratic (freedom from political predilections); fractional (taking into account group quotas). Depending on the level of management, preference is given to one or another approach. There are also management functions (analysis, forecasting, proactive response, the ability to implement what is planned) and technical support (new management technologies, computerization, informatics).

In order for the apparatus to work confidently, quantifiable and clear requirements for the competence and psychological qualities of employees are being developed; instructions that determine who, at what level, what makes a decision; criteria for evaluating the activities of departments and officials; document flow. The work of the apparatus is evaluated primarily by the number of new ideas, sound proposals and promptness in resolving issues.

Decree of the President of the Russian Federation of August 12, 2002 No. 885 approved General principles official behavior of civil servants. They are designed to increase public confidence in state institutions, to exclude abuses in the civil service in the performance of official (official) duties, to deepen the awareness of civil servants of their responsibility to the state, society, and citizens. Civil servants must give priority to state interests, be professionals, conscientiously perform their official duties, be independent from any professional and political groups and organizations, and have high moral and moral qualities.

A civil servant does not allow the influence of personal interests on the performance of official duties, political parties on his official activities, avoids conflict situations capable of damaging the reputation or authority of a public body; refrains from public speaking, judgments, assessments regarding the security of state bodies, their leaders, if this is not part of his official duties. A civil servant is obliged to recognize, observe and protect the rights and freedoms of man and citizen. Every citizen has the right to receive, and civil servants are obliged to provide him with the opportunity to familiarize himself with documents and materials that directly affect his rights and freedoms.

State power is everywhere a privilege, but not everywhere it is used for its intended purpose; history is full of examples of the presence of the most negative personal qualities in those in power. Therefore, there are special requirements for senior leaders. Higher positions can be occupied by people of any profession, since professionalism is required here not in a specific profession and not in political or economic experience, but in terms of a combination of qualities.

The ability for selfless service to the common cause is proved by all previous life and activity. The nomination should be logical based on the results of previous work, understandable and natural, supported by political weight and authority. These qualities should be considered as the most important, they cannot be compensated by anything, without them one cannot succeed, even with the energy of youth.

In the US, for the selection of senior civil servants, a special model is used "The Core Qualifications of Senior Managers". A candidate for a high position must meet the criteria of this model. He fills out a special form, where he reflects his activities and its results. Special Council checks his competence and gives an opinion.

Adopted laws on the ethics of federal officials. In particular, they are prohibited from:

participate in political activity other than voting in elections;

to lobby in any form during the period of public service and for a certain time after leaving it;

receive money for the performance of official duties from any source other than the US government;

have financial interests that conflict official duties, use official information to satisfy them;

receive compensation for representing someone's interests. in addition to official, their own as a private person, the interests of close family members;

use your office for personal gain;

accept gifts for the performance (non-performance) of their duties (it is allowed to accept a gift from one source in the amount of up to $ 20, but not more than $ 50 from one person per year).

The Code of Ethics for Government Service requires serving the public interest, displaying personal high moral character, striving for professional excellence, maintaining ethical standards in the organization. Every person in the public service must place loyalty to high moral principles and to the state over loyalty to individuals, parties or public bodies; support the constitution of the country, laws and regulations of the state, authorities and not support those who evade their implementation.

The Soviet personnel policy was extremely tough, demanding unquestioning obedience to official duty and the interests of the state. The slightest manifestations of even attempts to put personal interests above the common ones were mercilessly suppressed, regardless of official rank. The nomenclature principle of selection of personnel for all levels of government and management was applied. It was impossible to go to more high level without going through all the previous ones. As a rule, it was impossible to become a secretary of the regional committee of the CPSU, to persons under 45 years old, and secretary of the Central Committee of the CPSU - 50, minister - 55 years. This guaranteed a quality selection according to criteria that are obvious and convincing to everyone.

The backbone of the staff was made up of nominees, i.e. socially reliable, having passed all stages of administrative or economic management people. Control over the work of the state apparatus was carried out by party committees, which excluded random people from getting into responsible positions (friendly relations could play a role only with other things being equal). The work of a civil servant was prestigious and highly paid. Very stimulating opportunity career advancement, especially in connection with the move from the region to Moscow. The transition from a successful enterprise to an ordinary position in the ministry was considered the crowning achievement of a career.

With the collapse of the USSR, the status of the civil service dropped sharply, the personnel policy changed radically, and the system of training and distribution of personnel collapsed. Up to 2000 from organs government controlled qualified professionals left. As a result, decreased professional level civil servants. Random people ended up in responsible positions that allow them to manage huge resources. The state turned out to be uncompetitive in the market of qualified managerial labor. Specialists, having worked for 2-3 years in the device and installed useful links, went to pre-prepared firms.

The main reason was the low wages in the entire public sector and the public sector as a whole, although it is difficult to find a rationale for why wages here must necessarily be lower than in the private sector for work of equal value. There should be no difference in the manufacturing sector. State-owned companies live according to the laws of the market. To manage them, the state hires managers who do not care what owner they work for. For example, in France, the largest state-owned companies Gaz de France and Electrist de France are managed in this way.

A similar situation in the main industries social sphere, for example in education. The remuneration of a teacher in private and public schools cannot differ significantly for objective reasons.

With the adoption of new legislation, the situation with respect to civil servants is changing in better side. The Civil Service Law introduces political positions, which include ministers and their first deputies. Applicants are appointed to these positions, competitions and contracts are used for other positions. The role of bonuses and allowances sharply increases in the remuneration of civil servants; they can exceed the actual salary and are paid for specific achievements. Another incentive is career prospects, and the package of social benefits (medical care, pensions) is also preserved.

To protect a civil servant from the subjective attitude of his department towards him, the practice of recruiting personnel through a career personnel service, the appointment of political leaders by top management is being introduced. Service standards are being introduced in state institutions that regulate the activities of officials. To limit the scope of administration, the permissive principle is replaced by the declarative one, which makes it possible to minimize the dependence of legal and individuals from the willfulness of dishonest officials. Introduced administrative courts where citizens can resolve disputes with government agencies.

A planned start has been introduced into the organization of training and retraining of personnel. The Government of the Russian Federation approved the state training plan management personnel for National economy. 5,000 people are planned to be trained in higher educational institutions every year. Financing is carried out at the expense of federal, regional budgets, organizations. citizens. The functions of the state customer and control over the implementation of the plan are assigned to the Ministry of Economic Development of Russia.

The state order for professional retraining and advanced training of civil servants of federal executive bodies is also being approved. It is formed on the basis of applications from federal executive authorities. The generated draft order is submitted to the Government of the Russian Federation for approval. federal Service for Labor and Employment is the state customer of works and services for scientific, methodological, educational, information support of the state order. Funds for the execution of the order are allocated by the Ministry of Finance of Russia.

A gross violation of discipline in the public service system is the failure to comply with laws, decrees of the President of the Russian Federation, court decisions that have entered into force. It can manifest itself in violation of the procedure for applying norms and deadlines, establishing procedures for the implementation of citizens' rights that are not provided for by regulatory legal acts, and distorting the content of acts.

The heads of the federal authorities and the heads of the executive authorities of the constituent entities of the Russian Federation bear personal responsibility for the state of performance discipline. They are obliged, in particular, to consider communications in the media no later than three days mass media about violations by subordinates officials and employees of laws, decrees, non-execution by civil servants of laws, decrees, court decisions. The results of the review must be sent to the relevant media no later than two weeks from the date of publication.

The laws of the Russian Federation “On Appealing to Court Actions and Decisions Violating the Rights and Freedoms of Citizens”, “On the Fundamentals of the Public Service of the Russian Federation” act as guardians of the interests of citizens.

When appealing to the court against actions that violate the rights of a citizen, state bodies, civil servants, other organizations and persons whose actions are being appealed are obliged to document the legality of the actions being appealed; the citizen, in turn, is obliged to prove only the fact of violation of his rights and freedoms. Having established the validity of the complaint, the court determines the measure provided for by the Law "On the Fundamentals of the Public Service of the Russian Federation" and other laws. Responsibility can be assigned both to those whose actions are recognized as illegal, and to those who provided information that became the basis for illegal actions.

AT Civil Code The Russian Federation established that the harm caused as a result of illegal actions of state bodies is compensated at the expense of the treasury of the Russian Federation or a constituent entity of the Russian Federation. On behalf of the treasury, the relevant financial authorities (the Ministry of Finance of Russia) act.

To fight corruption, the number of state functions, where an official can make a decision at his discretion, as well as technical and service functions are removed from the state apparatus, i.e. denationalize. This goal is served by a system of electronic administrative regulations that allow formalizing a set of documents when preparing documents. possible solutions and control over their implementation. For this purpose, a map is drawn up in the department, which indicates the functions and powers. Sets the document movement route. If there is a deviation from the route, then the “alarm system” is triggered on the control panel at the head.

The public service is coordinated by the Personnel Policy Department of the President of the Russian Federation. The Department participates in the formation of a personnel reserve for filling government positions, the appointment to which is carried out by the President of the Russian Federation; studies the personnel situation in the executive authorities; provides personnel policy President of the Russian Federation in the subjects of the Russian Federation.

Management prepares and presents Required documents on the issues of appointment by the President of the Russian Federation to public positions of the Russian Federation, public positions of the federal public service, assignment by the President of military ranks of higher officers, higher special ranks, diplomatic ranks, qualification ranks and class ranks.

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Legal advice under Art. 8 of the Law on the system of public service of the Russian Federation

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