A civil servant is a special official who has taken upon himself the obligation to undergo civil service. This entity carries out its professional activities on the basis of the act of appointment and contract. A person receives monetary support at the expense of the regional or federal budget.
Limitations
The conditions and procedure for admission to the civil service, as well as requirements for civil servants, are established in the Federal Law No. 79. Certain restrictions are enshrined in article 16 of this regulatory act. The following entities cannot be accepted to the civil service:
- Recognized as legally incompetent or incompetent in accordance with a court decision that has entered into force.
- Convicted to serving a sentence excluding the opportunity to perform the duties of a civil servant , by a sentence that has entered into force, having an unexpunged / outstanding conviction.
- Expressing a refusal to undergo the procedure of compulsory clearance of access to information constituting secrets protected by law, if the position claimed by the candidate involves the use of such information.
- Having diseases that impede acceptance for public service. The presence of appropriate pathologies should be confirmed by a medical certificate issued by a competent medical institution.
- Consisting in close kinship or property with a civil servant, if the filling of a post implies the direct subordination or control of one of them to another.
- Those who have left the citizenship of the Russian Federation or received the citizenship of another state.
- Being filed in another country, unless otherwise provided by international agreement of the Russian Federation.
- Submitting false documents or knowingly false information upon admission to the civil service.
- Not providing data or providing false information about income, liabilities and property.
- Recognized as not having served in the Armed Forces of the Russian Federation on appeal without good reason. This fact must be confirmed by a conclusion drawn up by the draft board. This requirement does not apply to persons who have served under the contract.
Other restrictions may be provided by federal laws.
Employer
The employer of civil servants is the Russian Federation or a specific subject of the Russian Federation. The powers of the employer are exercised by his representative. The head of a state body, a citizen holding a public post or a representative of one of these persons acts as him.
Status Features
A civil servant is a person in a civil service position. Accordingly, it cannot be a citizen acting as an employee of a state enterprise, even if he exercises managerial, administrative and administrative powers. This is due to the fact that the specified person does not occupy the position of civil service, and a monetary reward is paid to him from the funds of the enterprise.
Employees of budgetary organizations, including those who exercise power and administrative powers, are not civil servants. In this case, the positions held by these employees do not meet the requirements of civil service posts, however, the salary is paid to them from the budget. Such workers include, for example, teachers of schools and universities, doctors of medical institutions.
Classification
There are different criteria by which groups of civil servants are distinguished. These, in particular, are signs such as:
- Categories of posts.
- Groups.
- Types of government agencies.
- The nature and extent of authority.
The main classification criterion is the type of service. On this basis, federal and regional civil servants are distinguished . Class ranks are also a classification criterion.
Federal civil servants are citizens who carry out professional activities in positions in federal bodies and receive monetary allowance from the federal budget.
Post Features
The categories distinguish:
- Leaders.
- Advisers (assistants).
- Specialists.
- Providing specialists.
Employee positions are divided into the following groups:
- Higher.
- The main ones.
- Leading.
- Seniors.
- The younger ones.
Class ranks are assigned within the respective groups:
- Higher - a valid state adviser 1, 2, 3 class.
- Home - State Counselor 1, 2, 3 cl.
- Leading - adviser 1, 2, 3 class.
- Elder - referent 1, 2, 3 cells.
- The youngest is a secretary.
Employees who are in positions without limitation of their term of office receive a class rank after passing the qualification exam.
Controversial issues
The separation of civil servants depending on the state bodies in which they operate, involves taking into account at least 2 circumstances:
- In government agencies, posts of various types of civil service can be established.
- The concepts of law enforcement and military service should be clarified in the regulations that need to be adopted.
Currently, the question of the types of law enforcement structures remains debatable. Some lawyers also include the judiciary, while others exclude the courts. Meanwhile, neither the first nor the second approach can be taken unconditionally. The fact is that in the judicial system there are both instances of general jurisdiction and military courts.
Testing knowledge and qualifications
It is carried out during the certification of public civil servants .
The procedure is carried out in accordance with the Federal Law No. 79 and in accordance with the Regulation approved by Presidential Decree No. 110.
Certification of public civil servants contributes to the improvement of activities related to the selection, selection, placement of personnel and advanced training of employees. Acting as a legal institution, it includes a set of rules governing the relations that develop during its organization, an assessment of the performance by civil servants of the tasks entrusted to them, and a description of the prospects for the use of personnel in the future.
Participation in certification is not only the right of a civil servant , but also his most important duty. This procedure must be considered as a means of career growth, changes in the terms of the contract between the employee and the government agency.
Exceptions
Certification must pass all civil servants, except:
- They have worked in the respective position for less than a year.
- Reached 60 years.
- Pregnant or on maternity leave or caring for a child under 3 years old.
- Replacing positions of the categories “managers” and “advisers” (“assistants”) in accordance with the fixed-term contract.
- Passed the qualification exam less than a year ago.
Verification Steps
Certification is carried out in 2 stages every 3 years. The first stage is preparatory. The results of the audit will largely depend on the timeliness and quality of work at this stage.
Preparation for certification is carried out systematically. It begins by explaining to employees the goals, objectives and procedure for conducting the audit. In the course of preparation, the list of employees subject to certification is clarified, a list of commission members is formed, necessary documents are drawn up.
The head of the state agency must issue an order stating all the essential information about the audit, including the schedule and timing of the audit.
Guarantees for civil servants
Persons in public service positions have the right to:
- Ensuring the proper conditions for the performance of their duties.
- Familiarization with the documents defining their powers, rights, criteria for evaluating the performance of civil servants , career conditions.
- Relaxation. It is ensured by establishing the length of the working day in accordance with the law, by providing non-working days off and holidays, and annual paid holidays (civil servants are entitled to basic and additional holidays).
- Payment of labor and other payments provided for by Federal Law No. 79, other legal acts, as well as the terms of the contract.
- Obtaining materials and information necessary for the performance of their duties.
- Making suggestions aimed at improving the work of civil servants and a government agency.
- Personal data protection.
- Job growth and, accordingly, salary increase. Civil servants calculate earnings according to special rules enshrined in Federal Law No. 79.
- Familiarization with reviews of official activities, documents prior to entering them in a personal file, introducing written explanations and other information to the personal file.
- Further training, professional retraining, internship in the manner prescribed by law.
- Union membership.
- Consideration of official disputes.
- Checking at the request of the employee.
- Medical insurance.
- Protection of interests and rights in the service, including appeal of their violations.
- Pension benefits in the manner prescribed by the Federal Law No. 166.
- Protecting one’s health and life and family members, as well as property.
Responsibilities
They are established in Article 15 of the Federal Law No. 79. The duties of a civil servant include:
- Compliance with the provisions of the Constitution, the Federal Law, other federal laws and regulations and ensuring their implementation.
- Performance of duties in accordance with the regulations.
- Fulfillment of instructions of managers given within their authority. The job regulations establish a list of persons whose orders must be executed by an employee. At the same time, an official has the right not to fulfill an order that is clearly unlawful.
- Respect for the interests and rights of organizations and citizens in the performance of duties in the service.
- Maintaining the level of qualification necessary for the proper implementation of the tasks. This obligation corresponds with the right of a civil servant to further training, internship, professional retraining.
- Compliance with the official schedule of the state body approved by the head.
- Maintaining confidentiality of information classified as a secret protected by law and information that became known in the performance of duties, including data affecting the dignity and honor of citizens and relating to their life and health. For the disclosure of such information, not only disciplinary sanctions are provided, but also criminal penalties.
- Careful attitude to state property, material assets provided to an employee for the performance of duties.
- Providing in the manner prescribed by law information about yourself and family members. It is, in particular, a declaration. It was necessary to report on the income of civil servants (2016) before May 2, 2017. The report includes information on all property owned. State employees income declarations (2016) are posted on the official websites of the relevant ministries and departments.
- A message about the withdrawal from citizenship of the Russian Federation, the acquisition of citizenship of a foreign state.
- Compliance with restrictions, compliance with the requirements established by Federal Law No. 79.
- Notification to the manager of a personal interest that could lead to a conflict of interest, and taking measures to prevent it.
Cash allowance
The content of a civil servant is formed from the salary, bonuses and allowances for special conditions, length of service, qualification level. Employees are also entitled to receive material assistance.
The size of the salary, size and rules for determining allowances are established in federal and regional legislative acts.
When approving the salaries of federal state bodies, in addition to the amounts intended for payment of salaries, they include funds for bonuses for the following:
- Class rank, qualification rank, diplomatic rank. They are paid monthly in the amount of 4 salaries.
- Special conditions of public service. They are also paid monthly, but in the amount of 2.5 salaries.
- Years of service. These allowances are provided every month and amount to 3 salaries.
The PHOT also includes funds for performance awards and material assistance. Their sizes are 3 and 2 salaries, respectively.
Salary increase for civil servants
More recently, the issue of increasing the monetary allowance of government officials has been actively discussed. However, apparently, changes in the size of the content will not be soon.
Over the past few years, salaries for civil servants have not been increased. On the contrary, by presidential decree the amount of allowance decreased.
Conclusion
The current legislation quite clearly establishes the organizational and legal forms of the public civil service and limits the circle of persons with the status of civil servants. These citizens are directly involved in governing the country.
The need for the existence of civil service is determined by the existence of the state, its functions and tasks. As world experience shows, modern society can develop normally only with an effective management system. The state should have a powerful, qualified administrative apparatus.
The activities of civil servants are in demand in any country, regardless of the political system, structure, form of government, regime. It is these individuals who carry out the tasks that society assigns to the state. Accordingly, more stringent requirements are imposed on civil servants than on representatives of other professions. After all, stability in the country and the further development of the national economic complex largely depend on them. To improve the efficiency of the activities of public servants, further education programs are provided.