Passage of service and attestation of state and municipal...

Passage of service and attestation of state and municipal employees

The process of passing the service includes the implementation of official official rights and duties, periodic certification, as well as the possible application to the employee of measures of encouragement and responsibility for official misconduct until dismissal from service. By its content and nature, all the rights and duties of the employee can be divided into three groups: general, special and special.

The rights and duties common to all government and municipal employees are enshrined in the US Constitution, federal laws on various types of civil service, and in the corresponding similar laws of the United States, in charters of municipalities and other normative legal acts of state bodies of US subjects and local self-government bodies.

Every state or municipal employee has the right for the following actions (procedures): familiarization with the documents defining his rights and obligations; obtaining information and materials necessary for the performance of official duties; promotion of the service, retraining (retraining) and raising the level of professional skill at the expense of the corresponding budget, as well as participation on its own initiative in the competition for filling vacant positions in the state and municipal service; acquaintance with all materials of his personal file, carrying out on one hundred request of an official investigation to refute information discrediting his honor and dignity; association in trade unions (associations) to protect their rights, socio-economic and professional interests; making proposals on improving the state or municipal service in any instance; appeal to the relevant state bodies or to the court for the resolution of disputes related to its state or municipal service, respectively, etc.

When exercising their official powers, each state and municipal employee is obliged: to provide support for the constitutional order and observance of the US Constitution, implementation of federal legislation and legislation of the subjects of the United States; initiativefully and conscientiously fulfill their duties; ensure compliance with the rights and legitimate interests of citizens; execute orders, orders and orders from higher authorities and officials given within their official powers, with the exception of illegal ones; to consider timely, within the limits of their official powers and duties, the treatment of citizens, public associations, enterprises, institutions and organizations, state bodies and local self-government bodies and take legal decisions on them in accordance with the established procedure; to observe the rules of internal labor regulations established in the state or municipal body, job descriptions, the procedure for working with official documentation; keep the state secret and other secret protected by law; constantly maintain the necessary level of qualification, sufficient for the performance of their official duties.

As a kind of civil duties of employees, you can also consider the restrictions related to the state and municipal service.

All of the above rights and obligations are common, because, firstly, they apply to all state and municipal employees, without exception, regardless of the specific type of state activity, industry and the sphere of state administration or local government; secondly, they are fixed in normative legal acts of a general industry-wide scope and character (the US Constitution, constitutions or statutes (basic laws) of the US subjects, municipal statutes, federal laws and laws of the US subjects on state and municipal service).

The special rights and duties of state and municipal employees reflect and consolidate the specific nature of various spheres of state activity (employees of judicial, prosecutorial bodies, representative bodies of legislative power, executive power and .).

The special rights and duties of state and municipal employees reflect the specifics of the official activities of certain categories of employees: the right to have and use in certain circumstances weapons and special means, the right to special protection, provision of certain administrative and jurisdictional powers to certain officials, etc. Special rights and duties to certain categories of employees are provided, as a rule, by federal laws and some other normative legal acts of a sectoral scale and nature of the action, for example, laws on internal troops, on the police, etc.

The legitimate, initiative and expedient implementation of general, special and special rights and duties of state and municipal employees is the basis for a meaningful characterization of the process of their passage of service. An important element of the service is the attestation of employees.

Certification of state and municipal employees is held once every three years to determine the level of professional training of an employee and the suitability of his position, as well as to resolve the issue of assigning him a higher qualification level, which can serve as a legal basis and condition for his promotion . The procedure and conditions for attestation of state and municipal employees are established by federal legislation and legislation of the United States.

Certification of employees of state and municipal bodies is designed to improve the activities of these bodies in the selection, upgrading of skills and placement of personnel of state and municipal employees, determining the level of their professional training and compliance with their positions, as well as addressing the issue of assigning the next qualification category rank, special rank, diplomatic rank, etc.). Attestation is subject to federal and state employees of the United States entities, replacing in the state bodies junior, senior, leading, senior and top government positions, as well as municipal employees, replacing junior, senior, principal and higher municipal offices. Civil servants substituting civil service positions for categories "managers" are not subject to certification. and "assistants (advisors)" in the event that an urgent service contract is entered into with these civil servants.

As a result of attestation, the employee is given one of the following assessments: corresponds to the replaced position; corresponds to the replaced position, subject to the implementation of the recommendations of the certification committee on his performance; does not correspond to the replaced position. The Attestation Commission, based on the results of certification, has the right to submit motivated recommendations for the head of the body on raising the employee in the post, assigning him another qualification rank, changing the allowance for special conditions of service (complexity, tension, special mode of operation), inclusion in the reserve for promotion to a higher position.

The results of the employee's certification, properly drawn up, are submitted to the head of the body, who, taking into account them, makes a decision: on raising the employee in office; on assignment to the employee in the established order of the next qualification category; the change in the employee's allowance for special conditions of service; on the inclusion of an employee in the reserve for promotion to a higher position.

If the employee is found to be inappropriate for the replaced position, he is sent for further training or retraining or, with his consent, transferred to another position.

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