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The concept of municipal service, principles and legal status. Municipal law

The municipal service system is considered a complex socio-legal institution. It includes a certain set of norms. Municipal law governs prohibitions, restrictions, legal opportunities, responsibilities, duties of officials. It also establishes the order of origin and grounds for termination of the relevant relationship. Let us consider in more detail the concept of municipal service. concept of municipal service

general characteristics

Municipal law acts as a mechanism for implementing the tasks and functions of local authorities. To achieve the goals set for the institute, knowledge is used in various disciplines. Among them, in particular, administrative law, economics, political science, sociology and others. On their basis, the general theory of the institute under consideration is formed. The concept of municipal service reflects the common features inherent in this area in any developed country. To a large extent, the institute is integrated into the state mechanism. Within the framework of the emerging relationship, various functions are performed. All of them have national significance. Ultimately, the municipal service functions under the control of the central apparatus of power. In this case, the functions are performed exclusively by professionals.

The concept of municipal service

First of all, it should be noted that this activity is carried out on an ongoing basis. The concept of municipal service is revealed through its content, objectives and goals. They, in turn, are defined in normative acts regulating the functioning of local authorities. The key objectives of the institute under consideration include:

  1. Providing effective social services.
  2. The rational use of human, natural, economic resources of the Ministry of Defense through the self-organization of local associations and professional administration.

Carrying out their functions, each executive bears responsibility to the state and is accountable to the population. Municipal service successfully operates at the lower levels of self-government, showing independence in decision-making. The specifics of the tasks of the institute are determined by its purpose. It consists in ensuring the implementation of the powers of local authorities, which are vested in the relevant bodies with federal regulatory acts to resolve issues of territorial significance. municipal service law

Tasks

The municipal service in the Russian Federation functions to ensure the realization of the freedoms and rights of a citizen and a person in the territory of Moscow Region. This task is a priority, as enshrined in the Constitution of the Russian Federation. Organizational and legal support of the entire administrative cycle is also entrusted to local authorities. It consists of the preparation, adoption, formation of conditions for the implementation and monitoring of the implementation of the Charter of the Ministry of Defense or other regulatory acts adopted at the territorial level. At the same time, the Law "On Municipal Service" requires authorized entities to ensure compliance with the provisions of the Constitution and other legal documents adopted in accordance with it. In practice and in the process of norm-setting, the institute under consideration is called upon to defend the interests of the population of the Moscow Region. The municipal service should ensure interaction and cooperation of local authorities with state bodies, enterprises owned by the administration, as well as with other entities,carrying out economic activities and located on the territory of settlements, urban districts, etc. An important task is the optimization of socio-economic and other living conditions of the population, the satisfaction of its needs in each administrative unit. The transformations that are taking place in modern Russia also determine changes in the structure of local authorities. The offices of territorial bodies are being transformed into one of the key institutions of civil society.

The solution of territorial issues

Federal Law No. 25 "On Municipal Service" provides for the formation in the Moscow Region of an effective organizational and legal mechanism for the exercise of powers by the relevant authorities. This is necessary for the prompt resolution of territorial issues with the involvement of the local population. Such a statement of the problem is new to the entire structure of local government. This is due to the formation of a qualitatively new basis for municipal service. The rulemakers developed a concept that was legally consolidated. Currently, local government is considered as a form of realization by the population of their power. It provides citizens with decisions independently, at their own responsibility, directly or through authorized bodies of issues of territorial significance. This provision indicates the need to activate a direct form of local democracy. Therefore, regulatory provisions not only preserve the already established organizational mechanisms for the direct exercise by the people of their power, but significantly expand their number. At the same time, Federal Law No. 25 “On Municipal Service” imposes an obligation on authorized bodies and their officials to assist citizens in the exercise of their constitutional rights by themselves to independently resolve pressing issues of territorial importance. Of course, the above provisions should be specified not only in normative acts, but also through the active organizational activities of competent structures should be implemented in practice. municipal service municipal employee

Principles of Municipal Service

The normative acts set out the key areas of activity of authorized structures and their officials. Their study allows us to understand the directions in which the municipal service works. A municipal employee has a special legal status. Its activities are regulated by industry standards and the Constitution of the Russian Federation. The principles of municipal service are key ideas that reflect objective factors and determine the justified directions for the exercise of powers, the implementation of the tasks and functions of local authorities, and officials. Accordingly, they express the essence of the institution in question, its most important features. These ideas reveal the general nature of executive, administrative, administrative activity, consolidate it in norms. They determine the social value, the significance of the relations formed within the institute. In the absence of basic provisions municipal administration the service will be carried out unfairly, not in an organized manner. Moreover, the activity itself will entail red tape and arbitrariness. The Law "On Municipal Service" defines the following basic provisions:

  1. The supremacy of the Constitution and normative acts adopted in accordance with it.
  2. Priority of freedoms and rights of a citizen and a person.
  3. Independence of local authorities within their authority.
  4. Competence and professionalism of officials.
  5. Responsibility of employees for improper performance or non-performance of duties.
  6. Equal access of citizens to activities in accordance with the level of professional training and abilities.
  7. Publicity.
  8. Accountability.
  9. Stability of staffing. the basics of municipal service

Authorized staff

Municipal service is a public activity. Local authorities are not considered state. In this regard, the employees in them are not civil servants. This means that the activities of workers involve the exercise of the powers of territorial bodies subordinate to the Ministry of Defense. Accordingly, employees of structures receive salaries from the local budget. Municipal employees - citizens of Russia, occupying posts in the established manner, included in the staff of territorial administration bodies. Each employee has an appropriate qualification rank. As with other employees, an employment contract is concluded with them. The agreement establishes specific powers and functions, determines the amount of cash support. The state gives such citizens appropriate social and legal status. It is determined by federal and regional laws. It seems that the officials of local bodies in their status do not differ from employees of state structures. This conclusion follows from the fact that their duties, powers, responsibilities, the procedure for admission to the state and exclusions from it are the same. Along with this, there are separate mechanisms that govern municipal services. What positions are established in local structures? This issue is being addressed at the regional level and in the administration of the Moscow Region. municipal service management

Job specifics

The classification of duties in accordance with regulations is based on differentiation of definitions. Municipal office provided in the Charter of the Ministry of Defense, in accordance with regional law. It involves powers to resolve territorial issues and responsibility for their implementation. Municipal position is also considered to be in local government. They are also formed in accordance with the Charter of the Ministry of Defense. Employees are vested with certain responsibilities for the implementation and enforcement of the powers of the local authority, as well as responsibility for the performance of their functions. The post of municipal service is a regular place in the structures of the Moscow Region. The subject arriving at her is endowed with a circle of duties, they are entitled to the monetary content. Employees are responsible for the exercise of authority. The head of the MoD approves the staffing in accordance with the structure defined in the Charter.

Classification

Three categories of posts were established: "A", "B", "C". The criterion for differentiation is the level of proximity of the powers of individual entities to the competence of local authorities. The post of category "A" is established for the direct fulfillment of the duties of territorial structures. Such activities are considered to be closest to the powers of the relevant local authorities. Often, the competence of employees holding municipal posts and territorial structures, municipalities as a whole substantively coincide and are identical. Among the posts in this category, it is worth noting the heads of the Moscow Region, elected leaders of the administration, village council, village, etc. municipal service system

Controversial issue

In category "A" there is a position of a deputy of the legislative body. However, it must be said separately. The fact is that the status of municipal employees is incompatible with the deputy mandate. This rule does not apply to chapters of the MO. But a systematic interpretation of the norms allows us to eliminate the contradiction by which a municipal employee cannot be a deputy, and those with mandates, in certain circumstances, can occupy a position in local bodies. This provision applies only to specific structures. In particular, it applies to positions established in representative bodies and replaced on an ongoing basis. Moreover, they must ensure the direct implementation of the powers of the legislative institution.These can be dismissed deputies carrying out activities as chairmen of the State Duma, his deputies, heads of standing committees, etc. Moreover, the Charter of the Ministry of Defense, the rules of the representative body and other acts should stipulate the need to fill these posts exclusively with deputies.

Categories "B" and "C"

These include posts of municipal services. Employees of category "B" exercise authority related to the direct provision of the work of persons of level "A". These include assistants, consultants (advisers), press secretaries of the heads of the Moscow Region. The allocation of these posts in a separate category is determined by the specifics of the relationship between employees and heads of administrations. Regulatory provisions are based in this case on the legal ability of the heads of the Moscow Region to appoint necessary people to certain posts due to various circumstances. The head of administration, who took office for the first time, is free to choose personnel. This is due to the fact that the activity of a municipal employee of category "B" is limited to a certain period corresponding to the duration of the authority of the head of the Moscow Region. Thus, with the departure of the previous leader, the corresponding employees are also removed from their posts. Positions in category "B" are provided to ensure the implementation of the powers of local authorities. These include all other posts that are not included in the above groups:

  1. Deputy heads of municipalities, administrators, administrators of districts in the city.
  2. Heads of departments, chairmen of committees.
  3. Heads of village councils, towns, settlements.
  4. Deputy heads of departments, services, departments, deputy chairmen of committees, heads of sectors within the committees, press secretaries, consultants (advisers).what municipal services

Citizens entering positions of category "B" are enlisted in the state in accordance with an employment contract. It is for an indefinite or specific - five year - term. If the contract is signed for more than 5 liters, then it will be considered unlimited.


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