The civil service of the Russian Federation is a professional activity of citizens, which is aimed at ensuring the implementation of the powers of federal, regional and other power structures, persons holding positions established by the Constitution of the Russian Federation, federal legislation. Let us further consider the features of admission to the state and municipal services.
General information
Currently, the civil service system includes the state civil, military, law enforcement services. In addition, distinguish the activities of employees of the federal, regional and municipal levels.
Principles
When entering the state and municipal service, citizens should know and understand the basics of this activity. Key principles of service organization are:
- Federalism. It ensures the unity of the system and observance of the delimitation of powers and objects of jurisdiction between federal, regional and local structures established by the Constitution.
- Legality.
- The priority of freedoms and human and civil rights, their direct implementation, the obligation to recognize and protect them.
- Equal rights to enter the civil service for citizens.
- The unity of the legal framework. It involves the normative consolidation of a single approach to the entry and passage of public service.
- The relationship of municipal and civil service.
- The openness of the activities of employees, its accessibility to public control, timely and objective informing of the population about the work of authorized persons.
- Competence and professionalism of employees.
- Ensuring the protection of civil servants from unlawful interference in their activities both by state bodies and officials, as well as organizations and citizens.
Organization of reception of candidates
According to the procedure for entering the civil service, persons wishing to fill vacant positions submit applications for participation in the competition. Such an organization for the admission of candidates ensures the implementation of the constitutional right of citizens to equal access to activities. Persons already filling public service positions, in turn, can count on career growth on a competitive basis.
The competition for admission to the state civil and municipal service is announced on the basis of a decision of the head of the territorial unit of the federal power structure authorized to carry out functions in the field of migration control. The announcement period is 10 days after the appearance of a vacant post, the filling of which, in accordance with the provisions of Article 22 of the Federal Law No. 79, should be carried out on a competitive basis.
The essence of the competition for admission to the civil service is to assess the suitability of candidates, their compliance with the qualification requirements established for a vacant position.
Rights of citizens
The legislation establishes a special procedure for entering the civil service. Candidates must meet a number of criteria. First of all, the age limit is established. Admission to the state civil service in the Russian Federation is allowed from the age of 18. The applicant must know the state language of the Russian Federation, meet the qualification requirements established by federal law. The procedure for entering the civil service will be considered complied with when all the conditions are met.
Any civil servant can participate in the competition, regardless of the position that he is filling at the time of its holding.
Qualification requirements for skills and knowledge that a candidate for civil service must have, topics of abstracts (analytical materials) are sent to the personnel department by the head of the unit, in which the position will be replaced. The transfer of documentation is carried out within five days from the date of the vacancy.
Preparatory stage
At the first stage, a message on the acceptance of documents for admission to the civil service of the Russian Federation is posted on the website of the FMS The announcement also includes the following information:
- The name of the position whose appointment is expected.
- Conditions for admission to public service. The requirements for the applicant are indicated here.
- Rules of civil service.
- Time, date and place of receipt of documents.
- Date, place, order of the competition.
- Other material information.
Package of documents
For admission to the civil service it is necessary to submit the following papers:
- Statement. It is written by the candidate in his own hand.
- The questionnaire, the form of which is approved by the Government. The photo is attached to the questionnaire.
- Autobiography. It is written in free form and certified by the applicant.
- Copy of civil passport. Copies of all completed pages are provided. If you have a passport, copies of it are also presented.
- Copies of the certificate of state registration of acts of civil status (certificate of marriage / divorce, change of name, patronymic name, certificate of birth of children under 14 years old). In addition, a certificate from the educational institution for a child older than 16 liters is provided. These copies are presented with the originals.
- Documents confirming vocational education, qualifications, experience. These include, in particular, a work book (if the subject has previously worked), other papers confirming the person’s official activities, copies of vocational education diplomas, as well as (upon the candidate’s request) additional education, academic degree / title, certified notary or personnel department at the place of work. These documents are presented with the originals.
- The conclusion of the commission of doctors about the absence of diseases that prevent the applicant from entering the state civil service.
In addition, the citizen provides copies of:
- insurance sv-va, OPS (presented along with the originals);
- military registration documents (for those liable for military service and to be drafted into the Armed Forces);
- St.-va on registration with the IFTS at the place of residence (TIN);
- medical insurance policy.
These copies are provided with the originals. In addition, other documents may be requested from the applicant, which are included in the list enshrined in the Federal Law No. 79, other regulatory acts, including decrees of the President and government decrees.
Nuances
To participate in a competition in a government agency in which a person is already filling a position, you must submit an application addressed to the representative of the employer. A civil servant who wants to conduct professional official activities in another government agency submits an application and a questionnaire with a photograph attached.
Documents for participation in the competition for admission to the civil service are sent before the expiration of 21 days from the date of placement of the announcement of their admission.
Verification of Information
Information provided by a citizen to participate in the competition for admission to the public civil service should be checked if the vacant position is included in the highest group of posts.
The questionnaire filled out by the candidate with his own hand is considered by the personnel department. Its employees check the correctness of the paperwork. After this, the questionnaire is signed by an authorized employee and certified with the seal of the personnel department.
Limitations
A citizen is not allowed to enter and undergo public civil service if he does not meet the qualification requirements established for a vacant position. Refusal to satisfy the application may also be associated with restrictions provided by law. It is, in particular, about the presence of pathologies that impede the replacement of a post. To establish the presence of diseases, a medical commission is formed. Based on the results of the survey, a conclusion is drawn up.
Admission to the civil service may be denied in case of untimely submission of documents, upon presentation of them in violation of the order of execution or in part without good reason.
Additionally
21 days after the date of announcement of the organization and holding of the competition, if there is only one candidate left after checking the received documents, the chairman of the commission must recognize the competition as failed. This is reported in writing to all applicants.
Testing
Participation in the competition involves passing a test of knowledge of the Constitution and legislation governing the procedure for admission and passage of public service. Candidates should prepare an essay on the topic set by the commission. The analytical materials submitted by the contestants are transferred to the head of the structural department in which the vacant position was formed, as well as to independent experts.
The decision on the place, time, date of the meeting of the commission shall be made by the head of the executive body. Not later than 15 days before the start of the 2nd stage of the competition, persons eligible to participate shall be sent a notification. Members of the commission are informed about the place, time and date of the meeting for 3 days.
Second phase
It is held if at least 2 applicants participate in the competition. During the second stage, a meeting of the commission is organized. It is recognized as eligible if not less than 2/3 of the number of members participate in it.
At the meeting, candidates are evaluated on the basis of the documents submitted on:
- passing a civil service or carrying out other professional activities;
- education.
In addition, the assessment is carried out on the basis of competitive events corresponding to the methods of professional suitability and personal qualities defined by the current legislation and other regulatory documents.
Conformity Check Features
When assessing the personal and professional qualities of candidates, the commission is guided by the qualification requirements for a vacant position in accordance with its regulations, as well as other provisions provided for in the legislation in force in the field of public service. At the same time, continuous, flawless, effective fulfillment by the applicants of the duties assigned to them is taken into account.
During the competition, citizens are guaranteed equality in accordance with constitutional provisions.
Summing up the competition
Based on the results of the meeting, the commission makes a decision. It is signed by the chairman, his deputy, secretary and members of the commission. The decision acts as the basis for the appointment of a citizen to a vacant post.
The results of the competition are summarized by open vote by a simple majority. Based on the results of the meeting, on the basis of a decision, the representative of the employer issues an act of appointment.
Candidates receive a written notice of the competition results within 7 days from the end date. Information about the results is also published on the website of the state agency on the Internet.
Procedural Issues
Documents of citizens not admitted to the competition shall be returned to them upon their application within 3 years from the date of completion of the event. Until the end of the specified period, the materials are in the archive of the executive structure of the government. After this period, documents are destroyed.
The costs of participation in the tender (travel expenses to the venue, rental of accommodation, meals, communication services, etc.) are not compensated to candidates.
A citizen may challenge the decision of the commission in the manner prescribed by law.
Exceptional situations
The legislation allows a number of cases in which a tender is not held. These include the following situations:
- Appointment to positions that are replaced for a certain period and related to the categories of “assistants (advisers)”, “managers”, “specialists” of 1-3 categories.
- Conclusion of a fixed-term contract.
- Appointment of a person in the personnel reserve of the civil service.
Competition may not be organized upon appointment to certain positions, the performance of duties on which is associated with the use of information constituting state secrets.
Analysis of existing rules
The existing procedure for admission of persons to the civil service includes three successive stages:
- Competition.
- The publication of the act of appointment.
- Conclusion of a contract.
Each stage, in turn, includes several procedures (all of them are discussed in detail above).
Experts pay special attention to the nature of legal relations arising during the competition. Many experts distinguish them as an independent group.
The so-called competitive legal relations arise at the time a candidate submits an application with a request to accept him to the civil service.
The decision of the commission should be considered a link to the special legal structure. He, in turn, acts as the basis for the emergence of official relations, along with the act of the state agency on the appointment of a person to the post and the contract.
In accordance with paragraph 23 of the Regulation on the competition, the results of the approval of the act of the representative of the employer on the appointment of the winner to the position and a contract is concluded. According to paragraph 22 of the same normative act, the voting results of the commission members are drawn up by decision. On the basis of part 1 of article 26 of the Federal Law No. 79, the contract is concluded in accordance with the act of the representative of the employer on the appointment of a person to the post. As you can see, the legal composition is represented by a set of facts that arise in a certain sequence. Only in a complex can all of these circumstances lead to the emergence of an official relationship with which the representative of the employer is associated with a particular citizen who has received the status of civil servant.
From the above information it follows that the process of a person entering the civil service or appointing him to a civil service position is possible if there are 3 documents: decisions of the collegial body represented by the commission and the representative of the employer, as well as the service contract.
Civil Servant Rights
A civil servant has the right to:
- Providing organizational and technical conditions that are necessary for him to exercise his authority.
- Familiarization with the regulations and other regulatory documents that establish the duties and rights of a replaced position, criteria for evaluating the effectiveness of performance of duties, performance indicators of professional activities and career conditions.
- Relaxation. It is ensured by the establishment of a normal working day, the provision of weekends, holidays, holidays (annual and additional).
- Remuneration of labor, other payments established by law and an employment contract.
- Access to information and materials necessary for the performance of duties.
- Making suggestions on improving the work of a state agency.
- Access to information related to state secrets, if the performance of duties by office requires this.
- Familiarization with reviews of his official activities and other documents prior to their inclusion in a personal file.
- Entering personal explanations of written explanations and other materials.
- Personal data protection.
- Additional vocational education in the manner prescribed by law.
- Union membership.
- Consideration of individual disputes related to service in accordance with federal law.
- Performance checks on his application.
- Protection of his interests and rights.
- Medical insurance.
- Protection of his health and life, property, life and health of his family members.
Conclusion
Public service is a very specific type of professional activity of citizens. Legislation places high demands on candidates for positions. Applicants must have certain qualifications that correspond to the conditions established for a particular post, personal qualities that allow them to properly perform their duties.
The candidate’s decision will have a positive effect on the presence of a certain work experience in government bodies, merit, and high performance indicators.
When submitting an application for participation in the competition, great importance should be given to the documents that the applicant must submit. The information in them must be reliable and complete. This, in particular, on the questionnaire and autobiography. Public service - an activity that involves great responsibility. In this regard, persons who have provided false information about themselves and who have hidden any information cannot be allowed to visit it.
Citizens wishing to enter the civil service should be ready for testing. They need to know and understand the rules of the current law regarding service.
The Constitution and Federal Law No. 79-FZ guarantee equal access for persons who meet established requirements to participate in the competition. Infringement of this right shall entail liability for authorized persons.
To assess the compliance of candidates with qualification requirements, a special commission is formed, which includes competent officials serving in government agencies. At the municipal level, a commission is created at the administrations of municipalities.