In Russia, approximately 1.5 million people occupy such positions. State guarantees for civil servants are regulated by the Federal Law of July 27, 2004 N 79-FZ.
As you know, power in Russia is divided into three branches: executive, legislative and judicial, each of which includes specific bodies - federal (central) or regional. People in such positions are in the civil service. Officials are guided by legal sources in carrying out their activities.
Federal Law
In 79-ФЗ "On civil public service" the main principles and working conditions in the power structures are fixed. Section 4 of this law lists the main ideas that guide public servants. This is professionalism, legality, competence, equality, focus on the protection of human rights, interaction with public organizations, access to information. The legislation also defines options for the formation of communication between the state and civil service. Employment obligations and conditions, seniority, state guarantees of civil servants should be taken into account. Monetary support of persons is provided at the expense of the regional or federal budget.
Rights and obligations of civil servants
A civil servant in the Russian Federation has certain rights. According to Article No. 14 of the Law, this is the right to rest, security, remuneration of labor, the right to familiarize oneself with the regulations, the right to protect information, to join trade unions, and more.
The employee also has some important responsibilities. Here it is necessary to highlight compliance with the rules and regulations on the work schedule, the performance of labor functions, taking into account the regulations, the execution of orders of the head, respect for state property, and the preservation of state secrets. As a result, if the organization’s requirements for the employee are not met, then the state civil servant is not guaranteed that his rights will be respected.
The number of responsibilities depends on the type of authority in which such an employee works. His work has many limitations. For example, in order to get a certain post, you need to have legal capacity. Some positions cannot be entered without a higher education. Official subordination to relatives and the presence of a second citizenship are prohibited.
Who is eligible for civil service?
Every competent citizen has the right to enter the civil service. Moreover, he must meet certain requirements, for example, the absence of a second citizenship, full command of the Russian language. Admission to the service is carried out on a competitive basis. At the same time, the professional training of candidates for power is evaluated. If the check shows the compliance of experience and knowledge with the established requirements, then the person will be accepted for service. The amount of experience and knowledge is evaluated by a special competitive commission.
Guarantees for civil servants: concept
Each state, in order to be governed and strong, must take care of officials - people who enforce government decisions.
The obligation of each country to provide the civil servants with the necessary social and economic guarantees implies the duty of a certain state body in which the official serves, to compensate for all costs associated with his activities.
Safeguards are understood to mean various types of monetary reimbursement of restrictions and additional costs arising from the performance by employees of their official tasks. In this case, the official is guaranteed, first of all, the reimbursement of the prohibitions, restrictions and requirements that are presented to him during the course of service.Compensating for the difficulties of such a state activity, they are called upon to balance the legal regime, providing employees with benefits and some advantages in comparison with other categories of workers.
Such guarantees are state-owned and they are established by the Federal Law of July 27, 2004 No. 79 (Ch. II). They significantly differ from other social protection measures of other categories of the population.
Types of Warranties
The law divides them into two categories - these are the main and additional state guarantees of civil servants. The former are intended for all categories of officials, the latter are those that are provided for workers of individual constituent entities of the Russian Federation or state bodies. The legislation also defines the functions and purpose of state guarantees for civil servants.
Basic Warranties
The main state guarantees of civil servants in the Russian Federation are:
- The right of an official to receive material content (timely and in full).
- Equal for all persons at work wage conditions.
- Optimal conditions of service that ensure the performance of official duties taking into account the job regulations.
- Rest official.
- Medical protection for the employee and his family members.
- Social insurance, which is compulsory, as well as payments on it in cases, order and amounts regulated by laws.
- Reimbursement of expenses arising from the transfer of the employee and his family to another location when transferring him to another government agency.
- Reimbursement of expenses associated with business trips.
- A civil servant is guaranteed protection of himself and his family from threats, violence and similar unlawful actions related to the performance by this person of his official duties.
- Pension benefits.
Additional privileges
Along with the basic guarantees provided for by federal legislation or legal acts of entities, additional guarantees may also be provided. The list of additional state guarantees to civil servants includes:
- The right to further training, retraining and internship with maintaining for this period of time a replaced position and financial content. Such a guarantee can be realized if there are certain reasons: appointment to another position in the order of career growth; inclusion on a competitive basis in the personnel reserve; according to the results of certification.
- The right to service transport, which is ensured on the basis of the performance of certain duties, depending on the position in the civil service. Compensation is also provided for the use of personal vehicles for official purposes, and the expenses associated with its use are also compensated.
- The right to fill another position in the civil service during the liquidation or reorganization of a government agency or after a reduction in the number of posts.
- A civil servant is guaranteed a one-time subsidy for the purchase of housing once for the entire duration of the civil service. This is done in a certain order and on the conditions that are regulated by law.
- Other government guarantees. This paragraph provides for the possibility of expanding the scope of additional guarantees for this category of workers.
Purpose and functions of state guarantees
The main goal of both the basic and additional guarantees of civil servants is to ensure their social and legal protection. The functions of such guarantees arise directly from their purpose. Thus, they are introduced for:
- providing social and legal protection;
- strengthening the motivation for the most effective performance of official duties;
- stabilization of the professional composition of the civil service;
- compensation for restrictions established by law for officials.
Official immunity
Under the law, a civil servant is guaranteed official integrity. The presence of this status allows you to protect them from involvement in criminal or civil prosecution. However, they are not exempt from liability if they commit criminal acts. They enjoy a guarantee of immunity during the entire period of exercise of their powers. The inviolability of a civil servant means that it is impossible to bring these officials to criminal and civil liability, as well as to apply severe administrative penalties to them, without the consent of the authority in which they serve. It should be noted that officials have immunity only until the term of their powers expires.
Social guarantees
One of the main objectives of the policy is to create the most effective system of social protection of civil servants. The presence of a strong legal and social protection of these persons creates the conditions for consolidation in the public service and the influx of the most conscientious and competent citizens.
The term "social security" means the diversity of relations between society and man, thanks to which the vital activity of citizens, the use and disclosure of their abilities are provided. Social protection of employees should not be limited solely to material support, but also take into account their self-esteem, psychology and recognition from the authorities, colleagues, society as a whole.
Social guarantees for state civil servants include compulsory social insurance for disability during the performance of their activities or illness, or the preservation of monetary allowance in case of temporary disability. Federal Law No. 79 establishes mandatory social insurance for officials in full.
The list of such guarantees includes:
- protection against occupational diseases and accidents;
- medical policy;
- disability or illness insurance;
- state pension provision;
- unemployment insurance.
Civil Servant Rest
The law defines the conditions for providing such a guarantee for a civil servant:
- the provision of weekends and public holidays;
- establishment of the duration of office hours;
- annual paid basic and additional holidays.
In addition, breaks during the working day, daily rest after the end of work and before it starts on the next day should be attributed to rest time.
The legislation also defines the duration of working hours - a civil servant is guaranteed no more than 40 hours a week with a 5-day work week. Weekends should be at least 42 hours. If the non-working holiday and weekend coincide, the latter should be postponed the next day after the holiday.
Vacation
The annual leave of a civil servant should consist of primary and secondary. The duration of the first depends on the category of posts being replaced. It is 30 days for senior, junior, leading categories of posts and 35 days for senior and major. Extra leaves are granted to civil servants for irregular working hours and length of service. Civil servants who fill the main and highest groups of posts and for which an irregular working day is established, are entitled to it. The maximum duration of the main and additional holidays should not exceed 40 and 45 days, depending on the category of posts.
Thus, one of the new safeguards measures for civil servants is to protect it from illegal acts. Their volume and level depends on his qualifications.