Officer: duties, activities, authorities

A person who, according to the elections or by appointment, is constantly or temporarily carrying out the activity of a representative of authority in state institutions, organizations, enterprises, as well as in parties and public positions, performing administrative, organizational, administrative or economic duties, is an official. That is, this is a person with special powers.

On the territory of the Russian Federation

Articles of the Criminal Code of the Russian Federation define an official as a person endowed with the functions of a representative of authority and exercising them in the administrative, organizational, economic or administrative areas of state bodies, as well as in local self-government, municipal or government agencies or corporations, in the Armed Forces of the Russian Federation and other military units.

Public positions are only those established by the Constitution of the Russian Federation and federal laws for the authority of state. organs. An official holding public office in the constituent entities of the Russian Federation is a person who occupies the position established by the constitutions or charters of these constituent entities. That is, these people directly exercise all the powers of state bodies.

Interim duties

Employees of state bodies and local self-government of those who are not given the authority of officials are not considered in this article. They even bear criminal liability only in those cases that are expressly provided for in the relevant articles. However, if a person carries out representative power functions even temporarily or is specially authorized to do so, which means that he is vested with administrative powers in the law, then in case of an administrative offense he will also bear criminal liability.

This also includes an official who performs administrative-administrative or organizational-administrative functions in all bodies and organizations, including the RF Armed Forces. Even temporarily performing duties, a person is endowed with authority, and therefore must be responsible for his actions.

Responsibility of officials

Managers committing administrative offenses in the performance of their duties bear primarily administrative responsibility. The officials of the Russian Federation to which this applies: members of the supervisory boards and boards of directors, boards, directorates, audit, liquidation and counting commissions, are legal entities, as well as heads of organizations with the powers of the sole executive bodies. The same applies to functionaries from competitive, auction, quotation commissions, which are created by the municipal or state customer or the authorized body.

Entrepreneurs who have not formed a legal entity but have committed an administrative offense also bear the same administrative responsibility, unless otherwise provided by the Criminal or Civil Code of the Russian Federation. Inadequately fulfilled duties of an official and the effectiveness of executive functions do not fall under the concept of an administrative offense if no damage has been done, however, normative and legal acts have been developed with regard to evaluating the performance of management activities. This should be discussed more broadly, since very often the press mentions certain crimes committed by a particular former official.Random people often fall into the apparatus of state power, and to prevent this from happening, a real mechanism is needed to evaluate the activities of each official.

Evaluation Mechanisms

First of all, we need a detailed analysis of the activity in order to consider official performance of officials by target performance indicators. For this, criteria must be defined for evaluating all levels of professional training and personal qualities that are necessary for the official activities of an official at the appropriate level of the managerial hierarchy. Also, regulatory legal acts should be regulated, where the objects of performance management are distinguished for each of the management levels.

The analysis also includes the typologization of the work carried out in divisions - in terms of content, by their recipients and by main results. And so, each decision of the official on those functions that were assigned to them by subordinate units. The nature of the performance of the units must comply with their responsibilities. The developed system of criteria for assessing performance indicators is extremely important, but it has only been tested, recommendations of a methodological nature for implementation have been prepared. Perhaps in the near future the actions of the official will indeed be controlled more strictly than this is happening now.

Government bodies

Officials ensure a justified, expedient, fair prosecution of lawbreakers and the imposition of administrative punishment. To this end, a circle of state bodies has been defined (these are the officials) who are authorized to conduct cases of administrative violations. The system of these bodies is built on territorial and sectoral principles, and therefore it is characterized by the heterogeneity of subjects.

For example, sixty diverse oversight bodies and inspections examine precisely administrative offenses, of which, judging by the new Code of Administrative Offenses of the Russian Federation, there are more than four hundred species. For consideration, there are fifty types of ATS cases, which include the operation of transport, and in general traffic, and the protection of public order. There are such governing bodies where many officials have the right to consider administrative offenses, and in the ATS only heads and deputy heads.

Distribution of rights

In addition to the leaders and their deputies, the following officials may penalize and generally consider cases of violations:

• The head (deputy) of the traffic police department (department), the commander of the traffic police unit, his deputy, the state traffic inspector and traffic police officers with special ranks.
• District police officers.

The head of the police department and his deputy may consider the following cases:

• petty hooliganism;
• drinking alcohol in public places;
• drunken appearance;
• violation of traffic safety rules and the use of vehicles;
• violation of the rules of stay in the border zone;
• a lot others.

Administrative misconduct is also single-handedly examined and resolved by internal affairs bodies. The power of an ATS official is not unlimited, but it acts quite widely in all spheres of public life.

Authorized bodies

The legislation established that the case of an administrative offense should be considered in court. Which official has the right to decide it?

• World judge. These are justices of general jurisdiction, and they can be entrusted with any case that does not contradict the law of the justices of the peace, but only within the territory of their sector, which is determined by local legislative bodies and where the population does not exceed thirty thousand people. In other words, this is a judge to resolve purely everyday issues (for divorce, for example).Also, in the first instance, the magistrate decides those criminal cases where punishment for more than three years in prison is not provided. Civil cases are dealt with on an exact list.
• Juvenile Commission. These commissions also work at the place of residence, and their competence is also determined in accordance with the legislation of the Russian Federation. Nevertheless, they prevent neglect, homelessness, offenses and antisocial activities of minors, identify and eliminate the causes and conditions that contribute to this. The commissions also protect the rights and interests of minors, and carry out social and pedagogical rehabilitation of children and adolescents in socially disadvantaged situations, especially those associated with the use of drugs and psychotropic substances. The duties of such commissions also include the performance of many other functions: to identify and suppress the involvement of minors in antisocial activities, for example.
• Executive bodies authorities of the constituent entities of the Russian Federation.
• Collegial bodies - administrative commissions.
• ATS.
• Tax and Customs, military commissariats, border services, as well as many other officials.

Officials system

Officials of the Russian Federation are either federal or state authorities. Next, you need to determine the exact place where the civil servant performs official duties. This can occur in four types of organs of the state apparatus:

• Legislative (or representative bodies government authorities, for example, the Federation Council or the State Duma.
• Judicial authorities.
• To the prosecutor’s office.
• Executive authorities.

All state. employees have qualification categories according to the results of certification or exam. Thus, the following posts are filled:

1. The highest posts are rank 1, 2, and 3 class. A full-fledged state adviser is the head of the executive branch of federal authorities, a senior employee in the government apparatus and so on.
2. The main posts are the same, but a state adviser. For example, such is the referent of the president.
3. Leading positions. The adviser category is also in three classes. With such qualifications, you can be an expert expert.
4. Senior positions - Advisor to the civil service of one of the three classes.
5. Junior positions - referent of public service.

You can only become a full-fledged state adviser and just a state adviser at the hands of the president of the Russian Federation, the rest are assigned by the relevant state bodies. Different types of state. Services very often have their own qualification ranks, ranks and ranks, as well as class ranks. Most often, this is accompanied by the introduction of uniforms: the Armed Forces, the diplomatic corps, the prosecutor's office, the tax police, and so on.

Categories of officials

There are many reasons for the classification of state. employees by the legal criterion, that is, by the nature and scale of the powers with which they are vested. Any person who holds a position in a non-governmental or state organization is an official - this is a fact, and all attempts to suppress this natural understanding of the concept of an official limits the understanding of the category of “employee”. But the serving person is the very person who holds the position. Certain duties of officials, their scope, authority and rights contribute to a different classification of employees.

The federal law on public service describes in detail the duties and rights of employees, but does not say a word about the nature of the powers that arise from the very fact that this person has replaced a specific public position. And this is the main element of the legal characteristics, legal status, and in the position of the executive branch - administrative and legal too.Everyone knows that a real state adviser has more authority than a simple adviser of the Russian Federation, and their volume and significance are much higher. But this is not recorded in the characterization of discharges. So, in order to get a complete picture of the authority, you need to study job descriptions, and thus identify the differences between officials and civil servants.

Differences

There are many options for legal authority. One official, for example, has only a disciplinary official relationship - as a leader with subordinates. The other is beyond purely hardware relations, since it controls all subordinate subdivisions of the system - like a federal ministry or department. The third official addresses authority even to those who have no affiliation with him. And finally, there are legal and physical officials without authority of an authoritative nature, but by the nature of the service they are so significant that they lead to all kinds of legal consequences.

Differences in legal status also help to determine the types of officials in this plane.

1. Civil servants who directly implement the external powers of state. organs. First of all, this is the president - the highest official. This category of officials is endowed with the most significant powers and legally powerful, with the help of which they represent the country in all types of external relations. They are representatives of public authority.
2. Officials with intra-systemic powers that are directed to employees and subordinate bodies who are in official dependence. These are heads of institutions and enterprises.
3. Officials with powers aimed at ensuring the activities of state. organs. Their powers often do not have a legally imperious character, since they are associated with internal equipment work. For example, employees of a department of the government themselves cannot issue a legal act, but they can contribute to the fact that it will eventually be issued, since any order of the head of administration or a resolution of the minister will require all kinds of legal preparation, and this is what such employees do.

Today, all the top posts in different constituent entities of the Russian Federation are also named differently: the head of the Republic, the president, the chairman of the government, the governor (of the region, region, autonomy, cities of federal significance), head of administration, mayor. The position may be elected or held in connection with the appointment by the relevant authorities. Local governments, usually elected, are institutions established in accordance with the Federal Law, as well as the laws of the constituent entities of the Russian Federation or the charters of municipalities.