Who exercises state supervision over the observance of the legislation of the Russian Federation on the civil service? Rights and obligations of state civil servants of the Russian Federation Official duties of a civil servant are determined
· Administration of the President Russian Federation
Chairman of the Government of the Russian Federation
· Prosecutor General of the Russian Federation
· Chamber of Accounts Russian Federation
357. The solution to the issue of refusal to admit to the civil service refers to:
· To labor disputes
To administrative and legal disputes
· to individual service disputes
To collective office disputes
358. The employer of a federal civil servant is:
Federal state body
· Russian Federation
· employer
Government of the Russian Federation
359. The head of a state body, a person holding a civil service position, or a representative of the said head or persons exercising the powers of the employer on behalf of the Russian Federation or a constituent entity of the Russian Federation are:
· employer's representative
Authorized employer
Authorized employer
Employer representative
360. Under the representative of the employer the federal law"On the state civil service Russian Federation "understands (choose the most complete and correct answer):
Head of the state body exercising the powers of the employer on behalf of the Russian Federation or a constituent entity of the Russian Federation
The head of a state body or a person holding a public office exercising the powers of an employer on behalf of the Russian Federation or a constituent entity of the Russian Federation
· The head of a state body, a person holding a public office, or a representative of the said head or a person exercising the powers of an employer on behalf of the Russian Federation or a constituent entity of the Russian Federation
The head of a state body, a person holding a public office, or a representative of the said head or person, as well as another person exercising the powers of the employer on behalf of the Russian Federation or a constituent entity of the Russian Federation
361. The performance of other paid work by a civil servant is allowed subject to the following conditions (choose the most complete and correct answer):
·
362. The basic rights of a public civil servant do NOT include:
Familiarization with reviews of his professional career and other documents before entering them into his personal file
Trade union membership
Access in the prescribed manner to the information constituting state secret
· Receiving state aid when insuring personal property
363. Restrictions related to the civil service include:
Purchase, in cases established by federal law, of securities for which income can be obtained
· acquisition of citizenship of another state or renunciation of the citizenship of the Russian Federation
Election to a paid elective position in the body trade union, including in the elected body of the primary trade union organization created in the body executive power the edges
364. In order to comply with the requirements for service behavior a civil servant is obliged:
· do not commit acts that discredit his honor and dignity
Refrain from discussing business matters in the presence of a superior manager
Exclude participation in mass events held by public organizations
Observe personal rights and interests in the performance of official duties
365. A civil servant has the right:
To carry out entrepreneurial activity
Use the advantages of office for election campaigning
· perform other paid work with prior notification of the employer's representative, unless this entails a conflict of interest
366. Civil servant for family circumstances and for other valid reasons, upon his written application, by the decision of the representative of the employer, leave may be granted without preservation of pay for the duration:
· two weeks
· not more than one year
No more than three days
Not more than six months
367. Basic and additional state guarantees in the state civil service apply to civil servants:
· all of the above
368. Among the main state guarantees civil servants are NOT classified:
Conditions for passing the civil service, ensuring the performance of official duties in accordance with the official regulations
· Medical insurance of a civil servant and his family members
Mandatory state social insurance in case of illness or disability during the period of civil service
· Reimbursement of expenses related to the relocation of a civil servant and his family members to another locality upon dismissal of a civil servant from the civil service
369. Additional state guarantees for federal state civil servants DO NOT include:
Compensation for the use of personal transport for business purposes and reimbursement of expenses associated with its use in cases and in the manner established by regulatory legal acts Russian Federation
Substitution of another position of the civil service upon abolition of a state body
· Annual paid main leave
One-time subsidy for the purchase of residential space once for the entire period of civil service in the manner and on the conditions established by the decree of the Government of the Russian Federation and the regulatory legal act of the constituent entity of the Russian Federation
Membership in a trade union
· using the advantages of office for election campaigning
Familiarization with the materials of the personal file
Taking measures to prevent conflicts of interest
371. The Federal Law "On the State Civil Service of the Russian Federation" does NOT include the following requirements for the official conduct of a civil servant:
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 performance
Carry out professional service activities within the competence of a state body established by the legislation of the Russian Federation
Observe neutrality, excluding the possibility of influence on their professional performance of decisions political parties, other public associations, religious associations and other organizations
· Appeal in court the violation of their rights and legitimate interests
372. Upon dismissal from the state civil service in connection with the reorganization of a state body or a change in its structure, liquidation of a state body or reduction of civil service posts, a civil servant is paid compensation:
In the amount of three months average earnings excluding severance pay
In the amount of three months average earnings, taking into account severance pay
· in the amount of four months' salary, while severance pay is not paid
In the amount of four months' salary, taking into account severance pay
373. A civil servant is guaranteed:
Annual increase in content
· compulsory state social insurance in case of illness or disability during the period of his passing the state civil service
Official inviolability
Compensation for the paid land tax and property tax of individuals
374. The main duties of a civil servant do not include:
Performance of official duties in accordance with the official regulations
Non-disclosure of information constituting a state secret, and information that became known to him, concerning privacy and health of citizens or affecting their honor and dignity
Follow the official regulations of the state body
· political party membership
375. What is not the duty of a civil servant:
Observance of neutrality, excluding the possibility of influencing one's professional performance, decisions of political parties, other public associations, religious associations and other organizations
Promoting interethnic and interfaith harmony
· giving preference to any public or religious associations, professional or social groups, organizations and citizens
Compliance with the established rules of public speaking and the provision of service information
376. A civil servant has the right:
Be an attorney or a representative for third parties in a state body in which he replaces the position of the civil service, unless otherwise provided by this Federal Law and other federal laws
· appeal to the court against violations of their rights and interests in the civil service
Create structures of political parties in state bodies
Publicly express judgments and assessments regarding the activities of a state body in which a civil servant replaces a civil service position, if this is not part of his job responsibilities
377. A civil servant has the right:
· perform other paid work with prior notice to the employer's representative, unless this entails a conflict of interest
Perform any other paid work
Perform any other paid work with prior notice to the employer's representative
Perform any other paid work without prior notice to the employer, unless this entails a conflict of interest
378. The performance of other paid work by a civil servant is allowed subject to the following conditions:
If the civil servant has previously notified the representative of the employer
If the civil servant has previously notified the representative of the employer and the specified work is a scientific activity
· If the civil servant has previously notified the representative of the employer and, at the same time, the performance of the work does not entail a conflict of interest
If the civil servant has previously notified the representative of the employer and the specified work will be performed by the civil servant on weekends and / or non-working holidays
379. A civil servant is obliged:
· report the renunciation of the citizenship of the Russian Federation on the day of renunciation of the citizenship of the Russian Federation
To report the withdrawal from the citizenship of the Russian Federation within two weeks from the date of withdrawal from the citizenship of the Russian Federation
Report the withdrawal from the citizenship of the Russian Federation within 10 working days from the date of withdrawal from the citizenship of the Russian Federation
To inform about the withdrawal from the citizenship of the Russian Federation within 3 days from the date of withdrawal from the citizenship of the Russian Federation
380. A civil servant is obliged:
To travel in connection with the performance of official duties outside the territory of the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation, by agreement of the state bodies of the Russian Federation, state bodies of the constituent entities of the Russian Federation or municipal bodies with state or municipal authorities foreign states, international or foreign organizations
To carry out the commission given to him by the head, even if it is illegal
· inform the representative of the employer about personal interest in the performance of official duties
· To receive, in connection with the performance of official duties, remuneration from individuals and legal entities (gifts, monetary remuneration, loans, services, payment for entertainment, recreation, transportation costs and other remuneration).
381. A civil servant has the right:
· for job growth on a competitive basis
Perform official duties in accordance with the official regulations
Protect state property, including provided to him for the performance of official duties
To acquire in cases established by federal law, securities on which income can be obtained
382. A civil servant is obliged:
To terminate the performance of official duties in order to resolve an official dispute
· comply with the official regulations of a state body
Get access in the prescribed manner to information constituting a state secret
Execute an unlawful order given to him upon receipt of a written confirmation of this order from the head
383. In connection with the passage of the state civil service, a civil servant is prohibited from:
Have access in the prescribed manner in connection with the performance of official duties in government bodies, bodies local government, public associations and other organizations;
· participate in the management of a business entity (with the exception of housing, housing and construction, garage cooperatives, horticultural, vegetable gardening, dacha consumer cooperatives, real estate owners' associations and trade union)
Submit, in the established manner, the information provided by federal law about yourself and your family members
384. In connection with the passage of the state civil service, a civil servant is prohibited from:
Perform any paid work
· study entrepreneurial activity in person or through proxies
Participate on a paid basis in the activities of the governing body commercial organization
Register the ownership of real estate or other property
385. If a civil servant acquires the citizenship of another state, the employer's representative is obliged:
Terminate a service contract, release a civil servant from his post and dismiss him from civil service from the date of acquiring citizenship of another state
Terminate the service contract, release the civil servant from his post and dismiss him from the civil service, notifying the trade union body of the relevant state body no later than 2 months in advance
· Terminate a service contract, release a civil servant from his post and dismiss him from civil service from the date of acquiring citizenship of another state, unless otherwise provided by an international treaty of the Russian Federation
Terminate the service contract, release the civil servant from his position and dismiss him from the civil service, notifying him in advance of this no later than 1 month before dismissal
386. A civil servant cannot be dismissed from a substituted position in the state civil service and dismissed from the state civil service at the initiative of the employer's representative during the period:
Professional retraining of a civil servant
Training of a civil servant in educational organization higher education
· civil servant's annual leave
"Civil servants are subject to a special legal regime... At the same time, they cannot be exempted from general civil obligations stipulated by the Constitution of the Russian Federation. Like all citizens, they are obliged to pay legally established taxes and fees, to preserve nature and environment, to defend the Fatherland, to carry out military service, and in cases established by law - alternative civilian service, etc. (Articles 57, 58, 59 and other articles of the Constitution of the Russian Federation) "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant".
On separate categories civil servants The Constitution of the Russian Federation imposes increased duties dictated by the interests of the normal functioning of the civil service. Thus, officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law (Article 24); obtaining reliable and timely information about the factors that pose a threat to life and health (Article 41), etc.
The Law "On State Civil Service" lists 12 common duties for all civil servants, raising these requirements to the category of legislative prescriptions. "1. 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 "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation / / SPS "Garant". It is due to the fact that a civil servant is organically connected with the state and must perform his office in the spirit constitutional principles: observance and protection of human and civil rights and freedoms; equality and full rights of citizens; legality; humanism (recognition of a person as the highest value); ideological diversity, multi-party system, etc. This duty is all-encompassing, it concerns the behavior of an employee both in the public service and outside it.
The law identifies the duty of a civil servant to ensure compliance with the Constitution of the Russian Federation, because it contains the basic principles of all other legislative acts. This property gives it the highest legal force, which is enshrined in the Constitution of the Russian Federation itself (Article 15). In the event of a conflict between the requirements of the Constitution of the Russian Federation and other regulatory legal acts, the civil servant must be guided by the constitutional norm.
"The duty to enforce the laws implies the strict observance of every civil servant state interests... A civil servant does not have the right to commit acts that undermine the authority of the state, to take part in actions that disrupt the work of state bodies "Cherepanov V.V. refrain from actions, speeches and public statements that could harm the civil service or harm a public authority.
A civil servant does not have the right to appeal to the press (information for it can only be provided by authorized civil servants); has no right to use his authority and knowledge of documents in order to criticize the Constitution of the Russian Federation and laws. With comments about deficiencies in legislation, omissions or abuses of the relevant state body in the implementation of laws, its employees may be recommended to contact their higher management or body, including the Government of the Russian Federation.
The duty to enforce laws means a requirement not to take actions that impede the work of the organs. state power, is specified depending on the position held. A civil servant does not have the right to publicly criticize his leader, the state body in which he serves, on issues of public policy and the implementation of laws. Thus, statements about the wrong policy of the government in the field of lawmaking and the implementation of laws are incompatible with the post of minister. If a civil servant does not agree with the current policy, he must resign.
2) Perform official duties in accordance with the official regulations. This means that a civil servant must actively and properly carry out his official duties "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". This means that the main guiding documents for an official are his job regulations, which establish his powers, and the administrative regulations of the state body.
The performance of official duties means the work of an employee during the working day in accordance with the rules of the official routine for the implementation of his job functions, fulfillment of orders and orders of managers. Employees are not recognized as performing official duties:
being on vacation or on vacation;
in respect of whom an official and other investigation is being carried out, and they are temporarily removed from office by order of the head;
being in a state of alcoholic, drug or toxic intoxication.
Failure to fulfill official duties or improper fulfillment thereof, as well as exceeding official powers are qualified as a disciplinary offense with corresponding consequences. There are rules of subordination between positions enshrined in legal norms, the observance of which is also covered by the duty of a civil servant to exercise powers within the limits of the rights granted to him and in accordance with official duties. The performance of official duties is inextricably linked with another requirement - to comply with the official routine established in a state body.
"Job responsibilities are entrusted to civil servants solely to perform the tasks and functions of state bodies for socially useful purposes "Comments to the Federal Law" On the State Civil Service of the Russian Federation "and the legislation on the civil service of foreign states / A.F. Nozdrachev, A.F. Nurtdinova, L. A. Chikanova and others - M. - p. 104. Therefore, if they perform their duties in bad faith (for other purposes) or go beyond the granted rights, then their actions may be qualified, depending on the severity of the offense, as a disciplinary offense, an administrative offense or crime. Thus, unauthorized, in violation of the procedure established by law, the exercise by an official of his actual or supposed duties, which did not cause significant harm, constitutes an administrative offense (Article 19.1 of the Administrative Offenses Code of the Russian Federation) Code of the Russian Federation on administrative offenses... - 9th ed. - M .: "Os-89", 2005. - 288s or crimes (Article 330 of the Criminal Code of the Russian Federation) Criminal Code of the Russian Federation // SPS "Garant", if such actions have caused significant harm. The use of official duties (and rights) contrary to the interests of the service, if this act is committed out of selfish or other personal interest and entailed a significant violation of the rights and legitimate interests of citizens or organizations or the interests of society or the state protected by law, is qualified as a crime (Article 285 of the Criminal Code) The Criminal Code of the Russian Federation // SPS "Garant".
Exceeding official authority qualifies as a disciplinary offense. If it has caused significant harm to the state or public interests or the rights and interests of citizens protected by law, then it forms corpus delicti (Article 286 of the Criminal Code) of the Criminal Code of the Russian Federation // SPS "Garant".
Exceeding official authority means willful commission civil servants of actions that clearly go beyond the duties (rights) granted to him ex officio by the law (official regulations). The concept of "abuse of office" can encompass actions that:
are within the competence of a higher-ranking official of this body;
can only be done collectively;
could have been committed by this official, but if he has special powers or under special conditions;
it is unauthorized to commit by any official and no official authority.
As well as general composition abuse of power or official powers of the Criminal Code establishes some of its special types, for example, criminal liability officials making inquiries or preliminary investigation, for committing actions consisting in coercion to testify (Article 302) of the Criminal Code of the Russian Federation // SPS "Garant", etc.
3) The obligation to fulfill the instructions of the relevant managers, given within the limits of their authority "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". The civil service, based on the principles of one-man management, is strictly ranked, therefore, employees in the order of subordination are obliged to execute all orders, orders, instructions of their leadership. This is the meaning of the service.
"The civil servant executes all orders under the personal responsibility for the legality of his actions" Cherepanov V.V. Fundamentals of civil service and personnel policy. - M., 2007 .-- p. 278.. Thus, when receiving an order, a civil servant is obliged to assess it from the point of view of compliance with the law and state interests. At the same time, the search for a publicly useful goal should also be considered a condition for the legality of the actions of a civil servant.
A civil servant is obliged, if there is even the slightest doubt about the legality of the order (instruction) received, immediately inform about it in writing both to his immediate supervisor and to the supervisor who issued the order. The condition for the legality of its execution in this case is one: written confirmation by a superior in position.
But in this case, the civil servant has the right not to execute the order if it entails an act that is criminally punishable.
4) The obligation to comply with the rights and legitimate interests of citizens and organizations in the performance of official duties "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // ATP "Guarantor". ... The fulfillment of this duty by civil servants means: timely publication of legal acts related to the exercise by citizens of their rights; organization of the implementation of laws related to human rights and freedoms; assisting citizens in the implementation of their subjective rights; implementation of measures to protect the rights and freedoms of citizens.
In the Constitution of the Russian Federation (Articles 2, 18), the rights and freedoms of a person and a citizen are established as not only the foundations constitutional order but also directly valid rights... This requirement determines the meaning, content and application of laws in professional activity on the implementation of the powers of state bodies.
The duty to ensure the observance and protection of the rights and interests of citizens also means the duty of civil servants to timely consider citizens' appeals. This duty of civil servants corresponds to the constitutional right of citizens to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies (Article 33 of the Constitution of the Russian Federation).
The term "appeal" combines concepts such as a proposal, a statement, a complaint (in writing or orally).
"A proposal is an appeal regarding the imperfection of an organization, activity or regulation in a particular area and recommendations on ways to eliminate deficiencies. Their peculiarity is that they do not, as a rule, reflect specific violations of subjective rights." Comments to the Federal Law "On State civil service of the Russian Federation "and the legislation on the civil service of foreign states / A.F. Nozdrachev, A.F. Nurtdinova, L.A. Chikanova and others - M. - p. 109.
A statement is an appeal about:
- - realization of the subjective rights and legitimate interests of citizens;
- - violations of normal activities that do not concern the rights and interests of specific individuals;
- - abuse, illegal actions and other violations of the law when they do not affect the rights and interests of the applicant or other specific persons.
A complaint is an appeal to state or other official bodies, to officials regarding the violated right or legitimate interest of a citizen (citizens).
When considering appeals, civil servants are obliged to: understand the essence of the appeal; if necessary, check the information provided; make an informed decision; ensure their timely and correct execution; inform the applicant of the decision; in case of rejection of the proposal, application, complaint, indicate the reasons; explain the procedure for appealing the decision.
5) Obligation to comply with the official regulations of the state body "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". ... There are model rules of the internal office routine, on the basis of which such an order is approved by the head in each state body. The official routine of the state body is determined by the normative act of this body, which regulates the mode of service (work) and the time of rest. The official routine sets the working hours and rest hours of employees - the time of the beginning and end of the working day, the time of the lunch break, etc. The official regulations of the state body are approved by the representative of the employer, taking into account the opinion of the elected trade union body of this state body. Service time - the time during which a civil servant is obliged to fulfill his official duties in accordance with the official routine of a state body or the schedule of service.
Civil servants are subject to the established Labor Code RF working hours - 40 hours a week and a five-day working week. At the same time, the service law allows the head of a state body or its structural unit, by written order, to involve employees in work beyond the established time, on weekends or holidays. For overtime work, a civil servant is entitled to compensation - monetary or additional leave... By law, irregular working hours are established for civil servants who fill the highest and main positions in the civil service.
- 6) The obligation to maintain the level of qualifications necessary for the proper performance of official duties "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". The employee must have such a level of professional training that, at the level of modern requirements, he effectively fulfills his powers. He is obliged to comply with the qualification requirements that apply to the civil service position replaced by him. The main ways to maintain an appropriate level of employee qualifications are professional retraining, professional development and internship, as well as self-education. Periodically conducted professional retraining and advanced training is both the right and the duty of every civil servant.
- 7) The obligation not to disclose information constituting state and other secrets protected by federal law "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". State secrets are made up of information provided for in special lists, the disclosure of which may harm the interests of the Russian Federation. Lists of such information are established by the Law of the Russian Federation "On State Secrets" dated July 21, 1993. There is a List of Officials in the civil service, empowered classify information as a state secret, approved by the President of the Russian Federation.
A number of positions in the civil service provide for the work with classified documents. Therefore, when a person is hired for a service associated with the need to access information constituting a state secret, a procedure for issuing an appropriate admission is provided. In case of refusal to issue admission, the person is not allowed to this position of the civil service.
Another secret protected by law is understood as an official, commercial secret, secret of personal life, etc.
General conditions when information can acquire the character of an official secret are determined in Article 139 of the Civil Code.
This requirement directly follows from Article 23 of the Constitution of the Russian Federation, which considers inviolability and privacy as an essential element. legal status a citizen of the Russian Federation.
Disclosure of state and other secrets protected by federal law entails criminal, civil and disciplinary responsibility of an official.
- 8) Obligation to protect state property "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant" . For the proper performance by an official of his official duties, he is provided with certain state property - transport, computer, office equipment, intercom, consumables, etc. It is provided to employees in accordance with the norms established by the Government of the Russian Federation or a state body. The employee must competently, economically and effectively manage the property entrusted to him, preventing damage, loss, waste, etc. This provision requires not to allow the use of this property for other purposes for non-official purposes.
- 9) The obligation to provide, in the prescribed manner, provided by federal law, information 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 obligations of a property nature. Information about yourself and your family members is contained in the personal file of a civil servant (questionnaire). Information on income and property must be provided by each civil servant annually, no later than April 30th. The corresponding certificate of the state tax service shows the annual income and the income tax of a civil servant paid from it, registration in the tax system of his property. This document, which determines the financial position of a civil servant, lists all types of his monetary income and real estate - land, apartments, houses, cars, garages, etc. At the same time, a certificate of expenses of a civil servant is not required by law. Verification of the accuracy of the information provided by the official is carried out personnel service state body. In case of failure to provide information within the established timeframe or the provision of distorted information, the employee must be suspended from the performance of his official duties by the decision of the relevant manager until the circumstances are clarified.
- 10) The obligation to report the renunciation of the citizenship of the Russian Federation or the acquisition of the citizenship of another state "Federal Law of July 27, 2004 No. 79 - FZ" On the state civil service of the Russian Federation // SPS "Garant".
This obligation follows from an important feature of a civil servant - the citizenship of the Russian Federation. It is logical that by losing touch with the state, a person loses touch with his state service. A civil servant of Russia cannot be a foreigner or a stateless person residing in the territory of the Russian Federation. Citizens of Russia permanently residing outside the territory of the Russian Federation cannot be civil servants of the Russian Federation.
The law also establishes the time parameters - on the day of renouncing the citizenship of the Russian Federation or on the day of acquiring citizenship of another state, an employee must report this to his state body.
Concerning dual citizenship, then according to the Constitution of the Russian Federation (Article 62), every citizen of the Russian Federation can have it. The fact that a citizen of the Russian Federation has another citizenship should not diminish his rights and freedoms, including the right to equal access to public service. But the stay in the civil service of the Russian Federation of a person with dual citizenship is possible only if between the Russian Federation and the state of which the citizen became this person, a corresponding international treaty has been concluded. There are few such agreements.
11) Obligation to comply with restrictions, fulfill obligations and requirements for official conduct, not violate the prohibitions established by federal law "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant".
Restrictions and prohibitions are at the same time grounds for the dismissal of civil servants in the event of their violation. At the same time, the list of such grounds established by the Law is not closed. The duties of a civil servant, the violation of which is the basis for dismissal, can be established by other regulatory legal acts of the Russian Federation.
12) The obligation 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 "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Guarantee". The legislative consolidation of the duty of a civil servant to take measures to prevent conflicts of interest in the civil service is designed to ensure high level social requirements for civil servants and, above all, for their honesty, conscientiousness in the civil service - readiness and ability to resist the temptations to put their interests above the service ones.
Taking measures to prevent conflicting interests means refusing to: receive inappropriate benefits; from contacts associated with an offer of improper benefits; from contact with the person who offered the inappropriate service, etc.
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 in the execution of this order, and receive from the head confirmation of this order in writing. If the head confirms this order in writing, the civil servant is obliged to refuse to execute it "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant".
"A civil servant who finds that he is required to commit an illegal, unlawful or unlawful act that is contrary to the rules of official conduct, is obliged to inform the head of the state body or law enforcement"Cherepanov VV Fundamentals of public service and personnel policy. - M., 2007. - p. 281..
He can provide the relevant information publicly or confidentially, depending on the circumstances and the procedure established by law.
The head of a state body is obliged to take all necessary measures to prevent or continue a conflict of interest in a state body. In addition, he is obliged to take measures so that no harm is caused to a civil servant who reports a conflict of interest.
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 "leaders" category 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 this state body during the period of his replacement of this position "Federal Law of July 27 2004 № 79 - FZ "On the state civil service of the Russian Federation // SPS" Garant ".
This prohibition is intended to prevent conflicts of interest in a government agency.
Civil servants are subject to mandatory fingerprinting registration in the cases and in the procedure established by the federal law "Federal Law of July 27, 2004 No. 79 - FZ" On the State Civil Service of the Russian Federation // SPS "Garant". "The goals, principles and types of state fingerprint registration in the Russian Federation, as well as the basic requirements for state fingerprint registration, storage and use of fingerprint information are established by Federal Law of 25.07.1998 N 128-FZ" On state fingerprint registration in the Russian Federation "" Comments to the Federal Law "On the State Civil Service of the Russian Federation" and the Law on the Civil Service of Foreign States / A.F. Nozdrachev, A.F. Nurtdinova, L.A. Chikanova and others - M. - p. 109.
In addition to general duties, there are a number of other duties of civil servants. These are the general official duties that are provided for in other regulatory legal acts.
1. Duty to take care of your health. "Civil servants can be citizens who, for health reasons, ensure the performance of the functions assigned to the relevant state bodies" Nozdrachev A.F. Public service. - M., 1999. - with. 232.. This implies the obligation of a civil servant to do everything possible to prevent damage to his or her ability to work.
To maintain and restore working capacity, civil servants are required to undergo medical examination and medical examination, to carry out the required medical and recreational activities, they are given the opportunity to use the services of health resort institutions on preferential terms.
Obligation to receive pay. Undoubtedly, there is a duty of the civil servant to receive the established salary on the replaced public office and other types of pay. He has no right to shy away from receiving his content. According to the traditional theory, which we adhere to, salaries are paid not only in the personal interests of the civil servant, but also in the interests of the civil service. It is paid to ensure the dignity of the public service and should be so in size.
Obligation to wear uniforms. "For civil servants of certain state bodies, laws and other regulatory legal acts provide for wearing uniforms... It is understood as service clothes, which a civil servant is obliged to wear in service or which is intended to emphasize his specific function "Nozdrachev AF Public service. - M., 1999. - p. 233..
Thus, the duties of civil servants are a circle of main, fundamental actions assigned by the law to the specified person and unconditional for implementation.
There are both general and other responsibilities of civil servants.
In my opinion, today there are a number of problems associated with the duties of civil servants.
First, many civil servants do not fulfill their official duties to the full. This can entail grave consequences for both the civil servant and the state as a whole.
Secondly, complaints, proposals and applications of citizens and organizations are very often not considered at the proper level, but only superficial consideration takes place.
Third, some civil servants go beyond their official powers to improve their welfare. These actions lead to corruption.
Fourth, there is the problem of nepotism, as a result of which people who do not have the appropriate professional knowledge and skills are recruited into the civil service.
Duties of a civil servant(Article 15 of the Federal Law "On the State Civil Service of the Russian Federation")
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 accordance with the established procedure, information about himself and his family members provided for by federal law;
10) inform about the renunciation of the citizenship of the Russian Federation or the acquisition of the citizenship of another state on the day of renunciation of the citizenship of the Russian Federation or on the day of acquiring the 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) 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.
A civil servant is obliged to indicate cost indicators in accordance with the requirements established by federal laws, decrees of the President of the Russian Federation.
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 compulsory state fingerprint registration in cases and in the manner prescribed by federal law.
1. 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;
ConsultantPlus: note.
For responsibility for disclosing state and other secrets, see Federal laws.
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 accordance with the established procedure, information about himself and his family members provided for by federal law;
(see text in previous edition)
10) inform about the renunciation of the citizenship of the Russian Federation or the acquisition of the citizenship of another state on the day of renunciation of the citizenship of the Russian Federation or on the day of acquiring the 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) 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.
1.1. A civil servant is obliged to indicate cost indicators in accordance with the requirements established by federal laws, decrees of the President of the Russian Federation.
2. A civil servant shall not have the right 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.
Commentary on Article 15
1. In accordance with Art. 15 of the Constitution of the Russian Federation, public authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.
Strict observance of the Constitution of the Russian Federation and the legislation of the Russian Federation is the direct responsibility of every civil servant as an element of a public authority, as an official and as a citizen.
It should be emphasized that the requirement to comply with the rules of law in connection with the special administrative and legal status of a civil servant is significantly enhanced in connection with the special legal regime of functioning of an employee as a representative of the state. This provision is also due to such a national goal (and, consequently, the main goal of the system of public authorities), as ensuring the rule of law.
An essential feature of the implementation of the provisions of the commented article is to determine the parameters of the content and scope of obligations to comply with the law for a civil servant. So, firstly, civil servants are obliged to all the general civil encumbrances stipulated by the norms of law (for example, to pay legally established taxes and fees); secondly, due to the inextricable connection between employees and the state, they are imposed on general state obligations, which should be prioritized in the activities of employees (for example, observance and protection of human and civil rights and freedoms, recognition of a person as the highest value); thirdly, specific duties must be fulfilled, provided for by separate regulations governing the exercise of official powers in a certain area (for example, the obligatory state fingerprint registration of certain civil servants); fourthly, obligations related to restrictions (for example, restrictions on freedom of speech, expressed in the obligation to refrain (not allow) from public statements, judgments and assessments, including in the media, in relation to the activities of state leaders); fifthly, legal norms (acts) provide for official duties, which must also be performed by a civil servant in accordance with the concluded service contract; sixth, the ethical duties established by various legal acts are also imposed on civil servants (for example, not to commit acts that discredit their honor and dignity).
The obligation of a civil servant to comply with the Constitution of the Russian Federation, enshrined in clause 1 of part 1 of the commented article, is of independent and priority importance, since in cases of inconsistency with other legal acts, the employee is obliged to be guided by the constitutional provisions. You can state the duty of deep knowledge legal framework and a certain assessment work of the law enforcement officer.
Another feature is associated with the double regulation of the civil service - at the federal level and the level of the constituent entities of the Russian Federation. Obviously, for a regional civil servant, the scope of legal prescriptions is supplemented by the level of knowledge of the norms of federal legislation in order to prevent the implementation of the illegal establishment of a regional legal act.
This implies another obligation, directly related to the obligation to comply with this Law - the obligation to refuse to perform "poor quality", "vicious" legal norm, although there is no direct normative guidance for such behavior of a civil servant.
And the last thing that is important to note is that the high-quality performance of duties by civil servants is the best guarantee of the rights and freedoms of citizens, as well as the legality of public administration. That is why in clause 6 Approximate form service contract on the passage of the state civil service of the Russian Federation and the replacement of the position of the state civil service of the Russian Federation, approved. Decree of the President of the Russian Federation of February 16, 2005 N 159, separately stipulates that "a civil servant is obliged to fulfill the duties of a state civil servant of the Russian Federation provided for in Article 15 of the Federal Law, including to comply with restrictions, to fulfill obligations and requirements for official conduct, not to violate prohibitions that are established by the Federal Law and other federal laws. "
The duty of a civil servant to perform official duties in accordance with the official regulations is one of the main, to a large extent expressing the essence of his legal status due to the public law nature of the civil service. According to the content of clause 2, part 1 of the commented article, this obligation relates to the essence of official activity, to the direct performance of official duties for a specific position.
According to Part 3 of Art. 23 of the Law, a citizen entering the civil service and a civil servant, when concluding a service contract on the replacement of a civil service position, undertake to perform official duties in accordance with the official regulations and comply with the official regulations of a state body. Thus, the obligation to perform official duties in accordance with the official regulations is indicated in the Law twice: it is included in the number of legislative prescriptions that determine the specifics of the legal status of a civil servant, and is also indicated as a duty that is imposed on a citizen entering the civil service, and on a civil servant directly at the conclusion of a service contract on the replacement of a civil service position.
The official regulations of a civil servant are one of the main documents in accordance with which the professional service activities of a civil servant are carried out. This document is approved by the representative of the employer and is part of administrative regulations state body. The content of the official regulations is determined by Art. 47 of the Law.
Establishing the obligation of a civil servant to perform official duties in accordance with the official regulations, the Law simultaneously determines that, firstly, the service contract provides for the responsibility of the parties for non-performance or improper performance obligations and obligations assumed in accordance with the legislation of the Russian Federation and, secondly, it is forbidden to demand from a civil servant the performance of official duties not established by the service contract and official regulations (part 7 of article 24 of the Law).
In Art. 57 of the Law, non-fulfillment or improper fulfillment by a civil servant through his fault of the duties assigned to him is defined as a disciplinary offense, for the commission of which the representative of the employer has the right to apply the disciplinary punishments provided for by this article.
Considering the importance of fulfilling official duties, in Art. 52 of the Law, it is established that civil servants are guaranteed conditions for civil service, ensuring the performance of official duties in accordance with the official regulations. This guarantee, introduced as one of the main state guarantees provided to civil servants, is designed to ensure their legal and social protection, increase motivation effective execution by them of their official duties, to strengthen the stability of the professional composition of the civil service personnel.
According to clause 3 of part 1 of the commented article, a civil servant is obliged to fulfill the instructions of the relevant leaders, given within the limits of their powers established by the legislation of the Russian Federation. This duty is one example of the concretization of such principles of public service as legality and subordination. Legality means not only a clear consolidation in regulatory legal acts of the powers of the heads of state bodies and their structural units, but also the unconditional execution by civil servants of the instructions given to them within the appropriate limits. The public law nature of the civil service presupposes a hierarchical subordination of civil servants. Superior managers, within their competence, have the right to issue orders, orders and instructions to civil servants of lower rank, which are binding and must be completed within the specified time frame.
The exception here are situations when a civil servant receives an unlawful assignment from a manager. The law permits a civil servant not to carry out such an assignment. In the case of its execution, the civil servant and the head who gave this order bear disciplinary, civil, administrative or criminal liability (see commentary to Art. 15).
Clause 4, part 1 of the commented article contains a requirement for a civil servant to observe the rights and legitimate interests of citizens and organizations in the performance of official duties. This provision specifies the content and meaning of the legal norms established by Art. 2, 17, 18, 45 of the Constitution of the Russian Federation, that "the recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." In Art. 18 of the Constitution of the Russian Federation emphasizes that the rights and freedoms of a person and a citizen determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are ensured by justice.
The implementation of their official duties by civil servants is aimed at achieving socially useful goals, ensuring the interests of society, organizations and individual citizens. Observance of the rights and legitimate interests in this case means refraining from a civil servant from committing misconduct(inaction) capable of causing harm to citizens or organizations.
Violation by a civil servant of personal, political or socio-economic rights and freedoms of citizens, the legitimate interests of organizations entails an offensive legal responsibility... Depending on the nature and severity of the harm caused, a civil servant can be brought to disciplinary, administrative, criminal or civil liability.
The very fact of violation of the rights and legitimate interests of citizens and organizations is qualified as a disciplinary offense, for the commission of which a civil servant is imposed disciplinary action according to Art. 57 of the Law (see the commentary to this article).
Administrative responsibility of civil servants can arise for arbitrariness, i.e. unauthorized, contrary to the procedure established by federal law or other regulatory legal act, the exercise of one's actual or perceived right that did not cause significant harm to citizens or legal entities (Article 19.1 of the Administrative Code). If similar actions of a civil servant have caused significant harm and their legitimacy is challenged by an organization or a citizen, then this kind of act falls under the elements of a crime under Art. 330 of the Criminal Code.
In addition, civil servants may be criminally liable for the appropriation of the powers of an official and the commission of actions in connection with this, which entailed a significant violation of the rights and legitimate interests of citizens or organizations (Article 288 of the Criminal Code) or official forgery, i.e. making deliberately false information or corrections in official documents that distort their actual content, if these acts were committed out of selfish or other personal interest (Article 292 of the Criminal Code).
For civil servants who are officials (as a rule, these are civil servants filling positions in the "managers" category and in the "specialists" category, whose official duties include the execution of control and supervisory functions and powers), current legislation increased criminal liability was established for violations of the rights and legitimate interests of citizens and organizations committed in the performance of official duties. Thus, civil service officials are responsible for a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state in cases of abuse official powers(Art. 285 of the Criminal Code), their exceeding (Art. 286 of the Criminal Code), negligence (Art. 293 of the Criminal Code).
These persons bear civil liability under Art. 1069 of the Civil Code, according to which harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies or officials of these bodies, including as a result of the issuance of an act of a state body that does not comply with the law or other legal act, is subject to compensation. Damage caused to the person or property of a citizen, as well as damage caused to the property of a legal entity, shall be subject to compensation in in full a person who has caused harm (part 1 of article 1064 of the Civil Code).
Clause 5, part 1 of the commented article establishes the duty of a civil servant to comply with the rules of the internal office routine established in a state body.
The rules for the performance of official activities are fixed in the official regulations of the state body. This act is approved by the representative of the employer, taking into account the opinion of the elected trade union body. However, the procedure for taking into account the opinion of an elected trade union body is not established by this Law. In this regard, by virtue of Art. 73 of the Law, it is possible to apply Art. 372 of the Labor Code, which regulates the procedure for taking into account the opinion of an elected trade union body when adopting local regulations. In accordance with this provision, the representative of the employer must send to the elected trade union body a draft official schedule and justification for it ( explanatory note). The elected trade union body, no later than five working days from the date of receipt of the draft, must send in writing to the head of the state body its motivated opinion on the need to adopt such a local normative act, the timing of its implementation and content. When the trade union body objects to the adoption of the official schedule or proposes to amend and supplement the draft, consultations are held to reach a mutually acceptable solution. If agreement is not reached, a protocol of disagreements is drawn up, after which the representative of the employer has the right to approve the official schedule, defining its content at his own discretion. The elected trade union body is given the rule to appeal the adopted act to the federal labor inspectorate or to the court. The trade union can use this right if, when approving the official schedule, the requirements of the legislation are violated or the content of this legal act is contrary to the law.
In the absence of an elected trade union body in the state body, the representative of the employer shall take the official routine of the state body alone.
The content of the official regulations of the state body is not defined. However, it should reflect the mode of service (work) and the time of rest. In this regard, it seems appropriate to refer to the labor legislation, which provides that the internal labor regulations may include provisions defining, in accordance with federal laws, the procedure for admitting and dismissing employees, the basic rights and obligations of employees and the employer, and incentive measures applied to employees ( Art. 1, 6, 9 TC).
Appendix 5 provides an approximate structure and typical content of the official regulations of a federal state body.
The conditionality of the establishment of the obligation to maintain the level of qualifications necessary for the proper performance of official duties (clause 6, part 1 of the commented article) is dictated by the fact that in the context of the complication of socio-economic processes within the framework of the accompanying reforms carried out in the country and constantly changing legislation without a systematic increase qualifications civil servants will not be able to solve the tasks assigned to them.
Maintaining the level of qualifications necessary for the proper performance of official duties follows from the requirement for a civil servant to perform official duties in accordance with the official regulations. In this regard, in accordance with Part 2 of Art. 62 of the Law, professional development of a civil servant should be carried out as needed, but at least once every three years.
The norm established in clause 7 of part 1 of the commented article obliges a civil servant not to disclose information that is: 1) a state secret; 2) other secrets protected by federal law; 3) 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.
The concept of state secrets is defined in the RF Law "On state secrets". It means information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational search activities, the spread of which may harm the security of the Russian Federation. Information related to state secrets is indicated in Art. 5 of the RF Law "On State Secrets". The list of these information is determined by the Decree of the President of the Russian Federation of November 30, 1995 N 1203 "On approval of the List of information classified as state secrets" (as amended on February 11, 2006).
SZ RF. 1995. N 49. Art. 4775; 1998. N 5. Art. 561; 2001. N 24. Art. 2418, No. 38. Art. 3724; 2002. N 22. Art. 2074; 2005. N 10. Art. 807; 2006. N 8. Art. 892.
All civil servants, if it is required for the performance of their official duties, are issued an admission in the established form to information constituting a state secret. At the same time, civil servants are warned about responsibility for their disclosure. In accordance with Art. 26 of the Law of the Russian Federation "On State Secrets" civil servants guilty of violating the legislation of the Russian Federation on state secrets bear criminal, administrative, civil or disciplinary responsibility in accordance with the current legislation. In particular, the criminal law provides for liability for high treason(Art. 275 of the Criminal Code), disclosure of state secrets (Art. 283 of the Criminal Code), as well as for the loss of documents containing state secrets (Art. 284 of the Criminal Code).
Other types of secrets protected by federal law include commercial and tax secrets. The definition of a commercial secret is given in Art. 3 of the Federal Law of July 29, 2004 N 98-FZ "On Commercial Secrets" (as amended on December 18, 2006). In accordance with Part 2 of Art. 13 of this Law, officials of public authorities, civil servants of these bodies without the consent of the owner of information constituting trade secret, does not have the right to disclose or transfer to other persons, state authorities, other state bodies, local self-government bodies information that has become known to them due to the performance of official (official) duties, which constitutes a commercial secret, with the exception of cases provided for by law.
SZ RF. 2004. N 32. Art. 3283; 2006. N 6. Art. 636, No. 52 (part 1). Art. 5497.
The concept of tax secrets follows from Art. 102 part one Tax Code Russian Federation of July 31, 1998 N 146-FZ (as amended on June 29, 2004). Civil servants whose official duties involve the use of information constituting a commercial or tax secret, in cases of its illegal disclosure, depending on the consequences that have occurred, are involved in disciplinary, civil law (Article 139 of the Civil Code), administrative (Article 13.14 of the Administrative Code) or criminal liability (Article 183 of the Criminal Code).
SZ RF. 1998. N 31. Art. 3824; 1999. N 28. Art. 3487; 2000. N 2. Art. 134; 2003. N 27 (part 1). Art. 2700; 2004. N 27. Art. 2711.
Information that has become known to a civil servant in connection with the performance of official duties includes two types. The first is information constituting an official secret. Service secret is confidential information, which became available to a civil servant in the process of performing his official duties. A public authority has the right to classify information obtained by it in the course of managerial activities as an official secret if its dissemination can prevent or otherwise adversely affect the exercise of the powers granted to it by federal laws, laws of the constituent entities of the Russian Federation, and other regulatory legal acts. A civil servant who has allowed the disclosure of official secrets is involved in disciplinary responsibility in the manner prescribed by Law N 79-FZ.
In the future, the legal regime of official secrets will be established in a special law. On April 5, 2006, the draft Federal Law No. 124871-4 "On Official Secrets" was reintroduced into The State Duma Federal Assembly RF.
The second group includes information concerning the private life and health of citizens or affecting their honor and dignity. The requirement for civil servants not to disclose this information directly follows from the constitutional right of citizens to inviolability of private life, personal and family secrets, protection of their honor and good name (Article 23 of the Constitution of the Russian Federation). Part 1 of Art. 24 of the Constitution determines that the collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.
The legal regime of this information is determined in the Federal Law of July 27, 2006 N 152-FZ "On Personal Data". According to clause 1 of part 1 of Art. 3 of the said Law, personal data is any information related to certain or determined on the basis of such information natural person, including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information. Dissemination of personal data - actions aimed at transferring personal data a certain circle persons (transfer of personal data) or to familiarize themselves with the personal data of an unlimited number of persons, including the disclosure of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way.
SZ RF. 2006. N 31 (part 1). Art. 3451.
Article 10 of this Law contains a general prohibition on the dissemination of personal data concerning race, nationality, political views, religious or philosophical beliefs, health status, intimate life without the written consent of the subject of personal data. Persons guilty of violating these requirements, including civil servants, are subject to civil, criminal, administrative, disciplinary and other provided by law RF responsibility (Article 24). In particular, under Part 2 of Art. 137 of the Criminal Code, a civil servant may be prosecuted for disseminating information about a person's private life that constitutes his personal or family secret, without his consent, or disseminating this information in a public speech, publicly displayed work or the media.
As provided for in paragraph 8 of part 1 of the commented article, one of the main duties of a civil servant - to protect property, including those provided to him for the performance of official duties - is specified both in the service contract and in the official routine of the state body. In this case, the duties of a civil servant can be charged not only with the issues of savings state property, but also the rational use of materials and other resources, storage conditions for material values and documents. In the presence of the fault of a civil servant in the case of inflicting material damage inflicted on the representative of the employer as a result of guilty illegal behavior (action or inaction), his material liability may arise. At the same time, guilt can be recognized by a civil servant voluntarily, and in the event of a dispute, by a court. The material liability of a civil servant in this case is realized, first of all, on the basis of labor legislation, in particular Ch. 39 TC about material responsibility employee.
An important tool in ensuring the duty of a civil servant to protect state property, including provided to him for the performance of official duties, is an inventory of the material and technical base of a state body, including on the basis of existing inventory forms adopted in accounting in accordance with the Decree of the Government of the Russian Federation dated January 1, 2002 N 1 "On the classification of fixed assets included in depreciation groups"(as amended on November 18, 2006) and the Chart of Accounts accounting financial and economic activities of organizations, approved. By order of the Ministry of Finance of Russia dated October 31, 2000 N 94n.
SZ RF. 2002. N 1 (part 2). Art. 52; 2003. N 28. Art. 2940, No. 33. Art. 3270; 2006. N 48. Art. 5028.
Financial newspaper. 2000. No. 47; 2003. N 22.
Law N 79-FZ provides for the liability of a civil servant for failure to preserve state property. So, with a civil servant in cases of theft of someone else's property at the place of service, embezzlement, deliberate destruction or damage of such property, established by the person who entered the legal force by a court verdict or by an order of a body authorized to consider cases of administrative offenses, or the commission of guilty acts in the direct service of monetary or commodity values if these actions give rise to the loss of confidence in him by the representative of the employer, the service contract may be terminated by the representative of the employer, and the civil servant may be relieved of his post and dismissed from service. In addition, with a civil servant replacing the position of the category "managers", in cases of his making an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of a state body or a single gross violation of his official duties, which entailed harm to the state body, the service contract can also be terminated by the representative of the employer, and the civil servant is dismissed from the position being replaced and dismissed from service (see the commentary to Article 37).
By the decision of the representative of the employer or a person authorized by him, in relation to a civil servant who has caused harm to a state body as a result disciplinary offense, an official check is carried out for an objective, complete and comprehensive determination of the nature and size of this harm.
At the same time, the civil servant, in respect of whom the inspection is being carried out, may, by the decision of the representative of the employer, be temporarily removed from the position to be replaced for the duration of the official inspection with the preservation of the salary for this period (see the commentary to Article 59).
The information specified in clause 9, part 1 of the commented article must be divided into two main parts. The first part is information about the civil servant and his family members. The second part - information about the income received by the civil servant and the property belonging to him on the right of ownership, which are objects of taxation, about the obligations of a property nature.
Information about themselves and their family members is submitted by civil servants to the state body in accordance with Art. 26 and 42 of the Law for admission to the civil service in a questionnaire in the prescribed form. The form of the questionnaire was approved by the order of the Government of the Russian Federation of May 26, 2005 N 667-r. At the same time, in order to update information about a civil servant and members of his family, the personnel service of a state body must, in accordance with sub. "g" clause 19 of the Regulation on the personal data of a civil servant to acquaint him at least once a year with the documents of his personal file and make changes that have occurred to him and his family members in the information specified in this questionnaire.
SZ RF. 2005. N 22. Art. 2192.
The obligation to provide information on income received by a civil servant and property belonging to him on the right of ownership, which are objects of taxation, on obligations of a property nature should be considered as one of the directions in ensuring the principle provided by the Law on the availability of information on the civil service and as a form of anti-corruption actions of the state in the civil service system. Specific issues related to the submission of information to civil servants about the income they received and property belonging to him on the right of ownership, which are objects of taxation, about property obligations, are discussed in detail in the commentary to Art. 20 of the Law.
Clause 10, part 1 of the commented article stipulates the duty of civil servants to report their 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. This obligation follows from the concept of a civil servant (see the commentary to Art. 13), in which the civil servant's citizenship of the Russian Federation is provided as an indispensable feature. In accordance with Art. 3 of the Federal Law "On Citizenship of the Russian Federation", citizenship of the Russian Federation is a stable legal relationship of a person with the Russian Federation, expressed in the aggregate of their mutual rights and responsibilities. Citizenship is a prerequisite for the possession of a civil servant in full constitutional and special rights, imposing on him the duties provided for by the Constitution of the Russian Federation and the legislation on the civil service, as well as for the proper protection of his rights and legitimate interests.
Citizenship is one of the mandatory conditions for admission and stay in the civil service. According to Art. 21 of the Law, only citizens of the Russian Federation have the right to enter the civil service. It is not provided to foreign citizens and stateless persons residing in the territory of the Russian Federation. In Art. 16 of the Law, restrictions related to the civil service, in particular, include: a) renunciation of the citizenship of the Russian Federation or the acquisition of citizenship of another state; b) the presence of citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation. Legal relationship associated with the emergence legal facts exit from Russian citizenship or the acquisition of citizenship of another state, entail legal consequences, meaning that in such cases, a citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service.
Acquisition of the citizenship of another state without renouncing the citizenship of the Russian Federation (dual citizenship) is the basis for terminating the service contract with a civil servant and dismissing him from the civil service, unless otherwise provided by an international treaty of the Russian Federation. Currently international treaties concerning this problem were concluded only with Tajikistan and Turkmenistan. These agreements address issues such as military service, social security and the scope of other rights and freedoms of citizens with dual citizenship. However, the right of this category of persons to enter the civil service is not specifically stipulated in them.
Federal Law of December 15, 1996 N 152-FZ "On the ratification of the Treaty between the Russian Federation and the Republic of Tajikistan on the settlement of issues of dual citizenship" // SZ RF. 1996. N 51. Art. 5683; Federal Law of November 25, 1994 N 41-FZ "On the ratification of the Agreement between the Russian Federation and Turkmenistan on the settlement of issues of dual citizenship" // SZ RF. 1994. N 31. Art. 3192.
Paragraph 11, part 1 of the commented article obliges a civil servant to comply with restrictions, fulfill obligations and requirements for official conduct, and not violate prohibitions. The corresponding lists are established in Art. 16 - 18 of the Law (see comments to these articles). In addition, prohibitions for civil servants may be established in other federal laws. For example, in part 2 of Art. 13 of the Federal Law "On Commercial Secrets" contains a ban on the use of information constituting a commercial secret by civil servants for mercenary or other personal purposes.
A civil servant is obliged, in accordance with clause 12, part 1 of the commented article, 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.
Official duties are assigned to civil servants solely to perform the tasks and functions of state bodies for socially useful purposes. The scope and content of the official duties of a particular civil servant follow from the relevant regulatory legal acts, the official regulations and the service contract concluded by him with the representative of the employer. All practical activities of a civil servant should be aimed at conscientious fulfillment of official duties, ensuring the interests of the state civil service, excluding personal interest in the performance of official duties.
The personal interest of a civil servant, which affects or may affect the objective performance of his official duties, is understood as the possibility of a civil servant in the performance of official duties receiving income (unjust enrichment) in cash or in kind, income in the form of material benefits directly for the civil servant, his members. families and other relatives (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses), as well as for citizens or organizations with which the civil servant has financial or other obligations.
In practice, situations are possible when the personal interest of a civil servant can affect the objective performance of his official duties, leading to a conflict with the interests of the civil service. For example, when a civil servant performs other paid work. In this case, there is a conflict of interest (see commentary to Article 19), in order to prevent which the civil servant is obliged to inform the employer's representative of his personal interest in writing.
1.1. Federal Law of April 12, 2007 N 48-FZ "On Amendments to Certain legislative acts Of the Russian Federation in terms of establishing requirements for the indication of cost indicators "the content of the commented article has been updated. He introduced part 1.1, which supplemented the list of the main duties of civil servants with the obligation to indicate cost indicators in accordance with the requirements established by federal laws, decrees of the President of the Russian Federation. Imposition of this duty by the same The law also applies to members of the Federation Council and deputies of the State Duma.
One of the federal laws, in accordance with the requirements of which this obligation is implemented, is the Federal Law of March 13, 2006 N 38-FZ "On Advertising" (as amended on April 12, 2007), Art. 5 of which is supplemented with the following provision: "7.1. In advertising of goods and other objects of advertising, the value indicators must be indicated in rubles, and, if necessary, can additionally be indicated in foreign currency."
SZ RF. 2006. N 12. Art. 1232, No. 52 (part 1). Art. 5497; 2007. N 7. Art. 839, No. 16. Art. 1828.
The meaning of the new obligation is that in their official activities, civil servants, as well as Russian parliamentarians, in cases where it is necessary to indicate the price of any goods, services, other items with a price value, objects being evaluated, etc. it is primarily in the Russian currency, the monetary unit of which is the ruble. From now on, it is the ruble, and not foreign currency or some monetary surrogates, expressed by "conventional units", should be used in official correspondence, public speaking and other forms of official activity carried out in their own official status.
The implementation of this obligation by civil servants legally comes into force on July 1, 2007.
2. Civil service in the Russian Federation is based on the principle of subordination, therefore the Law imposes on civil servants the obligation to fulfill orders, i.e. orders, instructions, instructions, relevant leaders - immediate and superior, issued by them within the limits of their official powers.
However, the civil servant fulfills all orders of the leaders under personal responsibility for the legality of his actions. Thus, when receiving an assignment, a civil servant is obliged to assess it from the point of view of compliance with the law and state interests. At the same time, the search for a state useful goal should also be considered a condition for the legality of his actions.
In part 2 of the commented article, it is established that a civil servant is not entitled to fulfill the unlawful order given to him by the head. If there is even the slightest doubt about the legality of the order received, the civil servant is obliged to immediately notify in writing both his immediate supervisor and the supervisor who gave the order. At the same time, the civil servant is obliged to justify the illegality of the received order and indicate 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 in writing from the head.
In case of confirmation by the head of the order, the legality of which is doubted by the civil servant, the latter is obliged to refuse to execute it in writing. Thus, part 2 of the commented article defines the procedure for a civil servant in case of receiving an unlawful order from the head, and also emphasizes the importance of the personal responsibility of a civil servant who is obliged to independently, professionally and responsibly resolve issues of the legality of orders from his leaders.
3. In part 3 of the commented article, it is determined that the execution of an unlawful order is an offense. In this case, both the civil servant who performed the illegal order and the manager who gave this order bear disciplinary, civil, administrative or criminal liability in accordance with federal law.
Fulfillment of unlawful orders from leaders means that a civil servant performs his official duties thoughtlessly, unprofessionally and in bad faith, contrary to public interests, for the sake of which the civil servant voluntarily assumes the duties of conscientious civil service and he is given the appropriate rights. That is why, in accordance with the disposition of the legal norm set forth in part 3 of the commented article, a civil servant cannot be relieved of legal responsibility for the unlawful execution of an illegal order of the head.
4. Part 4 of the commented article establishes a restriction in relation to civil servants who fill a civil service position in the category of "managers" of the highest group of civil service positions (see paragraph 1 of part 2 of article 9 of the Law).
Issues related to the settlement of conflicts of interest in the civil service are considered in Art. 19 of the Law. At the same time, considering the totality of the concepts of "conflict of interest" and "personal interest" contained in this article, as well as the content of the Law as a whole, it can be noted that the use of the wording "conflict of interest" often covers a wider range of relations than those that touched upon in Art. 19 of the Law.
The prohibition established for persons filling the post of the civil service of the category of "leaders" of the highest group of positions, regarding the impossibility of representing the interests of civil servants in the elected trade union body of this state body, is clearly not due to the possibility of this category of civil servants receiving any material benefit in this case ...
By virtue of the prescriptions of Part 4 of Art. 9 of the Law, the positions of the category "managers" are divided into the highest, the main and the leading group of positions.
The limitation contained in part 4 of the commented article is provided only for the highest group of posts in the "managers" category. This position of these persons is due to the specifics of the civil service and the existence of restrictions for civil servants of any state body as a whole. So, according to paragraph 15 of part 1 of Art. 17 of the Law, civil servants are prohibited from terminating their official duties in order to resolve an official dispute. In accordance with Art. 142 of the Labor Code, civil servants are not entitled to suspend work in case of delay in the payment of wages.
The imposition of increased requirements for civil servants and their restriction in a number of rights in comparison with other persons who are labor relations, entail the need for the representative of the employer to organize a certain management system, in which, in contrast to the most traditional endowment of the majority of managerial functions of the head of the organization and his deputies, it is extremely important to have additional management links. That is why the Law also includes, in particular, the heads of structural divisions of a state body and their deputies to the number of persons included in the category of "managers".
Part 4 of the commented article formulates the restriction as the impossibility of representing the interests of civil servants in an elected trade union body. This wording can be considered as the absence of the mentioned category of civil servants of the right to be elected to an elective position in the body of the trade union, as well as to apply to this body in order to protect the interests of civil servants. At the same time, this does not mean that persons holding positions of the civil service of the category "managers" of the highest group of positions do not have the right to be a member of a trade union.
The established limitation is valid only during the period of filling a position in the category of "managers" of the highest group of positions.
5. Part 5 of the commented article establishes the compulsory fingerprint registration for both federal civil servants and civil servants of a constituent entity of the Russian Federation.
The list of positions in which citizens of the Russian Federation serve, subject to compulsory state fingerprinting registration, was approved by Decree of the Government of the Russian Federation of April 6, 1999 N 386 (as amended on December 30, 2005). It also includes the positions of the federal public service in the Federal Tax Service of Russia and its territorial bodies, The Ministry of Transport of the Russian Federation, Rostransnadzor, Federal Air Transport Agency and their territorial bodies, provided for by the relevant sections of the Register of Civil Service Positions.
SZ RF. 1999. N 15. Art. 1828; 2001. N 8. Art. 750; 2004. N 8. Art. 663; 2006. N 3. Art. 297.
When determining the circle of persons subject to mandatory fingerprinting registration, it is necessary to take into account that in accordance with the Decree of the President of the Russian Federation of December 31, 2005 N 1574 civilians, filling positions that are established to be filled by military personnel serving on a contract basis, or by employees who have special title, in the central offices of federal executive bodies, whose activities are controlled by the President of the Russian Federation, after February 1, 2005, they are considered federal civil servants who fill the positions of the federal civil service.
The goals, principles and types of state fingerprint registration in the Russian Federation are determined by the Federal Law of July 25, 1998 N 128-FZ "On State Fingerprint Registration in the Russian Federation" (as amended on July 18, 2006). The law establishes the basic requirements for state fingerprint registration, storage and use of fingerprint information.
SZ RF. 1998. N 31. Art. 3806; 2001. N 11. Art. 1002; 2002. N 30. Art. 3032, 3033; 2003. N 27. Art. 2700; 2004. N 18. Art. 1687, No. 27. Art. 2711; 2006. N 31 (part 1). Art. 3420.
State fingerprinting registration refers to the activities carried out by the executive authorities specified in this Law to receive, record, store, classify and issue fingerprint information, establish or confirm a person's identity. Fingerprint information is information about the structural features of the papillary patterns of human fingers and about his personality. Fingerprint information contains material carriers - fingerprint cards, which are made on the appropriate forms by means of printing ink by imprinting the papillary patterns of the fingers of each hand of the registered person and systematized using special formulas, as well as magnetic or other types of records. A systematized set of fingerprint information forms an information array.
A copy of the material carrier, in addition to fingerprint information, must contain the following data:
Surname, name, patronymic, citizenship, gender, date and place of birth, information on registration at the place of residence (at the place of stay) of the person who has passed the mandatory fingerprint registration;
The name of the executive authority that received the fingerprint information;
The basis and date of the fingerprint registration.
Fingerprinting is a section of the science of forensic science that studies the structure of skin patterns of hands for the purpose of forensic identification of a person, criminal registration and the search for criminals. According to the theory of forensic science, fingerprinting is understood as a section of the science of forensic science that studies the structure of skin patterns of hands for the purpose of forensic identification of a person. Fingerprint information is interpreted in the Law somewhat broader than the generally accepted concept. It is obvious that the inclusion in the concept of "fingerprint information" also information about a person's personality implies the possibility of obtaining, in the course of state fingerprinting registration, other data about a person, allowing her to be identified if necessary. Currently, this is, for example, personal data, the fingerprint formula of a registered person, signs of appearance, information about the lifestyle, connections, habits and other characterizing data of the missing person, information about a criminal record. Consequently, in the implementation of state fingerprinting registration, within the meaning of the law, not only fingerprinting (i.e. taking fingerprints) is permissible, but also the identification of personal data necessary for identification.
See: Forensics. M., 1963.S. 206 - 221.
See: The Popular Legal Almanac of the Ministry of Internal Affairs of Russia // Professional. 1999. No. 1 (28).
Thus, the activity associated with establishing or confirming a person's identity consists in the implementation of the possibility of identifying a person in accordance with the information available in the information array.
State fingerprint registration can be carried out for the sole purpose of personal identification. Identification means the establishment of identity, complete coincidence. The purposes of using fingerprint information are:
Search for missing citizens of the Russian Federation, foreign citizens and stateless persons;
Establishing the identity of a person from unidentified corpses;
Establishing the identity of citizens of the Russian Federation, foreign citizens and stateless persons who, due to health reasons or age, are unable to provide information about their identity;
Confirmation of the identity of citizens of the Russian Federation, foreign citizens and stateless persons;
Prevention, detection and investigation of crimes, as well as prevention and detection of administrative offenses.
Taking into account the set goals of using fingerprint information, the legislator has established a limited number of persons subject to state fingerprint registration.
So, citizens serving in the service are subject to compulsory state fingerprint registration:
In the internal affairs bodies;
Organs federal service security;
Foreign intelligence agencies;
Bodies for control over the circulation of narcotic drugs and psychotropic substances;
Bodies of the state tax service;
Business authorities civil defense, emergencies and disaster relief;
Bodies and subdivisions of the bailiff service;
Customs authorities;
State security bodies;
Institutions and bodies of the penal system;
Rescuers of professional emergency rescue services and professional emergency rescue teams of the Russian Federation;
Members of the crews of aircraft of the state, civil and experimental aviation of the Russian Federation.
The compulsory state fingerprint registration of citizens is entrusted to the state bodies in which civil service... The procedure for compulsory state fingerprint registration of a certain category of persons is established by regulatory legal acts of the relevant state authorities.
So, the procedure for fingerprinting of employees of the State Drug Control Authorities is established by Order of the State Drug Control of Russia dated January 28, 2004 N 18 "On approval of the Instruction on the procedure for conducting mandatory state fingerprint registration of employees of bodies for control over the circulation of narcotic drugs and psychotropic substances", in the Ministry of Emergencies of Russia - by the Order of the Ministry of Emergencies of Russia from August 22, 2001 N 366 "On the state fingerprint registration in the EMERCOM of Russia". When carrying out fingerprint registration, the internal affairs bodies are guided by Order of the Ministry of Internal Affairs of Russia dated May 19, 1999 N 417 "On the compulsory state fingerprint registration of employees of internal affairs bodies and military personnel of the internal troops of the Ministry of Internal Affairs of Russia." Fingerprint registration of civil servants of the Federal Tax Service of Russia is carried out on the basis of the Order of the Federal Tax Service of Russia dated October 7, 2005 N SAE-3-15 / [email protected]"On the compulsory state fingerprint registration of state civil servants of the Federal Tax Service."
BNA. 2004. N 11.
BNA. 2001. N 40.
BNA. 1999. No. 30.
The functions of forming a single array of fingerprint information are carried out by the internal affairs bodies on the basis of the Decree of the Government of the Russian Federation of December 25, 1998 N 1543 "On approval of the Regulations on sending material carriers containing fingerprint information to the internal affairs bodies" (as amended on December 30, 2005 g.), as well as the Order of the Ministry of Internal Affairs of Russia, the Ministry of Emergency Situations of Russia, the Ministry of Defense of Russia, the Ministry of Taxation of Russia, the Ministry of Justice of Russia, the State Customs Committee
Russia, SVR of Russia, FSVT of Russia, FSZhV of Russia, FMS of Russia, FSB of Russia, FSNP of Russia, FSO of Russia, FPS of Russia and FAPSI dated November 17, 1999 N 643, 531, 549, AP-3-24 / 364, 331, 786, 82, 112, 363, 96, 423, 413, 357, 620, 189 "On approval of the Regulations on the procedure for the formation and maintenance of an information array created in the process of state fingerprint registration."
SZ RF. 1999. N 1. Art. 193; 2006. N 3. Art. 297.
BNA. 2000. N 4.
State bodies responsible for the mandatory state fingerprint registration and government bodies entitled to use fingerprint information ensure the protection of fingerprint information, which is an official secret. Officials these bodies are responsible for violation of the rules for storing and illegal use of this information in accordance with civil, criminal and administrative legislation.