Municipal service is a professional activity carried out on an ongoing basis. It does not provide for an elected appointment. Normative regulation of activities, requirements for municipal posts, features of the legal status of employees is carried out in accordance with Federal Law No. 25, the laws of the constituent entities of the Russian Federation, as well as the charters of the Moscow Region.
General principles
In Federal Law No. 25, the basic provisions of the organization of municipal service are established. This professional activity is based on the following principles:
- The supremacy of the Constitution, federal and regional legislation over other normative acts, instructions for the implementation by employees of their duties and ensuring their rights.
- The priority of freedoms and human and civil rights, their immediate effect.
- Independence of territorial authorities within their powers.
- Competence and professionalism of municipal employees.
- Responsibility of employees for failure to perform or improper performance of their duties.
- Equal access of citizens to the service in accordance with their professional training and abilities.
- The unity of requirements for activities in the Russian Federation, taking into account historical, cultural and other features of the territory.
- Social and legal protection of workers.
- Non-partisan activity.
Specificity
State and municipal posts exist in close cooperation with each other. This relationship is provided by:
- Unity of key qualification requirements.
- General restrictions and obligations in carrying out activities.
- Unity of requirements for vocational training, retraining, as well as advanced training for employees.
- Correlation of the basic conditions for calculating salaries and providing social guarantees, including pension provision for families in case of loss of a breadwinner.
Municipal government posts
The legislation indicates the key features of this category. First of all, it should be noted that the municipal position is provided for by the charter of the Moscow region in accordance with regional legislation. It involves the definition of authority to resolve issues of territorial importance, responsibility for their implementation. Municipal position is characterized by a strictly established terms of reference.
Important point
In the Russian Federation discrimination of citizens in access to municipal service is not allowed. When considering candidates, gender, race, religion, nationality, property status, origin, place of residence and other circumstances do not matter. Municipal employees are subject to the provisions of labor legislation with the specifics defined in Federal Law No. 25.
Features of the establishment
The list of municipal posts is determined by regulatory acts of territorial authorities. It is established based on the needs of a particular MO. The general register of municipal posts is approved by regional legislation. Posts can be established in it to directly ensure the exercise of the powers of elected persons. Such municipal service posts are replaced by signing an employment contract. It is concluded for the term of office of the indicated persons.
Appointment
A municipal employee is a category of employees who perform duties for a cash reward that is paid from budget funds. The procedure for carrying out professional activities is established in the charter of the Ministry of Defense in accordance with regional and federal laws. Persons over 18 years of age may be appointed to the posts of municipal service.
Qualification categories
Legislation provides for the certification or examination procedure that a municipal employee must pass. This is necessary to assign him a qualification rank. It indicates the conformity of vocational training with established requirements. Qualification categories, the rules for their assignment, preservation upon receipt or transfer of employees to other posts in the territorial authorities or state structures, as well as upon dismissal, are determined by regional legislation in accordance with the Federal Law.
The rights
A municipal position implies a number of opportunities for a citizen to replace it. In particular, employees have the right to:
- To ensure the proper organizational and technical conditions for the performance of their duties.
- Familiarization with documents defining their authority and responsibility.
- Remuneration of labor and other payments provided by law.
- Rest provided by the determination of the normal length of working time, the provision of holidays and weekends, annual holidays (main and additional).
- Obtaining materials and information necessary to exercise their authority.
- Making suggestions aimed at improving the activities of the territorial authority.
- Access to local authorities, public and other organizations in the prescribed manner.
Guarantees
A municipal position allows a citizen:
- Receive for familiarization personnel documents about him before including them in a private matter, attach written explanations and other papers to these materials.
- Require data protection about him.
- To undergo retraining, improve skills, move up the career ladder.
- Be a member of a union.
- Declare the need for an internal audit.
- Receive retirement benefits in the manner prescribed by federal law.
- Protect your rights and legitimate interests, including by contacting the courts.
- Receive medical insurance, protection of life and health, property.
Duties
Municipal position implies a certain responsibility of the citizen. In particular, it is established for failure to perform or improper performance of its duties. These include:
- Compliance with the constitutional provisions, legislation, the charter of the Ministry of Defense and other regulatory acts, as well as ensure their implementation.
- Maintain the qualification level necessary for the implementation of their professional activities.
- Respect the interests and rights of organizations and citizens in the exercise of their powers.
- Properly perform their duties.
- Observe the routine of the territorial authority.
- Not to disclose information constituting a secret protected by federal law, and information that has become known in connection with the performance of their duties.
- Report on the acquisition of another citizenship and renunciation of citizenship of the Russian Federation.
- Carefully relate to municipal property, including that provided for the performance of duties.
Limitations
Federal Law No. 25 establishes prohibitions for a municipal employee. A citizen holding a post in a territorial authority is not entitled to:
- Carry out other paid activities, except for creative, scientific and pedagogical ones.
- To be a deputy of the State Duma, the legislative body of the region and the Moscow Region, and other elected structures.
- Carry out entrepreneurial activity both personally and through persons entrusted to him.
- To be a member of the governing body of a commercial company, unless otherwise provided by law or if it is not instructed to participate in the administration of this organization within its competence.
- To act as a representative or attorney of third parties in the territorial structure in which he is an employee or to which is controlled / directly subordinate.
The legislation also does not allow the use for non-operational purposes of the means of material, technical, informational and financial support, other property, as well as information that has become known as part of the performance of their duties.