Chapter 13. Regulatory framework for civil service
The preparation of citizens for the state civil service is carried out in the forms established by the Federal Law "On the State Civil Service of the United States" and other normative legal acts of the USA. They determine the procedure for admission to civil service, the replacement of vacant posts on a competitive basis, the civil service, the grounds and consequences of cessation of civil service and other procedures.
13.1. Technology of selection of persons for civil service
According to Art. 21 of the Federal Law "On the State Civil Service of the United States"; Citizens of the United States who have reached the age of 18, who speak the state language and meet the qualification requirements established by this Federal Law, may enter the civil service. The maximum age of stay in the civil service is 65 years.
Professional performance of civil servant is carried out in accordance with the official regulations, approved by the representative of the employer and being an integral part of the administrative regulations of the state body.
The entry of a citizen into the civil service for the replacement of a civil service post or replacement by a civil servant of another civil service position in accordance with the law (Article 22) is carried out according to the results of the contest. The contest is to assess the professional level of applicants, their compliance with the established qualification requirements for the civil service position. In addition to the Federal Law "On the Civil Service of the United States" Procedures for admission to civil service are also regulated by the Decree of the President of the United States of February 1, 2005 No. 112 "On competition for filling the vacant position of the state civil service of the United States."
An applicant for a civil service position may be denied admission to the competition due to the candidate's incompatibility with the qualification requirements for the vacant civil service position and the restrictions established by this law for admission to the civil service and its passage. An applicant who is not admitted to the competition has the right to appeal this decision in accordance with the federal law.
The contest is held in two stages. At the first stage, the state body publishes an advertisement on the receipt of documents for participation in the contest in at least one periodical printed publication, and places information on the contest on the website of the state body in the information and telecommunications network of the general use (Runet, Internet).
The decision on the date, time and place of the second ethane competition was representative of the employer after verification of information submitted by applicants for the vacant position of the civil service, as well as after registration if necessary access to information constituting state or other secrets protected by law.
For the conduct of the contest, an act of the relevant state body forms a competitive commission. The tender commission includes the representative of the employer and (or) civil servants authorized by him (including from the units of the state body for civil service and personnel, the legal department and the unit where the competition for the vacant civil service is held), the representative of the relevant body on the management of public service, as well as representatives of scientific and educational institutions, other organizations invited by the governing body of the state Artistic service at the request of the representative of the employer as independent expert experts on issues related to the civil service, without specifying the personal data of experts. The number of independent experts should be at least one quarter of the total number of members of the competitive commission.
The competitive commission consists of the chairman, the vice-president, the secretary and members of the commission. A state body may form several competitive commissions for different categories and groups of civil service positions.
When holding a competition, the contest committee evaluates candidates based on the documents on education, civil or other civil service submitted by them, on the performance of other work activities, and on the basis of competitive procedures using methods that are not inconsistent with federal laws and other US regulatory enactments evaluation of professional and personal qualities of candidates, including individual interviews, the use of polygraph (lie detector), questioning, conducting groups ovyh discussions, essay writing or testing on the issues related to the performance of official duties of vacant civil service to fill that candidates claim.
The composition of the competitive commission should exclude the possibility of a conflict of interests that may affect the results of decisions made by the commission. The applicant has the right to appeal the decision of the competitive commission in accordance with the current legislation.
A citizen enters the civil service based on the results of the competition on the basis of an act of the state body on his appointment to the civil service post (Clause 1, Clause 26) and the service contract. Consequently, the service contract is based on the results of the competition, but only on the basis of the act of the state body on the appointment of a citizen to the civil service position. This procedure, unfortunately, is repeated in the aforementioned presidential decree. It says: "As a result of the competition, an act is issued about the appointment of the winner of the competition to a vacant civil service position and a service contract is concluded with the winner of the contest."
The act of the state body is an order of the representative of the employer about appointment to the post of civil service. Service Contract is an agreement between the representative of the employer (the political head of the state body) and the citizen entering the civil service, or civil servants about the civil service and the replacement of the civil service post. The service contract establishes the rights and obligations of the parties. A citizen entering the civil service, when concluding an employment contract, presents to the representative of the employer the documents specified in art. 26.
The representative of the employer undertakes to provide the citizen or a civil servant with the opportunity to replace a certain civil service position, ensure that they pass and replace the civil service position, pay the civil servant timely and in full the amount of money and provide him with state social guarantees.
In the service contract, the surname, name, patronymic of the citizen or civil servant and the name of the state body (name, patronymic of the representative of the employer) are indicated. Essential terms of the service contract are:
1) the name of the replaced civil service position indicating the structural subdivision of the state body;
2) the date of commencement of duties;
3) rights and duties of civil servants, job regulations;
4) types and conditions of medical insurance for civil servants and other types of insurance;
5) the rights and duties of the representative of the employer;
6) the conditions of professional performance, compensation and benefits provided for service activities in difficult, harmful and (or) dangerous conditions;
7) the regime of official time and rest time (in the case when it differs from a civil servant from the rules of service established in the state body);
8) terms of payment of labor (the size of the official salary of a civil servant, allowances and other payments, including those related to the performance of his professional performance), established by federal laws and other regulatory legal acts;
9) types and conditions of social insurance associated with professional performance.
In the service contract, the following conditions can also be provided:
- test when entering the civil service; non-disclosure of information constituting state secrets and official information, if the official regulations provide for the use of such information;
- the duty of a person to pass civil service after the completion of training in an educational institution of vocational education not less than the period established by the contract, if the training was carried out at the expense of the appropriate budget;
- performance indicators of professional civil service activities and related conditions for payment of his labor;
- other conditions that do not impair the civil servant's position in comparison with the provision established by this federal law, other laws and other normative legal acts.
Terms of the service contract can be changed only by agreement of the parties and in writing. In the event of the conclusion of an urgent service contract, it specifies the period of its validity and the circumstances (reasons) that served as the basis for concluding an urgent service contract.
The service contract provides for the parties' liability for failure to perform and improper performance of their obligations and obligations in accordance with US law. It is forbidden to demand from a civil servant the performance of official duties not established by an employment contract and official regulations.
The service contract is in writing in two copies, each of which is signed by the parties. One copy of the service contract is transferred to a civil servant, the other is stored in his personal file with the representative of the employer. An approximate form of the service contract is established by the President of the United States. Currently, it is approved by Decree of February 16, 2005 No. 159.
In accordance with Art. 25 of the Federal Law "On the State Civil Service of the United States"; for the replacement of the civil service post, the representative of the employer can conclude a contract with a civil servant in two forms: for an indefinite period and an urgent service contract.
Urgent service contract for a period of one to five years is included, unless another period is established by federal law. An urgent service contract is concluded in cases when relations related to the civil service can not be established for an indefinite period, taking into account the category of the replaced civil service position or conditions of civil service.
With a civil servant who replaces a civil service post in accordance with a service contract that has been concluded for an indefinite period and has reached the age of 60 years, a fixed-term employment contract for one to five years is concluded.
The replacement of a civil service post by a civil servant upon reaching the age limit for a civil service (65 years) is not allowed. After reaching the specified age by the decision of the representative of the employer, a fixed-term employment contract is concluded with him for the replacement of a post that is not a civil service position, taking into account the qualifications, results of professional performance in the civil service, health status and civil service position that the specified citizen replaced.
A service contract can not worsen the conditions for the passage of civil service and infringe on the rights of a civil servant established by federal legislation and other US regulatory enactments. The service contract comes into force from the date of its signing by the parties, unless otherwise stipulated by federal laws, other regulatory legal acts of the USA or an employment contract.
When replacing a civil service post, the representative of the employer is obliged to familiarize the civil servant with the rules of the official order in force in the state body, other normative acts related to the performance of official civil servants duties. After appointment to the post of civil service, a civil servant is given a service certificate of the established form.
The test for appointment to the civil service position may be due to the agreement of the parties in order to establish its compliance with the replaced position (Article 27). The test period is set for a duration of three months to one year. The condition of the test must be indicated in the act of appointment to the civil service post and in the service contract. The absence in the act of appointing a civil service and an office contract for a test condition means that a civil servant has been accepted without testing. During the test period, the civil servant is subject to the provisions of the law, other laws and other normative legal acts on the civil service.
At the end of the prescribed period of the test, in the absence of a civil servant of the corresponding replaced position of the civil service of the class rank, a qualification examination is conducted, according to which the civil servant is assigned a class rank in accordance with Art. 11 of the Federal Law.
If the test result is unsatisfactory, the representative of the employer has the right:
- provide a civil servant with a previously replaced civil service position;
- before the expiry of the test period, terminate the service contract with a civil servant, having warned him about it in writing no later than three days, indicating the reasons that served as the basis for the recognition of this civil servant who did not pass the test. The decision of the representative of the employer civil servant has the right to appeal in court.
If the test period has expired and the civil servant continues to replace the civil service position, then he is considered to have passed the test.
Until expiration of the test period, a civil servant is entitled to terminate an employment contract at his own will, having warned the representative of the employer in writing not later than three days.
The registration of personal data and the conduct of the personal business of a civil servant is carried out by the personnel service of a state body that is obliged to comply with the requirements of the law specified in art. 42 of the law. A civil servant who is guilty of violating the rules governing the receipt, processing and transfer of personal data of another civil servant is liable in accordance with this federal law and other federal laws.
The personal file of a civil servant is entered his personal data and other information related to entering the civil service, its passage and dismissal from the civil service and necessary to ensure the activities of the public authority. The Regulation on the personal data of a public civil servant and the conduct of his personal affairs is approved by the President of the United States. At present, it is approved by the Decree of May 30, 2005, No. 609.
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