Analysis of compliance with the legislation on the State Civil Service in the Ministry of Justice. State control and supervision of compliance with legislation on the state civil service in the Russian Federation Umanskaya Victoria Petrovna
Riiai Kurbanov
SUBJECTS OF CONTROL AND SUPERVISION OF COMPLIANCE WITH LEGISLATION ON THE STATE CIVIL SERVICE IN THE RUSSIAN FEDERATION
The article provides a comparative legal analysis of the organization of control in the field of public service and shows that it involves various government agencies. A decisive place in this regard is given to government bodies exercising direct external and internal control.
The article considers the rather-legal analysis of control organization in the sphere of public service and shows that various state structures are involved in it. The key place here belongs to the state structures which are carrying out the direct external and internal control.
presidential control, external control, non-departmental control, civil service, law enforcement service; presidential control, external control, non-departmental control, civil service, law-enforcement service.
Non-departmental, or external, control is carried out by government bodies in relation to organizationally non-subordinate objects. Based on the broad understanding of the term “public administration”, the subjects of this type of control are the bodies of supra-departmental control (at the federal level - the President of the Russian Federation, the Federal Assembly of the Russian Federation, federal courts, Government of the Russian Federation, Accounts Chamber, Commissioner for Human Rights of the Russian Federation, etc., at the regional level - presidents, heads of executive power of the constituent entities of the Russian Federation, legislatures, civil service management bodies) and interdepartmental management (for example, the Ministry of Finance of the Russian Federation).
First of all, let us consider the powers of the President of the Russian Federation, as one of the subjects of external control over compliance with legislation on public service.
In accordance with the Constitution of the Russian Federation, the President of the Russian Federation has broad powers and exercises control over the implementation by executive authorities of federal laws, decrees and orders of the President of the Russian Federation, annual messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation, decrees and orders of the Government of the Russian Federation, federal programs, international regulatory legal acts.
Presidential control is aimed at creating an effective management system for government bodies, as well as creating unified system civil service that implements the functions of the state.
Our bureaucracy is still, to a large extent, a closed and sometimes simply arrogant caste that understands public service as a type of business1. And therefore, KURBANOV’s number one goal for us remains increasing the efficiency
Rizvan Daniyalovich - 1 Umanskaya V.P. State control and supervision of compliance with the law -
doctoral student of the Civil Registry of State Statistics of the Russian Federation about the state civil service In Russian federation. - M.,
President of the Russian Federation 2007, p. 89.
efficiency government controlled, strict adherence by officials to the rule of law, their provision of high-quality public services to the population1.
An important place in the system of presidential control over compliance with legislation on the civil service is occupied by control over compliance with the discipline of execution of decisions and instructions in the organizational activities of ministries, services and agencies. A study of the control results indicates that the level of organization of their implementation in a number of government bodies raises many complaints. Most of the decisions made by the President of the Russian Federation are executed in violation established deadlines and at an insufficient quality level2.
As the causes of many problems, it should be noted the untimeliness of taking measures or their inadequacy, lack of thought management decisions and actions, as well as the lack of necessary responsibility officials for the implementation of laws and regulations on public service.
The Constitution of the Russian Federation vests the President of the Russian Federation with broad powers. As the guarantor of the Constitution, the rights and freedoms of man and citizen, the President of the Russian Federation takes measures to protect them, protects state integrity, and ensures the coordinated functioning and interaction of government bodies.
Taking into account constitutional status The control exercised by the President of the Russian Federation is a strategic means of organizing the normal functioning of the civil service system, its development and improvement. The control status of the President of the Russian Federation is part of his general administrative and legal status, which is defined by Art. 80-93 ch. 4 of the Constitution of the Russian Federation. His legal essence is revealed through the signs by which the President of the Russian Federation is characterized as the head of state; guarantor of the Russian Constitution
1 Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation dated April 25, 2005 // Russian newspaper, No. 86, April 26, 2005
2 Tarasov A.M. Presidential control: concept and system. - M.: Legal Center Press, 2004, p. 8.
Federation, human and civil rights and freedoms; supreme commander; subject of the legislative process.
In addition to the Constitution of the Russian Federation, the broad powers of the President of the Russian Federation in the field of public service are established and provided for by the laws “On the civil service system of the Russian Federation” and “On the state civil service of the Russian Federation”.
In accordance with Art. 83 of the Constitution of the Russian Federation, to ensure the implementation of the powers of the President of the Russian Federation in the field of public service and to monitor the implementation of decisions of the President of the Russian Federation, the Administration of the President of the Russian Federation was created. The Administration of the President of the Russian Federation was formed by Decree of the President of the Russian Federation of March 25, 2004 No. 400.
The Regulations on the Administration of the President of the Russian Federation establish powers in the field of public service and control over compliance with legislation on public service, which are distributed among the departments of the President of the Russian Federation. The Administration is preparing proposals for the President of the Russian Federation on the implementation of state policy in the field of reforming the state and municipal service, combating corruption in government bodies and bodies local government, resolving conflicts of interest and reforming state and municipal services; executes instructions and monitors the execution of instructions of the President of the Russian Federation.
The task of the Office is to assist the President of the Russian Federation, within the limits of his powers, in determining the main directions of reform and development of the civil service of the Russian Federation, in ensuring the coordinated functioning and interaction of government bodies on these issues.
To implement these tasks, the Department has the right to request and receive in the prescribed manner necessary materials from independent divisions of the Administration of the President of the Russian Federation, from federal bodies state authorities, government bodies
authorities of the constituent entities of the Russian Federation, local governments, organizations and officials, as well as participate in inspections carried out by the relevant divisions of the Administration of the President of the Russian Federation, federal executive authorities and regulatory authorities. However, the powers on civil service issues concentrated under the authority of the Office of the President of the Russian Federation are aimed mainly at its development and reform and are insufficient to exercise full state control in the field of civil service1.
To implement these goals and objectives, the Administration includes specialized bodies - the Control Directorate of the President of the Russian Federation, authorized representatives of the President of the Russian Federation in the federal districts.
The activities of the Control Directorate are regulated by Decree of the President of the Russian Federation of June 8, 2004 No. 729 “On approval of the Regulations on the Control Directorate of the President of the Russian Federation”2. This unit is entrusted with the implementation of both extradepartmental and intradepartmental control.
In this regard, the powers and activities of the Control Directorate of the President of the Russian Federation deserve special attention. The main functions of the Control Department are:
Control and verification of the implementation by federal executive authorities, executive authorities of the constituent entities of the Federation, their officials, as well as organizations of federal laws, decrees and orders of the President of the Russian Federation;
Control and verification of the execution of instructions of the President of the Russian Federation and the head of his Administration;
Preparation, based on inspections, of information for the President of the Russian Federation on the prevention of violations and
1 Umanskaya V.P. State control and supervision of compliance with legislation on the state civil service in the Russian Federation: diss. ... K. Yu. n. - M., 2007.
2 Regulations on the Control Department of the President of the Russian Federation // SZ RF, 2004, No. 24,
improving the activities of federal executive authorities, executive authorities of the constituent entities of the Federation;
Direction to necessary cases to the prosecutor's office, internal affairs, federal security service and other executive authorities of materials about identified violations.
The main organizational and legal forms of control are the organization and conduct of inspections and other control activities, as well as the consideration of reports on the execution of orders of the President of the Russian Federation and the preparation of proposals to remove control or extend the deadlines for the execution of these orders.
The control department is not directly vested with the authority to impose penalties on officials who have committed various types of offenses. But it has the right to make proposals to the President of the Russian Federation, the heads of federal executive authorities, executive authorities of the constituent entities of the federation on bringing to justice officials who committed violations.
An analysis of the activities of the Control Department shows that, along with monitoring compliance with legislation regulating activities in the field of housing and communal services, issues of payment wages, state migration policy, organizing the fight against crime, checking the implementation of federal target programs in various areas, insufficient attention is paid to the problems of compliance with legislation on public service.
The Control Department also checks the implementation of other acts of the President of the Russian Federation in the field of public service. As an example, we can cite the verification of the implementation by the Ministry of Property of Russia of the decrees of the President of the Russian Federation “On measures to strengthen discipline in the civil service system”3, “On measures to improve the organization of control and verification of execution
3 Decree of the President of the Russian Federation of June 6, 1996 No. 810 “On measures to strengthen discipline in the public service system” // Social Protection of the Russian Federation, 1996, No. 24, Art. 2868.
not complying with the instructions of the President of the Russian Federation"1. During the audit, it was established that the control system in force in the ministry is ineffective and does not ensure timely and high-quality implementation of the instructions of the President of the Russian Federation. As a result of control, the Ministry of Property of Russia took measures to eliminate the identified deficiencies, employees of the central office who committed violations were brought to disciplinary liability, and the practice of reviewing the progress of the implementation of instructions at meetings with the leadership of the ministry was introduced.
In addition to the above-mentioned departments of the President of the Russian Federation, civil service issues are included in the jurisdiction of the interdepartmental working group to ensure activities related to the reform and development of the civil service under the Commission under the President of the Russian Federation on Improving Public Administration2.
One of the tasks assigned to this Commission is to develop and submit, in the prescribed manner, proposals for the reform and development of the civil service of the Russian Federation. To solve the tasks assigned to it, the Commission has the right to request and receive, in the prescribed manner, the necessary materials from federal government bodies, government bodies of constituent entities of the Russian Federation, as well as send prepared materials to the Government of the Russian Federation for consideration and adoption of normative legal acts and (or) resolving the issue of submitting draft federal constitutional laws and federal laws to the State Duma of the Federal Assembly of the Russian Federation in accordance with the procedure legislative initiative Government of the Russian Federation. As can be seen from the above, the powers granted to the Commission allow it to ensure timely
1 Decree of the President of the Russian Federation of November 6, 1996 No. 1536 “On measures to improve the organization of control and verification of the execution of orders of the President of the Russian Federation” // Social Protection of the Russian Federation, 1996, No. 46, Art. 5241.
2 Decree of the President of the Russian Federation of July 16, 2004, No. 910 “On measures to improve public administration” // SZ RF, 2004, No. 29, Art. 3019.
the adoption of regulations aimed at the development of the civil service, but do not provide the opportunity to directly monitor the implementation of existing legislation on the civil service.
An analysis of the organization of subjects of presidential control over compliance with legislation on the civil service shows that one of the main reasons for the underdevelopment of state control is the lack of an effective system of organizational, legal and methodological support for presidential control.
Plenipotentiary representatives of the President of the Russian Federation in the federal districts are called upon to occupy an important place in the system of non-departmental control over compliance with legislation on the state civil service. One of the main issues in their activities should be control over ensuring the unity of the federal civil service and the civil service of the constituent entities of the Russian Federation.
The plenipotentiary representative of the President of the Russian Federation in the federal district is an official representing the President of the Russian Federation within the relevant federal district.
Authorized representative during execution job responsibilities has the right of unhindered access to any organizations located within the relevant federal district.
One of the subjects of external control over compliance with legislation on the civil service is the Government of the Russian Federation. The government is supreme body executive power of the Russian Federation, heads the administrative control system.
Neither the Constitution of the Russian Federation nor the Federal Constitutional Law “On the Government of the Russian Federation” directly establishes the powers of the Government of the Russian Federation in the field of public service. However, Art. 22 of the Federal Constitutional Law “On the Government of the Russian Federation” assigns to the Government of the Russian Federation certain other powers assigned
on it by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation. These, in particular, are the powers to issue legal acts regulating the civil service.
At the same time, the Federal Constitutional Law (Article 4) “On the Government of the Russian Federation” vests in the Government the authority to exercise systematic control over the implementation by federal executive authorities and executive authorities of the constituent entities of the Russian Federation of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees President, international treaties Russian Federation. In order to organize the execution of federal laws, decrees and orders of the President of the Russian Federation, the Chairman of the Government of the Russian Federation and his deputy give instructions to federal ministries and other federal executive bodies whose activities are managed by the President or the Government of the Russian Federation.
To implement this type of control, the government hears at its meetings federal ministers, heads of other federal executive authorities, heads of executive authorities of constituent entities of the Russian Federation, evaluates the activities of these bodies and relevant organizations, makes decisions on the repeal or suspension of acts of federal executive authorities , on submitting proposals to the President of the Russian Federation to suspend the actions of executive authorities of the constituent entities of the Russian Federation, and to bring officials to disciplinary liability. In addition, in accordance with the regulations, the government at its meetings reviews the progress of implementation of government programs and plans.
The government's main activities in this area focus on monitoring the adoption of regulations provided for by the federal laws “On the Civil Service System of the Russian Federation” and “On the State Civil Service of the Russian Federation.”
480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Dissertation - 480 RUR, delivery 10 minutes, around the clock, seven days a week and holidays
Umanskaya Victoria Petrovna. State control and supervision of compliance with legislation on the state civil service in the Russian Federation: dissertation... of the candidate legal sciences: 12.00.14 / Umanskaya Victoria Petrovna; [Place of protection: Ros. legal acad. Ministry of Justice of the Russian Federation]. - Moscow, 2007. - 190 p. RSL OD, 61:07-12/1681
Introduction
CHAPTER 1. Legal nature state control and supervision in the field of civil service
1.1. Formation and development of state control and supervision in the field of public service 13
1.2. The concept and relationship between control and supervisory activities of executive authorities 46
1.3. Legal regulation control and supervision of compliance with legislation on the state civil service 68
CHAPTER 2. Organization of control and supervisory activities over compliance with legislation on the state civil service and the main directions for its improvement
2.1. Subjects of control and supervision of compliance with legislation on the state civil service 89
2.2. Formation of a management system for the state civil service 134
2.3. Problems of improving legal regulation of legislation on the state civil service 153
Conclusion 169
List of used literature 177
Introduction to the work
Relevance of the research topic. Conducted in last years civil service reform significantly changed the legal regulation of institutions and legal relations in this area, laid down new basic principles public service. The ongoing transformations required a revision of previously existing ideas about the essence and role of the civil service, its organizational and legal support, and led to the development and complication of the current legislation.
At present, despite the existing positive trends, there is an almost radical renewal of legislation on the civil service, the problem of ensuring the rule of law and the implementation of rights, guarantees and legitimate interests civil servants continue to be one of the most current problems in the field of public administration.
An urgent task is to ensure compliance with the current legislation on the state civil service. To form a developed public service system, only normatively established rules of behavior are not enough; it is necessary to ensure their implementation and execution.
In this regard, there is an increasing need to strengthen government control and supervision, and implement effective measures to eliminate violations in the public service. There is a need to vest a specific government body with the appropriate powers and functions to implement state control and supervision.
Currently, the powers to carry out certain functions of control and supervision are established haphazardly and assigned to various government bodies under the influence of specific situations and time trends, which leads to an increase in crime and
4 problems with compliance with performance discipline. This situation requires the development of mechanisms for monitoring compliance with legislation on the civil service and the formation of an effective system of institutions of state control and supervision.
All this indicates the need for scientific research on these issues, which determined the topic of this dissertation research.
State of scientific development of the problem. Since the formation of the civil service began to occur only from the beginning of the 1990s and the practice of implementing government functions control and supervision of compliance with legislation in this area was virtually absent; this issue did not receive proper scientific development.
Scientific research on this problem was carried out separately in two directions: a number of authors devoted their works to the study of institutions, legal relations and problems of the public service, and a number - to the study of issues of state control and supervision. A comprehensive study of state control and supervision of compliance with legislation on the civil service has not been carried out.
An extensive literature is devoted to the study of public service. In the works of such authors of the pre-revolutionary period as A.I. Elistratov, N.M. Korkunov, M.M. Speransky, B.N. Chicherin, the historical and legal forms of civil service organization are revealed. Modern scholars have made significant contributions to the development of various aspects of the civil service; G.V. Atamanchuk, D.N. Bakhrakh, A.A. Grishkovets, N.M. Kazantsev, O.E. Kutafin, A.V. Obolonsky, A.F. Nozdrachev, Yu.A. Starilov and others. In administrative-legal science great attention was devoted to the study of issues of state control and supervision. Here we should name such authors as I.L. Bachilo, V.V. Veremeenko,
5
I.Sh. Kilyashanov, E.A. Kocherin, B.M. Lazarev, A.E. Lunev,
N.I. Pobezhimova, L.L. Popov, F.S. Razaranov, M.S. Studenikina, Yu.A. Tikhomirov, I.B. Shakhov, E.V. Shorina, etc.
The works of these scientists paved the way for a comprehensive study of the problem of state control and supervision in the field of public service.
Object of study are public relations arising in connection with the implementation of the functions of state control and supervision of compliance with legislation on the civil service.
Subject of research There are theoretical provisions concerning the relationship between the concepts of state control and supervision, the practice of implementing the functions of control and supervision in the field of public administration, as well as the legal regulation of the status and activities of subjects of state control and supervision in the field of public service.
Goals and objectives of the dissertation. This dissertation research aims to: based on a study of the existing state of state control and supervision of compliance with legislation on the state civil service, analysis of shortcomings in the regulation of the state civil service that impede the implementation of effective control and supervision, develop proposals for improving the organization and legal regulation of state control and supervision of compliance with legislation in this area.
To achieve this goal, it was necessary to solve the following tasks:
Conduct an analysis of the formation and development of state
control and supervision in the field of public service in Russia;
Explore the content of the concepts of “control” and “supervision”, reveal
their signs and characteristics, identify their relationship;
analyze issues of legal regulation of state control and supervision in the field of public service;
Study the activities of subjects of control and supervision of
compliance with the legislation on the state civil service;
Explore the features of the formation of a management system
state civil service, including analyzing
the possibility of vesting a specific federal body
state power functions of control and supervision;
Identify problems of control and supervision in this area
and develop directions for improving legal regulation
legislation on the state civil service.
Methodological basis of the dissertation research is a system of methods and logical techniques for studying the problems being studied. When writing the work, special methods were used, such as historical-legal, normative-logical, comparative law. These methods were used along with a system-structural approach to the study of various aspects of the implementation by public authorities of the functions of control and supervision of compliance with legislation on the civil service.
The study of the powers of government bodies for control and supervision involves the use in various ways assessing their implementation and developing directions for improving the activities of bodies. In particular, the analysis of the quality of the organization of performance of public administration functions, including control and supervisory functions, determines the use of methods of structural and functional analysis.
Theoretical basis of the dissertation research served by the works of scientists belonging to various scientific schools and directions.
When writing the work, works in the field of various branches of legal science were used: G.V. Atamanchuk, N.G. Alexandrova, I.L. Bachilo, D.N. Bakhrakha, I.I. Veremeenko B.N. Gabrichidze, N.I. Glazunova, V.M. Gorshneva, A.A. Grishkovets, A.I. Elistratova, G. Jellinek, I.A. Ilyina, N.M. Kazantseva, A.A. Karmolitsky, I.Sh. Kilyaskhanova, Yu.M. Kozlova, A.P. Koreneva, N.M. Korkunova, E.A. Kocherina, B.M. Lazareva, V.V. Lobanova, A.E. Luneva, V.O. Luchina, L.S. Mamuta, V.M. Manokhina, M.N. Marchenko, N.I. Matuzova, A.V. Mitskevich, A.F. Nozdrachev, A.V. Obolonsky, L.A. Okunkova, L.A. Pobezhimova, L.L. Popova, A.L. Prozorova, F.S. Razarenova, B.V. Russian, N.G. Salishcheva, E. Starostsyaka, Yu.N. Starilova, M.S. Studenikina, A.M. Tarasova, Yu.A. Tikhomirova, A.I. Turchinova, V.V. Cherepanova, I.V. Shakhova, A.P. Shergina, E.V. Shorina, Yu.L. Shulzhenko, Ts.A. Yampolskaya and others.
Empirical basis of the dissertation research are:
information and analytical reports of the Ministry of Health and Social Development of the Russian Federation on the development of the state civil service;
Materials of parliamentary hearings on the topic: “On practice
application of the Federal Law “On State Civil
service of the Russian Federation" and prospects for the development of legislation
on the state civil service";
letters received by the State Duma Committee on Federation Affairs and Regional Policy from federal government bodies and government bodies of constituent entities of the Russian Federation with comments and recommendations on the development of legislation on the state civil service;
materials of extended meetings of the Federation Council Committee on Constitutional Legislation on the topic “Federal Law “On
8 Russian State Civil Service" and the practice of its application";
materials from interviews with officials performing the functions of monitoring compliance with legislation on the civil service, employees of personnel offices and special units of the civil service of public authorities, scientists and experts on this issue;
materials of the Federal State Statistics Service regarding the number and composition of employees filling civil service positions.
Scientific novelty of the research. The work is a comprehensive study devoted to the analysis and identification of problems of organization, legal regulation and implementation of the functions of state control and supervision of compliance with legislation on the civil service.
The author has developed directions for improving the organizational and legal mechanism for monitoring the civil service in the public administration system and its legal regulation. The work presents issues such as features of state control and supervision in the field of public civil service, legal regulation of the powers of public authorities and their structural units for control and supervision in the field of civil service, methods of their implementation; proposals have been developed for the implementation of special jurisdictional activities related to the appointment of disciplinary measures for offenses in the state civil service, improvement of the current legislation on the civil service of the Russian Federation, legal regulation of the activities of public authorities exercising the functions of state control and supervision.
9 Main provisions and conclusions submitted for defense:
The conclusion is that the specificity legal relations arising in the field of state civil service, determines the specifics of state control and supervision of compliance with legislation on the state civil service. Since the basis constituting the nature of legal relations in the state civil service is the implementation of government powers, and state control and supervision in this area is carried out over government activities, it seems possible to distinguish it as independent species, different from other types of control and supervision.
The statement that state control and supervision in this area is not only a means of ensuring the rule of law and protecting the interests of the state, but also represents an effective mechanism for protecting the rights and legitimate interests of civil servants. State control and supervision ensure the implementation of the rights of civil servants to protect their interests both in court and out of court. In addition, state control and supervision in this area makes it possible to suppress private, group or corporate interests that are illegal, and to ensure compliance with departmental interests and the interests of the state as a whole.
The provision that the currently implemented prosecutor supervision for compliance with legislation on the state civil service does not cover all types of offenses. For the most part, prosecutorial supervision is limited to monitoring the implementation by state civil servants of prohibitions and restrictions related to the civil service. However, the range of offenses in the state civil service is much wider. Taking into account the above, a special supervisory mechanism is needed that would allow identifying all types of offenses in the state
10 civil service and punish those responsible. Appropriate administrative procedures are proposed in the thesis.
4. Proposal on the need to develop and legislate
establish the procedure for implementing a special jurisdictional procedure,
aimed at applying disciplinary measures for
offenses in the state civil service. In the majority
cases as a result of control and supervision when identifying
offenses should be administrative, criminal or civil
legal liability, while on state civil
service, as a rule, disciplinary measures are taken
responsibility. If for administrative, criminal and civil
there are special responsibilities procedural rules their
implementation, then in relation to disciplinary sanctions necessary
develop in detail the appropriate procedural mechanism.
The main directions of development of this procedural mechanism
presented in the dissertation.
5. Statement that the priority direction in the field
state control and supervision over compliance with legislation on
state civil service is the creation of a system of bodies
management of the state civil service. Formation of this
systems are provided for by the current legislation on
public service. It is shown that the functioning of such a system
- an important lever for improving the work of the state apparatus. IN
work determined the place of government management bodies
civil service in the system of federal government bodies
authorities, the main directions of their activities and functions are proposed,
ways to establish competence. Among the main directions
activities of the state civil service management system
It is proposed to highlight the development and implementation of the following
administrative procedures: organizational, administrative,
advisory, methodological, advisory, control and supervisory.
The conclusion is that the system of state control and supervision over compliance with legislation on the civil service has not actually been formed. The powers of control and supervision in this area are assigned to various government bodies in an unsystematic manner; their distribution is ineffective and does not satisfy the existing needs of the state. In this regard, it is necessary to establish a special state body and vest it with the powers to implement state control and supervision over compliance with the legislation on civil service. It is proposed to form as such a body federal service, which should be led by the President of the Russian Federation.
Regulations on the need to make appropriate changes and additions to the Federal Laws “On the Civil Service System of the Russian Federation” and “On the State Civil Service of the Russian Federation” in terms of establishing the procedure for creating a management system for the state civil service and necessary procedures related to control and supervision of compliance with legislation on civil service. The corresponding proposals are formulated in the dissertation.
Theoretical significance of the dissertation is that the results of the study and the developed theoretical provisions develop scientific research on issues of civil service, state control and supervision in this area, contribute to the development conceptual apparatus Sciences administrative law, improving its institutions. The results of the dissertation research can be used in further research work on this issue.
Proposals and conclusions form the necessary theoretical basis for justifying practical measures to improve control and supervisory activities in the field of public service.
Practical significance of dissertation research lies in the possibility of using its results in improving legal regulation and organizing state control and supervision of compliance with legislation on the civil service. A special sphere practical application are the issues of development and adoption of regulations aimed at eliminating gaps in the legislation on the state civil service that impede the implementation of state control and supervision.
The dissertation materials can be used in the process of teaching administrative law, courses on civil service, public administration, as well as in the development of manuals and recommendations for civil servants.
Approbation results research. Materials
dissertation research is reflected in scientific publications, presentations at scientific and practical conferences.
The structure of the work reflects the logic of the research. The dissertation consists of an introduction, two chapters including six paragraphs, a conclusion, a list of normative documents used legal sources and scientific literature.
Formation and development of state control and supervision in the field of public service
State control and supervision of compliance with legislation on civil service constitute important tools public administration in all its substantive diversity. In this regard, it seems relevant to study in more depth the problems of the organization and functioning of state control and supervision of the civil service, as well as to analyze and summarize the historical experience available in this area. The study of this experience will contribute to improving the organization of state control and supervision in modern conditions, to the successful search for the optimal organization of state control and supervision in the Russian Federation.
From its inception and throughout its development Russian state a system of state control over the civil service was formed and improved. State control in one form or another has been and remains the most important element of public administration and state power.
Due to the fact that state control has its roots in the distant centuries of the formation of Russian statehood, it seems appropriate to begin the study from the 17th century.
The first information about special government bodies with control functions date back to the 50s. XVII century The organization of constant control over the activities of the state apparatus is associated with the creation in 1654 of the Order of Secret Affairs by the Decree of Alexei Mikhailovich Romanov. This Order was at the same time his personal office and had extremely broad powers, such as, for example, monitoring the performance of official duties by serving people. The order of secret affairs monitored compliance with the tsar's decrees; it received reports from other government bodies.
To others control body The administrative center was the Order of Accounting Affairs. The Accounting Order became the first body of a purely control nature, operating until 1701. It was created to control financial means, which came into receipts and expenses according to different government agencies. The order was in charge of the affairs of the entire Moscow state, income, expenditure and balance of funds1.
In March 1701, Peter I issued a special decree by which the Order of Accounting Affairs was abolished and its functions were transferred to the Near Chancellery. The new institution was endowed with fairly broad control powers. Near office supervised the activities of institutions in the field of state economy, receipts and expenditure books. All orders were subordinated to her.
As part of the administrative reform carried out by Peter I, aimed at forming a civil service system taking into account European experience, active organizational measures were taken to form a control system. The previously created Orders were replaced by central industry boards with clearly distributed functions and powers in the field of control. This is how the following were formed: the Foreign Collegium, the Military Collegium, the Admiralty Collegium, the Justice Collegium, the Commerce Collegium, the State Office Collegium, the Berg Manufacturing Collegium3,
On February 22, 1711, the Governing Senate was formed, which concentrated in its hands not only the functions of managing central and local authorities, but in fact became a body of supreme administrative control. The Senate had the authority to monitor the activities of the central industrial collegiums, which were obliged to send all issued decrees and orders to it. In addition, the powers of the Senate included the right to control the activities of provincial and provincial administrative bodies. But due to its very broad competence and the wide range of tasks assigned to it, the Senate could not adequately perform control functions.
The emperor himself played a fairly large role in regulating state control over the civil service. So on December 24, 1714, the Decree of Peter I “On the prohibition of bribes and promises and on punishment for it” was issued.
Under the successors of Peter I, the system of state control did not receive further development. Only at the end of the reign of Catherine II were there cases of appointment of a Senate audit.
Forming a new system of government bodies, Peter I created special control bodies. Therefore, the fiscal service was established within the structure of the Senate as a special unit of supervision over the activities of officials of central and local administrative institutions
The concept and relationship between control and supervisory activities of executive authorities
Analysis legal literature indicates that scientific discussions about the concepts of control and supervision have been going on for quite some time.
The semantic interpretation of the term “control” shows that this term appeared several centuries ago and comes from the French “contrerole” and means “a list kept in duplicate.” It is from this word that the term “controle” comes from - “checking something, for example, the implementation of laws, plans, decisions”1.
Consideration of the concepts of control and supervision, their relationship and, above all, the determination of their place in the structure and system of executive power is extremely important from the point of view of understanding their essence. This is explained by the fact that in various cases these concepts are suppressed and mixed. In this regard, the question arises: are they aspects of the same phenomenon, or are they different but similar institutions? And also how these terms relate to such related concepts as verification of execution, observation, etc.
Based on the dictionary definitions of these concepts, it is not possible to answer this question.
The 1956 Legal Dictionary contains the following definition: “Checking execution is one of the methods of management in the activities of the Soviet state apparatus and all public organizations ensuring the timely and correct implementation of party and government decisions, decisions, instructions and orders of higher authorities”2.
Encyclopedic Dictionary F.A. Brockhaus and I.A. Efron interprets state control as monitoring the correctness and legality of the receipt of state revenues and the production of expenses.
Turning to dictionaries indicates the semantic coincidence of the terms “control” and “supervision”.
The concepts of “control” and “supervision” are widely used both in theory and in legislative activity. However, they have not yet become terms that fully reflect the essence of these concepts. This is fully reflected in the current legislation.
The Constitution of the Russian Federation pays little attention to issues of state control and supervision. The term control is found only in two articles of the Constitution of the Russian Federation. So, according to paragraph “a” of Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation includes control over compliance with the Constitution and federal laws. In order to implement this provision, the Constitution and federal laws vest various government institutions with appropriate powers of control and supervision. These include: the President of the Russian Federation, the Government of the Russian Federation, The State Duma and the Federation Council of the Federal Assembly of the Russian Federation, Constitutional Court Russian Federation, Supreme Court Russian Federation, Higher Arbitration court Russian Federation, Prosecutor's Office of the Russian Federation, Accounts Chamber of the Russian Federation, the Commissioner for Human Rights and other government institutions.
The Decree of the President of the Russian Federation of March 9, 2004 N 314 “On the system and structure of federal executive authorities,” which establishes the basic parameters for the distribution of powers between executive authorities, does not distinguish between the concepts of control and supervision. The functions of control and supervision are understood as: “carrying out actions to control and supervise the execution by state authorities, local self-government bodies, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative legal acts of generally binding rules of conduct;
issuance by state authorities, local government bodies, and their officials of permits (licenses) to carry out certain type activities and (or) specific actions for legal entities and citizens; registration of acts, documents, rights, objects, as well as publication of individual legal acts”1.
The definition given in this decree combines these terms into one concept, which seems irrational from the point of view of the functional distribution of managerial powers. At the same time, this definition, in addition to the actual control and supervision activities, contains licensing, permitting and registration activities. Control and supervision in these two types of activities acts as an optional goal, while their main goal is to ensure the lawful implementation of the rights, freedoms and legitimate interests of citizens and legal entities.
Subjects of control and supervision of compliance with legislation on the state civil service
First of all, let us consider the powers of the President of the Russian Federation, as one of the subjects of external control over compliance with legislation on the civil service.
In accordance with the Constitution, the President of the Russian Federation has broad powers (Chapter 4). The President exercises control over the implementation by executive authorities of federal laws, decrees and orders of the President of the Russian Federation, annual messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation, decrees and orders of the Government of the Russian Federation, federal programs, and international regulatory legal acts.
Presidential control is aimed at creating an effective management system for government bodies, as well as at creating a unified public service system that implements the functions of the state.
“Our bureaucracy is still, to a large extent, a closed and sometimes simply arrogant caste that understands public service as a type of business. And therefore, the number one task for us remains to increase the efficiency of public administration, strict adherence by officials to the rule of law, and the provision of high-quality public services to the population.”
A special place in the system of presidential control over compliance with legislation on the civil service is occupied by control over compliance with the discipline of execution of decisions and instructions in the organizational activities of ministries, services and agencies. A study of the control results indicates that the level of organization of execution in a number of government bodies raises many complaints. “Most of the decisions made by the President of the Russian Federation are implemented in violation of the established deadlines and at an insufficient level of quality.”
As the causes of many problems, it should be noted the untimeliness of taking measures or their inadequacy, ill-conceived management decisions and actions, as well as the lack of necessary responsibility of officials for the implementation of laws and regulations on the civil service.
Presidential control is aimed not only at identifying deviations in work, but also at establishing the causes of violations, as well as taking measures to eliminate them and prevent them in the future. Control by the President of the Russian Federation over the activities of public authorities is carried out for the purpose of improvement, increasing the efficiency of the public service, compliance with laws and other regulatory legal acts, compliance with the principles and requirements of legality, expediency, efficiency, transparency, independence.
The Constitution of the Russian Federation vests the President of the Russian Federation with broad powers. As a guarantor
C.4 of the Constitution, human and civil rights and freedoms, the President of the Russian Federation takes measures to protect them, protects state integrity, and ensures the coordinated functioning and interaction of government bodies.
Taking into account the constitutional status of the President of the Russian Federation, the control exercised by him is a strategic means of organizing the normal functioning of the civil service system, its development and improvement.
In addition to the Constitution of the Russian Federation, the Federal Laws “On the Civil Service System of the Russian Federation” and “On the State Civil Service of the Russian Federation” establish and provide for broad powers of the President of the Russian Federation in the field of public service.
In particular, decrees of the President of the Russian Federation approve and establish: - registers of positions in the federal civil service; - positions of the federal state civil service; ratio of federal state civil service positions, military positions and positions law enforcement service; - the procedure for assigning and maintaining class ranks of the federal civil service, the ratio of class ranks of the federal civil service, military and special ranks, class ranks of law enforcement service, as well as the ratio of class ranks of the federal civil service and class ranks of the civil service of the constituent entities of the Russian Federation; - the ratio of class ranks, diplomatic ranks, military and special ranks; - qualification requirements for length of service in the civil service (other types of civil service) or length of service (experience) in the specialty for federal civil servants; - regulations on the procedure for passing the qualification exam for state civil servants of the Russian Federation and the procedure for assessing his knowledge, skills and abilities (professional level)1; - regulations on commissions for compliance with requirements for official behavior state civil servants of the Russian Federation and the resolution of conflicts of interest; - regulations on the competition to fill a vacant position in the state civil service of the Russian Federation, defining the procedure and conditions for its conduct2; - the regulation on certification of state civil servants of the Russian Federation is approved by decree of the President of the Russian Federation3. - sample form of a service contract4; - the regulation on the personal data of a state civil servant of the Russian Federation and the management of his personal file is approved by the President of the Russian Federation5. - dimensions official salaries and salaries for the class rank of federal civil servants;
Formation of a public civil service management system
The effectiveness of the development of state control and supervision in the field of public service is directly related to the formation of a public administration system in this area, since control and supervision activities are an integral element of management and cannot develop independently.
The system of state management of the civil service began to take shape with the adoption in 1995 of the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation,” which provided for the functioning of a federal body on public service issues - the Council on Civil Service Issues under the President of the Russian Federation. By Decree of the President of the Russian Federation No. 1208 of December 1, 1995 and the above-mentioned federal law, for the first time in modern history a civil service management entity was created. During times Soviet Union there was no similar body or corresponding institution.
According to many scientists1, the Council could help strengthen state control over compliance with legislation on civil service, ensuring legal and social protection civil servants. The Council for Civil Service Affairs under the President of the Russian Federation was supposed to coordinate activities to implement the tasks defined by the specified federal law. In addition, the powers of the Council could include issues of assessing the professional suitability and career growth of civil servants. In accordance with the previously effective legislation, similar Councils on civil service issues should have functioned at the level of the constituent entities of the Russian Federation. This law, in addition to the federal level of public service management and the level of the constituent entities of the Russian Federation, provided for the level of the state body (its personnel services). Thus, the Federal Law “On the Fundamentals of the Civil Service” established a three-tier system of public service management bodies. However, it should be noted that this provided for by law a system of governing bodies was never formed.
Subsequently, similar norms were reflected in the Federal Law “On the Civil Service System of the Russian Federation.” This law indicates a noticeable increase in attention to issues of public service management. Chapter 3 of the Federal Law is entirely devoted to the public service management system. The disadvantage of this chapter is that it does not contain any mention of the bodies that make up the system of public administration of the civil service.
The issues of public service management received further development in connection with the adoption of the Federal Target Program “Reforming the Civil Service of the Russian Federation (2003-2005)”. The program highlights in a separate line the need to form a public service management system, and also defines the goals and objectives of this system.
The main government bodies and institutes empowered on the management of the civil service and the functions of control and supervision of compliance with legislation on the civil service. These include the President of the Russian Federation, the Administration of the President of the Russian Federation, the interdepartmental working group on ensuring activities related to the reform and development of the public service under the Commission under the President of the Russian Federation on improving public administration, the Government of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, the prosecutor's office of the Russian Federation, as well as personnel services.
An analysis of the current practice of public service management shows that certain public service management bodies have appeared in Russia. However, we have to admit that they have not yet become a single effective management system. The consequence of a violation of the unity and integrity of the management system at the federal and regional levels is low performance, lack of transparency of work, and a tendency to administrative pressure.
As a result, all this does not allow the full implementation of functions of control and supervision over compliance with legislation on the civil service. Society needs a system of government that serves its interests and promotes the development of society1. Only a developed system of management of the state civil service is capable of providing full control and supervision.
Attempts to form a holistic, unified and effective system of public service management have not yet led to the desired result. It seems that the main drawback of the current legislation is the lack of mention of public service management bodies.
ADMINISTRATION OF THE TAMBOV REGION
RESOLUTION
ON APPROVAL OF THE PROCEDURE FOR CONDUCTING CHECKS OF COMPLIANCE WITH LEGISLATION ON STATE CIVIL SERVICE IN EXECUTIVE BODIES OF STATE AUTHORITY OF THE REGION
Lost force on the basis of Decree of the Tambov Region Administration dated January 23, 2019 N 47.
____________________________________________________________________
In accordance with Article 67 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation” (as amended on March 29, 2008) and in order to organize work to monitor compliance with legislation on the state civil service in executive bodies of state power region administration decides:
1. Approve the Procedure for conducting inspections of compliance with legislation on the state civil service in the executive bodies of state power of the region in accordance with the appendix.
2. Entrust control over the implementation of this resolution to the deputy head of the regional administration A.A. Sazonov.
Head of the regional administration
O.I.Betin
PROCEDURE FOR CONDUCTING CHECKS OF COMPLIANCE WITH LEGISLATION ON STATE CIVIL SERVICE IN EXECUTIVE BODIES OF STATE AUTHORITY OF THE REGION
Approved
Resolution
administration of the Tambov region
dated 14.05.2008 N 584
1. Inspections of compliance with legislation on the state civil service in the executive bodies of state power of the region (hereinafter referred to as inspections) are carried out by employees of the department of civil service and organizational work of the regional administration (hereinafter referred to as the Department) in accordance with the schedule approved by the head of the Department. If necessary, specialists from other structural divisions of the regional administration, as well as specialists from the executive authorities of the region (hereinafter referred to as the executive authorities), may be involved in the inspection.
If necessary, desk checks (carried out without visiting the executive authority) (of reports and other documents) can be carried out.
At the direction of the head of the regional administration and the deputy head of the regional administration, who directly ensures the execution of the powers of the regional administration in the organization of the state civil service of the region, unscheduled (in excess of the approved schedule) inspections may also be carried out.
2. The purpose of the inspections is to monitor the implementation by executive authorities of the legislation on the state civil service (hereinafter - the civil service) and compliance with it by state civil servants of the region (hereinafter - the civil servants).
3. The inspection can be carried out in the following areas:
availability of provisions on structural divisions executive body, service contracts, job regulations, their compliance with legal requirements;
compliance of civil servants with the qualification requirements for civil service positions;
availability of class ranks among civil servants of the executive body of power corresponding to the positions being filled, the procedure for assigning them;
compliance by civil servants with restrictions and prohibitions related to civil service;
paragraph excluded - Decree of the Tambov Region Administration dated 04/07/2016 N 357;
conducting certification of civil servants;
compliance with the terms of payment for civil servants;
calculation of civil service experience;
organization of additional vocational education civil servants;
(as amended by Decree of the Tambov Region Administration dated 04/07/2016 N 357)
formation of a personnel reserve to fill civil service positions;
consideration of individual service disputes;
maintaining registers of civil servants;
conducting personnel records;
compliance with official discipline;
other issues related to the civil service.
4. The inspection can be carried out both in all areas specified in paragraph 3 of this Procedure, and in individual areas. Specific areas of inspection are determined by the Head of the Department in the appropriate plan.
5. The inspection can be carried out in a continuous or selective manner. A complete audit is carried out by studying and analyzing the documents of all civil servants of the executive body without exception. A random check is carried out by studying and analyzing the documents of individual civil servants. The scope of the inspection is determined by the inspector.
6. The department notifies the relevant executive authority about it in writing or orally no later than two days before the start of the inspection.
The notice may be accompanied by a list of inspection questions and a list of documents that must be submitted to the inspector within the period specified in the notice.
7. When conducting an inspection, the inspector is obliged to:
comply with current legislation, rights and legitimate interests of civil servants;
ensure the safety of the original documents received for the inspection;
draw up a certificate based on the results of the inspection;
familiarize the head of the executive body with the results of the inspection.
8. When conducting an inspection, the inspector has the right:
request and receive, in the prescribed manner, statistical and operational data, reporting and reference materials in areas of inspection;
request written or oral explanations from officials or civil servants regarding areas of inspection.
9. When conducting an inspection, the inspector does not have the right to:
demand the submission of documents and information not related to the direction of the inspection, as well as seize original documents related to the direction of the inspection;
violate the rules governing the receipt, processing and transfer of personal data of civil servants.
10. During the inspection, the inspector identifies actual and possible deviations in the activities of the inspected executive body from the requirements of the current legislation on the civil service. At the same time, deviations identified during the inspection can be not only negative (negative, undesirable), but also positive (positive, desirable) from the point of view of achieving the objectives executive body power of goals and objectives. Discovering best practices is essential during the audit process.
11. When conducting an inspection, the inspector must be guided by the Code of Ethical Conduct for State Civil Servants of the Executive Bodies of State Government of the region, approved by a resolution of the regional administration.
12. Based on the results of the inspection, the inspector draws up a certificate in two copies, one of which, with a covering letter, is sent to the first deputy head of the regional administration, the deputy head of the regional administration, who directly coordinates and controls the activities of the inspected executive body. Covering letter signed by the deputy head of the regional administration, who directly ensures the execution of the powers of the regional administration in the field of organizing the state civil service of the region. The covering letter must contain the visas of the inspector, the head of the civil service department of the Office and the head of the Office.
13. The certificate must contain the following information:
O positive experience the work of the inspected executive authority to ensure compliance with legislation on the civil service;
about all violations of legal requirements by the executive authority identified during the inspection with a brief reference to the established evidence (documents) of their commission;
about identified shortcomings in the activities of the executive body and individual civil servants that are not violations of the provisions of regulatory legal acts, but negatively affect the state of the rule of law or create preconditions for the occurrence of offenses, including corruption, violation of the rights and legitimate interests of citizens, etc. ;
on the elimination by the executive body of violations (shortcomings) identified during the ongoing audit of the activities of the executive body.
14. If the certificate contains proposals for eliminating identified violations, after the expiration of the deadlines specified in the certificate for their elimination, a control inspection is carried out, based on the results of which a certificate is drawn up on the elimination of violations identified during the previous inspection.
15. The results of the audits are analyzed annually by employees of the civil service department of the Office. Based on the results of the analysis, a analytical report, which is brought to the attention of the heads of executive authorities in a letter signed by the deputy head of the regional administration, who directly ensures the execution of the powers of the regional administration in the field of organizing the state civil service of the region.
For two years in a row (2007-2008), the Public Service magazine, together with specialists from the Department for Reform and Development of the Civil Service of the Office of the President of the Russian Federation for Civil Service Affairs, has been analyzing the application of legislation on the civil service at the federal, regional and municipal levels. Only in issues 44-56 of “GS” the answers to more than a hundred questions that arise in the professional activities of civil servants are published. Often the interpretation of this or that complex legal status, explanation of the nuances law enforcement practice ahead of our readers' requests. And this is the advantage of those who regularly turn to the magazine: forewarned is forearmed.
Analysis of current problems in the practice of applying legislation on the civil service and priority directions for its development for 2009
Anastasia Stepanovna, this year the legislative field of the civil service has significantly strengthened, she strives for integrity. How do you assess the results of legal support for the civil service institution?
About the results of formation and development prospects legal space functioning of the Russian civil service system, our correspondent talks with the permanent presenter of the “Question and Answer” column, head of the department, Honored Scientist of the Russian Federation, Doctor of Psychological Sciences, Professor A.S. KARPENKO.
On the eve of the New Year, one can truly say: the creation normative legal framework state civil service ends. This great work began with the Federal Law “On the Public Service System of the Russian Federation” dated May 27, 2003 No. 58-FZ (hereinafter we will speak in short - Federal Law No. 58-FZ). The federal laws “On the State Civil Service of the Russian Federation” (hereinafter referred to as Federal Law No. 79-FZ) dated July 27, 2 No. 79-FZ and “On Municipal Service in the Russian Federation” dated March 2, 2 No. 25-FZ [hereinafter referred to as Federal Law No. 25-FZ), as well as 17 decrees of the President of the Russian Federation and 9 decrees of the Government of the Russian Federation. They identified new approaches to the formation of personnel in the civil service: introduced competitive selection and new qualification requirements for civil servants are established, the participation of independent experts in certification and competition commissions, in commissions for compliance with requirements for official conduct and the resolution of conflicts of interest in the civil service is ensured.
A set of measures has been implemented to delimit the powers of state authorities of the Russian Federation and constituent entities of the Russian Federation in the field of legal regulation and organization of the civil service, to ensure the relationship between the state civil and municipal services; introduction of effective personnel technologies, training and professional development programs for civil servants.
At the same time, an analysis of the practice of applying legislation on civil service issues made it possible to identify gaps and contradictions in certain provisions of Federal Law No. 79-FZ.
First of all, this concerns provisions establishing class ranks, the procedure for forming a personnel reserve, concluding a fixed-term service contract, conducting competitive procedures and some other issues. Activities aimed at reforming the salary system for civil servants, as well as determining the procedure for transferring into trust management those belonging to state civil servants and generating income, have not been completed valuable papers, shares, participation interests in the authorized capitals of organizations.
The effectiveness of the law is related to the quality of its implementation on the ground. Can we say that all structures in the state civil service system of the constituent entities of the Russian Federation competently use this tool?
Based on the results of non-departmental control over compliance with legislation on the civil service, as well as monitoring the rule-making activities of government bodies of the constituent entities of the Russian Federation, certain problems in the application of Federal Law No. 79-FZ in government bodies of the constituent entities of the Russian Federation were identified.
In particular, in a number of constituent entities of the Russian Federation, the procedure for reimbursing expenses for civil servants associated with moving to another locality when a civil servant is transferred to another government body has not been established, and the procedure and conditions for providing a civil servant with a one-time subsidy for the purchase of living space have not been established.
When implementing legal regulation in the field of civil service, it is allowed to include certain provisions that contradict federal legislation in the regulatory legal acts of the constituent entities of the Russian Federation. For example, in some constituent entities of the Russian Federation the following typical violations were identified:
a) interference in the competence of the Russian Federation and federal government bodies on civil service issues;
b) violation of the procedure and conditions for entering and completing the civil service:
Establishment of norms that violate the terms of the competition for filling a vacant civil service position;
Establishing inappropriate requirements for length of service in the civil service;
Violation of the procedure for assigning and maintaining grade ranks in the civil service;
Violations in establishing certain prohibitions related to the civil service.
In the process of studying the procedure for the formation of commissions provided for by Federal Law No. 79-FZ, violations related to the formation of their composition were identified. In particular, certain legal acts of state bodies of the constituent entities of the Russian Federation, which formed the composition of the commissions, do not indicate the personal data of independent experts - specialists on issues related to the civil service. Some government bodies of the constituent entities of the Russian Federation violate the requirements for the number of independent experts included in the commissions, the formation of which is provided for by Federal Law No. 79-FZ. This practice may raise doubts about the legitimacy of the activities of these commissions.
The 79th Federal Law provided the necessary grounds for the formation of personnel policy as a whole and laid the foundation for large-scale work on an issue that has become topical this year - the creation of a personnel reserve. But not all subjects of the Russian Federation took advantage of the opportunities provided by law correctly and in full?
Indeed, in government bodies of the constituent entities of the Russian Federation, individual violations of the requirements of Federal Law No. 79-FZ were identified when forming a personnel reserve on a competitive basis. For example, in the regulatory legal acts of a number of constituent entities of the Russian Federation, a decision is provided as a basis for inclusion in the personnel reserve certification commission that the civil servant corresponds to the position being filled and is recommended for inclusion in the personnel reserve, which contradicts the requirements of Part 4 of Article 64 of Federal Law No. 79-FZ.
As a result of the analysis of law enforcement practice on the formation of a personnel reserve in the civil service, the need to improve federal legislation on these issues has been established. At the same time, the practice of using the personnel reserve as one of the priority areas for the formation of personnel in the civil service of the constituent entities of the Russian Federation requires further development.
Is this a task for at least the entire coming year?
Yes, the year will be difficult. As a matter of priority, it is necessary to complete the development and begin implementation of regulatory legal acts aimed at:
a) improving the remuneration system, the composition and structure of salary for federal civil servants in order to increase the share of salary in the total amount of salary;
b) establishing the procedure for medical examination and sanatorium and resort services for civil servants;
c] improving the system of state guarantees in the civil service, including health insurance, compulsory state insurance, compulsory state social insurance, state pension provision for civil servants, as well as guarantees established by law in the housing sector.
In order to prepare proposals to the head of state on issues of reform and development of the civil service, informing the President of the Russian Federation about the state of affairs in this area, promoting the development of the civil service system and coordinating the work of federal government bodies, as well as maintaining the continuity and consistency of the transformations begun during the reform, It is planned to publish the Decree of the President of the Russian Federation “On the Commission under the President of the Russian Federation on issues of reform and development of the public service.”
The decree provides for the creation of a Commission under the President of the Russian Federation on issues of reform and development of the civil service as a permanent advisory body under the President of the Russian Federation, as well as the recognition as invalid of regulatory legal acts regulating the activities of the Commission under the President of the Russian Federation on issues of improving public administration and justice.
To solve the main tasks assigned to it, the Commission has the right to request and receive, in the prescribed manner, the necessary information and materials from federal government bodies, government bodies of constituent entities of the Russian Federation and local governments, as well as from organizations; consider materials on issues of reform and development of the civil service, including the personnel reserve; invite to their meetings officials of federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies, as well as representatives of organizations; form permanent and temporary working (expert) groups on issues within its competence and approve their composition; attract, in the prescribed manner, organizations, as well as scientists and specialists, to carry out information, analytical and expert work.
Anastasia Stepanovna, the editors are receiving questions regarding the inclusion of periods in the length of service of the state civil and municipal service military service.
In accordance with Part 2 of Article 54 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation,” the procedure for calculating the length of service in the state civil service of the Russian Federation and counting other periods of filling positions into it is established by a decree of the President of the Russian Federation.
According to paragraph 21 of the List of periods of civil service and other periods of filling positions included (counted) in the length of service of the state civil service of the Russian Federation, determining the duration of annual paid leave for long service and the amount of incentives for impeccable and effective state civil service of the Russian Federation, approved by the Decree of the President of the Russian Federation Federation dated November 19, 2007 No. 1532, when calculating the length of civil service, periods of military service are taken into account in accordance with the legislation of the Russian Federation.
Based on Part 3 of Article 10 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel,” the time citizens spend in military service under a contract is counted towards their total length of service, is included in the civil service experience of a civil servant and in the length of service in their specialty from calculating one day of military service for one day of work, and the time citizens are in military service upon conscription - one day of military service for two days of work.
The provisions of this norm are also applicable for calculating the length of service in municipal service. Thus, in accordance with Part 5 of the Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation”, the relationship between the municipal and state service is ensured by taking into account the length of service in the municipal service when calculating the length of service in the civil service and taking into account the length of service in the civil service when calculating the length of service municipal service. According to Part 3 of Article 25 of the said federal law, the length of service in the municipal service of a municipal employee is equal to the length of service in the state civil service of a state civil servant.
Anastasia Stepanovna, another question regarding the Federal Law “On the State Civil Service of the Russian Federation”. Article 12 states that the qualification requirements for civil service positions in the category “supporting specialists” of the senior group include the presence of secondary vocational education corresponding to the field of activity. Please explain who should determine the compliance of an area of activity with vocational education?
In accordance with Part 3 of Article 12 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, one of the qualification requirements for civil service positions in the categories “managers”, “assistants [advisers]”, “specialists” of all groups of positions, as well as the category “supporting specialists” of the main and leading groups of civil service positions include the presence of higher professional education.
Meanwhile, according to Part 4 of this article, for the senior (as well as junior) group of positions in the category “supporting specialists”, one of the qualification requirements is the presence of secondary vocational education corresponding to the field of activity of the civil servant. Consequently, in this case, the representative of the employer has the right to specify the line of activity, which must correspond to the secondary vocational education of a civil servant, based on the nature of the official duties provided for their performance in this position.
Anastasia Stepanovna, what new regulatory legal acts in the field of state civil service were adopted in 2008?
In 2008, in order to implement the provisions of Federal Law No. 79-FZ, the following regulatory legal acts were issued:
Decree of the President of the Russian Federation dated July 26, 2008 Nq 1127 “On amendments to the Decree of the President of the Russian Federation dated September 27, 2005 Nq 1131 “On qualification requirements for experience in the state civil service (other types of civil service) or work experience in the specialty for federal civil servants";
Decree of the Government of the Russian Federation dated April 17, 2008 N° 284 “On the implementation of functions for organizing the formation, placement and execution of state orders for professional retraining, advanced training and internship for state civil servants”;
Decree of the Government of the Russian Federation of May 26, 2008 No. 393 “On determining the cost of educational services in the field of additional professional education of federal state civil servants and annual contributions for its scientific, methodological, educational, methodological and information and analytical support”;
Decree of the Government of the Russian Federation of June 26, 2008 No. 472 “On the procedure for including (counting) into the length of service of the state civil service of the Russian Federation certain periods of filling positions provided for by Decree of the President of the Russian Federation of November 19, 2007 No. 1532;
Order of the Government of the Russian Federation dated September 11, 2008 N 1307-r “On approval approximate shape state contract for professional retraining and advanced training of federal civil servants.”
Federal Law No. 160-FZ of July 23, 2008 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving the Exercise of the Powers of the Government of the Russian Federation” amended Articles 16 and 61 of Federal Law No. 79-FZ (see magazine “ Public Service" Nq 5, 2008).
Has the legislation on municipal service changed?
Based on the provisions of Article 7 of Federal Law No. 79-FZ and Article 5 of Federal Law No. 25-FZ, the principles of the relationship between state civil and municipal services are established. The implementation of these principles is associated with the introduction of unified approaches to the legal regulation of issues of admission and passage of state civil and municipal service. The amendments made this year to Federal Law No. 25-FZ are aimed at eliminating the contradictions between its provisions and the requirements new edition The Budget Code of the Russian Federation, it establishes the procedure for resolving conflicts of interest in the municipal service and defines the powers of the constituent entities of the Russian Federation to establish class ranks for municipal employees.
How, in particular, the legislation on municipal service has changed with regard to the procedure for entering the service, granting annual paid leave, assigning class ranks and resolving conflicts of interest, the adviser of our department, candidate of legal sciences Tatyana Vladimirovna NECHAYEVA will comment:
In accordance with the list of measures of the Government of the Russian Federation to implement the provisions of Federal Law N° 25-FZ, on October 16, 2007, Decree of the Government of the Russian Federation Nq 1428-r was adopted, changing the form of the questionnaire filled out by a citizen of the Russian Federation who has expressed a desire to participate in the competition for filling a vacant position state civil service, entering the state civil or municipal service. Thus, a uniform application form for the state civil and municipal service was introduced, which is used when a citizen of the Russian Federation enters the state and municipal service.
In addition, in 2008, the Federal Assembly of the Russian Federation, on the initiative of the legislative (representative) government bodies of the Novosibirsk, Penza and Samara regions, adopted three federal laws that amended certain provisions Federal Law No. 25-FZ.
The legislative initiative of the Novosibirsk Regional Council of People's Deputies, approved by the Federal Assembly in October 2008, to exclude Part 3 of Article 22 from Federal Law No. 25-FZ was aimed at eliminating contradictions with the requirement Budget Code Russian Federation regarding the definition general principles remuneration of municipal employees. This requirement is that municipalities, in whose budgets the share of interbudgetary transfers from other budgets budget system Russian Federation (except for subventions) and (or) tax revenue according to additional standards of deductions during two of the last three reporting financial years exceeded 10 percent of the local budget’s own revenues, starting from the next financial year they have no right to exceed the standards established by the highest executive body of state power of a constituent entity of the Russian Federation for the formation of expenses for remuneration of municipal employees.
At the initiative of the Samara Provincial Duma, amendments were made to Federal Law No. 25-FZ, establishing rules for resolving conflicts of interest in the municipal service, similar to those in the state civil service. The novelties contain definitions of the concepts of “conflict of interest in the municipal service” and “personal interest of a municipal employee”, and also impose on the representative of the employer, who became aware of the emergence of a personal interest in a municipal employee, which leads or may lead to a conflict of interest, the obligation to take measures to preventing or resolving a conflict of interest, up to the removal of this municipal employee from the replaced position of the municipal service for the period of settlement of the conflict of interest with the retention of his salary for the entire period of removal from the replaced position of the municipal service.
Unlike the state civil service, the creation of commissions to resolve conflicts of interest in a local government body, the apparatus of the election commission of a municipal formation is not mandatory, and the procedure for its formation is determined by the municipal legal act.
Adoption Federal Assembly legislative initiative of Penza legislative assembly filled the gap in legal regulation associated with the assignment of class ranks to municipal employees based on the results of a qualification exam. Federal Law No. 25-FZ has now been supplemented by a provision that gives the constituent entities of the Russian Federation the right to provide by their laws for class ranks of municipal employees and establish the procedure for their assignment, retention during transfer to other positions in the municipal service and dismissal from municipal service. This addition allows us to ensure a balance between the basic conditions of remuneration and social guarantees for municipal employees and state civil servants.
And finally, on October 27, 2008, changes were made to Part 3 of Article 21 of Federal Law N° 25-FZ, according to which annual basic paid leave is granted to municipal employees of 30 calendar days. For municipal employees filling municipal service positions separate groups positions in the municipal service, the laws of the constituent entities of the Russian Federation may establish annual basic paid leave of longer duration. These changes also introduce uniform approaches to establishing the duration of vacations in the state civil and municipal service.
Anastasia Stepanovna, on behalf of our readers, we thank you for helping civil servants in a very difficult aspect of their activities - law enforcement. We hope that in 2009, along with the improvement of legislation on the civil service, the legal competence of officials of all ranks will also increase, which is largely facilitated by the column that you write.
Thank you. I believe that the section is far from exhausting its capabilities. In 2009, we will continue an open dialogue with readers of the Public Service magazine on topical issues of reform and development of all types of public service. We will try to pay more attention to best practices personnel work in the state civil and municipal service, we will continue to explain the most complex issues law enforcement practice by leading specialists and experts from the Office of the President of the Russian Federation on Civil Service Issues. Their developers will be more actively involved in dialogue with civil servants to discuss draft regulatory legal acts. To this end, on issues of concern to civil servants and managers personnel services government bodies, it is planned to hold open consultations and round tables.
Natalya Antoshina. Implementation of legislation on civil service in the constituent entities of the Russian Federation // STATE SERVICE,
2014, №4 (90)
.Natalya Antoshina, Doctor of Law, Professor of the Department of Constitutional and Municipal Law of the Nizhny Novgorod Institute of Management - branch of RANEPA, Head of the Department for Civil Service, Personnel and State Awards of the Apparatus authorized representative President of the Russian Federation in the Volga Federal District, actual state adviser of the Russian Federation 3rd class (603950, Nizhny Novgorod, Gagarin Ave., 46). Email: [email protected]
annotation: The article is devoted to the analysis of the implementation of legislation on the civil service of the Russian Federation in the constituent entities of the Russian Federation. The author examines in detail the most current issues application of the norms of the Federal Law of July 27, 2004 No. 74-FZ “On the State Civil Service of the Russian Federation”. The system of implementation of legislation on civil service in the regions is assessed, positive practices that have been developed and implemented in the regions thanks to the action of Federal program“Reform and development of the civil service system of the Russian Federation.” Unsettled issues related to problems of law enforcement, and in some cases, to the lack of necessary and precise legal regulation, are analyzed.
Keywords: civil service, implementation of legislation, law enforcement practice, formal approaches.
The implementation of legislation on the civil service is associated with the application of administrative and, in part, labor legislation. A special place in law enforcement practice in this area is occupied by the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter referred to as the Federal Law on Civil Service), which is the basic regulatory legal act on the basis of which the regulation of the overwhelming most issues of organizing official activities in government bodies both at the federal level and at the level of constituent entities of the Russian Federation.
The relevance and necessity of analyzing the implementation of legislation is dictated by the problems of law enforcement practice over a period of almost ten years of validity. federal law about the civil service. Over such a significant period of time in the development of the law, a complex has been formed legal norms regulating issues of civil service, starting with the conclusion of service contracts and ending with issues of termination of service. Assessment of these processes that had a significant impact on the formation of the institution of public service in modern Russia, will, apparently, be given more than once by the authoritative scientific and expert community. In the meantime, it is really not enough for the further development of science and practice.
In turn, we are interested in assessing the current state of affairs in the application of the federal law on the civil service, primarily at the regional level.
According to our assessment, today the regions have formed enough complete system implementation of legislation on the civil service, which is facilitated by the active development of federal legislation. The adoption of relevant federal programs for the development and reform of the civil service also encourages the development of new practices, organizational and legal mechanisms and technologies in the constituent entities of the Russian Federation.
Thus, as positive practices that were developed and implemented in the regions thanks to the Federal program “Reform and development of the civil service system of the Russian Federation (2009–2013)” (currently discontinued), we can note: strengthening work with personnel reserves ; introduction of modern personnel technologies in the civil service, including when assessing personnel through multifactor testing, specialized psychodiagnostics of personnel, and assessment centers; more active experimentation in the civil service (including: mentoring for persons newly appointed to civil service positions, internships in the form of exchange of experience between regions, implementation of individual development plans, etc.).
However, violations of federal legislation in some areas are still being identified in the constituent entities of the Russian Federation. First of all, this concerns admission and passage of the civil service. Thus, an unreasonably broad list of positions is established for state secret, the deadlines for certification of civil servants are not met. The same applies to organizing work to combat corruption among civil servants. For example, the plans of government agencies to combat corruption often do not correspond to current changes in federal legislation; The composition of conflict of interest commissions does not meet the requirements of openness of activity in terms of attracting representatives of public councils, experts in the field of public service, etc.
In general, we note that, given the sufficiency of the regulatory legal framework for the organization and development of the civil service in the constituent entities of the Russian Federation, there are unresolved issues that are related to problems of law enforcement, and in some cases, to the lack of necessary and precise legal regulation.
Federal legislation also requires improvement. For example, in the federal law on the civil service alone, currently about twenty norms are either not implemented at all, or their implementation is carried out on formal grounds. In this regard, there is a need to revise or cancel them. Knowing this, regions are often forced to use the practice of proactive rule-making on a number of issues. For example, on issues of medical and state insurance, the introduction of performance indicators and effectiveness of professional performance, etc.
One of the main issues of formal approaches to the implementation of the requirements of federal legislation is the creation and operation of a management system for the entire public service. It is well known that in this area appropriate legal regulation has not been provided, and common principles, goals, objectives, methodology, organizational basis.
In the constituent entities of the Russian Federation, the civil service is, of course, managed. Most often, responsible government bodies are appointed for this purpose - the administrations (apparatuses) of senior regional officials. There is a practice of coordinating the adoption of all personnel decisions by one authorized body at the level of the subject of the Russian Federation. Meanwhile, practically nowhere are special bodies for managing the civil service created. Ten years of experience in implementing federal legislation did not serve as the basis for making fundamental, primarily political and organizational decisions, which indicates the advisability of additional consideration of key aspects of the formation of the civil service management system of the Russian Federation.
A difficult issue in the implementation of federal legislation, which is viewed ambiguously in the constituent entities of the Russian Federation, is the determination of indicators of the efficiency and effectiveness of the work of civil servants and their implementation in work practice. Unfortunately, there is also no single federal opinion on the essence of the issue. There is no clear understanding of what indicators should be, how to classify them, how to use these indicators to determine the labor efficiency of employees, etc.
In this regard, it is advisable, on the one hand, to specify the norms of the federal law on the civil service to determine generalized and specific indicators of the efficiency and effectiveness of the professional work of civil servants, and on the other, to determine the procedure for remuneration of employees depending on these indicators.
The implementation of the requirements for rotation in the constituent entities of the Russian Federation for civil service positions is also associated with a number of “formalisms”.
Rotation is understood as the movement of an employee by appointment to a similar position when applying the territorial principle [Litvintseva E., Pereverzina O. Rotation as a technology for increasing the efficiency of civil servants // State Service, 2013, No. 3. P. 41]. In turn, the constituent entities of the Russian Federation, in accordance with the requirements of federal legislation, must independently determine the lists of rotating positions. However this requirement is of a very contradictory nature, in practice it is carried out formally, due to the fact that in the overwhelming majority of constituent entities of the Russian Federation, government bodies are located in regional center. That's why territorial principle the formation of lists of civil service positions subject to rotation is practically not used.
The fundamental issue is the implementation in practice of the requirement of interconnection between civil and municipal services. Thus, some provisions of regulatory legal acts directly violate the principle established by federal legislation of the relationship between these two types of public service. For example, when establishing the amount of a one-time subsidy for the purchase of residential premises, the length of service in municipal service is not taken into account. Working in local government bodies is not an additional advantage for filling civil service positions and is not considered a necessary stage in an employee’s career.
Formal approaches are observed in the implementation of legislation on the civil service in terms of organizing and conducting training for civil servants as part of their development of programs of additional professional education. In particular, regional experience shows that the norm of the federal law on the civil service, which establishes the period for advanced training of civil servants (at least once every three years), does not correspond to the capabilities and needs of public authorities. It is necessary to increase the frequency of mandatory advanced training for civil servants.
There is also a need to exclude from the legislation on the civil service the norm on concluding an agreement on targeted training between a government body and a citizen with the obligation to subsequently perform civil service after completing training for certain period. This provision has not been developed; practice has confirmed the inappropriateness of legal regulation of these issues. The few examples of concluding such agreements in the constituent entities of the Russian Federation indicate the lack of effective tools for attracting, and most importantly, adapting young specialists in the civil service.
Legislation on anti-corruption issues in the civil service is developing very intensively. Number of regulatory legal acts, including regional level, already numbers in the hundreds. For example, according to open data from the Russian Ministry of Justice, about 280 acts on corruption are currently in force in Chuvashia, 276 acts in Bashkiria, Nizhny Novgorod region– 241 acts. In general, they are characterized by the completeness and sufficiency of legal regulation. However, despite the adoption at all levels of relevant laws and regulations establishing measures to prevent corruption in the civil service, some regulations have significant shortcomings, are formal and contradictory in nature.
Thus, there are quite a lot of formalities when carrying out anti-corruption personnel work in government bodies [Bartsits I.N. To have or not to have... // State Service, 2012, No. 5. P. 15], associated with the lack of a mechanism for monitoring the former employee’s compliance with the employment procedure at a new place of work; the absence of a mechanism for monitoring the notification of a government authority about a new place of work of a former employee; formal approaches to determining criteria for classifying civil service positions as positions with a high corruption risk; creation of commissions to comply with requirements for official conduct and resolve conflicts of interest in mandatory in every government body, etc.
It is curious that the constituent entities of the Russian Federation interpret the norms of federal regulations (most often in the form of recommendations) on anti-corruption issues differently [Kabanov P.A. Legal regulation of anti-corruption monitoring in the constituent entities of the Russian Federation: problems and prospects // Administrative and municipal law, 2013, No. 4]. In some regions, the list of civil service positions with a high corruption risk includes all positions without exception, while in others - one or two positions of management personnel. At the same time, no criteria for the corruption potential of positions are established.
Summarizing what has been said, we note that the implementation of legislation on the civil service is currently characterized by both the weakness of legal regulation on some issues and a formal attitude towards the application of legislation on the civil service. The norms that did not find specific content and implementation during the ten-year period of formation of the modern institution of public service should be revised. The legislation on the civil service should be perceived, first of all, by civil servants themselves as a strict requirement and prescription for official activities.
Literature
Adamovich A.S. Reforming the public service system of the Russian Federation // State Service, 2014, No. 1.
Bartsits I.N. To have or not to have... // State Service, 2012, No. 5.
Kabanov P.A. Legal regulation of anti-corruption monitoring in the constituent entities of the Russian Federation: problems and prospects // Administrative and municipal law, 2013, No. 4.
Kurakin A.V. Administrative and legal regulation of the principles of the state civil service of the Russian Federation // Administrative and municipal law, 2009, No. 3.
Litvintseva E., Pereverzina O. Rotation as a technology for increasing the efficiency of civil servants // State Service, 2013, No. 3.