The internal affairs bodies play an important role in the functioning of the Russian state. This article will talk about the status of employees of bodies. What is the age limit for serving in the Ministry of Internal Affairs? Is there a special procedure for applying for a job or dismissing from service? All of these questions will be answered further.
The main provisions of FZ-342
FZ-342 is the main normative act in which all provisions relating to service in internal affairs bodies are fixed. What is a service in the Ministry of Internal Affairs of Russia? The answer to this question is given by article 1 of the law in question. According to the regulatory act, this is a state service of the federal level, which is a special activity of Russian citizens on a professional basis. In ATS, professional duties are performed by persons in various positions. The Ministry of Internal Affairs of Russia is led by a person who replaces a special position and exercises special powers on behalf of the state. The head of the entire structure has deputies.
The subject of regulation of the law is a number of legal relations related to the service in the Department of Internal Affairs. Such legal relations are regulated by the Civil and Labor Codes of the Russian Federation.
Naturally, the functioning of the entire ATS system is based on a number of special principles. What exactly is worth highlighting here? Article 4 states:
- on unity of command and subordination in the service of the internal affairs department;
- obligatory professional selection of employees;
- on the relationship of duties, limitations and powers;
- about the principle of legality and legitimacy.
The absence of at least one of these principles will entail the collapse of the entire system under consideration.
About ATS posts
Chapter 2 of the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation" describes the system of posts in the structure under consideration. According to article 6, all posts are formed by the executive branch of the Russian Federation in order to execute, organize and support the federal ATS, its regional divisions, in order to determine the powers of persons who fill public positions, etc.
There are five main groups of posts in the ATS system:
- The rank and file. It is worth highlighting justice or police officers at the ordinary level.
- Junior commanding link. These include junior and senior sergeants, warrant officers, senior warrant officers and foremen.
- The middle command. Here it should be noted junior and senior lieutenants, as well as captains.
- Senior management. This includes the colonels of the Ministry of Internal Affairs, lieutenant colonels, as well as majors.
- The highest commanding link. Here are the police or justice generals, colonel generals, major generals or lieutenant generals of the police department.
For each represented ATS officer, certain requirements are established. This will be discussed later.
About requirements to the persons who are replacing posts
Qualification requirements are spelled out in article 9 of the normative act in question. There are a number of requirements: on the level of education, on the length of service, on the availability of professional knowledge, on the state of health, etc. Most of the requirements are fixed in special job descriptions, which are mandatory for study by each individual employee taking up positions in the internal affairs department.
The requirements for the activities of rank and file and senior management are relatively simple. This is an investigation of criminal and administrative cases, conducting special examinations. If we are talking about higher ranks of the commanding staff, then it is necessary to single out more complex responsibilities, the presence of a long career and high-quality education.
Characteristics of the ATS officer
The legal status of an internal affairs officer is enshrined in article 10 of the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation". It says that such an employee is a citizen of the Russian Federation, who has assumed the responsibilities of serving in the police department. The employee has a special rank, indicating the ranking of the employee in the ranks of the commanding or rank and file, as well as a special token with a personal number.
Each police officer is legally endowed with a number of powers. What exactly is worth highlighting here? Article 11 states the following rights of serving citizens:
- the right to rest;
- the opportunity to get acquainted with professional regulations;
- the right to conditions that are necessary for the quality of public service;
- the right to receive a disability pension or upon reaching the age limit for service in the Ministry of Internal Affairs;
- the ability to receive cash allowance in a timely manner;
- the right to access certain secret state information;
- the right to quality protection of your personal data;
- some other rights enshrined in the considered normative act.
Thus, the law secures a fairly large number of rights for each employee in the system under consideration.
On the responsibilities of the police officers
Article 12 of the normative act under consideration provides the main responsibilities that must be performed by each ATS officer without exception. Here are some things to note here:
- the obligation to know and comply with the Russian Constitution, as well as other regulatory acts of the Russian Federation;
- the need to comply with the relevant job regulations;
- appeal on official matters to the immediate supervisor;
- the obligation to maintain their qualifications;
- Compliance with internal regulations of the internal affairs bodies;
- obligation to keep confidential all information relating to state secrets;
- obligation to protect state property;
- providing, in the manner prescribed by law, information on own income and expenses;
- Prevention of abuse of professional authority;
- the obligation to maintain the level of physical fitness to meet its qualification requirements;
- passing periodic checks for aptitude.
Naturally, police officers are required to perform a much larger number of functions. All of them are disclosed in the respective job descriptions.
About restrictions and prohibitions in ATS
Employees of the internal affairs bodies of the Russian Federation must understand how important and serious their service is considered. That is why a number of restrictions and requirements are legally applied to the persons under consideration. It is worth paying attention to article 13, which states that ATS officers must proceed from the principle of priority of human rights and freedoms, care and preservation of their honor and dignity, and respect and courtesy. Each employee must remember that their behavior complies with established standards.
According to article 14, the following persons cannot become employees of the internal affairs department:
- convicted persons;
- incompetent;
- not complying with health requirements;
- non-citizens of the Russian Federation;
- the age limit for service in the Ministry of Internal Affairs of which is significantly exceeded;
- not providing all the necessary documentation or providing knowingly false information about yourself, etc.
On appointment
If we are talking about the highest command, then the appointment to the post and dismissal from it should be carried out by the head of state, that is, the president.Persons belonging to the remaining constituent groups are appointed to the position by order of the Prime Minister or an authorized leader.
All ATS officers must be certified. Attestation is carried out in order to determine the conformity of a person to his position. Certification activities are allowed once every four years. Certification of an extraordinary type is also possible. It is carried out:
- when deciding on the transfer of an employee;
- upon decision to terminate the service;
- at the proposal of a senior official in certain cases established by law.
Applying for a position in ATS is a complex and very lengthy process.
About seniority
Every citizen who wants to leave a post in the internal affairs department must submit an application for calculating seniority. We are talking about pensions, namely the monthly payments established by the Government of the Russian Federation. What should be included in the length of service? 
Regardless of whether the employee was a police general, major, or an ordinary employee, article 38 establishes fairly general rules. Here it is worth highlighting:
- the period of filling a position in the ATS;
- secondment period;
- period of suspension of service in the internal affairs bodies;
- period of military service;
- period of exercise of judicial duties;
- term of replacement of public posts;
- training time (no more than five years);
- probation;
- some other periods established by the legislation of the Russian Federation.
Further, the terms of service will be disclosed in a little more detail.
On the terms of service for special posts
According to article 42, the following terms of service are established for persons with special ranks:
- rank and file sergeants - one year;
- sergeants - two years;
- senior sergeants - three years;
- warrant officers - five years;
- junior lieutenants - one year;
- senior lieutenants - three years;
- captains - three years;
- majors - four years;
- lieutenant colonels and colonels (justice, police or other internal affairs bodies) - five years.
The rules established by the considered regulatory act must not be violated. Each type of service includes recertification.
About termination of service
Article 80 of the normative act under review enshrines the rules according to which service in the internal affairs bodies can be terminated. The law indicates only two possible options:
- dismissal of an ATS officer;
- death or death of an ATS officer, as well as his recognition as missing.
Dismissal is possible only with the termination of the relevant contract for employment. An employee has the right to quit on the following grounds:
- expiration of a fixed-term contract;
- achievement by the employee of the age limit for tenure in the internal affairs bodies.
The contract can be terminated at the initiative of the employee, by mutual agreement of the parties, or in connection with changes in the conditions stipulated in the contract. Article 82 provides some further grounds for terminating the contract:
- on the recommendation of the certification committee - due to inconsistency of the employee of the position;
- for health;
- in connection with repeated violation of labor discipline;
- by length of service, which gives the right to retirement;
- in connection with expulsion from the relevant educational organization;
- in connection with the appointment to a public position of the Russian Federation;
- due to breach of contract;
- in connection with the conviction of an employee for a crime.
There is one more reason for termination of the contract, separately highlighted in article 82.1. We are talking about the so-called "loss of confidence."
On reaching the age limit for service in the Ministry of Internal Affairs
Section 88 of the law in question speaks of reaching the age limit. Here it is worth highlighting the following points:
- for colonel generals, this age is the border of 65 years;
- for lieutenant generals and major generals - 60 years;
- for colonels of police, justice or other police departments - 55 years;
- for all other employees - 50 years.
Thus, in order to become a pensioner of the Ministry of Internal Affairs, it is necessary to reach a minimum age of 50 years. Further, the contract is terminated and the employee quits.
About the order of dismissal
Separately, it is worth talking about the order of dismissal, fixed in article 89 of the law in question. The so-called submission should be drawn up for the employee who is leaving, which contains information on the grounds for dismissal, on seniority, on the state of health, etc.
The employee hands over the weapons assigned to him, separate documentation, a badge and a certificate. On the last working day, the boss gives the employee a work book. A citizen dismissed from the police department is also excluded from the corresponding register.