For a very long time, concepts such as “employees” and “federal government employees” lacked legal status. These terms have not been studied or considered at all in essence. The lack of a solution to this issue was further aggravated by the presence in the questionnaires of personnel records of the column "social status", the answer in which suggested only such options: a peasant, a worker and an employee.
Thus, it was understood that employees are all those that cannot be included in two other categories (workers, peasants). This category included not only employees of government agencies, but also non-government institutions.
Justification of the essence of a public servant
In the late fifties of the 20th century, literature began to attempt to justify this concept. As a result, almost all authors accepted the opinion that “employees” is a term understood both in a narrow and a wide sense of the word.
This concept is regulated by the relevant federal law. This normative document states that public servants are persons who professionally carry out their official activities in relevant positions, contributing to ensuring the fulfillment of the powers of state bodies of the Russian Federation. These employees receive appropriate cash compensation, the source of which is the federal budget or the budget of a specific subject of Russia.
The main subjects of legal relations
The state and employees are two subjects of some state-service legal relations, which are characterized by mutual rights and obligations, restrictions and prohibitions, as well as other components of the legal status of an employee.
The state acts as a tenant of a civil servant at the federal level, and any subject of the Russian Federation - as a tenant of an employee of an already subject level.
The main types of employees depend on the types of service itself : civil, law enforcement and military.
Signs of civil servants
The concept of “employee” can be defined by several criteria. Firstly, it is an individual of working age who is fluent in the state language, who has a professional education and the relevant qualification requirements established by law.
Secondly, the employee is required to comply with the requirements and provisions of the relevant legislation. Thirdly, special federal laws determine the content of an employee of a given level, as well as his duties, legal status, restrictions, liability, prohibitions and guarantees. Fourth, the employee is assigned the appropriate rank and rank by the specified special legislation.
Summing up, it should be noted that the exact definition of the nature of employees should be the prerogative of the state. Therefore, modern legislation has given this concept a complete form from a legal point of view.