Commentary on the law on civil service.

Golovna Federal Law dated July 27, 2004 No. 79-FZ “On the State civil service»

Russian Federation

Article 17 (Commentary).

Zaborons associated with the civil service Law No. 79-FZ distinguishes between two legal categories related to the legal status of a civil servant: interdiction and defense. Limitation means that, due to the obvious or culpable provisions of the law (divisional article 16 of the Law), a citizen cannot be accepted into civil service, and a civil serviceman who is already in a state position is guilty of for this purpose plantings and crops from the civil service in connection with the non-trimmable boundaries established by law (division 13, part 1, article 33 of the Law).

The extension of the obligations associated with the civil service is mandatory both for citizens who are planning to enter the civil service and for the parties to the service contract.

The flow of types of commercial organizations (organizations that pursue profit as the main method of their activity) is exhaustive.

These are the types of transfer of Art.

50 Central Committee.

These include: sovereign partnerships (in the form of a permanent partnership and a partnership in a private partnership (command partnership) and partnerships (in the form of a joint stock partnership, a partnership with an interchanged or additional subordination), industrial cooperatives, state and municipal bedrooms of unitary enterprises. A civilian serviceman can take part in the activities of the governing body of a commercial organization, being its member, within the boundaries of his service obligations. Moreover, when the interests of the power are represented, a burden is placed on him. This was transferred, zokrema, by decree to the Order of the Russian Federation dated February 22, 1997. N 214 "About the obligations of representatives of the state in the management bodies of joint-stock companies, part of the shares of which are in the hands of the federal government, with the guilt of these joint-stock companies from wages, their payments to the budgets of all countries and insurance contributions to the state budgetary funds." This activity operates within the framework of service activities, in which the incorrect or improper placement of bindings on them may become a basis for being subject to disciplinary responsibility, and re-importance However, the representation of the interests of the state in the management bodies of these commercial organizations can be applied.

In the first place, we are not allowed to replace a civil service post assigned to a sovereign post.

Article 1 The law is to bring to the sovereign settlements of the Russian Federation and sovereign settlements and subjects of the landing, which are established by the Constitution of the Russian Federation, federal laws for the immediate replacement of federal sovereign bodies, and those established by the constitutions (statute ami), the laws of the subjects of the Russian Federation for the middle-ground the renewed importance of their sovereign bodies. The principle of division of power conveys the impossibility of replacing one special seat of the civil service and the elective seat of on a permanent basis in organs legislator , in the organs of local self-government, in the organ of the professional union..

By virtue of which, a civil servant cannot continue to serve in the state service once appointed as a deputy of the State Duma of the Federal Assembly of the Russian Federation, the legislative body of the subject of the Russian Federation, to hold an election on a permanent basis in the body of local self-government bath, in professional groups, including plantings in the elected body of the primary trade union organization

sovereign body If such a situation arises, then the civilian serviceman is guilty of suspending his civil service for the hour of termination of duties in the designated bodies and organizations. This service contract is applied to those released from the civil service who are being replaced, those removed from the registered register of civil services and those included in the personnel reserve - for clause 3, part 1, art.

Civilian servicemen are prohibited from carrying out administrative activities (clause 3, part 1 of the commented article). Civil legislation, regulating regulations between individuals that influence entrepreneurial activity, and for their part, it comes from the fact that entrepreneurial activity is independent, so It is at its own risk, directly on the systematic withdrawal of profits from the mining, sale of goods, financial work or payment served as persons registered with this authority in accordance with the procedure established by law (Article 2 of the Central Committee)..

The very focus on removing profits is the key criterion for the designated

entrepreneurial activity

Civilian services are prohibited from engaging in any types of activities that may be related to enterprise activities - production, sales or acquisition of products or goods, provision of services, trade works with the method to remove the profit;

Volodinya, koristuvannya, ordering of mines, to become the material basis of entrepreneurial activity; for the acquisition of new rights to intangible objects (trademarks, trade marks, trade secrets, company names, etc.). Civilian servicemen are especially prohibited from voting through a representative regarding their shares, shares, and frequent participation in decisions made by the sovereign partnership and partnership.

The legal regime of valuable papers is also regulated by low federal laws.

The most important ones are: dated 22 April 1996. N 39-F3 "About the market of valuable papers" (as amended on April 30, 2006), dated April 29, 1998. N 136-FZ “About the peculiarities of emisia and the cultivation of sovereign and municipal valuable papers” (as amended on April 19, 2006), dated November 11, 2003. N 152-FZ "On mortgage securities" (as amended on June 27, 2006).

The law is to talk about the protection of valuable papers. Since the citizen had valuable papers at the beginning of his activity as a civil servant, he is obliged to immediately transfer the work of the state service under the control of the state under the guarantee of the state. The law has not specified the procedure for such transfer. In addition, part 2 of the commented article establishes a fence on the water supply by the civil service with valuable papers, shares (partially participating in statutory capital

organizations), which may lead to a conflict of interest.

In this case, there is a requirement to transfer valuable papers, shares (parts of the participation in the statutory capital of the organization) to the highest level of management in accordance with

civil law

RF. Prote Part 2 Art. the wine town is directly over-interpreted in the statistics, which is being commented on.

The emergence of specific forms of the wine city until this change lies in the form of specific furnishings, for which such a wine city can be distinguished. They can include the free transfer of any object to the authorities, the transfer of benefits, the collection of civil service duties, etc. In practice, there are a wide variety of options for the “adopted” winery - for example, the transfer to the restoration (free of charge or on the free hand) of inauthenticity objects, transport arrangements, payment for repairs, repairs, celebration, encouragement, presentation of expensive gifts, etc.

(Including for members of the civil service family).

It is possible to give unprimed privileges and transfer to the initial one

scientific activity

, in the case of Vikonanny, he works for copyright agreements, in case of withdrawal of credits and positions, etc. Civil services do not have the right, when traveling, to deduct money from the squadron according to the government authority's view of any legal or physical characteristics; There is no right to profit from their services by paying special expenses.

The participation of civilian servicemen during protocol visits may be accompanied by the collection of gifts in connection with these visits.

The accused may be allowed to leave before their departure abroad on the basis of international agreements, on a reciprocal basis between federal authorities sovereign power, authorities of the subjects of the Russian Federation and authorities of foreign powers, international and foreign organizations.

In these cases, it is not necessary to rely on the services of the receiving party to organize accommodation, food, and transport (within necessary and reasonable limits, as dictated by the method of travel).

Civilian servicemen are prohibited from using non-official means to obtain material and technical support and to transfer them to other persons (clause 8, part 1 of the commented article).

It is subject to respect for the use of office equipment, communication methods, other types of ownership of either the state lane within the service hour or after it, in the special interests or in the interests of other individuals.

It is strictly for the purpose of the Law to ensure that the information is kept confidential, in order not to become a state secret, it is not recognized for wide access.

Such information may become available, for example, to media outlets without being assigned to anyone.

A citizen serviceman who, having voiced such reports, may not have any vested interests, the damage to the fence will be obvious.

The presence of material problems may be a qualifying factor when selecting entry points for civil service.

It should be noted that this formulation of the defense, recorded in paragraph 10 of part 1 of the commented article, significantly duplicates a number of its provisions (only slightly harsher).

Yes, Art.

15, the reinsurance basic obligations of the civil service, includes such as: the extension of the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions (statutes), laws of the subjects of the Russian Federation, other regulatory legal acts of the Russian Federation and their security ; The registration of township obligations is consistent with the township regulations; confidentiality of information that has become a state secret that is protected by federal law, as well as information that has become known to us in connection with the conscription of law enforcement bonds, including information that is kept private life and health of the people Their honor and worthiness;

It is clear that this defense is not absolute in nature, and sometimes the conflict situation may be assessed based on all the aspects that have been resolved (or not) by the civil services. yam zagalnyh vimog, which are required for this behavior, in compliance with the basic obligations established by this Law.

Clause 11 of Part 1 of the commented article transfers the protection of foreign cities, honorary and special ranks of foreign powers, international organizations and political parties to the seizure of civil services.

In principle, it is possible, but in accordance with the rules of procedure, which conveys the availability of written permission from the representative of the civil servant.

The blame has been allocated for scientific cities, honorable and special ranks.

The law protects civil servants from victorious townspeople for election campaigning for their own benefit or for the benefit of other people (clause 12, part 1 of the statute).

Being a citizen of the Russian Federation, he has the right to receive and be convicted.

A citizen, including a civil servant, has the right to pursue any views, being a member of a political party, but he does not have the right to occupy official positions in it. He has no right to oppose the interests of any party or group to the interests of the entire community, or to vikorize his position at the benefit of the party..

community organization

A similar fence has been installed by almost all religious organizations.

It is based on the provisions of the Constitution of the Russian Federation.

IOP Convention No. 87 “For Freedom of Association and Protection of the Right to Organize” (9 June 1948) establishes the provisions regarding which civil servants have the right to exercise their choice of profession do not get together, associate without prior permission, and also voluntarily enter into Such organizations are mindful of complying with their statutes.

Professions of the organized service of the Service of the Victori Statutes that Admiral Rules, I will be upholstered by their own representations, the organized -up -up of the same form of the form of its proceeding. The state authorities and their officials are responsible for any kind of delivery, publication, or protection of the right of civil servants to create professional organizations and interfere with its legal implementation. At the same time, professional groups (associations) of civil servants do not have the right to be assigned to the activities of state bodies until they are assigned functions.

Outstanding principles and norms

international law and international treaties of the Russian Federation, being a warehouse of the legal system (Article 15 of the Constitution of the Russian Federation), find their interpretation in federal laws. and other sums, proper workers.

If there is a delay in payment of wages for more than 15 days, the worker has the right, by notifying the employer in writing, to suspend the work for the entire period until the delayed amount is paid.

Ale Labor Code (yak i, yak i Law N 79-FZ) protects the suppression of work by state services (Article 142 of the Labor Code).

For the sake of fairness, it should be noted that such a right is not deprived of government service, but also of other categories of employees (medical workers who work in organizations that directly serve individuals The types of production, possessions are very unsafe; works directly related to the welfare of the population - energy security, heating and heat supply, water supply, gas supply, communications, sewerage stations and emergency medical care). Reinforcing the principle of freedom of speech, the Constitution of the Russian Federation immediately recognizes the right of citizens to individual and collective labor rights with the various methods of their enforcement established by federal law, including the declaration of a strike (Article 37 of the Labor Code). The provisions of Art. are important.

Federal Law dated January 2, 2007 N 24-FZ "On the introduction of changes to certain legislative acts of the Russian Federation, it is possible to clarify in detail how to replace state or municipal authorities, as well as those of state or municipal services" Part 1 of the commented article was added to paragraph 16 and 17 The stench of revenge of the fence, Directed to protect the foundations of the constitutional order and security of the state, which are a different type of boundary, the possibility of establishing such provisions is transferred to Part 3 of Art.

55 of the Constitution of the Russian Federation.

The barriers to be introduced are based on the peculiarities of the legal status of civil servants who, in this and other worlds, have access to records that should become a state prison, including state secrets and other confidential information. other information.

On the other hand, the established norms of communication also avoid possible conflicts of interest in relations with civil services of posadov and in relations with foreign organizations yami. Clause 16 prohibits civil servants from entering the warehouse of administrative bodies, guardian or supervisory councils, other bodies of foreign non-profit non-regulated organizations and active members of the Russian Federation and their structural units. Subject to paragraph 4 of Art.

2 of the Federal Law dated 12 June 1996 N 7-ФЗ “On Non-Commercial Organizations”, a foreign non-commercial non-organization is understood to be an organization that does not deduct income from the main purpose of its activity and does not distribute the withdrawal of profits between participants, created outside the territory of the Russian Federation according to the legislation of a foreign power, the founders (participants ) what are the state bodies.

Foreign non-profit organizations, like Russian ones, can be created to achieve social, beneficial, cultural, educational, scientific and management goals, protecting the health of communities, development physical culture and sports, satisfaction of spiritual and other intangible needs of the people, protection of rights, legitimate interests of the people and the organization, the rise of disputes and conflicts, provision of legal assistance, as well as for other purposes, directly available to no great blessings.

Structural subdivisions - filials and representatives of foreign non-commercial non-organizations acquire the legality of the Russian Federation from the date of entry into the Register of filials and representatives of international organizations and some merciful disorderly organization of statements about the relevant structural division of the department, transferred to Art.

13.2 of the Federal Law "On Non-Commercial Organizations".

A different procedure for the entry of civil services into the bodies of foreign non-commercial non-routine organizations and other structural units may be provided by an international treaty of the Russian Federation or the legislation of the Russian Federation. Paragraph 17 introduces a ban on the employment of civil servants with virtually any type of activity, including scientific, investment and other creative activities, which are financed, including the funds of foreign powers, etc. International and foreign organizations, foreign communities and individuals without community. We are talking about consulting, giving lectures, speaking at seminars, conferences, conducting scientific research, writing analytical reports and other forms of participation of civil servants with payments from foreign financial institutions ate robots.

The benefit is expanding to work that is paid for, in the form of grants (free assistance) provided by international and foreign organizations, by foreign giants and individuals without the bulk to encourage and develop voluntary initiatives, science and education, culture and mystery in the Russian Federation.

2. Part 2 of the commented article significantly repeats the provisions of paragraph 4 of part 1 of this article.

This more clearly indicates the legal regime for protecting the Volodin civil services with valuable papers, shares (partial participation in the statutory capital of organizations) that can generate income.

There is no absolute protection against such conflict, and if you don’t talk about the situation, a conflict of interests may arise.

In this case, the civil service demands the transfer of valuable papers, shares (parts of the statutory capital of the organization) to better management in accordance with the civil legislation. Prote Part 2 Art. 71 The law, which determines the order of its appointment, conveys that part 2 of the commented article will ensure that after the establishment of the organization, the established power shall exercise more control over the civil services and generate income through valuable papers, shares (partial participation in the statutory capital of the organization).

So far, such an organization has not been designated.

As is the right of the citizen, the right to free labor affords the ship's protection.

Who are we talking about the violation of the right to practice or about the destruction of the fence established by Law No. 79-FZ? How can such a super girl’s decision be praised by the court? These lawsuits have not yet been confirmed.

Only established practices can provide nutritional support regarding the validity of this norm and its effectiveness.

The provisions of paragraph 2 of part 3 of the commented article look much more comprehensive

in an efficient way

protection of sovereign interests Here it is clear about the obligation of any civil service member not to speak out or interfere in the interests of the organization or physical information about the confidential nature of the service information that has become known to me from the connection with the vykonanny of the township bonds.

This provision practically repeats the protection established in paragraph 9 of part 1 of the commented article, except that it applies to another addressee - a citizen who previously served in the civil service.

The restrictions submitted to the commented article can be specified by one hundred different authorities of the state government and various civil service authorities.

The material was prepared from the knowledge of legal acts

Senior Editor

Doctor of Law, Professor

A. F. NOZDRACHOV

D. Yu.N., professor - senior

st;

D. Yu.N.

- art.

Art.

45, 46, 48, 69, 70, 73;

K. Yu.N.

- art.

Art.; D. Yu.N.- art.

Art., 47, 49, 53, 54, 71, 72, 74.

ENTERED ARTICLE

"Labor Code" for sovereign civilians

servicemen of the Russian Federation

The law establishes the civil service as an institution to ensure the current re-importance of state bodies, manage state funds and provide state services.

In other words, the Law constructs the civil service as an all-pervading institution of government administration.

To regulate this aspect of the civil service, the Law determines the subject of the activity of civil services, the principles of organization of the civil service, the rudimentary organizational structure of the civil service - the planting system;

means the obligations, accountability and disciplinary responsibility of civil servants in order for their actions to be carried out, regulated by law, and also vulnerable to censure in court and for re-examination by various regulatory authorities, for example, the prosecutor's office.

As part of the organizational aspect of the civil service, the Law of the present day regulates food related to the civil service planting system.

The Law dedicates a chapter to the posads of the state civil service.

In this division, the plantings are classified into categories and groups, and additional qualifications are also assigned for these plantings.

Thus, four categories of settlements are reserved: “kerivniki”, “pomichniki (radniks)”, “fakhivtsi” and “safe fakhivtsi”.

By way of regulating the legal status (status) of a sovereign civil service member, the Law defines the concept of “sovereign civil service member” and establishes his fundamental rights and obligations, as well as the boundaries and protections in the civil service, possible before service and the behavior of a civil servant.

The Gromadyansky serviceman is dedicated to his middle-class kerivnik, the voluminous kerivnik, including the crown of his garden bonds.

For all other soldiers, the status of civil service is clearly stated in the Law.

This status means the replacement of administrative and service bills.

It is the totality of rights, freedoms, obligations, boundaries, protections, regulations of activity and responsibility of civil services established by the Law.

They themselves establish a clear commitment to the renewed importance of civil services, which will ensure their independence and independence from the will of the minister. The civil service worker does not have his rights and obligations established by law. The Law agrees on the obligations of the sergeant not to interfere with civil services in the exercise of their constitutional rights to participate or not to participate in the activities of political parties and other large-scale associations and religions other organizations.

The right to association is based on goodwill, equality, self-government, legality, transparency (Article 30 of the Constitution of the Russian Federation). Following the formal declaration of human rights (Part 2 of Article 20), no one can be intimidated into any kind of association. Therefore, from the side of the ceramics to the participation in the activities of political parties, other large associations and religious associations, it is considered as a gross violation of the fundamental provisions of the Constitution of the Russian Federation.

I will close the chapter of the Law which is dedicated to the establishment of the government's civil services, as well as to the establishment of service discipline in the civil service, the establishment of disciplinary restrictions and the organization of service checks.

The Law contains a mechanism for resolving conflicts of interests in the state's civil service. The approval of the commission from the state authorities is transferred so that it can be completed before the official conduct of the civil service and the regulation of conflicts of interest. These commissions, as well as other commissions that are supposed to be created by government bodies (competition commission, certification commission, commission of government bodies for service disputes), fate independent experts The number of these may become no less than one quarter of the total number of members of the commission.

The introduction of these norms is aimed at ensuring the confidentiality of the state civil service and interaction with institutions

huge marriage , which can increase the trust of the population to the state's civil service. As one of the elements of the anti-corruption mechanism, it is also necessary to consider the provisions of the Law that require the transfer of the obligations of a citizen to enter the civil service, as well as the obligations of a civil service employee, which must be promptly presented to the representative of the recruiter about income, maino and goiter’s yazannya main character.

Apparently, the Law on Civil Service is not the Law “On the Practice of Civil Services”

Labor Code

civil services", reflects the growing interest in the development of public legal regulation of the civil service institution, as well as the ongoing development of administrative law norms in the regulation of government services This Law is an administrative law, which also includes the norms of constitutional and financial legislation, which mean the subject of knowledge, obligations and rights, the identity of these subjects, which ensure the restoration of the power of the state, manage the state's funds and provide services to the population of the state.

The law marks a sharp administrative transition in the legal regulation of the activities of civil services; it includes them from the category of hiring of civil servants, providing a special procedure for hiring, recruiting the minds of the service, considering individual disputes, etc.; civil services.

In line with this aspect, the Law sets out the principles for the selection of candidates for the civil service, recruitment and promotion, as well as incentives and retention in the service of qualified civil servants.

The law protects the professional independence of civil servants of one hundred political structures of the state, represented by individuals who replace the state authorities of the Russian Federation and the state authorities of the subjects of the Russian Federation, in order , in order to ensure that the military control of civil services takes place without undue influx from the side of political and other structures.

This independence of the Law is guaranteed by the totality of all procedures for the competition, including the selection of candidates, the establishment of a service contract before appointment, certification during the process of service, etc.

The law transfers the ability of a citizen to the state civil service and the replacement of a civil servant in another position of the state civil service on a competitive basis.

In this case, independent experts may be included in the composition of the competition commissions.

The law prescribes a penalty if the competition is not held.

Zokrema, without a competition the following awards can be held:

on the grounds of the civil service, which is replaced by the values ​​of the lines, the categories “kerivniki” and “pomichniki (radniks)”;

on plantings, the designation for such a settlement is determined by the President of the Russian Federation or by the Order of the Russian Federation and others.

The Law regulates in detail the procedure for conducting certification of state civil services and the procedure for developing their qualifications.

The professional independence of civil servants is aimed at emphasizing such an aspect of the civil service as the requirement to comply with the provisions of the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation and for this purpose Litigation before the representative authorities and higher authorities viconic ruler.

The Community Service, as an institution of the state, deals with the vital interests of the kingdom and the state, as determined by federal laws and policies.

The Law clearly defines the function of civil service as an important aspect of the separation of political and state-service activities in the state.

Politics and administration are different types of activities in a state and may have different aspects of legality.

Those that are legal for a politician can turn out to be evil for a civil servant.

The professional independence of civil services also requires a clear definition of their service rights.

The law secures the rights of civil servants, which correspond to their obligations, their integrity and loyalty to the state, as well as their professional qualifications.

Section 10 of the Law regulates the payment of food for civil services and sets out the procedure for forming the payment fund for federal civil services.

Who has the same payment plan for all civil services, similar to the payment for government services and other types of government service.

To the warehouse of a penny salary for a civil service, a monthly salary is included and a monthly salary according to the assigned class method of the civil service, which adds up the salary of a penny for the morning, a monthly supplement for the salary of a penny for the morning for long service, a thousand-dollar bonus for special minds in the civil service and for work, What to establish a sovereign prison, prizes.

The law does not transfer the creation of brightened and privileged minds to civil services. Payment of the percentage of other benefits that are provided to civil services is subject to the additional obligations that are imposed on them. Payments for many civil services may significantly increase the cost of stimulating productive work (

different appearance allowances and bonuses). The law first conveys the possibility of installing a civil service in the surrounding areas

special minds

payment for the majority of civil services, responsible for the dark minds of such payment.

The Law transfers the current financial expenditures of federal civil services from the additional federal budget and civil services of the subjects of the Russian Federation from the additional budgets of the subjects of the Russian Federation which Federation.

The implementation of the following provisions of the Law is consistent with sovereign guarantees transmitted by the latest regulatory legal acts of the Russian Federation, obviously, due to the receipt of additional funds from the federal budget and the budgets of the constituent entities of the Russian Federation tsii.

The law comes into force six months after its official publication.

Recently, paragraph 1 of Article 71 established a different procedure for accruing ranks in accordance with the provisions of the Law.

Thus, the accrual of rank under the provisions of Articles 50, 51 and 55 of the Law is related to the accrual of rank by decree of the President of the Russian Federation, which amounts to a penny loss of the state’s civil services.

In connection with this, the Government of the Russian Federation may transfer a step-by-step increase in taxes to the federal budget, reducing the number of federal civil services from the inclusion of special taxes in the federal budget.

A significant part of the draft regulatory legal acts may have been prepared in 2005. Please get acquainted with the draft plans of the sovereign deputies of the Federal program "Reform of the sovereign service of the Russian Federation (2 stages)" until the end of the Program in 2005. (as of the 1st quarter of 2005) shows that not all inputs transferred to the Program are included in the plans of the sovereign's deputy. So, at the Ministry Plan economical development

and trade of the Russian Federation has not been transferred to experiments and pilot projects testing new methods for planning the activities of federal government agencies, systems of indicators and evaluation criteria ity of the federal civil services.

The subject of the draft decree of the President of the Russian Federation on the approval of official indicators of the effectiveness and efficiency of the state’s civil services is unjustifiably “infatuation.”

The Plan of the Ministry of Finance of the Russian Federation has no intention of establishing methods of program-targeted financing of other federal government agencies, oriented towards increasing the efficiency of activities and federal civil services. The Plan of the designated Ministry also does not transfer resources to the balance method and current forms

assessment of the effectiveness of budgetary departments created by federal government bodies.

In the plans of the Ministry of Economic Development and Trade of the Russian Federation and the Ministry of Finance of the Russian Federation, as the heads of the Program, it is important in terms of reforming the state civil service, preparation of draft normative legal acts that arise from the Federal Law “On State Civil Service” has not been transferred, for example, about the establishment of service contracts, the provision of one-time subsidies for the addition of residential space, the procedure for a single qualification, etc.

The plans of the state deputy ministers have not yet completed the examination of the existing legislative and regulatory framework of the state service, bringing it up to date with the new state service positions and new social minds.

Underestimation of the time frame for preparing draft normative legal acts that arise from the Law may disrupt the implementation of the main provisions of the Law.

In this case, the Law will lead to an increase in data, which is not consistent with the establishment of the institution of civil service.

The practicality of draft by-laws, necessary for the implementation of the Law, explains the significance of the difficulties in commenting on its provisions.

Important for the presence of a significant number of specific, detailed and transformative norms from the law to the norms of direct action, comments to other articles are necessarily short.

Significance of the Law on Civil Service in the context of administrative reform The community service, as the most important social, legal, organizational institution that ensures the sovereign function of the state, as well as the activities of the authorities of the state and their apparatus, functions in a broad context administrative law.

.

This context is directly shaped by the character of this government as the “locomotive” of government governance.

Therefore, the role and importance of the Law as a good legal basis is highly appreciated, since it is clear that the civil service institution is not yet equipped with all the necessary administrative and legal instruments to ensure its Valuable and efficient functioning is consistent with constitutional standards.

legal power

The law on the civil service can be seen in its interconnection with other great administrative laws, the preparation of which is fundamental to administrative reform. federal bodies Vikonavchy's rule.

Such a law not only stabilizes the new typology of bodies of the past government and their system on the federal level, but puts an end to the uninterrupted horizontal movement of civil services, which causes panic in the middle.

To establish clear government discipline of civil services, it is necessary to streamline administrative procedures, as well as the necessary rules for the implementation of the competence of a sovereign body.

It is unacceptable to have such a situation in which any civil servant can submit these and other actions to the authorities, and any body of the Viconau can carry out actions in compliance with the authorities’ rules.

The government bodies carrying out their activities must comply with the uniform rules established by law.

Comments The law (Article 47) provides the necessary impetus for the thorough and proper regulation of administrative procedures. Here (Article 47) it is first stated that the professional activity of the civil service is subject to the city regulations, which are confirmed by the representative of the employer and the warehouse administrative regulations of the sovereign body. In connection with the law, the current state provides a comprehensive legislative basis for administrative regulations of state bodies.

It is necessary to remove them from the sphere of fragmented government regulation and place them on the proper foundation of law.

The law on administrative judiciary, due to the need in the future, will attract the creation of specialized federal courts - federal administrative courts. It is absolutely necessary to “reanimate” the draft Federal Law on Administrative Judges, which is “in suspended animation” State Duma z 2000 rub. Provisions of part 2 tbsp. 118 and paragraph “k” of Part 1 of Art.

72 of the Constitution of the Russian Federation about development

ship ownership

the form of administrative justice may be implemented.

The goal is to ensure that the institution of civil service under the law is given “technical and technological” completeness, including the mechanism of its functioning with sufficient legal clarity and importance. Tim himself will reach the essential point of administrative reform - the creation of a system of state government, which is regulated primarily by law, which requires mental improvement in efficiency, transferability and changes in the number of illegalities their action and decision. It is necessary to activate other institutions for the accountability of civil services.

The author’s team is confident that the work they have prepared will be useful for civil services and government services of other types of government service, as well as for municipal services and for all those who are involved in their work to enforce legislation on the civil service.

Senior Editor

The commentary is also useful for initial purposes.

Doctor of Law,

Professor O. F. NOZDRACHOV

RUSSIAN FEDERATION

FEDERAL LAW

ABOUT THE STATE COMMON SERVICE

RUSSIAN FEDERATION

Chapter 1. ZAGALNI POSITIONS

Article 1. Basic terms

Comment to statti 1

The article, which is being commented on, provides a replacement for the main provisions of the Law, as well as their stagnation in practice in the future.

The main thing is to include the understanding that most often get used to the legislation on government service, despite the actual replacement of some of them, which is constantly changing.

All the concepts that are defined in the Law are the main changes and minds, “points of reference” for the formulation in the Law of specific norms and provisions about the organization of the civil service and the legal formation of civil services.

The law preserves the tradition for legislation on government service by defining the “apparatus (central apparatus) of the government body.”

The apparatus is part of the structure of the sovereign body.

The sovereign body is structurally a group of civil servants.

The warehouse parts of the structure of the apparatus of the sovereign body are independent structural units, which may have different names - departments, management, branches, etc. The government authority establishes in regulatory legal acts the specification of specific structural units, methods of their fusion, as well as the type of personnel and civil services.

The structure of the sovereign body is determined by us before the change of order, which promotes the highest level. Other structural subdivisions of the sovereign body are also called sovereign bodies and are perceived as such. For example, the Administration of the President of the Russian Federation is characterized as a state body, in its own way, the Administration of the President of the Russian Federation (federal agency) - as a federal body of the government (a body within a body).

Such facts can be explained by the fact that specialized bodies and other structural subdivisions of the sovereign body are given direct legal orders to pay attention to the demands that arise. However, in this case, its competence flows from the competence of that body, the structural unit of which it is. The whole point of the articles of the Law is to take revenge on the "

posadova person<*>". For the purposes of a clear understanding of the meaning of the articles in the glossary, the Law also gives a specific concept of “posadov’s person.”

<*>In accordance with the law, the villagers and protectors of the ceremonies of the state bodies and their apparatus, other state services, are respected by law and by other regulations.

legal acts assigned organizational, administrative and advisory functions. Submitted to the Decree of the President of the Russian Federation dated 01.01.2001 N 314 “On the system and structure of the federal bodies of the crown government”

1. Posada of the civil service - this is a posada shodo vikonannya and the protection of a re-important sovereign body.

The remaining functions must be maintained.

With this method, the power endows its bodies with power-sovereign duties, so that they have the right to make legal decisions.

These are of renewed importance according to the competence of the local government body (additional commentary to Article 8). 2. For the commentary to the Law, the concept of “representative of the employer”, who is a key figure in the system of the state civil service, is of great importance. Representative of the recruiter - the one who is involved in the renewal of recruitment for the state civil service in the name of the Russian Federation and the subject of the Russian Federation.

Under the concept of “representative of the employer”, the Law is based on the respect of the official responsible to the sovereign body, either the person who holds the sovereign seat, or their representative.

These persons are given the right to represent the interests of the Russian Federation and the subject of the Federation.

5. On the remaining day of the civil service’s discharge from the civil service, a representative of the hiring manager receives a written application from the civil service to the civil service. work book, other documents related to the civil service and pension security, and to generate residual expenses from them.

6. When the service contract is terminated, the civil service officer is included in the register of civil services of the sovereign body, and the special officer on the right in the established order is transferred to the archive of the sovereign authority.

7. At the discretion of the civil service member and the civil service hiring representative, the civil service officer who is being replaced may be released from the civil service prior to the line designated in this y statti.

8. Following a written application from the civil service, the civil service officer who is being replaced will be released from the civil service after being granted immediate paid leave. after the end of the period and the temporary unavailability.

Name: Comment before Federal Law"About the state civil service of the Russian Federation."

Article-by-article legal commentary to the Federal Law dated June 27, 2004. No. 79-FZ "On the State Civil Service of the Russian Federation" is the first in the field of law in the field of science, practice and legal turmoil.
The authors of the commentary are senior lawyers, government servicemen, practicing law enforcement officers in the government civil service department, and senior intelligence officers of governmental structures, who represent the Apparatus of the Russian Federation and federal authorities what do you own? The norms of this Law are combined with the regulation of legal positions established by the Ministry of Health and social development
of the Russian Federation on the new functions of the current state policy and legal regulation in the sphere of the state civil service, following the preparation of official investigations into the drinking of state bodies, the brutalization of communities and organizations. Right-wing commentary on the purposes for practical robots with the implementation of legislation on the state civil service by the civil servants and guards of the state bodies, the protection of subdivisions from the nutrition of the state service and personnel, for the state civil services, as well as for the citizens of Russia, such as the real eat your own constitutional rights

The establishment of a legal state with established democratic institutions is carried out with the help of laws that meet the criteria of social justice.
Formation of legislation on the sovereign service, which optimally combines the light standards of normative justice with the historical features of the official investigation, is a necessary element of legal security of the creation that takes place at the current stage of the sovereign life . p align="justify"> The reform of the government service is carried out in conjunction with other reforms, the most important of which is the promotion of the goodness of the citizens of Russia, the development of all spheres of everyday life. The main direct reforms of the state service were indicated by the Concept of reform of the system of state service of the Russian Federation, approved by the President of the Russian Federation on September 15, 2001. Based on the method of implementation, November 19, 2002. Decree of the President of the Russian Federation N 1336 approved the Federal program "Reform of the State Service of the Russian Federation (2003 - 2005)", the term of which was extended for two further years. As a result, a complex of approaches was created to create legislative base

government service, associated with it due to the vulnerability of the citizens, the reduction of personnel, the introduction of new
information technologies
at the state apparatus and in. The State Service has become a legal, social, organizational institution ensuring that the State Services carry out the functions of the State and the activities of the State bodies.
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1. Regulatory legal acts
2. Official appearances
3. Other shortcuts
Preamble
Section 1. Legal provisions
Article 1. Basic terms
Article 2. Subject of regulation of the Federal Law
Article 3. State Civil Service of the Russian Federation
Article 4. Principles of civil service
Article 5. Legislation of the Russian Federation on the state civil service of the Russian Federation
Article 6. Interaction between the civil service and the government service of the Russian Federation of other types
Article 7. Interaction between the civil service and the municipal service
Chapter 2. Civil service plantings
Article 8. Civil service plantings
Article 9. Classification of civil service settlements
Article 10. Register of Posads of the State Civil Service of the Russian Federation Article 11. Classes of civil service Article 12. Qualifications before entering the civil service
Section 3.
Legal camp
Article 15. Basic obligations of a civil servant
Article 16. Liability related to the civil service
Article 17. Defenses associated with the civil service
Article 18. Requirements for civil service conduct before duty
Article 19. Regulation of conflicts of interest in the civil service
Article 20. Submission of information about income, about the main character and the destruction of the main character
Chapter 4. Recruitment for civil service
Article 21. Right to civil service
Article 22. Recruitment to the civil service and replacement of the civil service by competition
Chapter 5. Service contract
Article 23. Understanding the parties to the service contract
Article 24. Substitution of the form of service contract
Article 25. Lines of the service contract
Article 26. Establishment of the service contract
Article 27. Testing for entry into civilian service
Article 28. Transfer of civil service to another station or relocation
Article 29. Change of minds to a service contract
Article 30. Timing of replacement of other civil service positions
Article 31. Notes related to the civil service, during the reorganization or liquidation of a sovereign body or the short-term shutdown of the civil service
Article 32. Replacement of the civil service that is being replaced.
Chapter 6. Present the legacy of the service contract
Article 33. The final provisions of the service contract, those released from the civil service, which are replaced, and those released from the civil service
Article 34. Extension of the service contract after the year of the parties
Article 35. Renewal of a string service contract
Article 36. Extension of a service contract from the Civil Service Initiative
Article 37. Extension of a service contract through the initiative of a representative of the employer
Article 38. Informing the elected trade union body upon the completion of a service contract
Article 39
Article 40. Attribution of the service contract to the violation of the obligatory rules at the time of laying down the service contract
Article 41. Extension of the service contract in connection with the release of the civil service from the community of the Russian Federation
Chapter 7. Personal data of a civil servant. Personnel service, in the organs of local self-government, in the organ of the professional union.
Article 42. Personal data of the civil service and maintenance of special information of the civil service
Article 43. Registers of state civil services of the Russian Federation
Article 44. Robot personnel
Section 8. Service hour it's time to fix it
Article 45. Hours of service and hours of repair
Article 46. Permits for civil service
Chapter 9. Civil service
Article 47. Village regulations
Article 48. Certification of civil services
Article 49. Qualified person
Chapter 10. Payment of civil services
Article 50. Payment for civil service
Article 51. Fund for payment of civil services and civil servants of the sovereign body
Chapter 11. State guarantees in the civil service
Article 52. Basic sovereign guarantees of civil services
Article 53. Additional sovereign guarantees of civil services
Article 54. Civil service experience
Chapter 12
Service discipline in the civil service
Article 55. Reward for civil service
Article 56. Service discipline in the civil service
Article 57. Disciplinary restrictions
Article 58. Procedure for establishing and lifting disciplinary penalties
Article 59. Service verification
Chapter 13. Formation of personnel for the civil service
Article 60. Principles and priorities directly forming the personnel warehouse of the civil service
Article 61. Professional training of personnel for the civil service
Article 62. Professional retraining, advancement of qualifications and internship of civil service Article 63. The State's agreement on professional retraining
, advancement of qualifications and internship of civil services
Article 64. Personnel reserve in the civil service
Section 14. Financing of the civil service.
Program for the development of the civil service
Article 65. Financing of the civil service
Article 66. Program for the development of the civil service
Chapter 15. Sovereign supervision and control over the development of the legislation of the Russian Federation on the sovereign civil service of the Russian Federation
Article 67. Bodies of sovereign supervision and control over the development of legislation of the Russian Federation on the sovereign civil service of the Russian Federation
Article 68. Responsibility for violating the legislation of Ukraine on the state civil service of Ukraine
Section 16. View of individual service supers
Article 69. Individual service superchka
Article 70. Bodies for considering individual service disputes
Chapter 17
Article 71. Establishment of rank by the Law
Article 72. Recognition of those who have lost their decorum, okremih legislative acts.
Article 73. Statute of laws and other normative legal acts that interfere with labor law norms
Addendum 1. Statistical data on the dynamics of numbers and payment of government civil services (according to Rosstat)
1.1.
Number indicators
1.2.
Payment indicators
Addendum 2. Transfer of normative legal acts of the President of the Russian Federation and the Government of the Russian Federation, adopted in accordance with the developments of the Federal Law dated July 27, 2004 N 79-FZ
Addendum 3. List of regulatory legal acts that are subdivided into accordance with Law No. 79-FZ
Addendum 4. Documents to be retained in the state civil service
4.1.
Examples of documents that will be required before entering the state civil service Questionnaire, closed regulations of the Russian Federation dated May 26, 2005 N 667-r
Declaration about the income of the giant and what is due to him in the right of power, vol.
By Decree of the President of the Russian Federation dated May 15, 1997 N 484
Evidence about the common denomination connected with substitutions
sovereign planting
Russian Federation, sovereign plantation of the federal sovereign service, approved.
By Decree of the President of the Russian Federation dated May 15, 1997 N 484
Service contract for the passage of the state civil service of the Russian Federation and replacement of the position of the state civil service of the Russian Federation
sovereign planting
4.2.
Examples of documents that will be required during the period of civil service
4.2.1.
When taken
Application
4.2.2.
If recognized
Tribute about recognition
4.2.3.
When translating
4.2.4.
When issued a permit
sovereign planting
Roseordered
information
4.2.5. During certification Video about professional service activities Attestation sheet of the state civil service of the Russian Federation 4.2.6.
Once facts of violation of discipline have been established
Act on the appearance on duty of a civil servant with signs of alcohol, narcotic or toxic intoxication and imprisonment from the plantation (not admitted to the consignment of the courtyard obligations) Act on the conduct of a medical examination by a civilian serviceman to detect alcohol, narcotic or toxic intoxication 4.2.7.
7.2.
Recommendations for the introduction of features that replace the plantings of the Federal Civil Service, to the category of "to ensure safekeeping"
I. Basic provisions and understanding
II.
It has been clarified that civil service personnel have been upgraded to the category of “secured agents”
III.
Procedures for the appointment of a civil service landing, the release from the landing that is being replaced, and the release from the civil service
7.3.
Explanation of the Ministry of Health and Social Development of Russia on the current legislation on the state civil service (viluchenya)
Addendum 8
Technologies for monitoring legislation on the state civil service
Main benefits before organizing the implementation of Law No. 79-FZ Methods of implementation of Law No. 79-FZ Evaluation indicators of implementation of Law No. 79-FZ
Questionnaire about the implementation of Law No. 79-FZ by the federal authorities of Victoria
Addendum 9. Look around
1. ship practice on the right, a connection with the state civil service
Addendum 10. Materials about verification will establish the legality of the state civil service system
Addendum 11 Educational plan-structure of a standard program for the development of the state civil service