POSTS OF THE MUNICIPAL SERVICE. LEGAL STATUS (STATUS) OF THE...

PUBLICATIONS OF THE MUNICIPAL SERVICE. LEGAL STATUS (STATUS) OF THE MUNICIPAL SERVICE

As a result of studying this chapter, students will:

know

• the content of the term "municipal service post";

• features and distinctive features of the municipal office;

• conceptual and categorical apparatus of the status of a municipal employee;

• professional requirements for the activities of a municipal employee;

be able to

• To summarize and systematize various approaches to the analysis of the posts of the municipal service;

• Identify and classify the posts of the municipal service;

• use the knowledge gained about the specifics of the municipal office;

• competently navigate in the content of the status of a municipal employee;

• independently evaluate the municipal service as a professional activity;

own

• modern technologies for analyzing the content of the concept of "public service post";

• skills in system analysis of the differences between a municipal position and other types of professional activity;

• the skills to find the information necessary to determine the status of a municipal employee;

• Skills in working with academic and scientific literature on the professional and professional activities of municipal employees.

Concept and content of municipal service posts

Definition of the term post often found in legal literature, where its content is mandatory disclosed through a set of duties, powers and responsibilities. The post is considered as an organizational and legal category. Such an approach captures the status character of a position, not fully reflecting its social essence.

It should be noted that the municipal service begins with the appointment of a person to a certain position, and from that moment the specialist receives the status of a municipal employee. Therefore, the concept of post is the key in the municipal service system. In this regard, there was an urgent need for a systematic approach to the conceptual-categorical apparatus in defining the concept of "municipal office."

Terms post & quot ;, office of the municipal service & quot ;, position in the executive branch more often considered by lawyers in terms of regulatory and legal regulation of this legal phenomenon. The social essence of a post can be expressed through its role definition, its activity content. With this approach, a position can be defined as an established (constructed) social role performed by a person in state, public, private organizations, enterprises and institutions. Thus, the concept of position it is possible to express the formal social role that emerged as a result of the division of managerial work in the organizational structure.

The post is the primary focus, the initial organizational and structural unit of state bodies, state enterprises, institutions and organizations that determines the official place and position of participants in the management process. At the same time, the concept of position can be considered as one of the signs of the organizational and legal status of the municipal employee, since the legal acts of the competent authorities determine its name, place in the service hierarchy, the order of substitution; it is included in the staff list, in a single nomenclature of municipal positions.

So, defining the content and legal nature of the notion "municipal office", the scientists distinguish the following approaches: functional, organizational, status-legal and financial.

The functional approach assumes consideration of posts as elements of the functional nature of the civil service. Within the framework of this approach, the position is considered as an established set of duties and corresponding rights that determine the place and role of an employee in a state or public body, enterprise, institution or organization. Thus, emphasis is placed on the relationship of the state and the municipal employee in the performance of functions that are justified by the state will.

The organizational approach assumes considerat