Functions of the municipal service. Tasks and functions of state and municipal services in Human Rights - ensuring the rights and freedoms of citizens

The main tasks of the civil service include:

· protection of the constitutional system 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 practical implementation functions government agencies;

· ensuring the effective operation of government bodies in accordance with their competence;

· improving the conditions of public service and professional activities of civil servants;

· ensuring the principle of openness in the activities of civil servants and government bodies;

· creation and maintenance of favorable interpersonal relationships in government agencies that would ensure the development of positive personal qualities of employees

The main general functions of the civil service include:

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

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

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

· with organized crime and corruption in the public service system, 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 public service, establishing their competence and interrelation; organization in the narrow sense is the streamlining of the structure of state bodies, staff, personnel, public administration processes, management, i.e. operational regulation of state-service relations arising from the exercise of 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 government bodies and managed objects; general management - determining the content of government activities (for example, management);

· coordination – coordination of the activities of various government bodies to achieve common goals and objectives of the civil 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 assessing the results of the general functioning of the civil service, as well as specific actions of civil servants;

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

Accounting is the recording of information, expressed in quantitative form, about the movement of material resources of the public service, about the results of the implementation of public-service relations, the powers of government bodies, etc.

7.Principles of public service

The Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” establishes the following principles of civil service.

1. The principle of the supremacy of the Constitution of Russia and federal laws over other regulatory legal acts, job descriptions when civil servants perform official duties and ensure their rights. It reflects the requirement of Part 2 of Art. 4 of the Constitution stating that the Constitution of the country and federal laws have supremacy throughout the entire territory of the Russian Federation. The Constitution presupposes the formation of a system in which the highest legal power is vested in main law state - its Constitution, and all other normative legal acts must comply with it.

2. The principle of priority of human and civil rights and freedoms, the immediacy of their action. This new provision in Russian legislation obliges civil servants to recognize, respect and protect human and civil rights and freedoms. For the rule-of-law state that is supposed to be created in Russia, it must be mandatory to recognize individual rights as the highest value and the inevitability of those provided for by the Federal Law “On the Fundamentals of Public Service.” Russian Federation» responsibility of all public servants for acts leading to violations of the rights, freedoms and legitimate interests of citizens.

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

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 government, their independence within established limits in the implementation of their functions. At the same time, it follows from the essence of this principle that a civil servant does not have the 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 public service is determined only by Russian citizenship, age and other requirements established for civil servants.

6. The principle of binding decisions for civil servants made by higher state bodies and leaders within the limits of 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 executive discipline at all levels 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 (titles, ranks), a unified procedure for performing civil service, general lists of rights and obligations, restrictions and guarantees, general (from the point of view of organization and methodology) systems for training personnel and monitoring their competence.

8. The principle of professionalism and competence is the main criterion that is used when selecting candidates for a vacant public service position. Preference is given to the most worthy person, who has better training, more work experience in his specialty, and who has demonstrated his organizational abilities in practice.

9. The principle of transparency presupposes the openness of legislation on civil service, the accessibility of government bodies and their resolution of issues about the fate and legal status of a civil servant with his knowledge and consent. There cannot be genuine accountability of civil servants without expanding publicity, taking into account public opinion, openness and accessibility for control. Not a single government employee can remain outside control and outside criticism.

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

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

12. The principle of personnel stability in government agencies 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 government 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 the manner established by current legislation, performs duties in a civil service position for monetary remuneration paid from 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; guarantees; incentives; cash support; pension provision; responsibility.

The rights of civil servants represent a set of legal opportunities, firstly, provided to them by the Constitution of the Russian Federation, the constitutions and charters of the constituent entities of the Russian Federation as citizens of the Russian Federation; secondly, arising from the fact of their holding 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 are granted a significant amount of official (official) rights. The most significant of them are the following:

Making decisions and participating in their preparation in accordance with job responsibilities;

Familiarization with all documents defining his rights and responsibilities for his position;

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

Visiting various facilities to perform official duties, regardless of the form of ownership;

Familiarization with all 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 a competition to fill a vacant civil service position. He is given the right to promotion (career), to increase his salary, as well as to retraining and advanced training. In accordance with his length of service in public service, he is entitled to social security. To protect their interests, civil servants have the right to unite in trade unions.

To resolve disputes related to the civil service, an employee can apply to the relevant government bodies or to the court (for example, on issues of qualification and certification, recruitment, completion of service, exercise of his rights).

The main responsibilities of civil servants are related to:

Compliance with the law;

Ensuring the rights and legitimate interests of citizens;

Execution of orders, instructions and instructions of managers (except for illegal ones);

Compliance with internal labor regulations and job descriptions;

Timely consideration of appeals from citizens and organizations and 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 service authorities information about the income he received and the property that belongs to him by right of ownership and is subject to taxation.

The legislation establishes a number of restrictions related to public service. The employee has no right:

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

Be a deputy of any representative body;

Engage in business activities personally or through proxies;

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

Be an attorney or representative for the affairs of third parties in the body in which he serves or which is directly subordinate or controlled by him;

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

Receive honoraria for publications or appearances as a government official;

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

Take part in strikes;

Use your official position in the interests of political parties and public organizations.

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

A system of incentive measures has been established for civil servants for successful and conscientious performance of official duties, long-term and impeccable service. Such measures include: declaration of gratitude, issuance of a prize, awarding a valuable gift, conferring honorary titles, state awards.

For failure to perform or improper performance of the duties assigned to him, for actions or inactions leading to a violation of the rights and legitimate interests of citizens, a civil servant bears legal liability (disciplinary material).

9. Limitations and guarantees in the public service

To ensure legal and social protection of civil servants, increase motivation for the effective performance of their official 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 others federal laws, civil servants are guaranteed:

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

2) the right of a civil servant to receive salary in a timely and full amount;

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

4) rest, ensured by establishing the normal length of service time, providing days off and non-working holidays, as well as annual paid basic and additional leaves;

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

6) compulsory state social insurance in case of illness or loss of ability to work during the period of civil service or preservation of salary in case of temporary disability, as well as for the duration of a medical examination in a specialized health care institution in accordance with federal law;

7) payments for 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 sending 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 his family members to another area when transferring a civil servant to another government body. The procedure and conditions for reimbursement of expenses to a civil servant are established accordingly by the resolution of the Government of the Russian Federation and the regulatory legal acts of the constituent entity of the Russian Federation;

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

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

refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by federal laws, if the performance of official duties in a municipal service position for which a citizen is applying, or in a municipal service position being filled by a municipal employee involves the use of such information;

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

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

termination of Russian citizenship, termination of citizenship foreign country– a party to an international treaty of the Russian Federation, according to which a foreign citizen has the right to be in the municipal service, acquiring citizenship of a foreign state or obtaining a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state that is not a party to the international agreement of the Russian Federation, according to which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be in municipal service;

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

submission of false documents or knowingly false information when applying for municipal service;

failure to provide information established by the Federal Law “On Municipal Service in the Russian Federation” or provision of knowingly false information about income, property and property-related obligations;

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 failure or improper performance 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 manager having the right to appoint a civil servant to a public position in the civil service:

1. note;

2. reprimand;

3. severe reprimand;

4. warning about incomplete official compliance;

5. dismissal.

2. A civil servant who has committed official misconduct may be temporarily (but not more than a month), until the issue of his disciplinary liability is resolved, suspended from performing official duties while maintaining his pay. 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. A civil servant, in case of doubt about the legality of an order he has received for execution, is obliged to immediately notify his immediate supervisor, the manager who issued the order, and a superior manager in writing. If a superior manager, or in his absence, the manager who issued the order, confirms the said order in writing, the civil servant is obliged to execute it, except in cases where its execution is an administrative or criminal offense.
Responsibility for the execution by a civil servant of an unlawful order lies with the manager who confirmed this order.
5. A civil servant bears the legal responsibility for actions or inactions leading to a violation of the rights and legitimate interests of citizens.

The functions of the municipal service are the main directions of its activities, which are formed and determined in accordance with its objectives. Moreover, functions are a method and way of solving problems and achieving goals.

The main functions of the municipal service are:

1. Planning:

Planning is based on the development of programs and plans for the activities of the municipal service to solve the problems facing local government. Planning consists of formulating the conditions necessary to solve a particular issue, establishing the sequence for creating or ensuring these conditions; determining the order, as well as the timing of specific actions?, indicating what the results of the activity should be.

The activities of the administrative structures of the municipal service are carried out in accordance with long-term and current plans. Is long-term work planning implemented by adopting an action plan for certain structural units? local government body, a group of municipal employees responsible for specific areas of work, for the long term (usually more than two years). Current planning is the preparation of work plans for a month, quarter, year.

2. Regulation (from Latin regulare - to establish, to organize).

In relation to the municipal service, regulation means streamlining public relations arising in the sphere of local self-government, establishing connections between the subjects of these relations, bringing the system of managing the affairs of the municipality to a state that will ensure the effective operation of all elements of local government.

3. Disposition.

Are administrative functions expressed in giving specific instructions? performers of the work - to perform certain actions in a certain order and in certain ways? term. However, they also manifest themselves in the direct actions of municipal employees. For example, in relation to financial resources administrative functions will be expressed in the decision by an authorized person to allocate certain amounts for the implementation of this? or other task. In relation to municipal property, are administrative functions manifested in decision-making? about committing legal actions relating to this property (sell, transfer to economic management, return from operational management, etc.). Since administrative functions usually coincide with executive functions, they are often combined and formulated as executive-administrative functions.

4. Coordination (from Latin together and ordinatio - ordering).

What does she represent? establishing relationships? between local government bodies and various external (citizens, organizations, local government bodies of other municipalities?, government bodies of the constituent entities of the Russian Federation and federal government bodies) and internal (structural units of local government, municipal employees) subjects. Are relationships necessary for the coordinated and clear activities of various legal entities? to solve specific problems.

5. Control.

In relation to the functions of the civil service, this is the establishment of compliance or non-compliance of the actual state of the civil service system and its structure with the required (certain) standard and level; study and assessment of the results of the general functioning of the civil service, as well as specific actions of civil servants; establishing the relationship between what was planned and what was done in the system of public administration and civil service.

How is the function of the municipal service control a check of the quality, completeness and timeliness of compliance by subjects with legal relations? tasks and goals assigned to them. It may include checking the implementation of the decisions made? or duties? assigned to one or another subject.

6. Accounting and information support.

In the municipal service, accounting is the regular collection of information, information about the results of the activities of local governments, about the movement of financial and material resources of the municipal service, about municipal property, etc. The main form of accounting is recording facts. By information support is meant the collection, processing, accumulation, storage, search, analysis and presentation of information required by local government bodies, officials, municipal employees, and the population? about persons, objects, facts, events, phenomena and processes.

Direct, special functions that are performed by structural units of local government bodies, municipal employees, are specified in accordance with the tasks assigned to the self-government body or employee.

8. Comparative analysis civil service in Russia and the USA

In the United States, the president and the ruling elite are subject to the constitution just like all other employees. For comparison, I would like to present several principles of ethical behavior of officials and employees of the US government apparatus, adopted in 1990. It will be interesting to compare our “not in the right” with at least one principle that would be useful to reproduce in its entirety: public service is a “service of public trust,” which requires the employee to put loyalty to the Constitution, the law and ethical principles above personal and private interests. An employee of a government agency shall not solicit or accept any gift or other form of remuneration of monetary value from any person or organization seeking assistance in any matter, etc.

Of course, the Law on Civil Service in the Russian Federation also contains a number of positive norms that really contribute to the formation of a socially necessary status of the civil service: the introduction of qualification exams, certifications and competitions for filling vacant positions, restrictions related to the status of a civil servant. But in general, there is still a widespread opinion that the Law, created by the elite for itself, based on short-term interests and without taking into account the long-term tasks of building a rule of law state on the ruins of the command-administrative system, only formalizes on paper the desire to create a regime for the reproduction and protection of the bureaucratic caste .

Civil service systems existing in the world can be divided into two types - personnel and contract. The personnel civil service provides for a long-term (up to lifelong) tenure; the legal status of civil servants differs significantly from the status of other employees. Civil servants are less mobile and it is often difficult to become one of them. Accordingly, the labor market for ordinary workers exists somewhat in isolation. At least the main flow goes in one direction - people get into the civil service from here, but the opposite happens much less often.

The contract system, which exists in its most developed form in the United States, is close in nature to the usual understanding of employment and work. Civil servants are, in fact, managers whose “boss” is the state, not as such (this is typical for the personnel system), but in the person of its very specific body, which has broad powers in resolving all issues of relations with employees. The legal status of civil servants in many respects does not differ from employees of private companies (of course, military personnel and some other specific categories have a completely different status, the consideration of which is beyond the scope of this article). The mixture of private and public spheres characteristic of the United States leads to paradoxical phenomena. For example, in the state of California there is the concept of a “retained judge”. This term denotes a person who is not an ordinary judge and decides cases privately, but in compliance with all procedures established for state courts (this should not be confused with the system of arbitration courts that exist in Russia and the USA).

The activities of hired judges are paid by the parties to the dispute.

The civil service system currently emerging in Russia is somewhat eclectic. There is some difference between practice and theory, enshrined in legislation, which is also sometimes very controversial. In accordance with the law “On the Fundamentals of Civil Service,” a typical personnel system is being created in Russia with its inherent hierarchy of bureaucracy, government positions, and the institution of ranks. Legal status Russian officials, as elsewhere, has its own specifics - they, for example, do not have the right to engage in other paid activities (with some exceptions).

Civil servants are divided depending on the level of government into federal civil servants and employees of the constituent entities of the Federation. The latter have great opportunities to organize public service in the bodies under their jurisdiction. Sometimes this leads to violations of the law.

Staffing government bodies with employees faces many challenges. The main reason is that the salaries are too low. As a result, it is often necessary to focus on university graduates who do not have many opportunities to choose work in commercial structures, where one of the main requirements is work experience. Some people quite consciously enter the civil service (for example, in tax authorities) in order to gain experience and connections that can be used in the future in private companies. At the same time, in a new place of work, such employees often perform exactly the opposite tasks - for example, instead of collecting taxes, they are engaged in concealing mandatory payments.

According to Russian legislation, there are two main ways to occupy government positions - from the reserve and through competition.

In conclusion, we note that the experience of Western countries in working with senior administrative personnel can be useful for Russia, where today very little is being done in this important area. The most important thing here is to choose the right development strategy and determine the nature of the service of senior managers. It is possible to use several concepts: strategies based on the concept of the elite, which involves the formation

a separate group of senior administrators with certain qualities and university education; models based on political responsibility, when the appointment and activities of senior officials are subject to strict political control; a management concept focused on forming a group of government managers capable of effectively managing programs and the work of the country's civil services. After the formation of a general development concept, it is necessary, in our opinion, to carry out work in the following areas:

• * select a group of senior civil servants and develop a special mechanism for managing them;
• *find a rational relationship between political and career employees;
• * increase the role of senior officials in political planning and state personnel policy;
• * create special programs for their training, professional development and mobility;
• * organize a separate structure responsible for working with senior personnel;
• * develop separate professional development programs in each ministry and department.

All these measures are designed to increase the efficiency of government in Russia.

Municipal service is the professional activity of citizens carried out on an ongoing basis in municipal service positions, filled by concluding an employment agreement (contract).

The employer for a municipal employee is a municipal entity, on behalf of which the employer’s powers are exercised by a representative of the employer (employer).

The representative of the employer (employer) may be the head of a municipality, the head of a local government body, the chairman of the election commission of a municipality or another person authorized to act as a representative of the employer (employer). Federal Law of the Russian Federation of March 2, 2007 N 25-FZ (as amended on March 4, 2014) “On municipal service in the Russian Federation”

Just like the state civil service, the municipal service conducts its activities on the basis of the principles established in the federal and regional legislation on municipal employees.

The principles of municipal service are the basic ideas that reflect objective patterns and determine scientifically based directions for the implementation of the competence, tasks and functions of local governments, the powers of municipal employees operating in the system of public authority.

The principles of municipal service should express the essence of municipal service, its features; they reveal the general nature of managerial, executive-administrative and other administrative activities of municipal employees and enshrine them in legal acts. The principles of municipal service establish patterns in the system of organization and functioning of municipal service. They express the significance, legitimacy, and social value of the relationships that arise in the municipal service system.

The basic principles of municipal service are:

• 1) priority of human and civil rights and freedoms;
• 2) equal access of citizens who speak the state language of the Russian Federation to municipal service and equal conditions for its performance, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and also from other circumstances not related to the professional and business qualities of a municipal employee;
• 3) professionalism and competence of municipal employees;
• 4) stability of the municipal service;
• 5) availability of information about the activities of municipal employees;
• 6) interaction with public associations and citizens;
• 7) unity of basic requirements for municipal service, as well as taking into account historical and other local traditions when performing municipal service;
• 8) legal and social protection of municipal employees;
• 9) responsibility of municipal employees for failure to perform or improper performance of their official duties;
• 10) non-partisanship of the municipal service. Federal Law of the Russian Federation of March 2, 2007 N 25-FZ (as amended on March 4, 2014) “On municipal service in the Russian Federation”

Let's take a closer look at each of these principles:

The principle of priority of human and civil rights and freedoms.

This principle is enshrined in Article 2 of the Constitution of the Russian Federation, which states: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.” Based on the content of Article 18 of the Constitution of the Russian Federation, it is the rights and freedoms of man and citizen that should determine the activities of legislative and executive authorities and local self-government. It follows from this that this principle is important not only for the municipal service, but also for the entire public service system of the Russian Federation. It can be noted that the principle of priority of human and civil rights and freedoms, their direct action, the obligation to recognize, respect and protect them is enshrined in the Federal Law “On the Civil Service System of the Russian Federation” as a principle for the construction and functioning of the civil service system (Article 3 ) and in the Federal Law “On the State Civil Service of the Russian Federation” as a principle of civil service (Article 4).

This principle is expressed in certain articles of the Federal Law “On Municipal Service in the Russian Federation”. Thus, in accordance with clause 3, part 1, article 12 of the law, a municipal employee is obliged to observe the rights and legitimate interests of citizens and organizations when performing official duties.

Taking into account all of the above, when selecting candidates for municipal service positions, special attention should be paid to their ability and willingness to take into account the interests of citizens in their work. A serious violation of the priority of rights and freedoms should be considered cases when municipal employees themselves do not respect human rights, the protection of which is the essence of their activities.

The principle of equal access of citizens to municipal services. This principle is based on constitutional provisions on the equality of citizens: citizens of the Russian Federation have equal rights to exercise local self-government.

Restrictions on the right of equal access to municipal services can only be established by federal law.

The principle of professionalism and competence of municipal employees. Municipal service is a professional activity that requires special knowledge and skills for its implementation. The implementation of the principle of professionalism and competence of municipal employees should contribute to the creation of a stable and effective municipal service that resolves issues of local importance based on the interests of the population. To implement this principle, legally established qualification requirements are necessary for persons applying for positions in the municipal service. The principle of professionalism and competence of employees establishes the content and functioning of the civil service system.

The principle of stability of municipal service. This principle means minimizing staff turnover with a stable staffing. A guarantee of stability of service for municipal employees is an employment contract, which provides for the rules for changes to the employment contract and its termination.

The principle of accessibility of information about the activities of municipal employees. This principle is enshrined in Part 2 of Article 24 of the Constitution of the Russian Federation: “State authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.”

The principle of interaction with public associations and citizens. This principle means that the municipal service interacts with civil society. Local government is public authority close to the population. The basis of local self-government is the implementation of solutions to issues of local importance independently and under one’s own responsibility. Responsible self-government assumes that in the event of improper exercise by citizens of their rights, the resulting unfavorable socio-economic, political, etc. the consequences fall on the population and may not be compensated by the state.

Interaction with public associations and citizens is carried out in various other forms. Such forms are public hearings, conferences, citizens' meetings and other forms.

The principle of unity of the basic requirements for municipal service in the Russian Federation, as well as taking into account historical and other local traditions. Feature reflection legal regulation municipal service, carried out both at the federal level, at the level of constituent entities of the Russian Federation, and at the level of municipalities is the basis of this principle.

The Constitution of the Russian Federation establishes that local government bodies are not included in the system of state authorities (Article 12), and also predetermines the organizational separation of the municipal service from the state service; Article 72 states that the establishment general principles local self-government is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, due to which legislative regulation of municipal service is carried out at two levels; Articles 130-133 of the Constitution generally regulate issues of organizing local self-government.

Specified regulations and establish uniform basic requirements for the municipal service and municipal employees.

General provisions on municipal service are usually contained in the charters of municipalities. Other issues of organizing municipal service in a municipal entity may be regulated by decisions of the representative body, resolutions and orders of the head of the municipal entity and the head of the local administration and other municipal legal acts.

It is at the level of municipalities that the consideration of historical and national traditions in the organization of municipal services is most evident.

The principle of legal and social protection of municipal employees. This principle is intended to ensure the stability of personnel in local government bodies, as well as to protect municipal employees from the political situation, from the arbitrariness of the leader, to guarantee the municipal employee the necessary working conditions, monthly pay, pensions, assistance to the family of the municipal employee in the event of his death related to the performance of their job responsibilities, etc.

The principle of responsibility of municipal employees for failure to perform or improper performance of their official duties.

Responsibility is a necessary condition for the functioning of any public institution, which, as stated above, is the municipal service.

In relation to municipal employees, positive responsibility is expressed in the awareness of their personal responsibility for the assigned work. However, the above principle speaks of responsibility for failure to perform or improper performance of one’s official duties. Therefore, in this case we are talking about negative responsibility.

Failure to perform or improper performance by a municipal employee, through his fault, of the official duties assigned to him is a disciplinary offense and entails the application of disciplinary measures to him (Article 27 of the Federal Law “On Municipal Service in the Russian Federation”).

The principle of non-partisan municipal service. This principle is final in the list given in Art. 4 of the Federal Law "On Municipal Service in the Russian Federation". Its essence is that the municipal service, as a public organization, should be free from the control of individual political organizations and movements.

The tasks performed by municipal employees require them to demonstrate neutrality, competence, and impartiality. Employees are obliged to be guided in their activities exclusively by legislation and should not be bound by decisions of parties, political movements and other public associations.

Municipal employees are prohibited from using their official position in the interests of political parties, religious and other public associations, as well as publicly expressing their attitude towards these associations as a municipal employee (clause 12, part 1, article 14 of the law), as well as creating , other municipal bodies of the structure of political parties, religious and other public associations (with the exception of trade unions, as well as veterans and other public amateur bodies) or contribute to the creation of these structures (clause 13, part 1, article 14 of the law).

At the same time, the principle of “political neutrality” of municipal employees is incorrectly interpreted. The law does not limit freedom of conscience, thought and speech. Every municipal employee has the right to hold any views, to be a member political party, but do not use the status of an employee for non-official purposes. Thus, the ban aims to ensure the objectivity and neutrality of the professional municipal service in relation to all citizens, regardless of their political views and beliefs.

The main goals of the municipal service:

• 1. The municipal service must become an effective social service structure, responsible to the state and accountable to the population.
• 2. The municipal service can function successfully at the lower levels of management, without waiting for commands from the “upper floors”, in accordance with the principle of management efficiency.
• 3. The municipal service is able to more effectively develop the natural, economic, and human resources of the municipality through self-organization of local teams and professional management.

The main tasks of the municipal service are:

ensuring, along with the public service, the rights and freedoms of man and citizen on the territory of the municipality;

ensuring independent resolution of local issues by the population;

preparation, adoption, execution and control of decisions within the powers of local governments;

protection of the rights and legitimate interests of the municipality.

Moreover, in terms of tasks, the municipal service is represented by:

• 1) in social aspect: this is the professional implementation of socially useful activities by persons on behalf of the state;
• 2) in the political: as an activity to implement state policy, achieve goals and objectives in society and the state, that is, the stability of social relations depends on its stability and effectiveness;
• 3) in the legal sense: the legal establishment of official relations, during the implementation of which the practical fulfillment of official duties and powers of employees is achieved.

In general, if we talk about functions, then executive and administrative activities are aimed at all spheres of the municipality.

First of all this financial sector, that is, the development of a draft local budget, a report on its implementation, as well as direct provision of the local budget.

Further, the development and organization of socio-economic programs for the development of the territory and ensuring their implementation; development of regulations on issues of local importance; management and disposal of municipal property.

An equally important function is the management of municipal healthcare, the operation of municipal housing stock, public utilities and road facilities and other municipal enterprises, organizations, and institutions.

Finally, the most important function: the exercise of powers of public authorities transferred by federal laws or laws of a constituent entity of the Russian Federation with the simultaneous transfer of the necessary material and financial resources.

So, the functions of the municipal service should be understood as the main directions of the practical implementation of the legal norms of the institution of municipal service, contributing to the achievement of the relevant goals of the legal regulation of service relations and the fulfillment by the municipal service of its social role and state legal purpose.

Each sub-institute of the municipal service performs, along with general functions, specific functions. For example, the sub-institute for certification of municipal employees is characterized by the functions of assessment, control, information, etc. The main function of municipal service law is, first of all, to ensure detailed, precise and definite regulatory regulation of municipal-service relations.

Thus, the municipal service contains ten principles that establish patterns in the system of organization and functioning of the municipal service, express the significance, legality, and social value of relations between employees. Also, the municipal service has its own goals, objectives and functions that contribute to the achievement of the relevant goals of the legal regulation of service relations and the fulfillment of its social role and state legal purpose.

The goals and objectives of the civil service are subject to much controversy. The issue of methods for setting goals in management is complex and practically undeveloped, therefore, we will consider the goals of the civil service to be the form of reflection of socially important problems in regulations.

Due to the fact that in modern Russia There is no specific hierarchy of goals and there are few theoretical explanations; those that exist are often contradictory.

According to Yu. Starilov, the main goal of the public service is to practically perform the functions of the state, solve its problems, preserve the well-being of citizens, and satisfy public interests in accordance with the Constitution of the Russian Federation and regulations.

A.F. Nozdrachev, on the contrary, describes the goals of the civil service as follows:

• management of the work of the state apparatus;
• formation of requirements for government positions;
• determining the level of training of civil servants;
• carrying out analysis and assessment of the effectiveness of the government apparatus;
• provision of security guarantees for civil servants.

In this approach to defining the goals of the civil service, the emphasis is on the administrative needs of officials, while the needs and interests of the people are not taken into account.

Summarizing what has been studied, we can identify several characteristics of the goals of the civil service for their classification:

• by priority level:
  • strategic;
  • tactical;
• according to the results:
  • final;
  • preliminary;
• by timing:
  • long-term;
  • average;
  • short;

• in the field of public life:
  • economic;
  • political;
  • social;
  • spiritual.

Objectives of the civil service

Due to the fact that civil servants take part in the preparation of draft regulatory documents, management plans, introduce initiatives for changes in the composition of government bodies, and provide public services, the following can be identified among the main tasks of the civil service:

• fulfillment of the tasks set by the Constitution of the Russian Federation;
• development of a country development strategy;
• search for personnel capable of implementing the country’s development plan;
• formation of the composition of state power;
• making decisions on important current issues in the life of the country;
• protection of the rights, freedoms and legitimate interests of citizens, ensuring the proper development of the human personality;
• creation of necessary conditions for the performance of functions of government bodies.

V.D. Citizen believes that the civil service in the public administration system performs two tasks simultaneously. The first task solves the issue of supporting political leadership in administrative (hardware) work; and the second - in the study of the difficulties arising in the management and representation of the interests of all segments of the population.

Note 2

Thus, the tasks for each type of public service are enshrined in regulatory legal acts.

Functions of the civil service

The concept of “civil service functions” and their types have also not been studied and are not formulated in regulatory legal acts.

Some researchers include independent and separate types of official activities as functions of the public service. Others talk about practical compliance with legal norms.

But in a general sense, we can say that the functions of the civil service include the main directions of influence of civil servants on public relations to achieve the goals and objectives of the state.

Based on the fact that the bodies of state power and public administration belong to the civil service, their functions coincide. This provision is based on the fact that the powers of public authorities, according to the legislation of the Russian Federation, are ensured by the civil service.

The functions performed by civil servants can be divided into general and special.

The general functions of the civil service include:

• management of affairs in a general sense;
• determination of the correct model of development of the state and society, its implementation;
• analysis of the nature of social development and forecasting changes;
• analysis of decisions made and prediction of the results of these decisions in terms of the pace, indicators and processes of development of society;
• organizing the proper functioning of government bodies in the provision of public services;
• compliance of the actual indicators of development of society and the state with the planned ones;
• taking these indicators into account;
• coordination of the activities of various government bodies to achieve common goals and objectives of the state;
• collection, receipt, processing, analysis of information necessary for the implementation of government activities.

Recently, the public service has been perceived by society as a body that provides state social services, in particular in the areas of education, healthcare, security, etc. In this regard, it is possible to take into account such a function of the public service as the production of public services.

Based on the fact that the civil service forms in society a respectful attitude towards the human person, state and legal authorities, with the dynamic development of society, the civil service must perform an educational function.

Civil servants participate in the development of programs, laws and political decision-making, and balance relations between different social strata of the population in all areas of society. Therefore, one of the functions is regulatory.

The special functions of the civil service include:

• creation of bills, because civil servants are involved in this process;
• application of laws in society;
• protection of the law. To perform this function, control and supervision bodies have been created, and coercive methods are used.

In the regulations on the structural divisions of all government bodies and job descriptions civil servants' functions are clarified and tasks are specified.

Note 3

The use of legal, economic, organizational, administrative, socio-psychological methods makes it possible to perform the functions of the public service.

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