Position of the municipal service: concept and classification...

Position of the municipal service: concept and classification

Currently, the legislator has divided two concepts: "municipal office" and "municipal office". To get their most accurate definitions, let's first look at the term title , which we mean:

1) a staff unit or workplace as the main organizational element of the structure. In the job description (instructions) indicate the particular tasks that are solved at the appropriate workplace, the powers and competence (knowledge) necessary for their performance, as well as the place in the service hierarchy;

2) the official position of the employee, determining the scope of his powers and responsibilities, occupied permanently or temporarily, and also replaced periodically, by competition;

3) DN Bakhrakh defines the post as a primary component. On the one hand, the post is the primary component of the administrative structure, to a certain extent detached. It can be considered as a minimum limit for the differentiation of managerial functions and as a means of stabilizing, formalizing the activities of an employee. Position - the simplest cell of the device, intended for one employee, determining its place and role in the management ensemble. On the other hand, it is a stable set of rights and obligations, a legal definition aimed at one person who must carry out part of the work entrusted to the organization.

In the modern theory of municipal law, identify the main signs posts:

- the existence of the position is inextricably linked with the established range of responsibilities for ensuring the execution of the authority of the body. Thus, the objective basis for creating posts is the terms of reference of the body or person;

- a mandatory feature of the post is the terms of reference that the municipal employee performs. These duties are the form of authority of the body or person or the form of the function of the body or person.

Thus, by municipal office we mean the post stipulated by the charter of the municipality in accordance with the law of the subject of the United States, with the authority to resolve issues of local importance and responsibility for the exercise of these powers, bodies of local self-government formed in accordance with the charter of the municipality, with a set range of responsibilities for the enforcement and enforcement of the powers of this local government and responsibly for fulfilling these responsibilities.

Municipal posts are divided:

- to elective municipal offices , replaced as a result of municipal elections (deputies, members of the elected body of local self-government, elected officials of local self-government), and replaced on the basis of decisions of a representative or other elected body of local self-government in respect of persons elected to these bodies as a result of municipal elections;

- appointed ( competitive ) municipal offices, replaced by entering into an employment contract.

Federal Law "On Municipal Service in the United States" defined the concept of a strong position of a municipal service; it is a position in a local government body, the apparatus of an election commission of a municipal formation that is formed in accordance with the charter of a municipal formation, with a set of responsibilities for ensuring the fulfillment of the powers of a local government body, education or a person replacing a municipal office.

Basic signs posts of the municipal service:

is a position in a local government body or the apparatus of an election commission of a municipal formation;

- it is established by municipal legal acts in accordance with the register of posts of municipal service in the subject of the United States, approved by the law of the subject of the United States;

- when drawing up and approving the staffing table of the local government, the apparatus of the election commission of the municipal formation, the names of the posts of the municipal service provided for by the register of municipal service posts in the United States entity are used.

Based on the foregoing, the legislator made a distinction between municipal employees and persons who replace municipal offices , which include deputies, members of elected local self-government bodies, elected officials of local self-government, members of election commissions of municipalities operating on a permanent basis and being legal entities, with the right to a decisive vote.

Classification of posts of the municipal service is established by regulatory legal acts of local government in accordance with the register of posts of the municipal service of the subject of the United States.

Under the register of municipal service posts means the list of municipal service posts, classified by local government, election commissions of municipalities, groups and functional signs of posts, determined by historical and other local traditions.

As an example, we give the Register of posts of the municipal service in Volgograd, approved by the decision of the Volgograd City Duma on October 6, 2010 No. 37/1133; The register of municipal service posts established in the local government bodies of the Berezovsky urban district, approved by the decision of the Duma of the Berezovsky urban district of August 19, 2010, No. 150, which provides for the posts of the municipal service established to directly enforce the powers of the person replacing the municipal office. >

In addition, the register of municipal service posts in the United States entity may provide for the posts of the municipal service established to directly enforce the powers of the person replacing the municipal office. Such posts of the municipal service are replaced by municipal employees by concluding an employment contract for the term of office of the said person.

In accordance with paragraph 3 of Presidential Decree No. 557 of May 18, 2009, in order to implement Federal Law No. 273-FZ of December 25, 2008, "On Combating Corruption" municipalities accept registers of corruptly dangerous posts of the municipal service.

In accordance with the law the posts of the municipal service are divided into the following groups:

1) the highest posts of the municipal service;

2) the main posts of the municipal service;

3) the leading posts of the municipal service;

4) senior posts of the municipal service;

5) junior posts of the municipal service.

Undoubtedly, this division of posts of the municipal service is connected with the ratio of posts of the municipal service and the state civil service.

The civil service positions are divided into the following categories:

1) heads - positions of heads and deputy heads of state bodies and their structural divisions (hereinafter also referred to as the subdivision), positions of heads and deputy heads of territorial bodies of federal executive bodies and their structural divisions, posts of heads and deputy heads of representations of state bodies and their structural units, replaced for a certain term of office or without limitation of term of office;

2) assistants (advisers) - posts established to assist persons who replace public offices, heads of state bodies, heads of territorial bodies of federal executive bodies and heads of representations of state bodies in the exercise of their powers and replaced for a certain period, limited by the term of office specified persons or leaders; 3) experts - positions established for the professional provision of performance by state bodies of established tasks and functions and replaced without limitation of term of office; 4) providing specialists - positions established for organizational, informational, documentary, financial, economic, economic and other support of the activities of state bodies and replaced without restriction of term of office.

The civil service positions are divided into the following groups:

1) senior civil service positions

2) the main posts of the civil service;

3) leading civil service positions;

4) senior civil service positions

5) junior civil service positions.

Category Posts & "Leaders and assistants (advisors) are divided into the highest, leading and leading group of civil service positions.

Posts of the Experts category are subdivided into the highest, leading, leading and senior groups of civil service positions.

Professional category are divided into the main, leading, starting and junior groups of civil service positions.

Based on the above, we can determine the content of groups of posts in the municipal service:

1) the highest positions , for which the fulfillment of the responsibilities for the management of the municipality is provided:

- head of the municipal administration (appointed),

- the first deputy head of the administration of the municipal formation,

- deputy head of the administration of the municipal formation;

2) the main positions, for which the performance of duties related to the leadership of local government units is envisaged:

- chairman of the committee, head of department, department,

- manager of the affairs of the administration of the municipal formation,

- head of the territorial structural unit,

- chief accountant of the administration of the municipal formation,

- head (head) of the department;

3) Leading positions, for which the execution of responsibilities for the preparation and adoption of decisions by the management of municipal bodies, as well as the replacement of these persons:

- deputy chairman of the committee, deputy head of the department, department,

- deputy head (head) of the department,

- deputy administrator of the affairs of the administration of the municipal formation,

- deputy head of the territorial structural unit,

- Deputy Chief Accountant of the administration of the municipal formation,

- the head (manager) of the department as a part of the management, committee,

- the head (manager) of the sector in the management, committee, department,

- Consultant (management, department), assistant deputy head of the administration of the municipal formation,

- Chief accountant of the committee, management, department of the territorial unit, department,

- deputy chief accountant, committee, management, department, territorial unit, department;

4) senior positions established for the professional provision of performance by local governments of established tasks and functions and replaced without restriction of term of office:

- the main specialist,

- Leading Specialist

5) junior posts established for organizational, informational, documentary, financial and economic, economic and other support of the activities of local self-government bodies and replaced without limitation of term of office:

- specialist of the 1st category,

- specialist of the 2nd category,

is a specialist.

The direct relationship between the posts of the municipal service and the posts of the state civil service of the United States subject to the qualification requirements for the respective positions is established by the law of the subject of the United States. Classification of posts is supported by the list of qualification requirements and qualification categories, allowing to determine the level of managerial skill of a citizen in the job hierarchy.

With respect to municipal employees, qualification requirements are met:

1) to the level of professional education;

2) the length of the municipal service (public service) or the length of service in the specialty;

3) professional knowledge and skills necessary to perform job duties.

These qualification requirements are established by municipal legal acts on the basis of typical qualification requirements for the replacement of municipal service posts, which are determined by the law of the subject of the United States in accordance with the classification of posts of the municipal service;

4) citizens who apply for the post of municipal service, you must have:

- for higher and senior posts of the municipal service - higher professional education in the specialization of posts in the municipal service or in the specialty "state and (or) municipal government"; or an education considered to be equivalent, and at least three years of work experience in the specialty,

- for leading and senior posts of the municipal service - higher professional education in the specialization of posts in the municipal service or in the specialty "state and (or) municipal government"; or an education considered to be equivalent, and at least two years of work experience in the specialty,

- for junior posts of the municipal service - secondary vocational education.

In order to determine the compliance of the level of professional training of municipal employees with the qualification requirements for the replacement of municipal service posts, the law of a subject of the United States may provide for class ranks of municipal employees and establish the procedure for their assignment. Also, this law establishes the procedure for their retention when transferring municipal employees to other positions in the municipal service and when they leave the municipal service.

Based on the analysis of the legislation of US subjects, class ranks of municipal employees are awarded according to the results of a qualifying examination or certification.

Municipal employees can be assigned the following class ranks:

- the actual municipal adviser of the subject of the United States of 1st, 2nd and 3rd class - to the municipal employee who replaces the highest positions of the municipal service;

- the municipal adviser of the subject of the USA of 1, 2 and 3-rd class - to the municipal employee replacing the main posts of municipal service;

- Adviser to the municipal service of the United States subject 1, 2 and 3-th class - a municipal employee, replacing the leading posts of the municipal service;

- Senior Assistant to the municipal service of the United States subject 1, 2 and 3-th class - a municipal employee, replacing senior posts of the municipal service;

- the assistant to the municipal service of the subject of the United States of 1st, 2nd and 3rd class - to the municipal employee who replaces the junior posts of the municipal service.

As a rule, when a municipal employee is dismissed from service due to retirement, the municipal employee is considered to be retired and retains the class rank assigned to him. In the work record a record is made of his last position indicating "retired".

Consider the basis of legal status ( status ) of a municipal employee.

A municipal employee is a citizen who, acting in accordance with the procedure established by municipal laws in accordance with federal laws and laws of the United States entity, is responsible for the position of the municipal service for monetary maintenance paid from the local budget.

The main features of a municipal employee are:

- the presence of United States citizenship

- legal capacity;

- performance of duties on a post of municipal service;

- performance of duties at the expense of local budget.

Persons who do not fill the posts of the municipal service and perform duties on technical support of the activities of local self-government bodies are not municipal employees.

Under the legal status of a municipal employee understand the system of rights, duties, guarantees, restrictions, bans and responsibilities of a municipal employee that determines its position in various social relations.

Rights of a municipal employee - a statutory measure of the possible behavior of a municipal employee.

The basic rights of a municipal employee are:

1) acquaintance with the documents establishing his character and duties but replaced the position of the municipal service, the criteria for assessing the quality of performance of official duties and conditions for promotion but the service;

2) provision of organizational and technical conditions necessary for the performance of official duties;

3) payment of labor and other payments in accordance with labor law, municipal service law and employment contract (contract);

4) rest provided by the establishment of a normal duration of working (official) time, the provision of days off and non-working holidays, as well as annual paid leave;

5) Obtaining, in accordance with the established procedure, information and materials necessary for the performance of official duties, as well as making proposals on improving the activities of the local government, the election commission of the municipal formation;

6) participation on its own initiative in the competition for filling the vacant position of the municipal service;

7) training in accordance with the municipal legal act at the expense of the local budget;

8) protection of your personal data;

9) acquaintance with all the materials of his personal file, with reviews of professional activities and other documents prior to their entering into his personal file, as well as the attachment of his written explanations to the personal case;

10) association, including the right to form trade unions, to protect their rights, socio-economic and professional interests;

11) the consideration of individual labor disputes in accordance with labor law, the protection of their rights and legitimate interests in the municipal service, including appealing to the court of their violations;

12) pension provision in accordance with US law.

The duties of a municipal employee are a measure of the proper conduct of a municipal employee.

A municipal employee is required to :

1) comply with the Constitution of the United States, federal constitutional laws, federal laws, other regulatory legal acts of the United States, constitutions (statutes), laws and other regulatory legal acts of the United States, the charter of the municipal formation and other municipal legal acts and ensure their implementation;

2) perform official duties in accordance with the job description;

3) observe the rights and legitimate interests of citizens and organizations when performing job duties

4) to observe the rules of the internal labor regulations, the job description, the procedure for working with official information established in the local government body, the apparatus of the election commission of the municipal formation;

5) maintain the level of qualifications necessary for proper performance of duties;

6) not disclose information constituting a state secret or other secret protected by federal laws, as well as information that has become known to him in connection with the performance of his official duties, including information concerning the private life and health of citizens or affecting their honor and dignity;

7) to protect state and municipal property, including those granted to him for the performance of official duties;

8) submit in the prescribed manner the information provided by US law on themselves and their family members;

9) to inform the representative of the employer (the employer) of the withdrawal from the citizenship of the United States on the day of leaving the citizenship of the United States or acquiring the citizenship of a foreign state on the day of acquiring the citizenship of the foreign state;

10) to comply with restrictions, to fulfill the obligations not to violate the prohibitions established by this Federal Law and other federal laws;

11) to notify in writing of his immediate superior of personal interest in the performance of his duties, which may lead to a conflict of interest, and take measures to prevent such a conflict.

Restrictions and prohibitions related to the municipal service, are the legal limits of the rights and freedoms of municipal employees.

A citizen can not be admitted to the municipal service, and a municipal employee can not be in the municipal service in the event:

- recognition of his incompetent or limited effective court decision, entered into force,

- his conviction to a punishment that excludes the possibility of fulfilling his official duties as a municipal service, by a court verdict, which entered into legal force;

- the refusal to undergo the procedure for issuing admission to information that constitutes a state secret or other secret protected by federal laws, if the performance of official duties in the position of the municipal service for which the citizen claims to be a candidate, or for the position of the municipal service that is replaced by the municipal employee is associated with the use of such information ;

- the presence of a disease that prevents entry to the municipal service or its passage and confirmed by the conclusion of the medical institution.

- a close kinship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of the spouses and spouses of children) with the head of the municipality who heads the local administration, if the replacement of the municipal office is due to direct subordination or control to this official, or with a municipal employee, if the replacement of the post of municipal service is connected with direct subordination or control of one of them to another;

- termination of citizenship of the United States, termination of the citizenship of a foreign state party to an international treaty of the United States, according to which a foreign citizen has the right to be in the municipal service, to acquire the citizenship of a foreign state or to obtain a residence permit or other document confirming the right to permanent residence of a citizen of the United States on the territory of a foreign country that is not a party to the international treaty of the United States, and with which a citizen of the United States who has the citizenship of a foreign country has the right to be in the municipal service;

- the presence of citizenship of a foreign state (foreign states), except when the municipal employee is a citizen of a foreign state party to an international treaty of the United States, according to which a foreign citizen has the right to be in the municipal service;

- submission of forged documents or knowingly false information upon admission to the municipal service;

- non-submission of the foregoing by the Federal Law "On Counteracting Corruption"; and other federal laws of information or submission of knowingly unreliable or incomplete information when entering the municipal service.

In addition, a citizen can not be appointed to the position of the head of the local administration under the contract, and the municipal employee can not replace the position of the head of the local administration under the contract in case of close kinship or property (parents, spouses, children, brothers, sisters, and also brothers, sisters, parents, children of spouses) with the head of a municipal formation, and also a citizen can not be admitted to the municipal service after reaching the age of 65 years - the age limit established for the replacement of the post of municipal services s.

In connection with the passage of the municipal service, the public servant is prohibited :

- to be a member of the management body of a commercial organization, unless otherwise stipulated by federal laws or if, in the procedure established by a municipal legal act in accordance with federal laws and laws of a US entity, he is not entrusted to participate in the management of this organization;

- replace the position of the municipal service in the case of:

a) election or appointment to the US public office or to the public office of the subject of the United States, as well as in case of appointment to the public service post,

b) election or appointment to a municipal office,

c) electing a paid elective position in the body of the trade union, including in the elected body of the primary trade union organization established in the local government body, the apparatus of the election commission of the municipality;

- engage in entrepreneurial activities,

- to be an attorney or representative for the affairs of third parties in the local government, the election commission of the municipal formation in which he replaces the post of municipal service or who are directly subordinated or controlled to him, unless otherwise provided by federal laws;

- receive in connection with the official position or in connection with the performance of official duties of remuneration from individuals and legal entities (gifts, monetary compensation, loans, services, entertainment, recreation, transportation costs, etc.). Gifts received by a municipal employee in connection with protocol activities, with official business trips and with other official events, are recognized as municipal property and are transferred by the municipal employee according to the act to the local government body, the municipal election commission in which he replaces the municipal service, , established by the Civil Code of the United States;

- to travel on business trips at the expense of individuals and legal entities, except for business trips that are carried out on a reciprocal basis by agreement of the local government, the election commission of the municipality with local self-government bodies, election commissions of other municipalities, as well as with state authorities and bodies of local self-government of foreign states, international and foreign non-profit organizations;

- use for purposes not related to the performance of official duties, the means of material, technical, financial and other security, other municipal property;

- Disclose or use for purposes not related to the municipal service, information classified in accordance with federal laws to information of a confidential nature, or official information that has become known to him in connection with the performance of official duties;

- allow public statements, judgments and assessments, including in the mass media, regarding the activities of the local government, the election commission of the municipality and their leaders, if this is not part of their job duties;

- accept without the written permission of the head of the municipality the awards, honorary and special titles (except for scientific) foreign states, international organizations, as well as political parties, other public associations and religious associations, if his job duties include interaction with such organizations and associations;

- use the advantages of official position for pre-election campaigning, as well as for campaigning but referendum issues;

- use their official position in the interests of political parties, religious and other public associations, and publicly express their attitude towards these associations as a municipal employee;

- create in the local government bodies and other municipal bodies the structure of political parties, religious and other public associations (with the exception of trade unions, as well as veterans and other bodies of public initiative) or contribute to the creation of these structures;

- terminate the execution of official duties in order to settle a labor dispute;

- To be a part of the management bodies, guardianship or supervisory boards, other bodies of foreign non-profit non-governmental organizations and the US structural units operating in the territory of the United States, unless otherwise stipulated by the international treaty of the USA or United States law;

- engage in a paid activity, which is financed exclusively from foreign countries, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided for by an international treaty of the United States or United States law. >

A municipal employee who replaces the position of head of a local administration under a contract is not entitled to engage in other paid activities, except for teaching, scientific and other creative work. At the same time, these types of activities can not be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or US law.

A municipal employee who replaces the position of the head of a local administration under a contract is not entitled to be a member of the management bodies, guardianship or supervisory boards, other bodies of foreign non-profit non-governmental organizations, and their structural divisions operating in the United States unless otherwise provided by United States law.

A citizen after dismissal from the municipal service does not have the right to disclose or use in the interests of organizations or individuals confidential information or official information that became known to him in connection with the performance of his duties.

Responsibility of a municipal employee is the statutory possibility of unfavorable consequences for a municipal employee for failure to perform or improper performance of duties as a municipal service.

The main types of legal liability for municipal employees do not have any specific features. Only disciplinary responsibility can have some features.

For committing a disciplinary offense - failure to perform or improper performance by the municipal employee due to his fault of the duties assigned to him - the representative of the employer (employer) has the right to apply the following disciplinary sanctions:

- a remark;

- reprimand;

- dismissal from the municipal service on appropriate grounds.

In addition, a municipal employee who has committed a disciplinary offense may be temporarily (but no more than for one month), before deciding on the issue of one hundred disciplinary proceedings, suspended from performing job duties while maintaining the monetary content. The removal of a municipal employee from the performance of official duties in this case is carried out by a municipal legal act. The procedure for applying and removing disciplinary penalties is determined by labor law.

Thus, the main link of local government is the municipal authorities. Their personnel corps requires close attention. At the same time, the formation of a highly effective system of local self-government bodies, their qualitative improvement depends on the optimization of functions and structures of municipal bodies.

Successful implementation of local self-government tasks to improve the living conditions of people living in a particular territory is impossible without effective municipal service.

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