Which of the listed categories of civil service positions is not provided for by the law of the Russian Federation "On the state civil service of the Russian Federation"? The main duties of a civil servant.

Civil servants, along with their rights, are subject to general civil obligations stipulated by the Constitution of the Russian Federation.

At the same time, Art. 15 of Law No. 79-FZ lists the duties common to all civil servants, elevated to the category of legislative prescriptions. The specification of responsibilities for civil service positions is made in administrative regulations state bodies and in the official regulations of civil servants.

The civil servant has two categories of responsibilities - general civil (established by the Constitution of the Russian Federation) and official duties. Official duties of a civil servant, as well as rights, are divided into general, characteristic of all civil servants, regardless of the category and groups of their positions, and special- established depending on the category and groups of positions they hold. In turn, the special are divided into: particular main responsibilities (determined based on typical qualification characteristics) and special non-core responsibilities (determined under the influence of the needs of intra-structural and inter-structural interactions).

General responsibilities fixed by Art. 15 of Law No. 79-FZ. V general view they are presented in table. 6.2.

follow Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation is due to the fact that a civil servant (a representative of the authorities) must first of all ensure compliance with constitutional principles: protection of human and civil rights and freedoms; equality and full rights of citizens; legality, etc.

Duty of a civil servant perform official duties in accordance with job regulations due to the fact that the results of the civil servant's execution of the official regulations are taken into account when holding a competition for filling a vacant civil service position or including a civil servant in the personnel reserve, assessing his professional service activities when conducting certification, qualification examinations or encouraging a civil servant.

Duty of a civil servant carry out the instructions of the relevant leaders, data within their powers established by law Russian Federation, due primarily to the specifics of the organization state power, which is characterized by a strict hierarchy of the system. At the same time, a clear subordination of civil servants is a necessary condition for its effective activity. At the same time, a civil servant is not entitled to carry out an unlawful assignment given to him. In the event that a civil servant fulfills an unlawful order, the civil servant and the head who gave this order shall be subject to disciplinary, civil, administrative or criminal liability in accordance with federal laws.

Duty of a civil servant follow in execution job responsibilities rights and legitimate interests of citizens and organizations is of great importance, since according to the Constitution of the Russian Federation "the person, his rights and legitimate interests are the highest value."

Duty of a civil servant follow the official routine state body is provided for by the Labor Code of the Russian Federation for all categories of employees, it also applies to civil servants.

General duties of a civil servant related to the performance of official activities

Table 6.2

Paragraph part 1 of Art. 15 No. 79-FZ

General duties of a civil servant

Comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (statutes), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation

Perform official duties in accordance with the job regulations

Execute the instructions of the relevant managers, given within the limits of their powers established by the legislation of the Russian Federation

Observe the rights and legitimate interests of citizens and organizations in the performance of official duties

Observe the official regulations of the state body

Maintain the level of qualifications required for the proper performance of job duties

Not to disclose information constituting state and other secrets protected by federal law, as well as information that has become known to him in connection with the performance of official duties, including information concerning privacy and health of citizens or affecting their honor and dignity

Take care state property, including provided to him for the performance of official duties

Submit, in accordance with the established procedure, the information provided for by federal law about himself and his family members, as well as information about the income received by him and the property belonging to him on the right of ownership, which are objects of taxation, about the obligations property nature

Inform about the renunciation of the citizenship of the Russian Federation or the acquisition of citizenship of another state on the day of renunciation of the citizenship of Russia or on the day of acquiring the citizenship of another state

Comply with restrictions, fulfill obligations and requirements for service behavior, not to violate the prohibitions that are established by Law No. 79-FZ, other federal laws

To inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, to take measures to prevent such a conflict

The civil servant is obliged maintain the skill level, necessary for the proper performance of official duties. In addition to the fact that civil servants have the right to training, retraining and advanced training, they must correspond to the position being replaced and have highly qualified as well as constantly maintain your professional level.

Civil servant has no right to disclose information, constituents state secret in accordance with Federal law dated July 21, 1993 No. 5485-1 (as amended on March 8, 2015) "On state secrets" "and other secrets protected by federal law, as well as information that became known to him in connection with the performance of official duties, including information concerning the private life and health of citizens or affecting their honor and dignity. passing which the candidate may be refused admission to the service.

Civil servant is obliged to protect state property, including those provided to him for the performance of official duties.

Duty of a civil servant submit annually representative of the employer information about income, property and property obligations should be considered as one of the elements of the anti-corruption mechanism. In case of failure to provide the specified information, the civil servant may be denied admission and stay on civil service.

Duty of a civil servant report renunciation of citizenship Of the Russian Federation or on the acquisition of citizenship of another state on the day of renouncing the citizenship of the Russian Federation or on the day of acquiring citizenship of another state due to the fact that the main requirement for a civil servant is the availability of citizenship of the Russian Federation.

Obligation to comply civil servants restrictions and prohibitions, fulfillment of obligations is associated with the specifics of their work - the provision of public services and the presence of power. By the Decree of the President of the Russian Federation of August 12, 2002 No. 885 (as amended on July 16, 2009) approved General principles service conduct civil servants, and it is recommended to be guided by these Principles for persons holding public office

Of the Russian Federation, public offices of the constituent entities of the Russian Federation and elective municipal offices.

In addition to the above responsibilities, separate categories civil servants are legally entrusted with obligation to undergo fingerprint registration in the cases and in the procedure established by the Federal Law of July 25, 1998 No. 128-FZ (as amended on November 24, 2014) "On state fingerprint registration in the Russian Federation."

  • SZ RF. 1993. No. 41. Pp. 8220-8235.
  • 2 SZ RF. 1998. No. 31. Art. 3806.

Peculiarities legal regulation passing by government civil servants public service relate to the entire complex of relations arising between a civil servant and the relevant state body as parties to an employment relationship. In particular, the rights and obligations directly related to the performance of public service, the procedure and conditions for certification, retraining and advanced training, remuneration, annual leave, conditions and procedure for incentives for the conscientious performance of public service, guarantees social protection civil servants, as well as their liability for non-performance or improper performance job responsibilities.

Execution of public service for one or another public office means the performance by public civil servants of certain duties, enshrined in the relevant legislative acts, job descriptions and service contracts.

In accordance with Article 15 of the Law on State Civil Service, during the period of civil service, a civil servant is obliged:

1.observe the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (statutes), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation;

2. to perform official duties in accordance with the official regulations;

3. to carry out the instructions of the relevant managers, given within the limits of their powers, established by the legislation of the Russian Federation;

4. comply with the rights and legitimate interests of citizens and organizations in the performance of official duties;

5. comply with the official regulations of the state body;

6. maintain the level of qualifications required for the proper performance of official duties;

7. not to disclose information constituting state and other secrets protected by federal law, as well as information that has become known to him in connection with the performance of official duties, including information concerning the private life and health of citizens or affecting their honor and dignity;

8. to protect state property, including those provided to it for the performance of official duties;

9. to submit, in the prescribed manner, the information provided for by federal law about himself and his family members, as well as information about the income received by him and the property belonging to him on the basis of the right of ownership, which are objects of taxation, about the obligations of a property nature;


10. to report on renunciation of the citizenship of the Russian Federation or acquisition of citizenship of another state on the day of renunciation of the citizenship of the Russian Federation or on the day of acquiring citizenship of another state;

11. comply with restrictions, fulfill obligations and requirements for official behavior, not violate the prohibitions that are established by this federal law and other federal laws;

12. to inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, to take measures to prevent such a conflict.

A civil servant is not entitled to carry out an unlawful assignment given to him. Upon receipt of an order from the relevant head, which, in the opinion of a civil servant, is unlawful, the civil servant must submit in writing a justification for the illegality of this order, indicating the provisions of the legislation of the Russian Federation that may be violated during the execution of this order, and receive confirmation of this order from the head. in writing. If the head confirms this order in writing, the civil servant is obliged to refuse to execute it.

If a civil servant fulfills an unlawful order, the civil servant and the leader who gave this order shall bear disciplinary, civil, administrative or criminal liability in accordance with federal laws.

A civil servant replacing a civil service position in the category of "leaders" of the highest group of civil service positions, in order to avoid a conflict of interest in a state body, cannot represent the interests of civil servants in an elective trade union body of this state body during the period of his replacement of the specified position.

Civil servants are subject to mandatory state fingerprint registration in the case and in the manner prescribed by federal law.

The requirement to comply with the Constitution of the Russian Federation, federal laws and other normative legal acts obliges a civil servant to consciously subordinate his behavior, both in the state civil service and in the field of off-duty relations, by the criteria of the "constitutional" system, the requirements of law and legality, and state interests.

Any state or municipal authority, any position of the state civil service is established exclusively in the public, not private interest, and a civil servant, organically connected with the state, with the implementation of its tasks and functions, thereby undertakes to perform his position in accordance with the principles of the Constitution of the Russian Federation.

Strict adherence in daily law enforcement activities to the requirements of the Constitution of the Russian Federation, federal laws and other regulatory legal acts is characterized not only by the professionalism of a civil servant, but almost the entire totality of his business and personal qualities. Therefore, when certifying and conducting competitive replacement of positions, forming a personnel reserve for nomination, etc., the fulfillment of this requirement is the most important criterion for assessing the effectiveness of a particular civil servant.

The requirement to comply with the constitution and other regulations The Russian Federation and its constituent entities is associated with instructions to perform official duties in accordance with the official regulations, as well as instructions from the relevant leaders given within their competence.

The job regulations include three groups of requirements in each of the categories and groups of positions in the civil service: requirements

1.to level vocational education;

2. to the length of service in the civil service or cold work in the specialty;

3. to the professional knowledge and skills necessary for the performance of official duties.

The results of civil servants' fulfillment of the requirements of the official regulations are taken into account when assessing their professional performance within the framework of certification procedures, qualification examinations, inclusion in the personnel reserve or encouragement of a civil servant, of course, they are also taken into account when holding a competition for filling vacant positions in the civil service.

The performance of official duties provided for by the federal law on the state civil service is understood as the performance during the service time by a civil servant of his official duties in accordance with the official routine of the body or with the service schedule, the terms of the service contract, as well as their performance in other periods that are required by the current legislation attributed to office hours. The law also includes actions to protect state interests from criminal encroachments; stay, following to places of business trip or undergoing treatment, etc.

At the same time, it is not the execution of official duties that civil servants are on vacation, on vacation, being in public service during periods of suspension from a substituted position before a decision is made on early termination of a service contract, settlement of a conflict of interest, etc.

By imposing on a civil servant the duty of fulfilling the instructions of the relevant leaders, he is required to execute not any, but exclusively authorized instructions given within their competence. In addition, the legislator establishes that in the event that the subordinates fulfill the unlawful order of the head, both of them - both the civil servant and the head who gave the order - are liable in accordance with the current legislation.

Going beyond the granted powers means that the civil servant is performing his duties in bad faith. Therefore, depending on the severity of the harm caused to the management order, in one case, unauthorized, contrary to the established rules for exercising one's actual or assumed right, is qualified as administrative and legal arbitrariness, and in the other, if such actions have caused significant harm and their legitimacy is disputed by an organization or a citizen. They form the composition of the criminal law arbitrariness.

Going beyond the limits of his competence and the use by an official of his powers contrary to the interests of the service, if these actions were committed out of selfish or other personal interest and entailed significant violations of rights and legitimate interests citizens, organizations or the legally protected interests of society and the state is classified as abuse of official powers and constitutes a more serious crime against state power and the interests of the state service.

In cases where executive commits an action that clearly goes beyond his powers and entailed a significant violation of the rights and legally protected interests of citizens, organizations, society or the state, but does not reveal a mercenary or other personal interest, such actions form a criminal excess official powers... If there is no sign of significant harm, then the excess of official powers is qualified as disciplinary offense for which can be imposed disciplinary action from comment to dismissal from a substituted position and dismissal from the civil service.

During the period of public service, a civil servant is endowed with a number of rights that are an integral part of his official activity. So the federal law on the state civil service establishes following rights:

1.providing proper organizational and technical conditions necessary for the performance of official duties;

2. familiarization with the official regulations and other documents defining his rights and obligations for the civil service position to be replaced, criteria for assessing the effectiveness of the performance of official duties, indicators of the effectiveness of professional service and the conditions of official growth;

3. rest provided by the establishment of normal length of service time, the provision of days off and non-working days holidays as well as annual paid primary and additional vacations;

4.remuneration and other payments in accordance with this Federal Law, other regulatory legal acts Russian Federation and co service contract;

5. receiving, in the prescribed manner, information and materials necessary for the performance of official duties, as well as for making proposals on improving the activities of the state body;

6. access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is associated with the use of such information;

7.access in accordance with the established procedure in connection with the performance of official duties in government bodies, bodies local government, public associations and other organizations;

8. familiarization with reviews of his professional service and other documents before entering them into his personal file, materials from his personal file, as well as to attach his written explanations and other documents and materials to the personal file;

9. protection of information about a civil servant;

10. job growth on a competitive basis;

11. professional retraining, advanced training and training in the manner prescribed by this Federal Law and other federal laws;

12.membership trade union;

13. consideration of individual service disputes in accordance with this Federal Law and other federal laws;

14. Carrying out an official check at his request;

15. protection of their rights and legitimate interests in the civil service, including the appeal in court of their violation;

16. medical insurance in accordance with this Federal Law on Medical Insurance of Civil Servants of the Russian Federation;

17. state protection of his life and health, life and health of his family members, as well as property belonging to him;

18. state pension provision in accordance with the Federal Law.

In addition, a civil servant has the right to perform other paid work with prior notification of the employer's representative, if this does not entail a conflict of interest.

Article 15 of the Federal Law "On the State Civil Service of the Russian Federation" establishes a list of the main duties of civil servants included in the system of special relations of service to society and the state, in contrast to persons who are in ordinary labor relations. A civil servant is obliged:

  • 1) comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation;
  • 2) perform official duties in accordance with the official regulations;
  • 3) execute the instructions of the relevant managers, given within the limits of their powers established by the legislation of the Russian Federation;
  • 4) observe the rights and legitimate interests of citizens and organizations in the performance of official duties;
  • 5) comply with the official regulations of the state body;
  • 6) maintain the level of qualifications necessary for the proper performance of official duties;
  • 7) not to disclose information constituting state and other secrets protected by federal law, as well as information that has become known to him in connection with the performance of official duties, including information concerning the private life and health of citizens or affecting their honor and dignity;
  • 8) protect state property, including those provided to him for the performance of official duties;
  • 9) submit, in the prescribed manner, the information provided by federal law about himself and his family members, as well as information about the income received by him and the property belonging to him on the right of ownership, which are objects of taxation, about property obligations (hereinafter - information about income, property and property obligations);
  • 10) inform about renouncing the citizenship of the Russian Federation or acquiring citizenship of another state on the day of renouncing the citizenship of the Russian Federation or on the day of acquiring citizenship of another state;
  • 11) comply with restrictions, fulfill obligations and requirements for official behavior, not violate the prohibitions that are established by this Federal Law and other federal laws;

Decree of the President of the Russian Federation of August 12, 2002 No. 885 approved the General Principles of Official Conduct of Civil Servants, which are the foundations of the conduct of civil servants, which they should be guided by in the performance of official (official) duties. Legal status civil servant / ed. consultants-methodologists of CJSC "BKR-Intercom-Audit" - www.audit-it.ru - "Accounting, taxation and audit", published on June 26, 2007

Thus, a civil servant is called upon to:

  • - perform official (official) duties in good faith, at a high professional level in order to ensure the effective work of the state body;
  • - exclude actions related to the influence of any personal, property (financial) and other interests that impede the conscientious performance of official (official) duties;
  • - comply with the norms of official, professional ethics and rules of business conduct;
  • - show correctness and attentiveness in dealing with citizens and representatives of organizations;
  • - not to use your official position to influence the activities of state bodies, organizations, officials, civil servants and citizens when deciding issues that personally concern him, and so on.

Certain requirements are imposed on the official conduct of a civil servant. So, according to Article 18 of Federal Law No. 79-FZ, a civil servant is obliged:

  • 1. perform official duties in good faith, at a high professional level;
  • 2. proceed from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the meaning and content of his professional work;
  • 3. to carry out professional service activities within the competence of a state body established by the legislation of the Russian Federation;
  • 4. not to give preference to any public or religious associations, professional or social groups, organizations and citizens;
  • 5. not to take actions related to the influence of any personal, property (financial) and other interests that impede the conscientious performance of official duties;
  • 6. comply with the restrictions established by this Federal Law and other federal laws for civil servants;
  • 7. to observe neutrality, excluding the possibility of influence on their professional service activities of decisions of political parties, other public associations, religious associations and other organizations;
  • 8. not to commit acts that discredit his honor and dignity;
  • 9. to be correct in dealing with citizens;
  • 10. to show respect for the moral customs and traditions of the peoples of the Russian Federation;
  • 11. take into account the cultural and other characteristics of various ethnic and social groups, as well as confessions;
  • 12. to promote interethnic and interfaith harmony;
  • 13. not to allow conflict situations that could damage his reputation or the authority of a state body;
  • 14. comply with the established rules of public speaking and provision of official information ”.
  • 12) inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, take measures to prevent such a conflict.

Let us dwell in more detail on the duties to fulfill official duties in accordance with the official regulations and instructions of the relevant managers, given within the limits of their powers established by the legislation of the Russian Federation.

The performance of official duties is understood as the performance during the service time by a civil servant of his official duties in accordance with the official routine of the body or with the service schedule, the terms of the service contract, as well as their performance in other periods, which are primarily Labor Code Of the Russian Federation and other regulatory enactments - classified as office time.

In particular, how the performance of official duties qualifies the actual official activity during working hours (and if it is caused by official necessity, then outside it) in the performance of the position being replaced, including the execution of orders and orders given by the heads of a civil servant within the limits of their powers. The law also includes actions to protect state interests from criminal encroachments to the performance of official duties; stay, following to places of business trip or undergoing treatment, as well as returning from the named places, etc.

At the same time, it is not the execution of official duties that civil servants are on vacation, on vacation, being in public service during periods of suspension from a substituted position until a decision is made on early termination of a service contract, the settlement of a conflict of interest or until the circumstances that served as the basis for refusing to comply with official duties, regardless of whether or not the salary of a civil servant is retained for this period. Also not recognized are those civil servants who were on duty, whose actions during the investigation by the competent authorities are qualified as unlawful and caused by a causal connection with intoxication (alcoholic, narcotic, toxic), or as an intentional criminal or administrative offense in the absence of circumstances of necessary defense or urgent need excluding liability.

Modern legislation on public service, imposing on a civil servant the obligation to fulfill the instructions of the relevant leaders, proceeds from the requirement to fulfill not any, but exclusively authorized instructions given within the competence of the relevant leader.

A civil servant is not entitled to carry out an unlawful assignment given to him. By imposing on a civil servant the duty to fulfill the instructions of the relevant leaders, the legislator requires him to fulfill not any, but exclusively authorized instructions given within their competence.

The Federal Law "On the State Civil Service of the Russian Federation" in paragraph 2 of Article 15 established the requirement for the legality of official behavior in situations of receipt of unlawful orders by civil servants and provided for various types of liability.

Going beyond the granted powers means that a civil servant performs his duties in bad faith, contrary to those socially significant goals for the sake of which these legal duties were entrusted to him. Therefore, depending on the severity of the harm caused to the management procedure, in one case, an unauthorized action, contrary to the established rules for exercising one's actual or alleged right, is qualified as administrative and legal arbitrariness (Article 19 of the Code of the Russian Federation on administrative offenses), and in the other, if such actions have caused significant harm and their legitimacy is disputed by an organization or a citizen. They form the composition of criminal law arbitrariness (Article 330 of the Criminal Code of the Russian Federation). Service Law (State Civil Service): Tutorial/ Common. ed. Bartsits I.N. - M .: ICC "Mart", 2007. - P. 166

Upon receipt of an order from the relevant head, which, in the opinion of a civil servant, is unlawful, the civil servant must submit in writing a justification for the illegality of this order, indicating the provisions of the legislation of the Russian Federation that may be violated during the execution of this order, and receive confirmation of this order from the head. in writing. If the head confirms this order in writing, the civil servant is obliged to refuse to execute it.

If a civil servant fulfills an unlawful order, the civil servant and the leader who gave this order shall bear disciplinary, civil, administrative or criminal liability in accordance with federal laws.

A civil servant filling a civil service position in the category of "leaders" of the highest group of civil service positions, as we have already noted above, in order to avoid a conflict of interest in a state body, cannot represent the interests of civil servants in an elected trade union body of a given state body during the period of his holding this position ...

Civil servants are subject to mandatory state fingerprint registration in the cases and in the manner prescribed by federal law.

An important feature legal status a civil servant is that he is subject to extensive legal restrictions, normatively enshrined in relation to civil servants in Article 16 of the Federal Law "On the State Civil Service of the Russian Federation", but this issue is already a topic for another work.

Assistants (advisers)

Specialists

Providing specialists

· all listed categories are provided

342. Positions of the state civil service are established in order to:

· Ensuring the execution of the powers of a state body or a person holding a public office

Ensuring the execution of the powers of a state body, a person holding a public position, the head of an autonomous or budgetary institution

Ensuring the execution of the powers of a state body

Ensuring the fulfillment of the powers of a person holding a public office

343. Positions of the federal civil service are established (choose the most complete and correct answer):

Federal law or resolution of the Government of the Russian Federation

By the decree of the President of the Russian Federation or the decree of the Government of the Russian Federation

· Federal law or decree of the President of the Russian Federation

Federal constitutional law or federal law

What is the highest rank from among the listed ones that can be assigned to a civil servant in the Russian Federation?

Valid referent

A valid advisor

Actual state councilor

· active state councilor

345. The positions of the civil service are divided into categories:

Leaders, subordinates

· managers, assistants (advisers), specialists, providing specialists

Managers, specialists

Managers, specialists, providing specialists

346. It is not the responsibility of a federal state civil servant of the category "leaders":

· Taking measures to prevent conflicts of interest

Maintaining the level of qualifications necessary for the proper performance of job duties

A message to the representative of the employer about a personal interest in the performance of official duties, which may lead to a conflict of interest

· Joining a trade union

Positions established for organizational, documentary support of the activities of state bodies

Positions established to assist persons holding public office in the exercise of their powers

Positions of heads and deputy heads of state bodies and their structural units(hereinafter also referred to as division), positions of managers and deputy managers territorial bodies federal bodies executive power and their structural divisions, positions of heads and deputy heads of representative offices of state bodies and their structural divisions, replaced for a certain term of office or without limitation of the term of office

· positions established for the professional provision of the fulfillment of the established tasks and functions by state bodies

348. The main duties of a federal public civil servant in the category of “specialists” do NOT include:

Non-disclosure of information that became known to him in connection with the performance of official duties

Execution of official duties in accordance with the job regulations

Notification of renunciation of the citizenship of the Russian Federation or the acquisition of citizenship of another state on the day of renunciation of the citizenship of the Russian Federation or on the day of acquiring citizenship of another state

Compliance with the official regulations of the state body

· Positional growth on a competitive basis

349. A civil servant is obliged to perform official duties in accordance with:

Job description

· job regulations

The regulation on the personal data of a civil servant

The requirements of the head

350. Is the official regulation a mandatory document in the state civil service:

Obligatory only for positions of the highest and main group of positions

Compulsory, if provided for in the regulation on the division

351. If a civil servant of the category “specialists” or “supporting specialists” receives an unlawful assignment from his immediate supervisor, he must:

Execute the specified order, and then immediately inform about it in writing or verbally representative of the employer

Submit in writing the justification for the illegality of the order, indicating the provisions of the legislation of the Russian Federation that may be violated during its execution, and then execute the specified order

Immediately execute the order

· Submit in writing the justification for the illegality of the order, indicating the provisions of the legislation of the Russian Federation that may be violated during its execution and receive confirmation from the head of this order in writing. If the manager confirms this order without legal justification, he is obliged to refuse to execute it.

352. The following is NOT recognized as a gross violation by a civil servant of his official duties:

Absence from the office without good reason for more than four hours in a row during the working day

Appearance at the service in a state of alcoholic, drug or other toxic intoxication

Disclosure of information constituting state and other secrets protected by federal law

· Failure by civil servants to comply with good reason job responsibilities

Violation by a civil servant of the requirements for the protection of professional service activities (labor protection), if this violation entailed grave consequences (an accident at work, an accident, a catastrophe) or deliberately created a real threat of such consequences

353. The job regulations of civil servants are approved:

· Federal law "On the state civil service of the Russian Federation"

· representative of the employer

The relevant body for the management of the state civil service

A legal act of a constituent entity of the Russian Federation

354. The indicators of efficiency and effectiveness of the professional service activity of a civil servant may depend on:

· salary

The amount of leave

Number of job responsibilities

· all of the above

355. Restrictions and prohibitions in the civil service are established:

· Decree of the Government of the Russian Federation

· Federal law "On the system of public service of the Russian Federation"

· Federal Law "On the State Civil Service of the Russian Federation" and other federal laws

Features of legal regulation of the passage of civil servants of public service relate to the entire complex of relations arising between a civil servant and the relevant state body as parties to the employment relationship. In particular, the rights and obligations directly related to the performance of public service, the procedure and conditions for certification, retraining and advanced training, remuneration, annual leaves, conditions and procedure for incentives for the conscientious performance of public service, guarantees of social protection of public civil servants, as well as their responsibility for non-performance or improper performance of official duties.

The execution of civil service in a particular public office means the performance of certain duties by public civil servants, enshrined in the relevant legislative acts, job descriptions and service contracts.

In accordance with Article 15 of the Law on State Civil Service, during the period of civil service, a civil servant is obliged:

1.observe the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (statutes), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation;

2. to perform official duties in accordance with the official regulations;

3. to carry out the instructions of the relevant managers, given within the limits of their powers, established by the legislation of the Russian Federation;

4. comply with the rights and legitimate interests of citizens and organizations in the performance of official duties;

5. comply with the official regulations of the state body;

6. maintain the level of qualifications required for the proper performance of official duties;

7. not to disclose information constituting state and other secrets protected by federal law, as well as information that has become known to him in connection with the performance of official duties, including information concerning the private life and health of citizens or affecting their honor and dignity;

8. to protect state property, including those provided to it for the performance of official duties;

9. to submit, in the prescribed manner, the information provided for by federal law about himself and his family members, as well as information about the income received by him and the property belonging to him on the basis of the right of ownership, which are objects of taxation, about the obligations of a property nature;



10. to report on renunciation of the citizenship of the Russian Federation or acquisition of citizenship of another state on the day of renunciation of the citizenship of the Russian Federation or on the day of acquiring citizenship of another state;

11. comply with restrictions, fulfill obligations and requirements for official behavior, not violate the prohibitions that are established by this federal law and other federal laws;

12. to inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, to take measures to prevent such a conflict.

A civil servant is not entitled to carry out an unlawful assignment given to him. Upon receipt of an order from the relevant head, which, in the opinion of a civil servant, is unlawful, the civil servant must submit in writing a justification for the illegality of this order, indicating the provisions of the legislation of the Russian Federation that may be violated during the execution of this order, and receive confirmation of this order from the head. in writing. If the head confirms this order in writing, the civil servant is obliged to refuse to execute it.

If a civil servant fulfills an unlawful order, the civil servant and the leader who gave this order shall bear disciplinary, civil, administrative or criminal liability in accordance with federal laws.

A civil servant filling a civil service position in the category of "leaders" of the highest group of civil service positions, in order to avoid a conflict of interest in a state body, cannot represent the interests of civil servants in an elected trade union body of a given state body during the period of his holding this position.

Civil servants are subject to mandatory state fingerprint registration in the case and in the manner prescribed by federal law.

The requirement to comply with the Constitution of the Russian Federation, federal laws and other normative legal acts obliges a civil servant to consciously subordinate his behavior, both in the state civil service and in the field of off-duty relations, by the criteria of the "constitutional" system, the requirements of law and legality, and state interests.

Any state or municipal body, any position of the state civil service is established exclusively in the public, not private interest, and a civil servant, organically connected with the state, with the implementation of his tasks and functions, thereby undertakes to perform his position in accordance with the principles of the Constitution of the Russian Federation ...

Strict adherence in daily law enforcement activities to the requirements of the Constitution of the Russian Federation, federal laws and other regulatory legal acts is characterized not only by the professionalism of a civil servant, but almost the entire totality of his business and personal qualities. Therefore, when certifying and conducting competitive replacement of positions, forming a personnel reserve for nomination, etc., the fulfillment of this requirement is the most important criterion for assessing the effectiveness of a particular civil servant.

The requirement to comply with the constitution and other normative acts of the Russian Federation and its constituent entities is associated with instructions to perform official duties in accordance with the official regulations, as well as instructions from the relevant leaders given within their competence.

The job regulations include three groups of requirements in each of the categories and groups of positions in the civil service: requirements

1. to the level of professional education;

2. to the length of service in the civil service or cold work in the specialty;

3. to the professional knowledge and skills necessary for the performance of official duties.

The results of civil servants' fulfillment of the requirements of the official regulations are taken into account when assessing their professional performance within the framework of certification procedures, qualification examinations, inclusion in the personnel reserve or encouragement of a civil servant, of course, they are also taken into account when holding a competition for filling vacant positions in the civil service.

The performance of official duties provided for by the federal law on the state civil service is understood as the performance during the service time by a civil servant of his official duties in accordance with the official routine of the body or with the service schedule, the terms of the service contract, as well as their performance in other periods that are required by the current legislation attributed to office hours. The law also includes actions to protect state interests from criminal encroachments to the performance of official duties; stay, following to places of business trip or undergoing treatment, etc.

At the same time, it is not the execution of official duties that civil servants are on vacation, on vacation, being in public service during periods of suspension from a substituted position before a decision is made on early termination of a service contract, settlement of a conflict of interest, etc.

By imposing on a civil servant the duty of fulfilling the instructions of the relevant leaders, he is required to execute not any, but exclusively authorized instructions given within their competence. In addition, the legislator establishes that in the event that the subordinates fulfill the unlawful order of the head, both of them - both the civil servant and the head who gave the order - are liable in accordance with the current legislation.

Going beyond the granted powers means that the civil servant is performing his duties in bad faith. Therefore, depending on the severity of the harm caused to the management order, in one case, unauthorized, contrary to the established rules for exercising one's actual or assumed right, is qualified as administrative and legal arbitrariness, and in the other, if such actions have caused significant harm and their legitimacy is disputed by an organization or a citizen. They form the composition of the criminal law arbitrariness.

Going beyond the limits of his competence and the use by an official of his powers against the interests of the service, if these actions are committed out of selfish or other personal interest and have entailed significant violations of the rights and legitimate interests of citizens, organizations or the interests of society and the state protected by law is qualified as abuse of office and form corpus delicti of a more serious crime against state power and the interests of the state service.

In cases where an official commits an act that clearly goes beyond his powers and entailed a significant violation of the rights and legally protected interests of citizens, organizations, society or the state, but does not reveal a mercenary or other personal interest, such actions constitute a criminal excess official powers. If there is no sign of significant harm, then exceeding official powers is qualified as a disciplinary offense, for which disciplinary sanctions may be imposed from comment to dismissal from the substituted position and dismissal from the civil service.

During the period of public service, a civil servant is endowed with a number of rights that are an integral part of his official activity. So the federal law on the state civil service establishes the following rights:

1.providing proper organizational and technical conditions necessary for the performance of official duties;

2. familiarization with the official regulations and other documents defining his rights and obligations for the civil service position to be replaced, criteria for assessing the effectiveness of the performance of official duties, indicators of the effectiveness of professional service and the conditions of official growth;

3. rest, provided by the establishment of the normal duration of service time, the provision of days off and non-working holidays, as well as annual paid main and additional leaves;

4. wages and other payments in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and with a service contract;

5. receiving, in the prescribed manner, information and materials necessary for the performance of official duties, as well as for making proposals on improving the activities of the state body;

6. access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is associated with the use of such information;

7. access in accordance with the established procedure in connection with the performance of official duties to state bodies, local self-government bodies, public associations and other organizations;

8. familiarization with reviews of his professional service and other documents before entering them into his personal file, materials from his personal file, as well as to attach his written explanations and other documents and materials to the personal file;

9. protection of information about a civil servant;

10. job growth on a competitive basis;

11. professional retraining, advanced training and training in the manner prescribed by this Federal Law and other federal laws;

12. membership in a trade union;

13. consideration of individual service disputes in accordance with this Federal Law and other federal laws;

14. Carrying out an official check at his request;

15. protection of their rights and legitimate interests in the civil service, including the appeal in court of their violation;

16. medical insurance in accordance with this Federal Law on Medical Insurance of Civil Servants of the Russian Federation;

17. state protection of his life and health, life and health of his family members, as well as property belonging to him;

18. state pension provision in accordance with the Federal Law.

In addition, a civil servant has the right to perform other paid work with prior notification of the employer's representative, if this does not entail a conflict of interest.