Let us touch upon such a difficult concept as the principles of civil service. The socio-legal institution, called the civil service, can be imagined as a very complex and multifaceted phenomenon. It belongs to the subjects of administrative law, and it can be accurately classified as an administrative-legal and constitutional entity. Its role is integrating, since the public service is in contact with many other structures and institutions of modern administrative law of Russia.
The topic of the concept and principles of the state civil service is very voluminous, requires a good knowledge of the legislation and specialized literature on this section. So, what is a public service like? It can be called one of the key constitutional institutions. This legal system is one of the most complex, complex and multifaceted, with strong social economic roots and foundations. It should be considered an integral organic part of Russian statehood.
About the new approach
In the light of the political and socio-economic transformations that are taking place in Russia at the present time, the role of public service is growing immeasurably. In connection with the growth of her authority, the very approach to her has changed, as well as the methods of analyzing her inherent difficulties and problems - from party-communist (based on the dogmas of socialism) to the modern civilized view.
The very principles of organizing a public civil service have also undergone changes. Its formerly very conservative beginnings, which were an inseparable part of the past administrative-command system (first of all, this concerns the selection of personnel serving on political characteristics, which in practice meant a rejection of competence, professionalism, civilized principles of governance), as well as the principle of "party affiliation", not currently a priority.
Both theoretical and regulatory developments of the problem and the concept of public service were laid down by Federal Law No. 119-, published July 31, 1995 under the title "On the Foundations of the Civil Service of the Russian Federation". Nowadays, this normative act is already recognized as invalid. Instead, Federal Law No. 58- was introduced, which was published in 2003 (May 27) - “On the Civil Service System of the Russian Federation”, as well as a number of other federal regulations that formed the basis of legislation on this topic.
The semantic content of the term
What is a concept called public service in its most general form? Legal sources contain various definitions of this term. In literature, it is used most often as a participation in one of the branches (or all at once) of state power. There is a definition of it as a type of socially useful activity of a special kind. At the same time, municipal service employees working in local self-government also function.
In general, public service can be characterized as a kind of labor activity carried out by employees of state bodies on a professional basis and whose purpose is to fulfill the functions and tasks of the state.
In the general sense, such a service can be considered any kind of work performed in state institutions or bodies that has a different content or form than the labor of workers. At the same time, only two main forms of labor activity of civil servants can be distinguished - they consist in the direct creation of a material value and the performance of administrative-servicing and management functions.
Journalism and scientific literature are increasingly carrying out the idea that this term should be understood as serving the civil society, state, people, any of its social groups and strata. This approach can be found in manuals and textbooks on administrative law of modern authors.
What does the Constitution say?
According to the basic law of the Russian Federation, the legal principles of civil service are based on two provisions of priority importance:
1. Equal accessibility to public service of any citizen.
2. The assignment of issues of the state federal service to the jurisdiction of the Russian Federation.
The whole concept of this concept is built on these two initial data. The legislation defines the essence of public service as the professional official activity of citizens of the Russian Federation, aimed at ensuring the exercise of powers of the Russian Federation, federal government bodies of power of its entities, persons appointed to those posts established by the Constitution and Federal Laws of the Russian Federation, as well as charters and laws of her and her subjects in order to directly implement all state bodies of each subject of the Russian Federation.
About varieties of civil service
Listing its main types, you can focus on:
1. Civil service.
2. Military service.
3. Law enforcement service.
In turn, there is a division of the civil service into the federal and the service of the constituent entities of the Russian Federation.
Both law enforcement and military service belong to the federal state.
About the essence of public office
It is understood as such a position in government bodies (both federal and constituent entities of the Russian Federation), the established terms of reference of which include the performance and securing of the powers of the specified government body, its financial content, as well as responsibility for the performance of these duties.
Presidential Decree No. 1574, issued in 2005 (December 31), approved for the civil service of the Russian Federation a register of official government posts. It consists of a number of unified names distributed in groups.
The concept of basic principles of civil service
What is meant by this concept - the principles of civil service? We are talking about the basic, that is, conceptual principles, principles and provisions on which the system of state power is based and exists completely. Before describing the entire system and individual principles of the state civil service of the Russian Federation, it should be clarified: this issue is one of the most important in the entire structure of its institution, as well as the entire legal system. This applies not only to our country, but also to any other state in the world.
Why is this so important? This term - the principles of civil service (and the entire public service as a whole) - refers to the fundamental, most important features and essential characteristics that reflect the meaning and content of this concept. In addition, it found its application in a number of the most important legal provisions regarding the structure of this legal institution.
Like the state, municipal service in the same way has certain principles, moreover, as the content. and their functional characteristics are largely identical.
What are the principles of the civil service of the Russian Federation based on?
In the process of their analysis, we should dwell on each of the three main issues, one after another:
1. The very concept of the principles of public service.
2. Their legislative consolidation.
3. Species and content.
For consideration, we turn to the regulatory framework. The already mentioned Federal Law provides a detailed list of them. Article number 3 of the Federal Law lists everything on which the concept of the principles of civil service is based as a kind of public service:
1. On federalism, capable of ensuring the unity of the entire civil service system, as well as observing the distinction in the powers of the authorities of the country's subjects with the federal ones.
2. On the legality.
3. On the priority of the freedoms and rights of a citizen, their direct action, their recognition, mandatory compliance, as well as protection.
4. On the possibility of equal access of any citizen to the opportunity to fulfill the duties and functions of the public service.
5. The unity of the organizational and legal foundations of this service, which is expressed in the legislative consolidation of the same approach to its organization.
6. The relationship of state and municipal services.
7. On the openness of public service and accessibility for public control.
8. On the objective informing of citizens and society about the activities of those who work in the positions of public servants.
9. On their competence and professionalism.
10. To protect the said public servants from illegal and unlawful interferences in the activities of their (official and professional nature) individuals, legal entities, as well as state bodies and officials.
The implementation of all these principles of civil service is provided by federal laws on its types.
What are the main principles of state civil service
Their essence is set forth in Article 4 of the Federal Law "On the State Civil Service of the Russian Federation." According to the interpretation of the law, the principles of civil service are:
1. Observance of the priority of human rights and freedoms.
2. The principles of state civil service also include the unity of its organizational and legal foundations for the subjects of the Russian Federation and the Federal civil service.
3. Ensuring equal access for those citizens who speak the state language of the Russian Federation to civil service and providing them with the same conditions for its passage, regardless of
nationality, race, gender, origin, official or property status, place of residence, beliefs, religious affiliation and other circumstances that are in no way connected with the business and professional qualities of civil servants.
4. The basic principles of civil service include the high level of competence and professionalism of anyone who is called upon to fulfill them.
5. It is also about interaction with citizens and public associations.
6. Also, the principles of civil service include the need for its stability and accessibility of information about it.
7. Civil servants are required to be protected from various types of unlawful interference in their own professional career activities.
All of the above principles of the civil service of the Russian Federation are interconnected into an integrated system, unified in functional and organizational terms.
About types of public service
The phenomenon of federalism with the existence of authorities in the form of legislative, executive, and judicial forms the existence of certain varieties of the institution of civil service. This postulate is manifested in its division into the federal government service and the service of the subjects of the Russian Federation administered by the Russian Federation. The modern principles of the state civil service (as well as its other types) are based on a variety of sectors and areas of public activity, taking into account the specifics of each of them.
The types of civil service include service in internal affairs bodies, military, as well as in customs organizations, tax police, etc. For the legal regulation of all principles of civil service, as well as other specialized varieties of civil service, a systematic approach is encompassed at all levels of each body or sphere .
According to the interpretation available in the specialized literature, public service is usually divided into two main types:
1. Civil.
2. The militarized.
As an example of the civil service, it is worth mentioning activities in the positions of state bodies of the Russian Federation and its subjects (for example, in the administration of the region or the performance of certain duties in the tax authorities or in the structure of the Ministry of Internal Affairs). This also includes posts involving work at customs, in the railway forces, and, in addition, the mine rescue service.
Other classification
Civil service, in turn, can be divided into general (functional), existing in the form of the implementation of standard and common official state functions for the same sphere of activity without differences in industry specifics. As an example, we cite the activities of the personnel of departments and departments of regional administrations, ministries, etc.
Another variety - a special civil service - is carried out by citizens in those positions of state bodies that have a pronounced industry competence, which leaves an imprint on all the practical activities of employees. In this case, the activity of state notaries, the diplomatic service, the sphere of railway transport, etc.
The militarized service (police, military, police, etc.) is characterized by a variety of distinctive features, which can be distinguished by analyzing legal normative acts that regulate the legal status and difference from the basic principles of the state civil service.
The main distinguishing features of a militarized service (as opposed to a civilian one) are the following:
1. The main professional duty of employees of this category is to protect the health and life of people, to ensure the safety of citizens and the management procedure established by the authorities and the state, and also to observe their fundamental rights and public interests.
2. Also - protect material values, protect legal and public order. As already mentioned, the military and law enforcement services, which are part of the militarized, are varieties of the federal civil service. Its other variety is civilian public service. It consists in official activities of a professional nature approved in the respective positions of citizens.
The essence and principles of the state civil service are, as already mentioned, ensuring the implementation of the powers and functions of state authorities (federal and constituent entities of the Russian Federation). And also - persons in positions to enforce the laws of the Russian Federation and its subjects.
On the military and law enforcement service
Speaking of military service, they mean official activities of a professional nature of citizens in military or non-military positions on the conditions provided for by federal laws, regulatory legal acts or Decrees of the President of the Russian Federation. We are talking about the Armed Forces, other troops, about special military formations and other bodies whose functions are to ensure the security and defense of the state.
Law enforcement service refers to that kind of state federal service, which is the professional activity of citizens in law enforcement positions in institutions, services and bodies whose function is to ensure the rule of law, security and law and order, fight crime, protect the freedoms and rights of citizens.
Who can enter the civil service by concluding a contract?
Similarly to the basic principles of civil service, such a right belongs to citizens who speak the state language of the Russian Federation and have reached the age established by federal law as acceptable for each of the varieties of public service. In addition, federal laws may apply other requirements to various types of civil service when entering a contract service.
All circumstances, the grounds and the procedure for the cessation of such actions are regulated by the Federal Law on the type of specific public service.
Such contracts with citizens can be concluded for an indefinite or definite period, as well as for the period of study at an educational professional institution or for a specifically specified period of time upon its completion. Each type of civil service implies the existence of a maximum age for staying on it, specified in the relevant federal law.
The procedure for passing the civil service implies the stages of appointment, assignment of a diplomatic rank, class rank or military (or special) rank, as well as mandatory certification or an examination to confirm qualifications.
Among other things, the law regulates a number of other circumstances (events) that are mandatory for one or another nature of such activity. There are many other legal regulatory acts of the Russian Federation that clarify and describe in detail the whole variety of activities of a public servant in our country.
The federal laws relating to various types of service contain all the grounds on which it can be terminated, including those grounds on which employees are dismissed to the reserve or to resign. This can be both the achievement of the age limit specifically specified in each case, and the existence of a whole strictly regulated series of reasons, conditions and circumstances of a personal nature, including that officially approved form of dismissal report (or a substitute document).
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