GENERAL PROVISIONS ON THE STATE CIVIL SERVICE OF THE USA, The...

GENERAL PROVISIONS ON THE STATE CIVIL SERVICE OF THE United States

As a result of studying this chapter, the student must:

know

• the concept, the legal basis of the state civil service;

• the concept and classification of civil service positions;

• the notion and types of class posts of public civil servants;

be able to

• Analyze regulatory legal acts governing the state civil service;

own

basic concepts in the field of public civil service;

• Skills in working with normative legal acts regulating the state civil service.

The concept of the state civil service. Its legal basis

The civil service system includes types and levels of public service. The types of public service are:

- the state civil service;

- military service;

- law enforcement service.

At the same time, if the state civil service is divided into two levels - the federal state civil service and the state civil service of the subject of the United States, then military and law enforcement services are only kinds of federal public service. In other words, the subjects of the United States (republics, regions, regions, cities of federal significance, autonomous regions, autonomous okrugs) have the right to create only state civil service.

The Federal Public Service is the professional performance of citizens to ensure the exercise of the powers of the United States, the powers of federal government bodies, as well as persons substituting US public positions.

State civil service is a kind of civil service, professional service activities of citizens at the posts of civil civil service, ensuring the exercise of the powers of federal state bodies, state bodies of US subjects, as well as persons substituting US public posts and subjects USA.

This definition allows you to identify characteristics characterizing the civil service:

is a professional activity, carried out on the basis of professionalism and competence, i.e. special knowledge and skills;

- activities carried out by United States citizens

- activities to ensure the authority of federal government bodies, state bodies of US entities, persons who replace US public offices, and persons who replace public offices of US entities.

The Federal State Civil Service is the professional performance of citizens at the posts of the federal civil civil service to ensure the exercise of the powers of federal state bodies and persons who replace US public positions.

The state civil service of a constituent entity of the United States is the professional work of citizens at the posts of the civil service of the United States entity to ensure the fulfillment of the powers of the United States entity, as well as the powers of the state bodies of the United States entity and persons who replace the public positions of the subject of the United States.

Legal regulation, organization and functioning of the federal civil civil service are under the jurisdiction of the United States. Legal regulation of the civil service of the US entity is in the joint responsibility of the United States and its subjects, and its organization and functioning is the responsibility of the subjects.

It should be noted that the positions established by the US Constitution, federal laws for the direct exercise of the powers of federal state bodies, are the so-called public positions of the United States.

For example, the US state posts under the US Constitution are as follows:

- President of the United States (Article 11, 80);

- Chairman of the Council of Federation of the Federal Assembly of the United States (Article 101);

- Chairman of the State Duma of the Federal Assembly of the United States (Article 101);

- Chairman of the United States Government (Articles 103, 110);

- the federal minister (article 110);

- Judge of the Constitutional Court of the United States (Article 128);

- the judge of the Supreme Arbitration Court of the USA (Article 128);

- the judge of the Supreme Court of the USA (Article 128);

- US Attorney General (Article 129);

- Chairman of the US Central Bank (Article 83);

- Plenipotentiary Representative of the US President (Article 83);

- Chairman of the US Court of Audit (Article 103);

- The Commissioner for Human Rights (Article 103).

Other public positions in the United States are established by federal laws, decrees of the President of the United States. With a view to systematizing public positions, Presidential Decree No. 32 of 11.01.1995 "On Public Positions of the United States" all of them in the amount of 38 items are included in the Consolidated List.

The crucial point is that public positions on the Consolidated List do not refer to public civil positions. These posts are included in the Register of Positions of the Federal Civil Service. In accordance with Presidential Decree No. 1574 of December 31, 2005, "On the Register of Positions of the Federal Civil Service"; positions of the federal civil service, established by federal laws and decrees of the President of the United States, are subject to inclusion in the said Register.

Regarding the subjects of the United States, the Registers of civil service positions of the United States entities are approved by laws or other regulatory legal acts of the United States subjects, taking into account the provisions of the Federal Law "On the State Civil Service of the United States".

The register of positions of the federal state civil service is constantly being improved. Thus, in accordance with Presidential Decree No. 636 dated May 21, 2012 "On the Structure of Federal Executive Bodies" Two new posts have been added to the Register:

- Deputy Minister of Regional Development of the United States for the Federal District;

- Deputy Federal Minister - head (director) of the federal agency.

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