Types of civil servants
They are diverse. A number of classifications of civil servants is derived from classifications of public service types. For example, according to federative sign , civil servants can be federal or state employees of US entities. For functional purposes civil servants are divided into public civil servants, military personnel and law enforcement officers. Under features of the legal status and conditions for passing the civil service civil servants are divided into civil and militarized civil servants.
Civil servants can be subdivided depending on the types of state bodies in which they serve, on civil servants of legislative, executive and judicial authorities and other state bodies. Legislative bodies exercise legislative and supervisory functions with respect to executive bodies within the limits established by the US Constitution. For the successful performance of these important functions, for example, the houses of the Federal Assembly of the United States should have highly skilled personnel. Only such an apparatus is capable of ensuring the normal functioning of the parliament. The bodies of executive power carry out organizational, managerial and executive-administrative activities, ensuring the uninterrupted functioning of the state and its apparatus. In their system, more than 85% of civil servants are employed. Management requires, first of all, the ability to complex, systematic and prognostic vision of social phenomena, processes, relationships. These qualities are necessary for all managers who independently make managerial decisions and other public servants involved in the preparation of such decisions.
Of great importance is the classification of civil servants in terms of official authority , which provides for the division of civil servants into officials, operational and auxiliary technical staff:
- officials - implement internal organizational and external powers of state bodies (a special type of officials are representatives of the administrative authority that exercise state power in relation to persons who are subordinate to them in the service);
- operational composition - ensures the execution of the powers of state bodies by implementing their tasks and performing specific functions of these state bodies;
- auxiliary technical staff - ensures the execution of the powers of state bodies by performing security operations that do not fulfill the tasks of the bodies and performing functions common to any state bodies (organizational, information, documentation, financial and economic, economic, etc.) .
Depending on the length of service , it is possible to allocate civil servants who are appointed to public office for an indefinite period of time, for a certain period of time, with a probationary period (upon admission to the civil service).
Criteria for the division of civil servants are class ranks (ranks, ranks, ranks). Their peculiarity is that they are appropriated personally to each civil servant, taking into account his personal merits, according to the results of the qualifying examination or certification.
Everything related to the activities of public civil servants is usually regulated in social (ethical, organizational, technological, etc.) and legal norms that constitute the social and legal status of a public civil servant. It arises on the basis of the relevant legislation in connection with the replacement of a civil position. It is a particular position of the civil service that is the basis for characterizing the social and legal status of a civil servant.
The social and legal status of a civil servant is the measures established and guaranteed by the state for the proper and possible behavior of an employee in the field of public service relations.
With the change in state-service relations, the social and legal status of civil service is also changing
Giving (for example, raising, lowering, dismissal, resignation, retirement, etc.).
The basis of the social and legal status of a civil servant is eight groups of state and official norms , defining his rights, duties, restrictions, bans, demands, responsibilities, social security and guarantees. They predetermine the main content of state-service relations in which this employee participates.
Statutory norms are usually not established personally for every civil servant, but for the position he replaces, and therefore are derived from the tasks and functions of the public authority. These status norms are differentiated into two groups: general and special (specific, private). In turn, special status norms are also divided into two parts: basic and non-core (additional).
General legal status rules are the rules that apply to all civil servants, regardless of the type, branch, category and group of their posts.
Special rules of law - those that are installed depending on these structures.
In this case, special status standards are determined based on typical qualification characteristics, and special - under the influence of the needs of intra-structural and interstructural interactions. The general status norms are fixed in the Federal Law No. 79-FZ.
In Art. 14 of this Law is given a list of the basic rights of civil servants. Civil servant is entitled to:
1) ensuring the proper organizational and technical conditions necessary for the performance of official duties;
2) familiarization with the official regulations and other documents that determine his rights and responsibilities for the replaced position of the civil service, the criteria for assessing the effectiveness of the performance of official duties, performance indicators of professional performance and conditions of official growth;
3) rest provided by the establishment of normal length of office hours, the provision of days off and non-working holidays, as well as annual paid basic and additional holidays;
4) payment of labor and other payments in accordance with Federal Law No. 79-FZ, other regulatory legal acts of the United States and with an employment contract;
5) Obtaining information and materials necessary for the performance of official duties in accordance with the established procedure, as well as making proposals on improving the activities of the state body;
6) access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is related to the use of such information;
7) access in accordance with the established procedure in connection with the performance of official duties in state bodies, local self-government bodies, public associations and other organizations;
8) acquaintance with reviews of his professional service activities and other documents prior to their entering into his personal file, materials of a personal file, as well as to attach his written explanations and other documents and materials to the personal case;
9) protection of information about a civil servant;
10) official growth on a competitive basis;
11) additional vocational education in accordance with the procedure established by Federal Law No. 79-FZ and other federal laws;
12) membership in the trade union;
13) consideration of individual service disputes in accordance with this Federal Law and other federal laws;
14) carrying out an official check on his application;
15) protection of their rights and legitimate interests in the civil service, including appealing to the court of their violation;
16) medical insurance in accordance with the aforementioned Federal Law and the federal law on medical insurance of civil servants of the United States;
17) state protection of their life and health, life and health of their family members, as well as property belonging to it;
18) state pension provision in accordance with federal law.
The special basic rights of civil servants are also determined by the specifics of the position held by him. These include, for example, the right to adopt secondary by-laws, disposition of property, disciplinary practice with respect to subordinates, sighting of documents prepared in this body, etc. Among the special additional rights may be the right to technical control over the execution of assignments by employees, the state of safety in the premises, the use of various office equipment, computers, etc.
No less important in the social and legal status of a civil servant is his official duties. Article 15 of Federal Law No. 79-FZ establishes the following basic duties of civil servants. Civil servant is obliged :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 normative legal acts of the United States entities and ensure their implementation;
2) perform official duties in accordance with the official regulations;
3) observe the rights and legitimate interests of citizens and organizations when performing job duties
4) execute the orders of the relevant managers, data within their authority established by the legislation of the United States;
5) to protect state property, including those granted to him for the performance of official duties;
6) observe the official order of the state body;
7) maintain the level of qualifications necessary for the proper performance of their duties;
8) not disclose information constituting a state secret or other secret protected by federal law, 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;
9) submit in the prescribed manner the information provided by the federal law about themselves and their family members;
10) to report the withdrawal from the citizenship of the United States or to acquire the citizenship of another state on the day of withdrawal from the citizenship of the United States or on the day of acquiring the citizenship of another state;
11) comply with restrictions, fulfill obligations and requirements for official behavior, do not violate the prohibitions established by Federal Law No. 79-FZ and other federal laws;12) to inform the representative of the employer about his personal interest in the performance of his duties, which may lead to a conflict of interests, and take measures to prevent such a conflict.
Thus, we see that the duties of a civil servant are interrelated with his rights and, together with them, make it possible to make the government system more efficient.
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