Basic rights of a civil servant: job regulations

A civil servant is a citizen of the Russian Federation, who, in accordance with federal law, has accepted obligations to undergo civil service. There are special requirements for this subject. They are enshrined in 79-FZ, as well as in the job regulations. Next, we consider the basic rights and obligations of civil servants.

Subject Status

All issues relating to the activities of state civil servants, the basic rights and duties of these persons are regulated by special rules. The socio-legal status of the subjects in question arises on the grounds enshrined in law. The state civil servant acquires basic rights upon admission to the service.

The specific position of a person is decisive for his social and legal status. In fact, the status of a civil servant can be considered as a set of measures established and guaranteed by the state for the possible and proper behavior of an employee participating in public-service relations. When they change, respectively, changes the social and legal status of the employee. For example, it can be a decrease, increase, retirement, dismissal, etc.

The basis of the social and legal status of an employee is eight groups of norms. They determine the basic rights of a civil servant, establish duties, prohibitions, restrictions, liability, secure guarantees, provide social protection for persons. These norms determine the content of relations in which the subject is involved.

Features of status norms

As a rule, they are not established individually for individual employees, but for the posts that they replace. Consequently, status norms can be called derivatives of functions and tasks implemented by a specific state body in which the employee is located.

These norms are divided into two groups: special and general. The first, in turn, are also divided into main and additional.

The general rules include provisions that apply to all employees, regardless of branch, type, category, group of posts. Among the special ones are norms established depending on the indicated categories. General status standards are based on standard qualification characteristics, and special ones are based on the characteristics of interstructural and intrastructural interactions.

Fundamental Rights of a Civil Servant

They are enshrined in article 14 of Article 79-FZ. In accordance with the norm, the fundamental rights of a civil servant include the rights to:

• providing organizational and technical conditions that are necessary for a person to fulfill his duties;
• familiarization with the documentation establishing the duties and rights of the position being replaced, criteria for evaluating the performance of an employee, as well as conditions for promotion;
• salary;
• relaxation;
• receipt in the manner prescribed by law of materials and information necessary for the employee to properly fulfill his duties;
• visiting enterprises, organizations, institutions of any form of ownership, if necessary in connection with the performance of official duties;
• making decisions in accordance with their competence;
• participation on one’s own initiative in the competition for filling a vacant civil service position;
• familiarization with his personal file, reviews of his activities, other documents prior to their inclusion in a personal file, as well as familiarization with the materials of personal explanations;
• retraining (retraining), advanced training at the expense of the corresponding budget;
• pension provision;
• conducting an official investigation at the initiative of the employee to refute information discrediting his dignity and honor;
• joining a union to protect their professional, social interests and rights;
• making suggestions to improve the efficiency of service in any authorized authority;
• access to information classified as state secrets, if the performance of official duties involves the use of such information;
• protection of personal data, property, one’s life and health, as well as the health and life of close relatives.
  

Special rights

They are also important for the proper performance of duties, as are the fundamental rights of a civil servant mentioned above. Special rights are determined taking into account the specifics of the position held by the subject. They complement the main legal opportunities, increasing the efficiency of a particular employee. Special rights include the rights to:

• adoption of secondary legal acts;
• disposition of property;
• the application of disciplinary sanctions to subordinates;
• document visions in accordance with authority, etc.

In addition, depending on the specific tasks assigned to the employee, he may be vested with the right to carry out technical control of the execution of orders by other employees, the compliance of the premises with safety requirements, etc.

Civil Servant Responsibilities

When exercising special and fundamental rights, a civil servant must comply with the law and the requirements of the job regulations. Article 15 79- establishes the duties of employees, including:

1. Compliance with the Constitution, federal laws and other regulations issued in the Russian Federation, as well as ensuring their implementation.
2. Fulfillment of assigned tasks in accordance with the requirements of the job regulations.
3. Respect for the rights of organizations and citizens in the performance of official duties.
4. Fulfillment of instructions of superiors given within their competence established by law.
5. Compliance with the routine.
6. Maintaining qualifications at the level necessary for the proper performance of their duties.
7. Preservation of confidentiality of data classified as state secrets, as well as information affecting the dignity, honor, as well as the privacy of other persons, if they became known in the performance of official duty.

Additional Responsibilities

In addition to the above, the civil servant must provide information about himself, his close relatives, income information in the manner prescribed by law, inform about the withdrawal from citizenship of the Russian Federation, notify the employer of interest in performing duties that could cause a conflict of interest, and take measures to prevent this conflict.