Who can be called a civil servant? This is an employee through whom the state performs its functions. Due to the high responsibility for civil servants, many requirements and obligations apply. Although, on the other hand, certain guarantees and rights are provided for them. In this article, we consider aspects of the activities of public servants: what principles they should be guided by, what restrictions are set for them and so on.
Regulations
The main laws that determine the procedure for the activities of state civil servants in the Russian Federation:
- 79-FZ. This law is regulated by questions on the organization of the service, legal aspects, financial and economic foundations of the civil service of Russia.
- 58-FZ. This federal law determines the procedure for all types of public service of the Russian Federation. Regulates the management of this system.
The preambles (introductory parts of these regulatory legal documents) stipulate that they operate in accordance with the Constitution of Russia. Law 79-FZ is a derivative of the 58th law, since it reflects questions specifically on the civil service - one of the branches of public service in Russia.
Definition
Who is a government civil servant? This is a person working and performing his duties in the public service. In other words, it performs the functions of the state, is a kind of representative of power.
In accordance with Law No. 79-FZ "On the State Civil Service of the Russian Federation", this may be a Russian citizen who has undertaken to perform labor activities in accordance with the official regulations in the civil service. Upon appointment of a public service employee, a document is issued - an order or an act - and a service contract is concluded. The source of wages for such employees are budget funds.
Unlike the military (army, law enforcement agencies), civil service is carried out in the executive bodies (ministries, committees, services), legislative (representative bodies) or the judicial branches.
Directions
If we consider the civil service in general, there are three types (in accordance with federal law No. 58):
- Civil service - is divided into federal or subject of Russia.
- Military service - can only be at the federal level. The main task of such bodies is the defense of the country and the protection of state security.
- Service of other types.
As mentioned above, the law on civil servants establishes the division of service at the federal or level of the subject of Russia. Based on this, the sources of monetary remuneration for labor are also different: from the federal or regional treasury.
There are 85 entities in Russia now. Among them are republics, territories, regions and districts, as well as three cities, which are separate entities and have federal significance. These include the capital of Russia Moscow, St. Petersburg, as well as Sevastopol. Each entity has its own legislative and executive bodies. These are ministries and departments, various committees and regional government bodies and administrations. There are also judicial institutions in the regions.
Principles
What principles should an employee be guided by? In 79-ФЗ on the state civil service eight basic principles are regulated:
- Workers should give the highest priority to the rights and freedoms of man and citizen. This principle is also indicated in article 2 of the country's Basic Law - the Constitution.
- The organization and legal regulation of the bodies of the federation and the subjects of Russia should be unified.
- All citizens of the Russian Federation who speak the state language - that is, Russian - must have equal access to civil work. At the same time, their national or gender, age, political beliefs and other circumstances and characteristics that are not related to their professional and / or business skills should not be taken into account.
- They must be competent professionals in their field.
- Stability - the principle of civil service, related not only to professional skills that ensure the smooth operation of the state apparatus. This principle is also used in relation to an employee, for example, in the event of a reorganization or liquidation of an organ.
- Information on the activities of public civil servants should be open and accessible for review.
- Civil servants are obliged to interact with citizens and various public associations of the country.
- The state must provide employees with protection against unlawful interference in their work.
The rights
Civil service personnel are endowed with rights that, in principle, are similar to the rights regulated by labor law.
Employees have the right to receive the necessary conditions for the proper performance of their job duties. Also, employees should be familiarized with the basic documentation that defines their rights, obligations and other criteria by which the effectiveness of their work will be evaluated.
Employees in the public service have the right to rest, which includes a statutory period of the working day with breaks, days off and holidays. Vacation also relies: both primary and secondary.
Salaries and other payments are calculated in accordance with the law on the state civil service and other regulatory documents and are indicated in the service contract.
If the official duties include working with information that is a state secret, the employee has the right to access them. In addition, the employee can apply to state and local authorities, other public enterprises, if necessary to fulfill their work obligations.
How does management respond about the employee and what are the materials of his personal file? A public civil servant has the right to know this, and must be notified of his activities. An organization that hires employees for the civil service holds a competition among applicants for the position. For promotion, already working employees can participate in it.
Workers have the right to improve their professional skills. Their rights and interests should be upheld by employers, including appeals through the courts. The law also establishes the right of public servants to health insurance and pension.
Here is such an extensive list of rights for a civil servant. Next, consider their responsibilities and limitations.
Duties
Along with rights, it is imperative that the following requirements are fulfilled by employees of the state civil industry:
- Comply with legal regulations of the Russian Federation — the Constitution, federal and regional laws — and ensure their compliance.
- To fulfill obligations under the regulation, including instructions from managers, within the powers and in accordance with the law.
- Follow the schedule established by the government agency.
- Job responsibilities should not contradict or limit the legal rights of Russian citizens or organizations.
- To fulfill labor obligations properly, the employee must have a high qualification level.
- Prevent the dissemination of information containing state secrets or other classified information.
- Economically and carefully treat state property.
- The duties of a state civil servant include providing information about himself and his family, which are specified in the law, including information on citizenship.
- Employees must not violate statutory prohibitions and restrictions. They are obliged to inform employers if circumstances arise that entail a conflict of interest, as well as corruption offenses.
Bans on public service
For workers in this industry, certain bans are set. For example, a state civil servant is not a businessman at all. He cannot carry out activities as an entrepreneur or manage companies whose main task is to make a profit (commercial organizations).
Also, they are not allowed to buy securities for which they can receive: shares, bonds and others, if this leads to a conflict of interest. Employees of government bodies are prohibited from accepting gifts or other rewards from individuals and legal entities.
Who can not be accepted for public office
Not every citizen can become a civil servant. So, there are some restrictions that may prevent entry to such a job:
- If by a court decision a person is legally incompetent.
- A criminal record that may impede service. So, candidates for the position must provide certificates from the Russian Ministry of Internal Affairs that they have no criminal record.
- If an employee refuses the procedure for providing access to information on state or federal secrets, and this information is necessary for the performance of official duties.
- If, after a medical examination, a person is found to have a disease that may interfere with employment. The list of such diseases is established by the Government of Russia. For example, candidates undergo examinations by narcologists and psychologists, take a blood test and more.
- The presence of close family ties is also a limitation for employment if relatives are under direct supervision.
- If a citizen acquires another citizenship or leaves the citizenship of Russia. In addition, they will not be hired if a citizen has a different citizenship, and this is not taken into account by an international agreement.
- If false and false information is provided.
- No income information was provided or if during the verification this data was invalid.
- In case of loss of trust during a conflict of interest or corruption.
- If the employee has not completed military service without a good reason for ten years.
- Other data that must be provided to the state body for service.
The regulation of these restrictions and their liability is regulated by the law on civil servants in Russia (No. 79-FZ) and other federal laws.
Job qualifications
In the public service in Russia, in accordance with Federal Law No. 58-FZ, class ranks are assigned to:
- Federal and civil servants in the constituent entities of the Russian Federation, as well as employees in municipalities.
- Law enforcement officer.
The ranks of state civil servants by law No. 79-FZ are classified into five categories (descending): highest, main, leading, senior and youngest. Each group has a rank of 1, 2 and 3 class and certain positions:
- the highest group is represented by real state advisers to Russia;
- the main ones are state advisers;
- Advisers to the state civil service of the Russian Federation are included in the leading group;
- senior - referents;
- the youngest are secretaries.
Wage
What does wages consist of? The salary of civilian employees is the salary that is the main source for their provision and an incentive for their work in their current positions. As indicated above, workers in this industry cannot engage in other income-generating activities.
Payment includes: salary of a civil servant plus monthly salary by rank plus other additional payments. The salary for each position is established by decree of the President of Russia. Also, this document regulates other allowances and monetary rewards, for example, for length of service or for work under special conditions and so on.
Pension
The following types of pensions for state civil servants are provided for in Russian law:
- by seniority plus insurance premiums;
- disability (if any).
Long-service pension payments are provided to federal and municipal workers who have a certain length of service (in the public service) and age. For employees in state bodies of subjects, pension payments are regulated by laws at the level of constituent entities of the Russian Federation. Mandatory requirements - achieving retirement age (women - 55 years old, men - 60).
If an employee has continuously worked in the public service for 16 years, in 2018 he is entitled to a pension equal to 45% of the average monthly income. It is worth noting that, in accordance with changes in the law on pension provision in Russia, seniority is increasing every year. So, in 2026 and in subsequent years, employees can receive a retirement pension only with an experience of 20 years in the public service.
Conclusion
A state civil servant is an employee in government - a federal, regional or municipal authority. Through them, government agencies exercise their powers in almost all sectors of life. To ensure that the state’s tasks are carried out efficiently, many restrictions and requirements are imposed on employees.
The composition of public service employees is uneven and varies greatly in functional responsibilities. Therefore, they are conditionally divided into groups according to criteria - class ranks - from the youngest to the highest group of officials.