Register of posts of municipal service in the subject of the United States
In order to establish the procedure for the establishment and description of the names of posts in the municipal service, Federal Law No. 25-FZ introduces the concept of the "register of municipal service posts." The term "registry" means: 1) list, list, inventory; 2) a book for recording cases, documents, property, etc. Thus, the register is created to record the content of certain information, as well as establish the order of the relationship between the information and a certain person. The mechanism for creating a registry is characterized by the fact that information is only accessed through special legal procedures. In the context under consideration, the register is a list of posts classified by group.List of municipal service posts in the subject of the United States - a list of the names 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.
In the register of posts of municipal service in the subject of the United States may be provided posts of municipal service, established for the direct enforcement of 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 the US, laws have been adopted that regulate the procedure for creating and using registers for municipal service posts. In this case, as a rule, two variants are used.
The first option is when the register of municipal service posts in the US entity is an annex (part) of the basic law of the United States entity on municipal service. This option is used, for example, in the republics of Komi and Khakassia, Khabarovsk the Amur, Vladimir, Volgograd, Voronezh, Kirov, Kursk, Magadan, Moscow, Murmansk, Nizhny Novgorod, Novgorod, Orel, Penza, Ryazan, Sakhalin and Tomsk regions.
The second option envisages the adoption of a special law on the register of municipal service posts in the United States entity. This option is more prevalent and characteristic, in particular, for such subjects of the United States as the republics of Adygea, Bashkortostan, Buryatia, Ingushetia Dagestan, Mari El, Sakha (Yakutia), North Ossetia-Alania, Tatarstan, Tyva, Karachaevo-Cherkessia and Chechen republics, Transbaikal, Krasnodar, Krasnoyarsk, Perm, Primorsky and Stavropol Territories, Ivanovo, Irkutsk, Kaluga, Kostroma, Lipetsk, H Omsk, Orenburg, Pskov, Rostov, Samara, Sverdlovsk, Tula, Ulyanovsk, Chelyabinsk and Yaroslavl regions, a city of federal significance in St. Petersburg, the Jewish Autonomous Region, the Khanty-Mansi Autonomous Area.
Moscow City Law "On municipal service in the city of Moscow"; (Article 1) it is determined that in the register of posts of the municipal service may be provided for the posts of the municipal service established for the direct enforcement of the powers of the person replacing the municipal office, which are replaced by municipal employees by concluding an employment contract (contract) for the term of office of the said person.
The Law of the Republic of Bashkortostan of July 16, 2007 No. 453-3 "On Municipal Service in the Republic of Bashkortostan"; (Article 2) establishes that the Register of posts of municipal service in the Republic of Bashkortostan - the list of names of municipal service posts, classified by local government bodies, election commissions of municipal entities, groups and functional signs of posts, determined by taking into account historical and other local traditions. The positions of the municipal service should be classified not only by groups, but also by local governments and officials whose activities need support. These include, first of all, the head of the municipal formation, the representative body of the municipality and the local administration, as well as the control and accounting body of the municipal formation and the election commission of the municipality. The classification of local government , of course, should be taken into account when forming a register of municipal service posts in the United States.
As for the classification of municipal service posts for functional purposes , here we should act by analogy with civil service positions, namely, to allocate managers, assistants, specialists and providing specialists.
Managers - positions of heads and deputy heads of local self-government bodies (the election committee of the municipal entity) and their structural units, replaced for a certain term of office or without limitation of term.
Assistants (advisers) - positions established to assist persons replacing municipal offices, heads of local government in the exercise of their powers and replaced for a certain period, limited by the term of office of the said persons or managers.
Specialists - positions established for the professional provision of the local government (election commission of the municipality) with established tasks and functions and replaced without restriction of the term of office;
Providing specialists - posts, established for organizational, information, documentary, financial, economic, economic and other support of the activity of the local government (election commission of the municipal formation) and replaced without limitation of term.
In the laws of the United States of America on municipal service, as a rule, the rule is that the position of the municipal service is recognized only the position , included in the register. For example, Art. 2 of the Law of the Republic of Bashkortostan of December 7, 2012 No. 617-3 "On the Register of posts of municipal service in the Republic of Bashkortostan"; sets:
- the municipal service in the Republic of Bashkortostan is carried out on the posts of the municipal service established by the Register of posts of the municipal service in the Republic of Bashkortostan;
- when drafting 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 by the Register are used. At the same time, the dual name of the post of municipal service is allowed (in this case, the legal position of the post, qualifications for the position, cash position and other issues related to the replacement of the position are determined by the first title of the post).
Therefore, it can be concluded that the legal status of a municipal service post actually does not arise from the moment of its establishment by a local government , but from the date it was included in the register. In the same way, the post of municipal service retains its status until it is listed in the register.The register of posts of the municipal service promotes the implementation of the principle of unity of the basic requirements for the municipal service, as well as the increase of the efficiency of the work of local self-government bodies, the apparatuses of the election commissions of municipalities, being the sole source of the systematization of posts of municipal service in the subject, USA.
It should be noted that Federal Law No. 25-FZ does not mention the "specialties of municipal service" , but it does not contain prohibitive norms regarding the specialization of posts of the municipal service. The latter means that the establishment of specializations for municipal service posts can be decided by the US entity independently. At the same time, it is quite possible to approve the list of specializations for municipal service posts by analogy with the register of municipal service posts in the United States entity. In this case, the legal status and the name of the posts of the municipal service will determine not only their register, but also a list of specializations.
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