The assignment of a class rank to a public servant cannot be carried out just like that, on someone else's protection, without observing legal requirements. Any attempts to circumvent the laws and regulations governing this issue are discovered sooner or later. And then all the culprits are brought to severe responsibility, up to the criminal. All appointments and transfers must comply with Presidential Decree No. 113 of February 1, 2005. Assignment of class ranks to civil servants is carried out by decision of the relevant commission after a thorough and detailed study of the candidate’s biography and merit, characteristics from the place of work.
General Provisions
Under the state civil service refers to a certain kind of it. The employees of this department are entrusted with the duties of securing the powers of state bodies and people who fill high government posts. Any citizen of the state who has the necessary set of business, moral and ethical qualities can become a civil service employee. This person, of course, must be of legal age (eighteen years or more) and have excellent command of the Russian language.
Relations between employees and the state are regulated by a number of sectoral legislative acts. The relevant regulatory documents establish the rights of both the employee and the state, as well as duties, prohibitions, determine the responsibility of each participant, and so on.
The assignment of a class rank to state civil servants is an incentive for all categories of officials to improve their skill level and quality of work. And here the matter lies not only in financial gain (for classiness, certain salary premiums are provided). Among officials, the presence of a class opens up career opportunities.
The very concept of "cool rank" did not arise just like that, from scratch. Ever since the time of Tsar the Terrible, a kind of register of people who held high positions has been operating in Russia. Over time, the new rulers introduced their innovations. Already Peter the Great established fourteen grade classes.
After the revolution, everything that reminded of the tsarist regime in Russia was burned with a hot iron. Therefore, after 1917, the classiness of civil servants was abolished. But in 2004, the practice of class ranks was reintroduced into the public administration system.
In the system of public administration, the principle of maintaining class ranks when transferring an official from public administration to local government is valid. In such situations, the employee is assigned the rank corresponding to the previous place of work, without reassessment of knowledge and skills.
First class rank
Who has the right to sign an order to assign a class rank to a civil servant? It is impossible to give a definite answer to this question. Only the president has the right to make certain appointments, and even then at the proposal of the relevant competent authorities. Representatives of the highest group of posts are awarded this honor.
The government, led by the prime minister, is authorized to appoint a state adviser. These positions belong to the main group of official duties.
The assignment of a class rank to civil servants of lower groups (leading, junior, senior) has the right to carry out the employer himself (for example, the head of the district council). These posts are also divided into classes. The junior class is the third.
The first class rank can be assigned if and only if the civil servant has successfully passed the probationary period. In some cases defined by law, the trial may not be established. Then the assignment of the first class rank to state civil servants becomes possible only after three months from the date of appointment.
The law defines for some categories of employees of other departments a simplified procedure for assigning a rank. We are talking about employees of the Ministry of Foreign Affairs, the military, FSB officers and other law enforcement agencies. To such people, a class rank is assigned in accordance with the position held.
Awarding the next class rank to a civil servant
The reason and the necessary requirement for the assignment of the next rank is the necessary length of service in the previous position. Another important condition: the official must take up a position that requires an equivalent or higher level than is assigned to him. As practice shows, local leaders quite often ignore this requirement, promoting friends and relatives. However, more and more often, such frauds are revealed, and all persons who participated in this illegal scheme lose their posts (at best).
If an official check is carried out in respect of the applicant, or he is a defendant (suspect) in an open criminal case, then the promotion to the civil servant is unacceptable.
If an employee conscientiously fulfills his duties, has proved himself well, enjoys well-deserved authority among colleagues and civilians, then the law provides for the possibility of assigning such a class rank to such a person before the expiration of his previous term. But at the same time one very important condition must be fulfilled: the employee must work for at least six months, and the assigned rank cannot be higher than the corresponding position.
Dates for class awarding to civil servants
According to current laws, an increase in the class rank is possible only if there is a certain length of service in subordinate positions. Thus, the next assignment of class ranks to civil servants is possible only if the following conditions are met:
- the applicant has worked for at least 1 year with the rank of secretary or referent of the civil service of the third and second class;
- the applicant for the rank has worked for at least two years as an adviser to the civil service of the Russian Federation of the third and second class;
- The official worked for at least one year as a full state adviser.
The first class civil servant is the pinnacle of his career. Therefore, the duration of tenure in these positions is not limited by law.
The term of service begins from the day the class rank is appointed as a civil servant. It turns out that an official of the third class can go on increasing (assignment of the second class) only after at least one year from the moment of assignment of class.
The order of demotion and deprivation of class ranks
The process of demotion in the rank of inspector, or even deprivation (for particularly grave misconduct), may be initiated by the head of the personnel department. The decision is made by the direct management of the offender.
The procedure of depriving or lowering a representative of the highest level of power (state adviser) may be initiated exclusively by the President of the Russian Federation.
The final decision on the deprivation of the rank or on the demotion of the rank of state adviser to the civil service is made by a specially created commission.
The most common reason for depriving a civil servant of the rank is the initiation of criminal proceedings against him. Automatically, a civil servant loses his rank if he assumes the citizenship of another country.
However, at the same time, the employee does not lose the rank even in the event of resignation (except for dismissal for negative reasons). In such cases, the name of the rank is added: "Retired."
Conducting an exam for compliance with the post
The procedure for awarding class ranks of civil servants states that officials must pass a qualification exam. After this test, a specially created commission makes a collegial decision on this issue. This procedure is mandatory for those officials who apply for the positions of the leading and main groups (leader, specialist). At the same time, the fact of successful passing the test by the applicant for the vacant position of manager will not be enough. In this case, it is necessary to obtain the consent of the head of the state authority in which it is supposed to work.
Qualification Exam Organization Requirements
In accordance with the current legislation, the initiator of the test of civil servants for professional suitability can be both the official himself and the organization of federal significance (Rostrud). If you want to pass the exam, the employee submits an application in the name of his immediate supervisor in the prescribed manner. At least three calendar months must elapse from the time you submit the appropriate application to the exam.
This test is carried out in order to verify that the subject has the knowledge and skills necessary for the performance of official duties, to identify positive qualities and useful knowledge in order to possibly advance the employee on the career ladder.
The knowledge test procedure is mandatory for all officials without exception. Only those employees who have been working in the system for less than one year, as well as pregnant women, are exempted from passing the exam.
In case of satisfaction of the employee’s application for the examination with the aim of assigning a higher rank, the authorized body in the person of the head issues an order. This document indicates the time and date of the event, provides a list of officials who will conduct the test, as well as a list of documents that employees are required to provide.
The person designated as the person in charge of the event is required to ensure that each participant is notified at least thirty days before the date of the event.
Examination committee work
The obligation to organize and conduct a test at the proper level, without any violations on any side, rests with a specially created commission. Members of the commission carefully familiarize themselves with the characteristics and reviews of all applicants. This information must be provided no later than thirty days before the designated date of testing. A person who has to pass the test has every right to get acquainted with the review about himself. If he has any comments about the objectivity of the information provided about him, then he can make a corresponding statement and appeal the recall.
This exam is conducted as follows. The secretary calls the examiner into the meeting room of the commission. In his presence, the documents submitted by him are considered, questions of interest to members of the commission are asked.
The main task of all members of the commission is to assess the level of skills, knowledge and skills of the subject.At the same time, the requirements for civil servants and the complexity of the work ahead are taken into account.
After all participants have been heard, the commission is removed to make decisions on each. Based on the results, the commission may recognize that the employee successfully passed the exam and is worthy of promotion, or vice versa - the official did not pass the test.
The results are entered in the form of the established form. All documents (reviews from the place of work, the conclusion of the commission) are filed in the personal file of the official.
If an official did not pass the qualification exam for one reason or another, then he may six months later re-apply to the competent authority for his retake.
Do I need to take a qualification exam when concluding a fixed-term contract?
In accordance with the current legislation and labor law, in some cases, taking into account the category of the position, perpetual labor relations cannot be established with public servants. In such situations, labor contracts are concluded.
And despite the fact that the law initially provides for the conclusion of perpetual contracts with officials, the procedure for assigning class ranks to civil servants remains the same. In other words, regardless of how the employment relationship is formalized, officials are required to pass a qualification exam to assign a rank.
In what cases is an official tested by trial?
In accordance with the provision on the assignment of class ranks to civil servants, a test to test knowledge and skills is carried out when deciding on the appointment of an official to a new position and the appointment of another rank. This issue is submitted to the competent commission after a specified period of work of the employee in the previous position.
In addition, the test is carried out when the assignment of a class rank to a state civil servant is first carried out. Thus, all candidates without experience in the civil service are required to pass this test.
The procedure for assigning class ranks to civil servants requires a qualification test for the category of people who are promoted, and in order to carry out their professional duties at the proper level, they need to have a higher category (in accordance with accepted industry standards and norms).