During the reign of the USSR, the concept of "municipal authority" did not exist. At the local level, civil servants working in local government bodies worked. In the mid-90s of the last century, the formation of a system of local self-government began. It was during this period that the concept of “municipal authority” and “municipal servants” appeared, normative acts were issued enshrining the functions, rights and obligations of the latter.
general characteristics
Today, Law No. 25-FZ defines general concepts, restrictions and prohibitions associated with the municipal service. And the general principles and regulations of local authorities are determined by Law No. 131-FZ. In addition to these normative legal acts, the activities of employees of local authorities are regulated by charters, regulations, and job descriptions, which are adopted at the local government level.
In general, in Russian legislation, the term “municipal service” implies professional management activities that are related to administrative, executive, analytical and administrative functions. Employees of local authorities are not part of the public service system and are not actually their structural part, for this reason their activities are regulated by separate legislative acts.
Work in local authorities is carried out on an ongoing basis, on the basis of a contract or employment contract. The municipality itself, represented by the chairman of the election commission, the head of the structure, and the authorized representative, acts as the employer.
Limitations
Article 13 of FZ-25 defines clear restrictions that do not allow citizens of the country to occupy positions in local authorities. The normative act identifies 4 main categories of restrictions related to the municipal service, which in no way contradict the requirements of the Constitution. In particular, article 55 of the main law of the country determines that the freedoms and rights of a citizen of a country can be limited by federal laws, but only in that part that will protect the constitutional system of the country, ensure state security, health, rights and freedoms of other citizens.
Conventionally, all restrictions can be divided into two categories:
- for persons wishing to enter the service;
- for persons who already work in local government.
Health status, age
The restrictions associated with the municipal service clearly stipulate that only a person who is fully capable and capable can enter the service. If the employee loses his legal capacity, then he is subject to dismissal. They will also not be hired or dismissed if, according to medical indicators, a citizen is not able to fulfill the duties assigned to him. The list of diseases is prescribed in the Order of the Ministry of Health and Social Development No. 984N.
This category also includes the restriction on the employment of persons with an outstanding or unexpunged criminal record.
When 65 years old, the municipal employee is subject to dismissal, as he will not be hired at this age. Only a one-time extension of the contract is allowed, and then only for 1 year.
Citizenship and military duty
Another limitation associated with state and municipal service is the termination of Russian citizenship or the existence of citizenship of another country. However, if the terms of the international agreement provide for the possibility of certain persons without Russian citizenship to work in local authorities, then such persons are subject to employment.
Persons who deviate from military service without good reason are not eligible for recruitment.
Family circumstances
Work in one municipal institution of persons who are closely related and are directly subordinate is not allowed.
In short, the restrictions associated with municipal service in this part imply the impossibility of the simultaneous work of parents and children, brothers and sisters, spouses and children of spouses. The main condition for limitation is direct control or subordination to each other.
Other cases
Citizens who are convicted are not allowed to work in local authorities, and the court decision entered into legal force.
Other restrictions and prohibitions related to municipal service:
- the submission of false documents and information regarding obligations, property, income and other information about yourself is not allowed;
- an obstacle to work may be a person’s refusal to go through the procedure for obtaining access to information that contains state secrets.
However, for every citizen who was denied employment in the local authorities, the right to apply to a higher state body or court for the protection of their legal rights is reserved.
Bans
All prohibitions related to the municipal service are indicated in article 14 of Federal Law-25. These are actually actions that a local government employee is not entitled to perform. If the ban is violated, then the perpetrator will be liable under a number of regulatory documents of the country. A number of restrictions are provided for the period when the employee is already relieved of work in the municipality.
The main objectives of the prohibitions are to prevent abuse of position and ensure the effectiveness of local authorities. Each employee must be a guarantor of compliance with the current legislation of the country.
Political activity
In short, the prohibitions associated with the municipal service in relation to political activity are as follows:
- not allowed to engage in election campaigning;
- political or religious organizations, public associations cannot be created in local authorities;
- It is not allowed to be in the municipal service if the person has entered a state or elective position.
On the other hand, it is not forbidden for local authorities to stand as candidates, register as such and vote at their discretion. However, such persons should not use their position to advance their candidacy or a specific party. It is not allowed to collect signatures and funds among their colleagues.
Other activities
Under the categorical prohibition associated with the municipal service is any business activity. The employee is not even entitled to conduct business management of commercial entities, the more he is not entitled to receive remuneration for his work, loans, reimbursement of any costs and other remuneration. This prohibition applies to any business entities, both Russian and foreign. If the employee has a share in any enterprise, then for the period of service in the authorities he is obliged to transfer it to trust management.
If a gift is received as part of a protocol or other official event, then it must be transferred to the local government. However, an employee of the government has the right to receive a scientific award without the consent of the senior management. Naturally, souvenirs and other small gifts that are transferred under the generally accepted courtesy rules are not transferable to the authorities.
The ban also means that the official is not entitled to create conditions under which the interested person will be forced to give a gift or provide a certain service. Such transactions qualify as void and entail administrative and criminal liability.
Employees are not allowed to go on business trips at someone else’s expense. The only exceptions are cases where there is an agreement between the local authorities and a certain organization.
The prohibitions associated with the municipal service do not apply to the management of non-profit organizations. It can be consumer cooperatives, religious or charitable foundations. The main thing is that there is no conflict of interest.
The next ban related to the passage of the municipal service is to engage in scientific, creative and teaching activities, which are funded by foreign organizations. You can’t even give lectures, conduct research and take part in conferences, seminars if such events are paid for through foreign grants.
It should also be remembered that after leaving the service, for 2 years, the former employee must notify his former employer of further employment.
Combination
Despite a fairly wide list of restrictions and prohibitions associated with municipal service, such officials can combine core business with another. An exception are cases when it comes to filling the position of head of local administration under a contract. The main thing for employment is to take into account the provisions of Article 14 of Law No. 25-FZ, the failure to comply with the requirements of which entails dismissal.
Despite the fact that part-time work should be carried out in free time from the main activity, it is still permissible to combine two positions within one local government body. According to the requirements of the Labor Code, a supplement is required for part-time work.
If the position for which the combination is planned is not included in the list of professions of municipal organizations, then the employer must be notified of employment. The main thing is that such work does not entail a conflict of interest. In this case, the phrase “conflict of interest” is understood as the fact that the performance of part-time work can objectively affect the performance of duties at the main place of work.
Official position
The restrictions and prohibitions associated with the municipal service clearly indicate that the employee does not have the right to use the material and technical base, property of the executive branch for personal purposes. Even office equipment, communication equipment and other property fall into this category.
The disclosure of information that became known to the employee during the exercise of labor functions in government is not allowed. This applies to confidential, proprietary information. The prohibitions associated with the municipal service include: public statements and judgments regarding the activities of authorities, management and employees.
Employee behavior in everyday life
It is not allowed that the municipal employee be a representative or attorney in local authorities in cases involving third parties.
A ban has been established associated with the municipal service on the termination of activities to resolve a labor dispute. It is clear that this prohibition is not absolute. Nevertheless, the country's main law states that any citizen has the right to refuse to work if it threatens his life or health.
Employees of local authorities are not entitled to accept special ranks, awards from international funds, other states, religious associations, if the employee collaborates with these organizations on official duties. There is only one exception to this rule - obtaining a scientific rank or degree.
Responsibility
All the prohibitions specified in FZ-25 related to the municipal service are a reason to hold accountable in case of violation.
Civil liability is provided for in article 575 of the Civil Code. It displays the requirements for the donation process, namely, the prevention of gifts, the value of which exceeds 3 thousand rubles. Naturally, when it comes to the direct performance of official and official duties.
Administrative responsibility is provided by the Code of Administrative Offenses (Article 19.29). In particular, local government officials will be fined for cooperation with commercial organizations in the amount of 20 to 50 thousand rubles. Responsibility is also provided for citizens, the fine in this case will be from 2 to 4 thousand rubles, and for legal entities. Enterprises can be fined between 100 and 500 thousand rubles.
Disciplinary liability is provided by Law No. 273- and 25-. In particular, the municipal employee has an obligation to notify the senior management of his property status and expenses. Also, the employee is obliged to draw up a declaration to indicate the property status of members of his family: spouses and minor children. For violation of this requirement or the provision of false information, the employee faces dismissal.
Criminal liability is provided for in article 290 of the Criminal Code for a bribe. A penalty is provided for the crime, the amount of which is much larger than the amount of the bribe. In parallel with the payment of a fine, an official may be deprived of the right to occupy certain positions or even be deprived of liberty for a term of 3 to 7 years.
Article 291.1 of the Criminal Code provides for an independent offense - bribery or a promise to take certain actions. However, if the promise was not followed by action, then it does not imply punishment.
In cases where an official of the local government is persuaded to corrupt actions, he is obliged to notify the top management, prosecutor's office or other state regulatory authorities about this. Failure to do so will result in dismissal or prosecution. The employee is obliged to notify his management in writing of the fact, on the basis of which an internal audit will be carried out.