Federal Law "On Civil Service"

The Law "On Civil Service" 79-FZ formulates the organizational, financial, economic and legal foundations of this activity. The subject of regulation is relations relating to appointments to and dismissal from posts, as well as determining the legal status of employees and specialists. Let us consider in more detail the new law "On Public Service".

Some terms

State posts of the Russian Federation and constituent entities of the country are posts established in the Constitution and other normative acts for the direct exercise of powers at the federal or regional level. The representative of the employer is the head of the state structure, an entity replacing a state post, or a representative of any of them. They perform the functions of an employer on behalf of the Russian Federation or its region.

What is a civil service?

Law 79 defines it as a professional activity of Russian citizens in certain positions, aimed at ensuring the fulfillment of the powers of state federal and regional bodies, persons who are in relevant posts, including personnel reserve. Authorized employees, implementing their functions, are guided by a number of principles. The Law "On Civil Service" (latest edition) includes the following provisions:

1. Priority of freedoms and rights of a citizen and a person.
2. The unity of the organizational and legal foundations of activity.
3. Ensuring equal access for citizens who speak the state language of Russia to the civil service, as well as the same conditions for its passage regardless of race, nationality, gender, official or property status, place of residence, beliefs, religion, social affiliation and other circumstances not related to the business and professional qualities of the person.
4. Competence and professionalism.
5. Civil Service Stability.
6. Availability of activity information.
7. Interaction with citizens and public associations.
8. Security of civil servants from illegal interference in their activities.

Employee Rights

A civil servant is a citizen of Russia, who assumes the obligation to carry out the above activities. He performs his functions in accordance with the act of appointment and contract. For his work, a person receives remuneration paid from the regional or federal budget. The Law "On Civil Service" gives employees the rights to:

1. Providing the necessary organizational and technical conditions for the exercise of powers.
2. Acquaintance with the regulations and other documents that define the duties, rights for a replaced position, with criteria for evaluating the effectiveness of fulfilling his assigned tasks, performance indicators of professional activities and conditions of promotion.
3. Relaxation. It is ensured by creating normal working hours, providing weekends and holidays, annual holidays (paid basic and additional).
4. Wages and other deductions established in accordance with the law under consideration and other regulatory acts, as well as the contract.
5. Obtaining materials and information in the prescribed manner to fulfill the duties assigned to it.
6. Making suggestions for improving the activities of the state agency in which he works.
7. Access to information relating to state secrets protected by law, in the prescribed manner, if the performance of official duties relates to the use of such information.
8. Acquaintance with reviews regarding his professional activities and other materials with their subsequent inclusion in a private matter.
9. Access, in connection with the performance of duties, to state, regional, local authorities, as well as public associations and other organizations.
10. Acquaintance with your personal file, introducing written explanations and other documents to it.
11. Protection of information about him.
12. Job growth. Professional retraining, internship, advanced training in the manner prescribed by law.
13. Union membership.
14. Consideration of individual official disputes in accordance with regulatory enactments.
15. Checking on his application.

Social protection

A public servant may also count on:

1. Ensuring protection of his legitimate interests and rights, including appeal of their violation in court.
2. Health insurance.
3. Ensuring state protection of his health and life, as well as members of his family, the safety of his property.
4. Pension benefits.

Duties

The Law on Civil Service establishes a number of requirements for persons holding public office. In particular, the normative act provides for them the following duties:

1. Comply with the country's Constitution, constitutional and other normative acts, charters, regulations and other legal requirements, ensure the enforcement of their provisions.
2. Perform official duties in accordance with the regulations.
3. Execute orders received from the relevant leaders within the powers of the latter.
4. Follow legitimate interests and the rights of organizations and citizens in the process of fulfilling their duties.
5. Maintain the appropriate qualification level necessary for the exercise of their authority in accordance with the law.
6. Maintain confidentiality of information relating to state or other secrets protected by regulatory enactments, as well as data that became known to them in the performance of their duties, including those relating to the health and privacy of others or affecting their dignity and honor.
7. Ensure the safety of state property, including that provided for the exercise of their powers.
8. Provide in the prescribed manner information about themselves and their relatives, information about income received and property belonging to them by right of ownership and subject to taxation, as well as on obligations of a cash nature.
9. Report on the withdrawal from Russian citizenship or on obtaining citizenship of another country.
10. Comply with the established restrictions, fulfill obligations, and not violate the requirements and prohibitions established by the Law on Civil Service under consideration and other regulatory acts.
11. Notify the representative of the employer of individual interest in the performance of their duties, which may result in a conflict of interest, as well as take measures to prevent such a situation.

Illegal order

The Law "On Civil Service" does not allow the execution of orders that are not consistent with the rule of law. In the event that an instruction is received from the relevant manager that is, in the opinion of the employee, unlawful, he must justify this with reference to the provisions of regulatory acts in force in the country. An explanation of their position is carried out in writing. The rationale shall indicate those regulations that may be violated if this unlawful instruction from the management is executed. After that, the employee must request confirmation of the order, which is not consistent with the rule of law. If received executive obliged to refuse to execute it.

A responsibility

If an illegal order is executed, the manager who gave it and the employee who executed it may be held liable. The Law "On Civil Service" allows the application of civil, administrative, disciplinary punishment to those responsible. In some cases, criminal liability may apply.

Additional restrictions and obligations

The new Law "On Civil Service" prohibits persons in managerial positions from acting as representatives of employees in an elected union. This restriction is set to prevent conflicts of interest. All employees are required to undergo mandatory fingerprint registration in cases established by the Federal Law under consideration. The Law "On Civil Service" indicates that the procedure is carried out in the manner determined by the relevant regulatory provisions.

Posts

The Law "On Civil Service" of the Republic of Kazakhstan and the Russian Federation establishes that posts are established by the president of the republic and Russia, respectively. The positions of regional employees are established by regulatory acts of the constituent entities of the Russian Federation. When establishing the latter, the provisions of the document in question are taken into account.

Categories

The Law "On Civil Service" of the Republic of Kazakhstan and the Russian Federation establishes the following classification of posts:

1. Leaders. This category includes the positions of chiefs and their deputies in state bodies and their structural divisions, territorial departments of federal executive bodies, and representative offices. They are replaced for a specific period of validity of authority or without a time limit.
2. Advisers (assistants). These posts are established to assist entities that fill public positions, to heads of state bodies, territorial divisions of federal executive structures, and representations in the exercise of their powers over a certain period of time. The work of advisers is limited by the duration of the activities of these entities.
3. Specialists. These posts are established to ensure the professional performance by government agencies of the functions and tasks assigned to them. Specialists are appointed without limitation of terms of office.

The positions of auxiliary employees are established for informational, documentary, economic, organizational, financial, economic and other support of the work of state bodies. They are replaced without limitation of terms of office.