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Public functions of the state civil service include. State civil service. Plans for the development of the public sector in the region and the use of income from the disposal of state. property

The main goal of the civil service is the practical implementation of the functions of the state, the solution of its tasks, ensuring the welfare of society, satisfaction public interest based on the principles and provisions established in the Constitution of the Russian Federation, federal laws and laws of the subjects of the Federation.

The main tasks of the public service include:

Protection of the constitutional order of the Russian Federation, creation of conditions for the development of civil society, production, ensuring the free life of the individual, protection of the rights, freedoms and legitimate interests of citizens;

Formation of socio-political and state-legal conditions for the practical implementation of the functions of state bodies;

Ensuring the effective work of state bodies in accordance with their competence;

Improving the conditions of public service and professional activities of civil servants;

Ensuring the operation of the principle of openness in the activities of civil servants and state bodies;

Creation and maintenance of favorable interpersonal relations in state bodies that would ensure the development of positive personal qualities of employees.

Each type of public service carried out by special bodies state power(for example, by federal services), has its own tasks established in regulatory enactments.

Consideration of the issue of the functions of the civil service allows us to understand not only its main purpose, but also to identify unresolved problems of the civil service in order to eliminate gaps in legal regulation or its shortcomings, develop directions and identify means to improve the civil service and reform it. The functions of the civil service are determined by its intrinsic properties and fundamental features. In the most general form, it can be stated that the functions of the public service are the functions of the state itself, because the public service is the implementation of the goals and functions of the state, the practical fulfillment by employees of their official duties and competence of state bodies. The functions of the federal executive body, managed by the President of the Russian Federation, are determined by a decree of the President of the Russian Federation, the functions of the federal executive body, managed by the Government of the Russian Federation, by a Decree of the Government of the Russian Federation.

The functions of adopting normative acts are understood as the publication, on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws binding on public authorities, local governments, their officials, legal entities and citizens, rules of conduct that apply to an indefinite circle of persons .

The functions of control and supervision are understood as:

implementation of actions to control and supervise the implementation by public authorities, local governments, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative acts of generally binding rules of conduct;

issuance of permits (licenses) by state authorities, local governments, their officials to carry out a certain type of activity and (or) specific actions to legal entities and citizens;

registration of acts, documents, rights, objects, as well as the issuance of individual legal acts.

Law enforcement functions mean the issuance of individual legal acts, as well as the maintenance of registers, registers and cadastres.

The functions of managing state property are understood as the exercise of the powers of the owner in relation to federal property, including that transferred to federal state unitary enterprises, federal state-owned enterprises and government agencies subordinated to the federal agency, as well as the management of federally owned shares of open joint-stock companies.

The functions of providing public services are understood as the implementation by federal executive bodies of services of exceptional social significance and provided on the conditions established by federal legislation to an indefinite circle of persons.[ ]

The functions of the public service as a social and state phenomenon must be distinguished from the functions of the public service as a legal institution. In this sense, we can talk about the relationship between two categories - the functions of law (service law) and the functions of the state (professional activities of civil servants). These two categories are interrelated and directly affect each other. They have like common features, as well as differences. The unity of the functions of law and the state lies in the fact that they reflect the essence and social purpose of law and the state, respectively, and are often called upon to solve common problems. The differences between the functions of law and the functions of the state are that:

They are the expression of various entities that determine their specificity and independent character;

Ways, methods and forms of implementation of these functions differ;

The number and types of implemented functions do not completely coincide;

The functions of the public service should be understood as the main directions of the practical implementation of the legal norms of the institution of the public service, contributing to the achievement of the relevant goals of the legal regulation of public service relations and the fulfillment by the public service of its social role and state-legal purpose. Functions are specific areas of organizing influence on specific public service relations that arise in the process of creating a public service and the direct activities of civil servants.

Along with the functions of the civil service as a type of socially useful professional activity, we can also talk about the functions of the legal institution of the civil service, i.e. about the functioning of the legal system, presented in the form of a public service, or, in other words, about the functions of law. The functions of the public service in this sense are the directions of legal influence on state-service (municipal-service) relations determined by the social purpose. With this approach, the main thing is to clarify the specific properties of the civil service as a state-legal phenomenon, characterized by high-quality independence, special features and properties. Each sub-institution of the civil service performs, along with general and, therefore, specific functions for the entire legal institution, also specific ones. For example, the sub-institute for attestation of civil servants is characterized by the functions of assessment, control, information, etc.

From the point of view of the functions of law, the civil service as a legal institution performs the functions traditional for the legal system: [ ]

Security, i.e. fulfillment of tasks and functions of the state and its bodies; state bodies are a complex and branched system of links, each of which has its own tasks and competence. The civil service is called upon to ensure the practical implementation of the competence of these bodies, the internal consistency of their work, the effectiveness of influencing social processes;

Integrative, i.e. public service acts as a legal means of ensuring and protecting the interests of man and citizen, social harmony, harmony in the functioning of the state apparatus, optimal patterns in state building, creating guarantees for the well-being of the individual and the whole society. Through this function, it is possible to integrate (connect) all elements of the political system, the state apparatus, people, the whole society to achieve socially significant goals and satisfy public interests;

Regulatory, i.e. with the help of the established legal status of civil servants (rights, duties, restrictions, prohibitions, responsibility, etc.), the civil service regulates public relations, using the legal possibilities available to it, using methods of organization, coercion, incentives, responsibility, etc. d. as a result, social relations acquire, if possible, an "organized" form and form; the regulatory function also includes the organizing function of the civil service;

Communicative, aimed at ensuring socially useful accumulation and purposeful use of information about the processes taking place within the state apparatus, state bodies, at the use of public opinion on the results of the functioning of the public service and the directions of its reform; sometimes this function is called informational;

Protective, which ensures the use of preventive, coercive and restorative measures by authorized officials in order to maintain the rule of law in the system of state and public relations.

Along with the functions of law, the civil service performs the functions of the state administration, the administrative apparatus, state bodies, and, ultimately, the functions of the state itself, its bodies and the functions of civil servants. The civil service is comparable in its functions with the role and social and legal purpose of the entire state and public administration, with the authority of public authorities. V.M. Manokhin rightly notes that the public service is organically connected with the state, with its place and role in the life of society. The tasks and functions of the state find their real embodiment in the activities of civil servants. The public office contains part of the competence of the state body, it is an organic part of its structure and aims to organize the personnel of the state body, i.e. civil servants.[ ] The social role of the state (executive and administrative purpose of state administration and the competence of state bodies) is inextricably linked with the ongoing state activities, the functions of the public service, which can be understood as independent and relatively separate types of public service actions (official, organizational, forced, etc.).

The question of the definition and types of functions of the civil service at present is only a staging one. This is largely due to the fact that the problem of the functions of the state itself, its bodiesand the functions of public administration is also not devoid of controversial issues. The functions of the state are implemented by all state bodies that make up the unified state power. Within the framework of this unity, there are significant differences in the methods and forms of implementation of functions. Accordingly, allocate independent species state activities, which are distinguished by a specific purpose, special subjects - state bodies (civil servants), ways of implementing state functions.

In the most general form, the functions of the state and its bodies are the main directions and aspects of the activity of the state, ensuring social welfare, guaranteeing the realization of the rights and freedoms of man and citizen, stable and effective management state and society The functions of the civil service are determined by objective laws. The content of each function is predetermined by the goals facing the state and public administration and the specifics of the object of public administration, the features of public service powers, the scope and duties of civil servants. Speaking about the functions of the public service, we must remember that the public service solves the problems of the state, carries out its functions and the functions of state bodies. Thus, from a functional point of view, the public service is a certain purposeful impact of the subject of public service relations in order to streamline the organization and practical activities government systems. This impact is clearly managerial in nature. One of the main tasks of public administration is the formation of the personnel potential of state bodies. This is done to ensure that the personnel and organizational means that are necessary for the performance of public administration tasks are consistent with the goals and objectives of the state and are placed at its disposal. With this approach to the study of public service, it is advisable to single out such an institution as the public service within the public administration system. The civil service, being a legal institution and establishing the legal status of the personnel of a state body, is the most important area of ​​state-administrative influence associated with other elements of the theory of public administration. The public service (personnel), which practically implements the functions of state bodies and performs their tasks, functions in all these areas. Therefore, the analysis of the functions of the civil service allows us to evaluate the role and purpose of the civil service in the state social mechanism, to determine its effectiveness, usefulness and significance, given that the civil service is the main channel for the implementation of legal relations that arise in the process of exercising the competence of state bodies, performing tasks and powers civil servants. Public service in the modern sense is reduced to the performance of the functions of public administration, considered in a broad sense, i.e. as a management activity of all state bodies in the system of executive, representative and judicial power. As part of the implementation of the functions of the public service, public management activities are implemented, which means the implementation by the subjects of public administration, as well as other levels of public administration (civil servants and officials) of the functions of public administration.

The managerial nature and legal nature of the functions of the public service is that the management itself acquires the following specific features:

In the process of it, both the tasks, functions, interests of the state and its subjects, as well as constitutional civil rights are realized, the legitimate interests of citizens are ensured;

Management functions are performed by special subjects, formed mainly by the state;

These entities act on behalf of the state;

They are endowed with the necessary powers of a state-imperious nature;

They act within the limits of the competence established for them in the relevant legal acts;

Most of the options for managerial relations are also mediated by other regulations. The civil service includes both objective (the need to perform the functions of the state and its bodies) and subjective (availability of abilities, suitability for service, professional education, as well as other conditions) prerequisites for its formation. Also, public administration contains objective and subjective prerequisites for its implementation.[] Public administration is subjective, since it is the fruit of the thoughts and actions of people (civil servants).

Turning to the consideration of the issue of the types and classification of the functions of the civil service, it is advisable to list the most important functions for the current stage:

Regulatory function, i.e. development and implementation of policies aimed at creating specific programs (privatization, investment activities, energy, etc.);

Coercion function, i.e. application by the state of measures of state coercion established in the legislation in strictly defined situations. It is a necessary element of a democratic order;

Security-restorative function, i.e. ensuring the rights and freedoms of man and citizen; increasing the effectiveness of the legal protection of the individual; the formation of the judiciary;

Organizational function, i.e. the creation of a civil service system and the maintenance of order and legality in it, the reform of personnel policy and the legal institution of the civil service;

Law-creating (law-making) function, i.e. development and adoption of legal acts, improving the quality of the rule-making activities of state bodies;

Control function, i.e. ensuring state control and supervision in the sphere of state activity.

The functions of the civil service can be divided into basic and specific. In turn, the main and specific functions are divided into general, special and auxiliary (optional).[

The main functions of the public service are general, typical, special-oriented types of interaction between subjects and objects of management, characteristic of all managerial relations, ensuring the achievement of consistency and order in the field of public administration.

The main general functions of the public service include:

Information support for the activities of state bodies, i.e. collection, receipt, processing, analysis of information necessary for the implementation of state (administrative) activities;

Forecasting and modeling of the development of the civil service system, government bodies, public administration standards;

Planning - determination of directions, rates, quantitative and qualitative indicators of the development of certain processes in the system of public administration, state functions (economic, socio-cultural, military, defense, combating organized crime and corruption in the civil service, etc.)

Organization - the formation of a public service system based on established principles and approaches to this process, determining the structure of the management and managed systems in the civil service, establishing their competence and interconnection; organization in the narrow sense is the streamlining of the structure of state bodies, states, personnel, public administration processes, administration, i.e. operational regulation of public-service relations arising from the exercise of the powers of state bodies and official duties, ensuring the regime of proper state activity; in a narrow sense - giving current instructions by leading civil servants;

Management – establishment of rules, regulations, areas of activity and individual actions of state bodies, managed objects; general management - determining the content of state activities (for example, managerial);

Coordination – harmonization of the activities of various state bodies to achieve common goals and objectives of the public service;

The control – establishing compliance or non-compliance of the actual state of the civil service system and its structure with the required (certain) standard and level, studying and evaluating the results of the overall functioning of the civil service, as well as specific actions of civil servants;

Regulation – the use of methods and methods of management in the process of organizing the public service system and its functioning;

Accounting – fixing information, expressed in quantitative form, on the movement of material resources of the civil service, on the results of the implementation of public-service relations, the powers of state bodies, etc.

One of the most important functions of the civil service, which arose with the adoption of the Constitution of the Russian Federation, which established a multi-party system in the Russian Federation, is the political function. Through this function, the civil service implements state policy.

Among the general functions of the public service are:

Implementation of the state personnel policy at the level of the federal government and subjects of the Russian Federation;

Staff recruitment of state bodies, taking into account the abilities, professional, personal and moral qualities of employees;

Formation of the register of public positions; formation and maintenance of the register of civil servants;

Organization of public service;

establishment of social and legal guarantees and conditions necessary for the activities of personnel of state bodies;

Establishment of requirements for public positions and qualification requirements for public servants;

Control over the activities of civil service personnel;

Organization of the development and control over the implementation of public service standards, etc.

The specific general functions of the civil service, on the one hand, affect the activities of public authorities personnel in the implementation of state coercion in the field of maintaining law and order and public order, and on the other hand, they can be considered as regulatory and other organizational impact (activity) on limited and expedient intervention in the economic sphere and social and cultural construction, where often objects of management do not belong to the state and have significant independence in the choice of decisions and their implementation.

Thus, in the field of defense of the country and maintenance of public order, the civil service performs the following specific general functions:

Ensuring sufficient defense capacity of the country;

Maintaining public order and public safety;

Protection of life, health and property from criminal and other unlawful encroachments.

In the sphere of economy and socio-cultural construction, it is necessary to single out the following specific functions of the civil service:

Increasing the people's welfare; social protection of the population with incomes below the subsistence level;

Ensuring the rational, complete and integrated use of natural resources;

Protection of the natural environment;

Ensuring the conversion of the defense industry with the use of science-intensive production for the production of high-quality and competitive goods on the world market; and etc.

Ancillary functions of the civil service are intended to serve the activities of state bodies within the framework of the main and specific general and special functions. These are office work, legal services, logistics, etc.

The special functions of the public service reflect the features of the object of management (for example, methodological, technical guidance). Special functions can complement general functions where they are not enough.

The list of special functions of the civil service is extremely difficult to establish, since the state body has many areas of activity that ensure the fulfillment of the main tasks of this state body. The special functions of the civil service include:

Development and introduction of standards for the number, material, financial and other material costs for the maintenance of the personnel of a state body;

Development of normative legal acts establishing public-service relations or other legal relations in special state bodies;

Conducting research in various government agencies.


On the system and structure of federal executive bodies. Decree of the President of the Russian Federation of March 9, 2004 // Ros. gas. 2004. March 11.

See: Radko T.N., Tolstik V.A. Law functions. N.Novgorod. 1995. S.33-34.

See: Kudryavtsev V.N., Kazimirchuk V.P. Modern sociology of law. M., 1995. S.64-73; Lazarev V.V. The effectiveness of law enforcement acts. Kazan. 1976. S. 27

See: Manokhin V.M. Public service // Soviet administrative law. Public administration and administrative law. M. 1978. S.291.

See: Atamanchuk G.V. Ensuring the rationality of public administration. M., 1990. S.33-49.

See: Voloshina V.V. Legal problems of regulation of public service Russian Federation. Abstract dis. … candidate of legal sciences. M., 1993. S.12-13.

Main objectives of the civil service
Political and administrative fulfillment of constitutional requirements for state support social sphere; implementation of the obligations of the state to ensure a certain standard of living, meet the material needs of people; ensuring the welfare of society.
Social execution and provision of powers of the state and its bodies; solution of national management tasks; performance of public affairs; practical implementation of the functions of the state; creating conditions for communication between the state apparatus and the people
Economic improving the efficiency of state management of the economy; implementation on behalf of the state of state property management; entrepreneurship support; securing funding for public service costs; reducing the cost of maintaining the state apparatus
Legal ensuring compliance with the laws of the state; creation of legal conditions for normal functioning state apparatus
Organizational organizational and technical support of public authorities professionalization of the state apparatus improvement of norms, standards, rules for regulating the composition of the state apparatus, career advancement bringing the structure of the state apparatus in line with the tasks of the public service

The main tasks of the public service include:

protection of the constitutional order of the Russian Federation, creation of conditions for the development of civil society, production, ensuring the free life of the individual, protection of the rights, freedoms and legitimate interests of citizens;

· formation of socio-political and state-legal conditions for the practical implementation of the functions of state bodies;

Ensuring the effective work of state bodies in accordance with their competence;

Improving the conditions of public service and professional activities of civil servants;

Ensuring the operation of the principle of openness in the activities of civil servants and state bodies;

creation and maintenance of favorable interpersonal relations in state bodies that would ensure the development of positive personal qualities of employees

The main general functions of the public service include:



· information support for the activities of state bodies, i.е. collection, receipt, processing, analysis of information necessary for the implementation of state (administrative) activities;

· forecasting and modeling of the development of the civil service system, government agencies, public administration standards;

planning - determining the directions, rates, quantitative and qualitative indicators of the development of certain processes in the system of public administration, state functions (economic, socio-cultural, military, defense, struggle -

with organized crime and corruption in the civil service, etc.)

organization - the formation of a civil service system based on established principles and approaches to this process, determining the structure of the management and managed systems in the civil service, establishing their competence and interconnection; organization in the narrow sense is the streamlining of the structure of state bodies, states, personnel, public administration processes, administration, i.e. operational regulation of public-service relations arising from the exercise of the powers of state bodies and official duties, ensuring the regime of proper state activity; in a narrow sense - current instructions by leading civil servants;

management - the establishment of rules, regulations, areas of activity and individual actions of state bodies, managed objects; general management - determining the content of state activities (for example, managerial);

coordination - harmonization of the activities of various state bodies to achieve common goals and objectives of the public service;

control - establishing compliance or non-compliance of the actual state of the civil service system and its structure with the required (certain) standard and level, studying and evaluating the results of the overall functioning of the civil service, as well as specific actions of civil servants;



regulation - the use of methods and methods of management in the process of organizing the public service system and its functioning;

Accounting - fixing information, expressed in quantitative form, on the movement of material resources of the civil service, on the results of the implementation of public-service relations, the powers of state bodies, etc.

7.Principles of public service

The Federal Law "On the Fundamentals of the Public Service of the Russian Federation" establishes the following principles of public service.

1. The principle of the supremacy of the Constitution of Russia and federal laws over other normative legal acts, job descriptions in the performance of civil servants' duties and ensuring their rights. It reflects the requirement of Part 2 of Art. 4 of the Constitution that the Constitution of the country and federal laws have supremacy throughout the territory of the Russian Federation. The constitution presupposes the formation of such a system in which the main law of the state, its Constitution, has the highest legal force, and all other normative legal acts must comply with it.

2. The principle of priority of the rights and freedoms of man and citizen, the immediacy of their action. This new provision in Russian legislation obliges civil servants to recognize, observe and protect the rights and freedoms of man and citizen. For the rule of law, which is supposed to be created in Russia, it should be mandatory to recognize the rights of the individual as the highest value and the inevitability of the responsibility of all civil servants for acts leading to violation of the rights, freedoms and legitimate interests of citizens, provided for by the Federal Law "On the Fundamentals of the Public Service of the Russian Federation".

3. The principle of the unity of the system of state power, the delimitation of subjects of jurisdiction between the Russian Federation and its subjects. Article 5 of the Constitution establishes the federal structure of the state. This implies, on the one hand, the consistent disclosure in the current federal legislation of the unity of the foundations of the organization of the public service, and on the other hand, the delineation of jurisdiction between the Federation and its subjects in order to ensure the effectiveness of the public service. Based on the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation", the subjects of the Federation have the right to issue their own acts on civil service issues, taking into account local conditions, including national characteristics. Such acts establish, for example, the procedure for selecting persons to fill state positions of category “B”, the procedure and conditions for attestation, competition, and the procedure for maintaining personal files.

4. The principle of separation of powers - legislative, executive and judicial, enshrined in Art. 10 of the Constitution, expresses, first of all, the independence of each of these branches of power, their independence within the established limits in the exercise of their functions. At the same time, it follows from the essence of this principle that a civil servant has no right to be a deputy of a legislative (representative) body. And vice versa: deputies cannot be in public service.

5. The principle of equal access of citizens to public service is enshrined in Part 4 of Art. 32 of the Constitution. Its essence lies in the fact that when hiring for public service, no direct or indirect restrictions are allowed depending on gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, belonging to public associations. The possibility of access to civil service is determined only by Russian citizenship, age and other requirements established for civil servants.

6. The principle of obligation for civil servants of decisions taken by higher state bodies and leaders within their powers and in accordance with the law is one of the cornerstones of Russian statehood. It follows from the unity of the system of state power and the rule of law, from the subordination of lower bodies to higher ones. Thanks to this, real conditions are created for performing discipline in all parts of the state mechanism.

7. The principle of unity of the basic requirements for the civil service means that in relation to all civil servants of the federal civil service and the civil service of the constituent entities of the Federation, the all-Russian system of public positions and qualification categories (ranks, ranks), a single procedure for passing the civil service, general lists of rights and obligations, restrictions and guarantees, general (in terms of organization and methodology) systems for training personnel and monitoring their competence.

8. The principle of professionalism and competence is the main criterion used in the selection of candidates for a vacant civil service position. Preference is given to the most worthy, having the best training, more work experience in the specialty, who has shown his organizational skills in practice.

9. The principle of publicity presupposes the openness of the legislation on the civil service, the accessibility of state bodies and the decision by them of questions about the fate, legal status of a civil servant with his knowledge and consent. There can be no genuine accountability of civil servants without expanding publicity, taking into account public opinion, openness and accessibility for control. Not a single employee of state bodies can remain out of control, out of criticism.

10. The principle of responsibility of civil servants for prepared and adopted decisions, for the performance of their official duties is enshrined in legislation, which makes it possible to strengthen state discipline, to form a sense of personal responsibility of civil servants for the task assigned.

11. The principle of non-party and non-confessional public service means that structures are not formed in state bodies political parties and movements, civil servants cannot be guided by the decisions of political parties and movements, other public, as well as religious associations in the exercise of their official powers. The tasks and functions performed by public servants require them to be politically and religiously impartial.

12. The principle of personnel stability in state bodies means the relative constancy of personnel, minimizing their turnover with a stable staffing. This is one of the important conditions for the quality functioning of state bodies.

8.Legal status of a civil servant

In accordance with Art. 3 of the Federal Law on Civil Service, a civil servant is a citizen of the Russian Federation who, in accordance with the procedure established by the current legislation, performs the duties of a civil service position for a monetary reward paid at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.

Its administrative and legal status includes the following constituent elements: rights; main responsibilities; restrictions; warranty; promotions; financial support; pension provision; responsibility.

The rights of civil servants are a set of legal opportunities, firstly, provided to them by the Constitution of the Russian Federation, constitutions and charters of the constituent entities of the Russian Federation as citizens of the Russian Federation; secondly, arising from the fact that they fill public positions in the civil service (official or service rights); thirdly, determined by the characteristics of certain types of public service activities (for example, tax, customs, military service).

Civil servants have been granted a significant amount of service (official) rights. The most significant of them are the following:

Making decisions and participating in their preparation in accordance with official duties;

Familiarization with all documents defining his rights and obligations in his position;

Obtaining information and materials necessary for the performance of official duties;

Visiting various objects for the performance of official duties, regardless of the form of ownership;

Acquaintance with all the materials of your personal file;

Conducting an official investigation at his request to refute information discrediting his honor and dignity.

An employee has the right to participate on his own initiative in the competition for filling a vacant civil service position. He was granted the right to promotion (official career), to increase his salary, as well as to retrain and improve his skills. In accordance with the length of public service, he is entitled to social security. In order to protect their interests, civil servants have the right to unite in trade unions.

To resolve disputes related to public service, an employee can apply to the relevant state bodies or to the court (for example, on issues of qualification and certification, recruitment, passing it, exercising their rights).

The main duties of civil servants are related to:

Compliance with the law;

Ensuring the rights and legitimate interests of citizens;

Execution of orders, orders and instructions of managers (with the exception of illegal ones);

Compliance with the rules of internal labor regulations, job descriptions;

Timely consideration of applications from citizens and organizations and the adoption of decisions on them;

Keeping state and official secrets.

When performing public service, an employee is obliged to annually submit to the state tax authorities information on income received by him and property that belongs to him by right of ownership and are objects of taxation.

The legislation establishes a number of restrictions related to public service. An employee may not:

Engage in other paid activities (except for pedagogical, scientific and other creative activities);

Be a member of any representative body;

Study entrepreneurial activity personally or through proxies;

Be a member of the management body of a commercial organization;

To be an attorney or representative for third parties in the body in which he is in the service or which is directly subordinate or controlled by him;

Use state property for non-official purposes and service information;

Receive royalties for publishing or speaking as a public official;

Receive gifts, cash rewards, payment for recreation and entertainment, etc. from individuals and legal entities, if this is related to the performance of official duties;

Take part in strikes;

Use his official position in the interests of political parties, public organizations.

A civil servant is guaranteed: working conditions that ensure the performance of his official duties; financial support (official salary, bonuses to it for a qualification category, special working conditions and length of service, bonuses); annual paid leave (at least 30 calendar days); medical care (including his family members); pension provision; compulsory insurance, etc. When transferring to another position, his consent is required.

A system of measures to encourage civil servants for the successful and conscientious performance of official duties, long-term and impeccable service has been established. Among such measures: the announcement of gratitude, the issuance of an award, the awarding of a valuable gift, the awarding of honorary titles, state awards.

For non-fulfillment or improper fulfillment of the duties assigned to him, for actions or inaction leading to a violation of the rights and legitimate interests of citizens, a civil servant bears legal liability (disciplinary material).

9.Restrictions and guarantees in the public service

In order to ensure the legal and social protection of civil servants, increase motivation for the effective performance of their duties, strengthen the stability of the professional composition of civil service personnel and in order to compensate for the restrictions established by this Federal Law and other federal laws, civil servants are guaranteed:

1) equal conditions of remuneration, as well as comparable indicators for evaluating the effectiveness of the results of professional performance in the replacement of relevant positions in the civil service, unless otherwise provided by this Federal Law;

2) the right of a civil servant to timely and in in full receiving financial support;

3) conditions for the civil service, ensuring the performance of official duties in accordance with the official regulations;

4) rest, provided by the establishment of the normal length of service time, the provision of days off and non-working holidays, as well as annual paid basic and additional holidays;

5) medical insurance of a civil servant and members of his family, including after the civil servant retires for long service, in accordance with this Federal Law and the federal law on medical insurance of civil servants of the Russian Federation;

6) compulsory state social insurance in case of illness or disability during the period of civil service or the preservation of monetary support in case of temporary disability, as well as during the passage of a medical examination in a specialized healthcare institution in accordance with federal law;

7) payments under compulsory state insurance in the cases, procedure and amounts established respectively by federal laws and laws of the constituent entities of the Russian Federation;

8) reimbursement of expenses related to business trips. The procedure and conditions for the secondment of a civil servant are established accordingly by the decree of the President of the Russian Federation and the regulatory legal acts of the constituent entity of the Russian Federation;

9) reimbursement of expenses associated with the relocation of a civil servant and members of his family to another locality when transferring a civil servant to another state body. The procedure and conditions for reimbursement of expenses to a civil servant are established accordingly by a decree of the Government of the Russian Federation and regulatory legal acts of a constituent entity of the Russian Federation;

recognition of an employee as incompetent or partially incapacitated by a court decision that has entered into force;

condemnation of an employee to a punishment that excludes the possibility of performing official duties in a position of municipal service, according to a court verdict that has entered into legal force;

refusal to go through the procedure for issuing access to information constituting state and other secrets protected by federal laws, if the performance of official duties in the position of the municipal service for which the citizen is applying, or in the position of the municipal service being occupied by a municipal employee, is associated with the use of such information;

the presence of a disease that prevents admission to the municipal service or its passage and confirmed by the conclusion medical institution. The procedure for undergoing medical examination, the list of such diseases and the form of conclusion of a medical institution are established by the Government of the Russian Federation;

close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with a municipal employee, if filling a position in a municipal service is associated with direct subordination or control of one of them to another;

termination of citizenship of the Russian Federation, termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be in the municipal service, the acquisition of citizenship of a foreign state or the receipt by him of a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be in the municipal service;

the presence of citizenship of a foreign state (foreign states), with the exception of cases when a municipal employee is a citizen of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be in the municipal service;

submission of false documents or knowingly false information upon admission to the municipal service;

non-submission of information established by the Federal Law “On Municipal Service in the Russian Federation” or submission of knowingly false information about income, property and obligations of a property nature;

reaching the age of 65 years - the age limit established for filling a position in the municipal service.

10. Responsibility of a civil servant

for non-fulfillment or improper fulfillment by a civil servant of the duties assigned to him (official misconduct), the following disciplinary sanctions may be imposed on a civil servant by a body or head that has the right to appoint a civil servant to a public position in the civil service:

1. remark;

2. reprimand;

3. severe reprimand;

4. warning about incomplete service compliance;

5. dismissal.

2. A civil servant who has committed an official misconduct may be temporarily (but not more than for a month), until the issue of his disciplinary responsibility is resolved, suspended from the performance of official duties with the preservation of a monetary allowance. The removal of a civil servant from the performance of official duties in this case is carried out by order of the head specified in paragraph 1 of this article.
3. The procedure for applying and appealing disciplinary sanctions is established by federal law.
4. If a civil servant has doubts about the legitimacy of the order he received for execution, he must immediately inform his immediate supervisor, the manager who issued the order, and a higher manager in writing about this. If the superior manager, and in his absence the manager who issued the order, confirms the specified order in writing, the civil servant is obliged to execute it, except in cases where its execution is an administratively or criminally punishable act.
Responsibility for the execution of an unlawful order by a civil servant shall be borne by the head who confirmed this order.
5. A civil servant bears the liability provided for by law for actions or inactions leading to violation of the rights and legitimate interests of citizens.

One of the serious problems of the civil service is the definition of goals and objectives of the civil service. The difficulty lies in the fact that if the concept and principles of public service are legally defined and fixed in the current legislation, then its goals and objectives are not. Therefore, the "tree of goals" of the civil service is still problematic and debatable.

In the scientific literature there are different approaches to the typology of the goals of the public service. The most common are level and branch classifications.

From a level point of view, the goals of the public service are usually divided into strategic, operational and current. The main strategic goal of administrative power is to serve the interests of the state, and through it - society, the people. Serving the state and society, ensuring the quality of the performance of the functions and tasks of the state, its bodies and officials, increasing the efficiency of the state mechanism is the main goal of the public service. In addition, in accordance with the political and socio-economic situation in the country, medium-term and current goals are set before the civil service by political authorities.

From a sectoral or content point of view, all goals of the civil service are divided into political, administrative, social, economic, legal, organizational (Table 1).

The political and administrative goals of the civil service are aimed at strengthening the state and statehood, the executive power vertical, at the practical implementation of the functions of the state and the effective execution of the powers of state bodies, at ensuring the unity and stability of state power in the country, at creating conditions for communication between the state and civil society, and in general - to solve the problems of public administration. Table 1 - Goals of the civil service.

Main objectives of the civil service

Political and administrative

Fulfillment of constitutional requirements for state support of the social sphere;

    Implementation of the obligations of the state to ensure a certain standard of living, meet the material needs of people;

    Ensuring the welfare of society.

Social

    Execution and provision of the powers of the state and its bodies;

    Solution of national management tasks;

    Carrying out public affairs;

    Practical implementation of the functions of the state;

    Creation of conditions for communication of the state apparatus with the people

Economic

    Improving the efficiency of state management of the economy;

    Implementation of state property management on behalf of the state;

    Entrepreneurship support;

    Providing funding for public service costs;

    Reducing the cost of maintaining the state apparatus

Legal

    Ensuring compliance with state laws;

    Creation of legal conditions for the normal functioning of the state apparatus

Organizational

    Organizational and technical support of public authorities

    Professionalization of the state apparatus

    Improvement of norms, standards, rules for regulating the composition of the state apparatus, promotion

    Bringing the structure of the state apparatus in line with the tasks of the civil service

The social goals of the public service are determined by its social nature and the purpose of the public service as a social institution. State bodies set themselves the goals of fulfilling the constitutional requirements of state support for the social sphere - education, healthcare, pensions, the implementation of the state's social obligations to the population, regulation and prevention of social conflicts in society, employment in the labor market, etc. One of the goals in this area is to provide social guarantees for employees of the state apparatus and members of their families.

The social goals of the public service have a value content. This is an important link between its social and cultural components. With the help of the public service, the state ensures the reproduction of social resources, stability, integrity, balance of the social system, reduction of social tension, increase in the level and quality of life, contributing to the satisfaction of the needs of members of society. An important role is played by the relevant types of public service - demography, health care, social security, education, science, culture, etc.

They are specialized bodies that carry out differentiated management of social policy, analysis and synthesis of relevant social information, development of social programs, regulation of the processes of social differentiation of society, contributing to its socio-cultural development.

The economic goals of the civil service are aimed at improving the efficiency of state regulation of the economy and managing state property, supporting entrepreneurship, reducing the cost of maintaining the state apparatus, etc.

The legal goals of the civil service are focused on the implementation of laws and other normative acts of state power, on ensuring law-making activities in the country, on creating legal conditions for the organization and functioning of the state apparatus. The performance of these functions allows us to speak of the public service as a legal institution.

The organizational goals of the civil service are aimed at the organizational and technical support of public authorities, at increasing the level of professionalism and competence of employees of the state apparatus, at bringing the structure and size of the civil service in line with the tasks at hand, at improving the norms, rules and procedures for civil service.

The main tasks of the public service include:

    protection of the constitutional system, creation of conditions for the development of civil society, production, ensuring the free life of the individual, protection of the rights, freedoms and legitimate interests of citizens;

    formation of socio-political and state-legal conditions for the practical implementation of the functions of state bodies;

    ensuring the effective work of state bodies in accordance with their competence;

    improvement of the conditions of public service and professional activities of civil servants;

    ensuring the operation of the principle of openness in the activities of civil servants and state bodies;

    creation and maintenance of favorable interpersonal relations in state bodies that would ensure the development of positive personal qualities of employees.

Each type of public service, carried out by special state authorities, has its own tasks established in normative acts.

Thus, we can conclude that the main goal of the civil service is the practical implementation of the functions of the state, the solution of its tasks, ensuring the welfare of society, satisfying public interests on the basis of the principles and provisions established by law.

Consideration of the issue of the functions of the civil service allows us to reveal not only its main purpose, but also to identify unresolved problems of the civil service in order to eliminate gaps in legal regulation or its shortcomings, develop directions and identify means to improve the civil service and reform it. The functions of the public service are determined by its internal properties and fundamental features. In the most general form, it can be stated that the functions of the public service are the functions of the state itself, because the public service is the implementation of the goals and functions of the state, the practical performance by employees of their official duties and the competence of state bodies.

Depending on the criteria for analyzing the structure and content of this phenomenon, there are several options for classifying the functions of the civil service.

The first classification is given from the point of view of the meaningful activities of state bodies and their employees, and in accordance with it, the civil service performs the following main functions:

    managerial (administrative);

    organizational and administrative;

    legal;

    service;

    social;

    economic;

    cultural;

    educational.

The author distinguishes three groups of functions: informational, organizational and technological. The information group includes the following functions: cognitive-analytical, evaluative-expert, predictive-target, moral-legal, documentation-archival. In the organizational group, the following functions are distinguished: corporate-technological support and communication-computer support. The technological group includes the following functions: preparation of state decisions and their implementation, adoption and implementation of administrative decisions. The adoption of state decisions is the prerogative of political power, and administrative decisions are the prerogative of the public service.

The third classification combines the functions of the civil service for the adoption of regulations, control and supervision, law enforcement functions, as well as functions for the provision of public services and for the management of state property.

The fourth classification of public service functions is given in terms of its facets (essential aspects). In this regard, the functions of the public service are singled out as a professional activity, as a legal institution, as a social institution. The fourth classification is given by representatives of legal science, who understand the functions of the public service, first of all, law enforcement, law-making, human rights and regulatory functions.

Also, the functions of the civil service can be divided into basic and specific. In turn, the main and specific functions are divided into general, special and auxiliary (optional). This is the fifth classification.

The main functions of the public service are general, typical, special-oriented types of interaction between subjects and objects of management, characteristic of all managerial relations, ensuring the achievement of consistency and order in the field of public administration.

The main general functions of the public service include:

    information support for the activities of state bodies, i.e. collection, receipt, processing, analysis of information necessary for the implementation of state (administrative) activities; forecasting and modeling of the development of the civil service system, government bodies, public administration standards;

    planning - determination of directions, rates, quantitative and qualitative indicators of the development of certain processes in the public administration system, state functions (economic, socio-cultural, military, defense, combating organized crime and corruption in the public service, etc.). )

    organization - the formation of a civil service system based on established principles and approaches to this process, determining the structure of the management and managed systems in the civil service, establishing their competence and interconnection; organization in the narrow sense is the streamlining of the structure of state bodies, states, personnel, public administration processes, administration, i.e. operational regulation of public-service relations arising from the exercise of the powers of state bodies and official duties, ensuring the regime of proper state activity; in a narrow sense - current instructions by leading civil servants;

    management – establishment of rules, regulations, areas of activity and individual actions of state bodies, managed objects; general management - determining the content of state activities (for example, managerial);

    coordination – harmonization of the activities of various state bodies to achieve common goals and objectives of the public service; the control – establishing compliance or non-compliance of the actual state of the civil service system and its structure with the required (certain) standard and level, studying and evaluating the results of the overall functioning of the civil service, as well as specific actions of civil servants;

    regulation – the use of methods and methods of management in the process of organizing the public service system and its functioning;

    accounting – fixing information, expressed in quantitative form, on the movement of material resources of the civil service, on the results of the implementation of public-service relations, the powers of state bodies, etc. .

The specific functions of the civil service, on the one hand, affect the activities of the personnel of public authorities in the implementation of state coercion in the field of maintaining law and order and public order, and on the other hand, they can be considered as regulatory and other organizational impact (activity) on limited and expedient intervention in the economy and social and cultural construction, where often objects of management do not belong to the state and have significant independence in the choice of decisions and their implementation.

Thus, we can conclude that the range of functions of the public service is quite wide, and this indicates the extreme importance of this institution of power in the life of the state and society.

Considering the functions of the public service, it should first be noted that it itself “can be understood in a functional sense, i.e. as a specific type of state activity of personnel, the office apparatus of state bodies, the activity of administrative and managerial structures.

The activities of civil servants are manifested (carried out) in the following functions:

  • 1) law enforcement function - the implementation of powers of a regulatory and administrative nature; exercising state powers on behalf of the state or a state body in the performance of official duties;
  • 2) law-making function - the development and adoption of normative legal acts, the issuance of legal and authoritative instructions for various subjects of law in the system of the state administrative hierarchy, legislative activity, the issuance of orders and orders; their preparation, adoption and execution; giving instructions, etc.;
  • 3) regulatory function - development and implementation public policy in all spheres of society, the exercise of jurisdictional powers and actions, i.e. application of measures of state coercion to individuals and legal entities; ensuring the reconciliation of various interests;
  • 4) organizational function - ensuring the practical implementation of the competence of state bodies, the performance of organizational actions and logistical operations (holding various kinds of meetings, operational meetings, conferences, meetings, examinations, inspections, etc.);
  • 5) human rights function - the implementation of measures to ensure and protect the rights and freedoms of man and citizen, their observance of obligations to the state; state and other bodies - before citizens.

Civil servants, as we see, perform a greater amount of directly administrative and managerial functions, such as: public administration, state-oriented activities, state control and supervision, state planning and forecasting, state accounting, state leadership and coordination.

Thus, in a practical and functional sense, the civil service is a law-based activity of the staff of state bodies of representative, executive and judicial power, consisting in the implementation of state power in various fields. public life in order to fulfill the tasks and functions of the state.

The sources of legal regulation of the construction and functioning of the civil service are primarily the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, as well as constitutions, charters, laws and other regulatory legal acts of the constituent entities of the Russian Federation. The Constitution of the Russian Federation, federal laws, constitutions, charters and laws of the constituent entities of the Russian Federation cannot regulate literally all issues of the construction and functioning of the public service, especially since such laws have not yet been adopted in a number of areas. Therefore, the existing "gap" in this legal field is filled with other regulatory legal acts: decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, orders and orders of federal ministries and departments, similar documents at the level of subjects of the Russian Federation. For ease of use, they are published in the relevant collections, and not only published in periodicals or departmental press.

Describing such an element of the general organization of the civil service as civil service positions, let us turn to Article 8 of the Federal Law "On the System of the Civil Service of the Russian Federation", which says:

Civil service positions are established by a federal law or other regulatory legal act of the Russian Federation, a law or other regulatory legal act of a constituent entity of the Russian Federation.

According to the types of civil service, civil service positions are divided into:

  • - positions of the federal state civil service;
  • - positions of the state civil service of the subject of the Russian Federation;
  • - military positions;
  • - positions of law enforcement service.

Civil service positions are distributed into categories and (or) groups in accordance with federal laws on the types of public service and the laws of the constituent entities of the Russian Federation on their public civil service.

The ratio of federal state civil service positions, military positions and law enforcement service positions is determined by Decrees of the President of the Russian Federation.

The ratio of positions of the federal state civil service and standard positions of the state civil service of the constituent entities of the Russian Federation is determined by federal law or a decree of the President of Russia.

According to article 9 of the federal law on the system of public service of the Russian Federation, the Register of positions of the federal public service is formed by:

  • - lists of positions in the federal civil service;
  • - lists of typical military positions;
  • - lists of standard positions of law enforcement service. All of these lists are approved by the President of the Russian Federation.

The register of positions of the state civil service of the subject of the Russian Federation is approved by the law (other regulatory legal act) of the subject of the Russian Federation.

The register of positions of the federal civil service and the registers of positions of the state civil service of all subjects of the Federation constitute the "Consolidated register of positions of the civil service of the Russian Federation".

It is also important to emphasize how the problem of implementing the competence of the Russian Federation and the competence of the subjects of the Russian Federation in the field of establishing and legal regulation of public service relations is being solved. At the same time, we point out that Article 71 of the Russian Constitution clearly and unequivocally assigns the federal public service to the jurisdiction of the Russian Federation.

Issues of the civil service of the constituent entities of the Russian Federation, in the sense and spirit of the constitutional novels (Articles 72, as well as paragraphs 2 of Articles 76 and 77 of the Constitution of the Russian Federation, taken in their relationship) are assigned to the subjects of joint jurisdiction of the Russian Federation and its constituent entities, and therefore are regulated by federal laws on public service and laws (and other regulatory legal acts) of the relevant subjects of the Russian Federation.

This, by the way, is widely carried out in the modern practice of legal regulation of public service activity of the constituent entities of the Russian Federation.

  • Public service in the system of power and public administration
    • The concept of the dichotomy of state power
    • Political Power and Public Service: General and Special
    • Public administration as the main function of the state civil service
  • Theoretical and methodological foundations of public service
    • General scientific approaches to the theory of public service
      • The structure of the theory and methodology of public service
    • The concept of "public service"
    • The nature of the civil service
      • Goals, tasks, functions of the state civil service
  • Public service as a social and legal institution and professional service activities
    • public service as social institution
    • Civil service as a legal institution
    • Public service as a professional service activity
      • Professional activity in relation to public service
  • The system of public service of the Russian Federation
    • Essence and structure of the public service system modern Russia
    • Basic principles of construction and functioning of the public service system of the Russian Federation
  • Federal State Civil Service: essence, structure, features
    • Federal public service: concept, distinctive features, functions
    • Structure and features of the federal civil service
    • The specifics of the organization and functioning of the civil service in federal government bodies
      • State service of the federal executive branch
      • Public service of the judiciary
  • Public service of the constituent entities of the Russian Federation
    • Constitutional foundations for the functioning of public authorities of the constituent entities of the Russian Federation
    • Legal regulation and organization of the state civil service of the constituent entities of the Russian Federation
    • Comparative analysis federal legislation and the legislation of the constituent entities of the Russian Federation on issues of the state civil service
      • Admission (admission) to the civil service
      • Legal status of a civil servant of a constituent entity of the Russian Federation
  • Civil servant: concept, classification
    • Civil servant: concept, signs
    • Classification of civil servants of the Russian Federation
  • Positions of the state civil service of the Russian Federation
    • Civil service positions: concept
      • Signs of public office
    • Classification of positions of the state civil service of the Russian Federation
      • Qualification requirements for positions
    • Register of positions of the federal state civil service
  • Passage of the state civil service
    • Theoretical foundations of public service
    • The main types of the civil service process
    • Legal and organizational framework for the civil service of the Russian Federation
      • Organization of public service
  • Social and legal status of a civil servant in Russia
    • Status of a civil servant: concept and classification
    • Essence and signs of the social status of a civil servant
    • Legal status of a state civil servant of the Russian Federation
      • Basic duties of a civil servant
      • Civil service restrictions
      • Prohibitions related to civil service
  • State guarantees and liability in the civil service of the Russian Federation
    • Basic and additional state guarantees for civil servants
    • Incentives and disciplinary sanctions in the civil service
  • Public Service Management
    • Conceptual Framework for Civil Service Management
      • Subjects and objects of management
    • The system of management of the civil service of the Russian Federation
      • Federal level of government
      • The level of management of the subjects of the Russian Federation
    • Improving the efficiency of the Russian civil service management system
  • Reform and development of the public service system of the Russian Federation
    • Theoretical foundations of civil service reform
    • Legal basis reforming the public service system of modern Russia. Federal reform program
    • The main directions of reform and development of the public service system of the Russian Federation
    • Problems and prospects for the development of the state civil service of the Russian Federation
  • State personnel policy and personnel doctrine
    • Theoretical foundations of state personnel policy
    • Priority directions of the state personnel policy of the Russian Federation
    • personnel doctrine. Problems of state personnel policy in modern Russia
  • Legal basis and subject-object base of the state personnel policy
    • Legal basis of the state personnel policy and personnel activity of modern Russia
    • Subjects and objects of state personnel policy
      • Objects of state personnel policy
  • Basic principles and mechanisms for the implementation of the state personnel policy
    • Basic principles for the implementation of the state personnel policy
    • Mechanisms for the implementation of state personnel policy in the public administration system
      • The mechanism of regulatory support of personnel policy
      • The mechanism of organizational support of personnel policy
      • Research mechanism of personnel policy
  • State personnel policy in the system of state civil service
    • Essence, tasks and principles of personnel policy
    • Priority areas of personnel policy and personnel work
    • Development of the personnel of the civil service of the Russian Federation
  • Personnel work and personnel service of a state body
    • Personnel work in a state body: essence and content
    • Personnel service of a state body
  • Formation of the personnel of the civil service
    • Qualification requirements for public civil service positions
    • Theoretical and organizational foundations of personnel selection
    • Ways to fill public positions
  • Personnel technologies for assessing the personnel of the state civil service
    • Theoretical foundations for assessing civil service personnel
      • Methodology for assessing civil service personnel
    • Competition and test for admission to the civil service
    • Certification in the civil service
      • Qualification exam for civil servants
  • Formation and training of a personnel reserve in the civil service
    • Conceptual, legal and organizational foundations for the formation of a personnel reserve
    • The procedure for the formation and preparation of a personnel reserve
    • Features of the formation of a reserve of managerial personnel
      • The program for the formation of a reserve of managerial personnel in the city of Moscow
  • Business career management
    • Service and business career: essence, classification, stages
      • Career advancement
    • Strategy, tactics and technologies for managing a business career
      • HR technologies
    • career growth factors
  • Professional Development. Additional professional education of civil service personnel
    • Legal framework and principles for the professional development of civil servants
    • Organization of additional professional education
    • State order for professional retraining and advanced training of civil servants
  • Corruption in public authorities
    • The essence of corruption as a social phenomenon
      • Aspects of corruption
    • Causes and forms of spread of corruption in public authorities
      • Forms of manifestation of corruption
    • Legal Basis and Anti-Corruption Measures in the Public Service System
    • Organizational measures to combat corruption in the civil service
  • Moral foundations of public service and personnel policy
    • Moral principles of personnel policy and performance of civil servants
    • Requirements for official behavior of civil servants. Settlement of conflict of interest
    • The principle of serving the state and society
    • Moral problems of civil servants
  • Foreign experience of public service and personnel policy
    • Modern European experience in the organization of the civil service
      • Public civil service in the UK
      • Public civil service in France
      • State civil service in Germany
    • Civil service management in foreign countries
    • Personnel management in public service in Western countries
      • Personnel policy in the civil service in France
      • Personnel policy in the civil service in the UK
      • Personnel policy in the public service in the United States
    • Modern Foreign experience formation of a personnel reserve in the public service
  • The experience of public service and personnel policy in Russia
    • Public service in Tsarist Russia
    • Career policy and public service in tsarist Russia
    • Public service in the party-Soviet period

Federal public service: concept, distinctive features, functions

Within the framework of the level classification, the state civil service is divided into two levels: the highest - the federal state civil service and the lowest - the state civil service of the constituent entity of the Russian Federation. The military and law enforcement services are by law forks of the federal civil service.

An attempt to define the concept of "federal public service" was made by the domestic legislator back in 1993 in the Regulations on the Federal Public Service, approved by Decree of the President of the Russian Federation No. 2267 of December 22, 1993, although even before that, in Art. 11 of the Constitution of the Russian Federation, the constitutional division of state power (and hence the public service) into “state power in the Russian Federation” and “state power in the constituent entities of the Russian Federation” was fixed, with the delimitation of subjects of jurisdiction and powers. Article 71 of the Constitution referred the federal public service to the jurisdiction of the center, i.e. Russian Federation.

In the Regulations on the Federal Public Service, a rather voluminous wording of the federal public service was also given: “The federal public service is carried out in accordance with the Constitution of the Russian Federation, legislative and other regulatory acts of the Russian Federation in public positions in the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, in the apparatus of the chambers of the Federal Assembly Russian Federation, the Constitutional Court of the Russian Federation. Supreme Court of the Russian Federation. Supreme Arbitration Court of the Russian Federation, Central Election Commission of the Russian Federation. Accounts Chamber Russian Federation, in federal state bodies subordinate to the President of the Russian Federation and the Government of the Russian Federation, as well as in other positions, in accordance with the legislation of the Russian Federation.

As you can see, this formulation does not contain a definition of the concept and essence of the federal civil service.

In 1995, in the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation" No. 119-FZ, which legalized the institution of the civil service, the legislator again refers to this topic. So, in Art. 2 very briefly states that the Russian civil service is divided into two levels: federal and subjects of the Russian Federation. But the definition of the essence of the federal civil service was not given, since the scientific basis of this concept had not yet been developed, and practical experience was completely absent.

The Concept of Reforming the System of the Civil Service of the Russian Federation (2001) and the Federal Program "Reforming the Civil Service of the Russian Federation (2002)" also did not give a detailed interpretation of the essence of the federal civil service and its features, mentioning only that a single system of civil service is formed by different kinds federal public service and public service of the constituent entities of the Russian Federation.

For the first time at the legislative level, the definition of the essence of the federal civil service was formulated in the Federal Law "On the System of the Civil Service of the Russian Federation" No. 58-FZ (2003). In Art. 4 of this legal act states: - professional service activities of citizens to ensure the execution of the powers of the Russian Federation, as well as the powers of federal state bodies and persons holding public positions in the Russian Federation. The concepts of “positions of the federal civil service” and “federal civil servant” are also introduced there.

An analysis of this concept shows that the normative definition of the civil service of the Russian Federation in general is the basic one for it. hallmark serves the fact that in the federal service, civil servants ensure the execution of the powers of only federal structures and officials: the Russian Federation, federal government agencies and politicians at the federal level.

Along with the normative, it is advisable to give a theoretical definition of this concept, indicated in the works of a number of scientists - sociologists and political scientists. Here, in our opinion, an integrated, generalizing approach is acceptable: federal civil service is the central public administrative system country, a legal, social and organizational institution at the federal level, designed to perform the tasks and functions of the state, the professional service activities of citizens of the Russian Federation, replacing the positions of the state civil, military and law enforcement service in federal government bodies formed in accordance with the Constitution of the Russian Federation and federal legislation .

The analysis allows us to highlight the distinctive features of the federal civil service:

  • this service consists in the implementation on behalf of the state of public administration throughout the country;
  • federal state bodies in which the federal state service functions are created on the basis of the Constitution of the Russian Federation and federal legislation;
  • this service ensures the execution of the powers of only federal government agencies and politicians at the federal level;
  • federal civil servants receive financial support at the expense of the federal budget;
  • legal, organizational and other foundations of the federal civil service, as well as the legal status of federal civil servants are regulated by federal legislation.

The basis of the federal civil service is the staff positions included in Register of positions in the federal civil service. In accordance with the legislation, state positions of the federal civil service are divided into positions of the federal civil service (in federal government bodies), military and law enforcement service positions. Civil service positions may be established in a federal state body different types. The positions will be filled by federal civil servants - Russian citizens who carry out professional service activities in the positions of the federal civil service and receive salaries from the federal budget. This is a normative definition.

Personnel composition federal civil servants is fairly representative.

According to Rosstat data for 2008, the total number of state civil servants of the Russian Federation was 770.8 thousand people. Of these, there were 548.4 thousand federal civil servants, 222.4 thousand in state authorities of the subjects of the Federation. 469.3 thousand, in the judiciary and the prosecutor's office - about 79.1 thousand. It can be stated that in quantitative terms, the personnel corps of federal civil servants is optimal and generally meets the requirements of the public administration system.

Purposes and functions of the federal civil service are not clearly defined either in regulations or in the scientific literature. If we proceed from the essence and social role of the federal public service as an administrative activity to ensure the execution of the powers of federal state bodies, then the main goal of the federal public service is to serve the interests of the Russian state and society, to ensure the high-quality performance of the functions of the state, its federal bodies and officials. Being an instrument and mechanism of the state, the federal public service ensures the efficiency and stability of public administration on the scale of the Russian Federation.

As for the functions of the federal civil service, they can be seen to a greater extent in the normatively fixed provisions and regulations of individual federal state bodies. As part of ensuring the execution of the powers of federal authorities, it is advisable to single out several main functions: information and analytical; organizational and technical; preparation and decision-making procedures; implementation of the adopted management decision; legal; financial and economic; personnel; expert; documentation.

The listed functions do not exhaust the whole variety of functions of the federal civil service, but show the most significant areas of activity. These functions are implemented in all federal state bodies, regardless of their belonging to one or another branch of government. In each of these bodies, the civil service has other functions specific to this body.