Tver - 2015

LECTURES ON THE DISCIPLINESTATE AND MUNICIPAL SERVICE

Senior teacher Vishnyakova M.I.

Topic 1. The concept of the Civil Service and its content

Goals, tasks and functions of the public service

The system of state and municipal service

Principles of public service

The state, as the main subject of management, always has its own goals, objectives and functions. These tasks and functions are practically implemented by persons specially trained for this - officials (civil servants). The work of the state depends on civil servants.

The concept of public service, the emergence of public service

What we call "Public service" in all the leading countries of the world is called "public" (public). The term "Public civil service" in our country began to be used only since 2009 with the adoption of the Federal Law "On the system of public service of the Russian Federation" dated 05.27.2003 N 58-FZ, where it was classified (according to types) into: civil service, military service and law enforcement.

In practice (what we are accustomed to) what in other countries is a service to society, to the people, we call a service to the state - this is such a bias and not in our favor, it is fraught with consequences that have already manifested itself - a large separation of public service from the population, from the real reality.

In foreign countries, the concept of civil service is much broader and includes all persons in the service of any state bodies and any state institutions (doctors, teachers).

Our concept and essence are narrowed down and include only officials (managers). The rest are government employees. This is an undemocratic approach. The stratum of officials is essentially the same stratum of party workers. By the way, the municipal service is also non-state.

One of the areas of human activity is service, the essence of which is management.

The concept of "Service" is used in different ways:

A) as a type of human activity (profession);

B) as an institution (social, legal, organizational, political);

C) as a system of special state bodies, management approaches;

D) as a spiritual activity

E) a set (toolkit) of technologies and mechanisms.

A special type of service is the public service.

Civil Service (CS) - professional service activities of citizens to ensure the execution of the powers of state bodies, and persons holding public positions.

Professional, that is, it assumes that a person has an appropriate professional education and relevant specialization.

Service, since there is also a state-political one for the direct execution of the powers of state bodies lies outside the GS.

This is an activity of a state-significant nature.

The main component of the GS is the conscious service of a person to the state and society.

The feeling of service raises high:

• the importance of labor;

  gives a person self-realization;

  a sense of pride in doing important work.

Municipal Service (MS) - professional service activities of citizens, carried out on a permanent basis in positions of the municipal service, replaced by concluding an employment contract.

HS is not an invention of our days. It has a long history.

When people created communities, a division of labor invariably arose and, accordingly, there were "officials" exercising power. There was a need to unite these persons in groups (services).

The HS system was highly developed in Ancient Rome (senators, consuls, dictators, prefects, judges, assessors).

In Byzantium, there are many layers - basileus, epanagogues, doukas, polemarchs, archons.

The development of a modern European-type HS (including Russia) is associated with the emergence of territorial states, the development of the state apparatus, the introduction of a monetary system and taxes from the population. The service was needed to streamline activities, coordination.

The creator of the HS in Russia was PeterI. Catherine II, Alexei II, the reformers Speransky, Stolypin, Witte also played a huge role in reforming the SMS.

Besides:

Karamzin - History of the Russian state - a work by N. M. Karamzin, describing Russian history from ancient times to the reign of Ivan the Terrible and the Time of Troubles;

Tatishchev Russian history from the most ancient times.

Formation and development of the GS Institute in post-Soviet Russia(1993-2003) proceeded in accordance with the Constitution of the Russian Federation of 1993 and the Federal Law of July 31, 1995 N 119-FZ "On the Fundamentals of the Public Service of the Russian Federation". Treat HS as a professional activity.

2003 Federal Law No. 58-FZ of 27.05.2003 "On the System of the Public Service of the Russian Federation" interpreted the civil service as a professional service activity. In addition, the law divided the Civil Service into: civil service, military service and law enforcement service.

2004 Federal Law No. 79-FZ of July 27, 2004 (as amended on December 31, 2014) "On the State Civil Service of the Russian Federation".

The municipal service is non-state and its activities are regulated by the Federal Law of October 6, 2003 N 131-FZ (as amended on December 29, 2014) "On the General Principles of Organizing Local Self-Government in the Russian Federation" (October 06, 2003).

There is a certain relationship between HS and MC:

The unity of the basic qualification requirements (experience, education, knowledge of laws, general professional knowledge) for civil and municipal service positions;

The unity of restrictions and obligations in the course of state and municipal service;

Unity of requirements for professional training, retraining, advanced training;

Accounting for the length of service in the municipal service when calculating the length of service in the civil service and vice versa;

The ratio of the main conditions of remuneration and social guarantees for civil and municipal employees;

Correlation between the conditions of state pension provision for civil and municipal employees.

Differences:

Regulated by various federal laws: GS - FZ No. 58 and No. 79, MS - FZ No. 25 and No. 131;

LSG is non-state, as LSG bodies are not included in the system of state authorities;

The MS is financed from the local budget, the Federal Service - the Federal budget, the service of the subjects - the budget of the subject.

Tasks MS are connected with ensuring independent decision by the population of issues of local importance, and GS - ensuring the execution of the powers of state bodies.

Goals, tasks and functions of the HS

One of the serious problems of the HS is the definition of goals, objectives, functions of the HS: the concept and principles of the HS of Russia are legally defined and fixed in the legislation, but the goals, objectives and functions are not.

In this regard, the "Target of goals" of the HS remains problematic and debatable.

From a level point of view, the goals of the GS are divided into: strategic, operational (medium-term) and fluid.

The main strategic goal of administrative power is to serve the interests of the state, society and people.

Medium-term goals: quality assurance of the performance of tasks and functions of the SG; improving work efficiency.

Current goals: performance evaluation of employees (certification, qualification exam).

From an industry point of view, the goals of the GS are divided into: political and administrative, social, economic, legal, organizational.

Political and administrative goals: strengthening the state, performing the functions of the state, ensuring the unity and stability of state power in the country, creating conditions for interaction between the state and society.

Social goals: support of the social sphere in the field of education, healthcare, social conflicts, ensuring employment in the labor market.

Economic goals: improving the efficiency of state regulation of the economy and management of state property, support for entrepreneurship.

Legal goals: implementation of laws, legal acts of state authorities, provision of legislative activity, creation of legal conditions for the organization and functioning of the state apparatus.

Organizational goals: organizational and technical support of public authorities, increasing the level of professionalism and competence of public civil servants, bringing the structure and size of the Civil Service in line with the tasks ahead.

HS functions.

We do not have clear grounds for defining the essence and classification of HS functions.

The tendency to mix the functions of the state and the State Council prevails, which is not entirely justified.

The HS can be characterized as a set of specific functions of all state bodies and civil servants.

Classification in terms of substantive activities of state bodies:

Administrative- selection, selection, placement, coordination, coordination;

Organizational and administrative- prohibitions, orders, prescriptions;

Legal - NPA activities;

Service- provision of services;

social;

Economic– management of finances, state property;

cultural;

Educational- own example, role model, humanity, tolerance, focus on the population, anti-corruption measures.

Classification in terms of essential aspects:

As a professional activity– practical implementation of public administration in the area of ​​responsibility (forecasting, planning, coordination, motivation, organization, professional training, observance of official discipline) restrictions and prohibitions;

As a legal institution– compliance with the law, regulation of the legal status of employees;

as a social institution– implementation of functions in the interests of citizens / for citizens, provision of services to the population;

as a political institution– definition of strategy, directions.

Classification from a legal point of view:

Law enforcement function– implementation in practice of the Constitution of the Russian Federation, federal laws, laws of the constituent entities of the Russian Federation. This function is carried out through the actual execution of state positions of the GS and the adoption of management acts on the implementation of laws.

Law-making function– development and adoption of normative legal acts. The SG manifests itself in such an area as the preparation of laws in the Federal Assembly and the parliaments of the constituent entities of the Russian Federation (the Legislative Assembly of the TO).

Advocacy function- Ensuring the rights and freedoms of the citizen. The GS is designed to serve the needs and interests of citizens, improve the legal protection of the individual, apply measures of state coercion in cases established by law, provide citizens and organizations with public services.

Regulatory function (this is the GRE)– development and implementation of state policy in all spheres of society. This includes the development of goals, principles, policy objectives. The GS manifests itself in the preparation of state activity programs, political decision-making (privatization, investment activity, reform).

The task of the GS is to ensure the coordination of the interests of various social groups, to ensure the representation of all social strata of society (especially those that do not determine the life of the state). Taking measures of state coercion against individuals and legal entities.

organizational function- ensuring the practical implementation of the competence (powers, rights and obligations) of state bodies, their stable functioning. The GS coordinates the activities of state bodies, uniting them into a single state apparatus (holding coordination meetings, conferences, meetings, examinations, inspections).

Classification in terms of the specifics of the activity:

General functions of the HS– implementation of the state personnel policy at the level of the federal authorities and the authorities of the constituent entities of the Russian Federation, the formation of a register of public positions, the organization of the public service, methodological guidance for professional training, analysis of the state and effectiveness of the public service in public authorities, control over the activities of public service personnel, coordination of activities for the implementation goals arising from the Federal Law, etc.

Specific general functions of the HS- protection of the state border, ensuring the country's defense capability, increasing the people's well-being, social protection of the population, state regulation of prices.

Auxiliary functions of the HS designed to serve the activities of state bodies within the framework of the main functions - office work, legal services, logistics.

Special functions of the HS reflect the features of the object of state activity - the study of public opinion, special state supervision.

The GS is the guarantor of non-partisanship, disinterestedness, competence, and reliability of the state apparatus.

Functions of the municipal service (they are more specific) - the practical implementation of the legal norms of the Institute of International Relations:

Development of a draft local budget, a report on its implementation, provision of the local budget;

Development, organization of socio-economic programs for the development of the territory;

Development of legal acts on issues of local importance;

Management and disposal of municipal property;

Management and management of MUP (municipal unitary enterprises) and MU (municipal institutions);

Implementation of powers delegated by public authorities.

The MC is called upon to protect the rights and legitimate interests of the Moscow Region and the population of the Moscow Region.

GS system. Types and levels of HS

In accordance with the Federal Law of May 27, 2003 N 58-FZ "On the system of public service of the Russian Federation", it is legislatively fixed that the HS system includes two levels (level classification): the federal state civil service and the state civil service of the subject of the Russian Federation.

In turn, the Federal State Civil Service is subdivided into:

state civil service;

military service;

law enforcement service.

The state civil service of a constituent entity of the Russian Federation includes only the state civil service.

The legal regulation and organization of the FGGS is under the jurisdiction of the Russian Federation, the legal regulation of the SSSF is under the joint jurisdiction of the Russian Federation and the subject of the Russian Federation, and its organization is under the jurisdiction of the subject of the Russian Federation (NPB in the subject should not contradict the Federal Law on the HS).

*Organization - organizational structure, staffing, salaries, additional guarantees.

GGS - a type of CS, which is a professional service activity of citizens in the positions of the State Statistical Service to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation and constituent entities of the Russian Federation.

FGS - professional service activities of citizens to ensure the execution of the powers of the Russian Federation, federal state authorities, other federal state bodies, persons holding public positions in the Russian Federation;

FGS implements on behalf of the state GS throughout the country.

Federal government positions are divided into FGGS positions, PS positions and positions of the Armed Forces. At the same time, various types of GS positions (Ministry of Internal Affairs, Customs Service) can be established in the federal body.

FGGS - professional service activities of citizens in the positions of the federal state civil service to ensure the execution of the powers of federal state bodies and persons holding public positions in the Russian Federation.

GGSSF - professional service activities of citizens in the positions of the state civil service of a constituent entity of the Russian Federation to ensure the execution of the powers of a constituent entity of the Russian Federation, as well as the powers of state bodies of a constituent entity of the Russian Federation and persons holding public positions of a constituent entity of the Russian Federation.

Sun - a type of federal public service, which is a professional service activity of citizens in military positions or not in military positions in cases and under the conditions provided for by federal laws and (or) regulatory legal acts of the President of the Russian Federation, in the Armed Forces of the Russian Federation, other troops, military (special ) formations and bodies performing functions to ensure the defense and security of the state. Such citizens are assigned military ranks.

The function is not management, but provision! (Ministry of Defense, FSB, Internal Troops of the Ministry of Internal Affairs).

PS - a type of federal public service, which is a professional service activity of citizens in law enforcement positions in state bodies, services and institutions that perform the functions of ensuring security, law and order, combating crime, protecting the rights and freedoms of man and citizen. Such citizens are assigned special ranks and class ranks (the Prosecutor's Office, the Ministry of Internal Affairs, the Ministry of Justice, the Customs Service).

FGGS. According to the branches of government, the FGGS is classified:

FGGS legislature designed for professional organizational, expert, information-analytical, documentary support of the legislative process (parliamentary service)

GGS of the Federation Council- Office of the secretariats of the Chairman of the Federation Council and his deputies, the Central Office, assistants to the members of the Federation Council, the Press Service Department, the Legal Department, the Records Management Department, the Analytical Department, Committees, Commissions. Chairman, his deputies and members of the Federation Council - replace public positions, but are not part of the SG.

GGS of the State Duma- employees of Apparatuses, Departments, full-time assistants to deputies. Deputies and employees of apparatuses are not civil servants.

FGGS executive branch - Ensuring the executive process - the President, the Prime Minister, Ministers are not civil servants (they replace public positions). Heads of Agencies and Services are also not part of the SG.

The HS is concentrated in Secretariats, Offices, Divisions and Departments.

FGGS of the judiciary – Judges of all courts and all levels are not civil servants. These are persons who hold public office in the Russian Federation.

Only employees of the Apparatus, Secretariat, Departments, Departments, referents, consultants.

HS principles

Under HS principles understands the basic ideas, the initial provisions of its structure, organization and functioning, put forward as a result of scientific generalization of the practice of HS, taking into account international experience.

The Principles establish the basic rules of administrative management. They form the basis for the formation and further development of the CS at all its levels, types and branches of government.

The principles define the legal and organizational content.

Principles are subjective. They are formed by the legislator (person) based on the legal experience and legal culture in the country.

All the principles in the aggregate are organically interconnected and reflect the essence, content and forms of implementation of the HS.

All public authorities are obliged to implement these principles. All civil servants are obliged to be guided by them in their work (when organizing a competition for the SGS, selection, selection, rotation, certification).

Principles of construction and functioning of the HS:

The principle of federalism is a constitutional principle. Assumes and ensures the unity of the HS system and delimits the subject of jurisdiction and powers between the federal and regional authorities.

In Russia, there are 2 levels of HS - FGS and GSSF. They are autonomous and independent of each other.

The principle of federalism implies the presence of a vertical of power, which should ensure governance in the country and stable development.

The principle of federalism also presupposes the unity of the system of executive power (the Russian Federation and the constituent entities of the Russian Federation).

The principle under consideration has not yet been fully implemented, which leads to inconsistency in the actions of federal authorities and authorities of the constituent entities of the Russian Federation.

The principle of legality- is universal - based on the Constitution of the Russian Federation, the Federal Law, the Laws of the constituent entities of the Russian Federation.

The Constitution of the Russian Federation and the Federal Law have supremacy throughout the country, that is, everything that has been developed in the subjects does not contradict the Federal Law and the Constitution.

It assumes that civil servants have legal knowledge and legal culture.

The principle of priority of the rights and freedoms of man and citizen- a fundamental liberal principle enshrined in international law: the UN Charter, the Universal Declaration of Human Rights.

According to the Constitution of the Russian Federation, a person, his rights and freedoms are recognized as the highest constitutional value.

A civil servant is obliged not only to recognize, but also to observe the principle, to protect rights and freedoms. Public servants must serve the people.

The principle involves the active involvement of the population in public administration: directly and indirectly, to exercise control over the activities of the state apparatus.

The principle of equal access of citizens to the Civil Code is an important constitutional norm emphasizing the democratism of the GI system.

No discrimination, except for legal restrictions (regardless of gender, race, nationality, origin, property status, attitude to religion, involvement in public associations).

This principle cannot be interpreted broadly: one should distinguish between general requirements for admission to the HS and special requirements (experience, education, skills).

Equality of access in accordance with abilities and professional training.

There are social restrictions, medical ones that do not allow citizens to be on the HS (foreigners, minors (less than 18 years old), who do not speak the state language, are incapacitated, have serious illnesses). In connection with such restrictions, citizens are not entitled to demand from the state the presentation of the desired position.

Equal access implies limiting bureaucracy and corruption.

The tool of equal access is competitive selection.

The principle of unity of the legal and organizational foundations of the HS– a unified approach to the organization of the GS (FGS and GSSF).

Legal status of the Civil Service, legal status of employees, regulation of the passage of the Civil Service, maintaining a register of positions, management of the Civil Service, formation of the personnel of the Civil Service.

The principle of interrelation of HS and MS.

The municipal service is an independent administrative authority, as close as possible to the population, but it is built into a single HS system in the country.

GS and MS perform similar social functions, so they must interact. The relationship is provided through (FZ No. 79):

1) the unity of the basic qualification requirements for civil service positions and municipal service positions;

2) the unity of restrictions and obligations in the course of the civil service and municipal service;

3) the unity of requirements for the training of personnel for the civil service and municipal service and additional professional education of civil servants and municipal employees;

4) accounting for the length of service of the municipal service when calculating the length of service in the civil service and the length of service in the civil service when calculating the length of service in the municipal service;

5) the correlation of the main conditions of remuneration and social guarantees for civil servants and municipal employees;

6) the correlation of the basic conditions for the state pension provision of citizens who have served in the civil service, and citizens who have served in the municipal service, and their families in the event of loss of a breadwinner.

Principle of openness:

Publicity and transparency of activities;

Accessibility to public control;

Informing about the activities of state bodies and civil servants;

Combination of publicity and confidentiality. The GE should not turn into a closed box, working only for and for itself;

Citizens have the right to know about the structure and content of the activities of the Public Service, the state of affairs in the administrative branch of government, with vacancies.

It is implemented through the activities of Public receptions, Internet receptions, public relations specialists.

The principle of professionalism and competence of civil servants.

This principle determines the quality and effectiveness of administrative power.

As we are governed, so we live.

The HS is a highly skilled service requiring high skill and competence.

Professionalism - deep and comprehensive knowledge and possession of practical skills (experience).

Competence - knowledge of the subject of activity, the presence of professional education, skills in work.

Competence of authority = ability to exercise authority.

The principle of protecting employees from unauthorized interference in their professional activities- a new principle, not previously fixed. Legalize it forced the practice of the HS.

The principle says that civil servants are under the protection of the state.

No one, except those authorized by law, has the right to interfere in their official activities.

An employee may refuse to carry out an unlawful order from his superiors.

The principle of staff stability.

Stability is the constancy of state-service relations. Public servants should be provided with sufficient guarantees against unreasonable actions.

Their position should not depend on the political situation.

The principle of responsibility of employees for their decisions is conscientious implementation.

The goals and objectives of the public service cause a lot of controversy. The question of the methodology for setting goals in management is complex and practically not developed, therefore, we will consider the goals of the civil service as a form of reflection of socially important problems in regulations.

Due to the fact that in modern Russia there is no definite hierarchy of goals and there are few theoretical explanations, those that are often contradictory.

According to Yu. Starilov, the main goal of the civil service is the practical implementation of the functions of the state, the solution of its tasks, the preservation of the well-being of citizens, the satisfaction of public interests in accordance with the Constitution of the Russian Federation and regulations.

A.F. Nozdrachev, on the contrary, describes the goals of the civil service as follows:

• management of the work of the state apparatus;
• formation of requirements for public positions;
• determining the level of training of civil servants;
• analysis and evaluation of the efficiency of the state apparatus;
• providing guarantees for the provision of civil servants.

Remark 1

In this approach to determining the goals of the civil service, the emphasis is on the administrative needs of officials, and the needs and interests of people are not taken into account.

Summarizing what has been studied, we can distinguish several signs of the goals of the civil service for their classification:

• by priority level:
  • strategic;
  • tactical;
• according to the results:
  • final;
  • preliminary;
• by deadline:
  • long;
  • medium;
  • short;

• in the field of public life:
  • economic;
  • political;
  • social;
  • spiritual.

Tasks of the public service

Due to the fact that civil servants take part in the preparation of draft regulations, management plans, introduce initiatives for changes in the composition of state bodies, provide public services, the following can be distinguished among the main tasks of the civil service:

• fulfillment of the tasks set by the Constitution of the Russian Federation;
• development of a country development strategy;
• search for personnel capable of implementing the country's development plan;
• formation of the composition of state power;
• making decisions on important current issues of the life of the country;
• protection of the rights, freedoms and legitimate interests of citizens, ensuring the proper development of the human personality;
• creation of the necessary conditions for the performance of the functions of state bodies.

VD Grazhdan believes that the civil service in the public administration system performs two tasks simultaneously. The first task addresses the issue of supporting the political leadership in administrative (apparatus) work; and the second - in the study of the difficulties that arise in the management and representation of the interests of all segments of the population.

Remark 2

Thus, the tasks for each type of public service are enshrined in regulatory legal acts.

Public Service Functions

The concept of "civil service functions" and their types are also not studied and formulated in regulatory legal acts.

Some researchers refer to the functions of the public service as independent and separate types of service activities. Others talk about practical compliance with the law.

But in a general sense, we can say that the functions of the civil service include the main directions of the influence of civil servants on public relations in order to achieve the goals and objectives of the state.

Based on the fact that the bodies of state power and state administration belong to the public service, their functions are the same. This provision is based on the fact that the powers of public authorities in accordance with the legislation of the Russian Federation are provided by the state service.

The functions performed by civil servants can be divided into general and special.

The general functions of the civil service include:

• management of affairs in a general sense;
• determination of the correct model for the development of the state and society, its implementation;
• analysis of the nature of the development of society and forecasting changes;
• analysis of decisions made and anticipation of the results of these decisions in terms of the pace, indicators and processes of development of society;
• organization of the correct work of state bodies in the provision of public services;
• compliance with the actual indicators of the development of society and the state with the planned ones;
• accounting for these indicators;
• harmonization of the activities of various state bodies to achieve the common goals and objectives of the state;
• collection, receipt, processing, analysis of information necessary for the implementation of state activities.

Recently, the civil service is perceived by society as a body providing state social services, in particular, this applies to education, healthcare, security, etc. In this regard, one can take into account such a function of the public service as the production of public services.

Based on the fact that the civil service forms in society a respectful attitude towards the human person, state and law bodies, then with the dynamic development of society, the civil service should perform an educational function.

Civil servants participate in the development of programs, laws and political decision-making, balance relations between different social strata of the population in all areas of society. Therefore, one of the functions is regulatory.

The special functions of the civil service include:

• creation of bills, tk. civil servants are involved in this process;
• application of laws in society;
• protection of the law. To perform this function, control and supervision bodies have been created, methods of coercion are used.

The regulations on the structural subdivisions of all authorities and the job descriptions of civil servants clarify the functions and specify the tasks.

Remark 3

The use of legal, economic, organizational and administrative, socio-psychological methods allow you to perform the functions of the public service.

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Introduction 3

1.Legal basis for the functions of the public service 5

1.1 Concept, functions of the civil service 5

1.2 Permissive function in the public administration system 13

2. Functional characteristics of the municipal service 18

2.1 Main functions of the municipal service 18

2.2 Supervisory functions of the municipal service 21

3. Implementation of the functions of the state and municipal service 28

3.1 Functions of the state and municipal service in the field of state order 28

3.2 Economic functions of the state and municipal service 36

Conclusion 49

References 50

Introduction

with the help of the main activities for the management of society in various spheres of life. The main activities in the theory of law are called functions. As a rule, the functions of the activities of a public authority are established by a normative legal act>, at the same time, the functions of the state, but, in comparison with the functions of the entire state, have a relatively narrow, local character. The functions of the federal executive authorities extend only to the areas of activity established for this authority.

As rightly stated by B.V. Rossinsky: "The functions of executive authorities are a specific direction of the influence of state administration on the object of management (organizing, regulating, controlling plan). Management functions are determined by objective laws. The content of each function is predetermined by the goals facing the state and the specifics of the object of management."

A.N. Golovistikova, classifying the functions of authorities, highlights the specifics of the law enforcement function and indicates that the functions of a law enforcement agency are the activities of state authorities aimed at ensuring the accurate and complete implementation of its legal instructions by all participants in public relations, as well as monitoring the implementation of legal norms. Yu.A. Dmitriev, who, defining the main functions of the federal executive authorities in the field of state security, establishes that the functions of the security agencies are aimed at identifying and predicting internal and external threats to the vital interests of security facilities, implementing a set of operational and long-term measures to prevent and neutralize them.

B.N. Gabrichidze, highlighting the functions of the civil service, also highlights the specifics of the functions of the civil service, understanding protective, coercive, security, etc. functions as specific functions. These functions are only an essential part of the functions performed by state bodies. The functions of the civil service are determined by objective laws. The content of each is predetermined by the goals facing the state, the peculiarities of public service powers and the scope of activities of civil servants. The civil service solves the tasks of the state, performs its functions and the functions of state bodies through the implementation of state management activities.

The purpose of the study: to study the functions of the state and municipal service.

The research objectives are to consider:

Legal bases of functions of public service;

Concept, functions of public service;

Permissive function in the public administration system;

The main functions of the municipal service;

Control functions of the municipal service;

Functions of the state and municipal service in the field of state order;

Economic functions of the state and municipal service;

Conclusion

Highlighting the specific (special) principles of staffing, it is necessary to note the specific features of the staffing of security agencies. These specific features will be:

The presence in the security agencies of two types of public service: state civil and military service, which significantly affects the establishment of uniform requirements, since each of these types of public service is regulated by a separate federal law;

The presence in the security agencies of uniform requirements both for citizens entering the military service and for military personnel (employees) of the security agencies, which makes it difficult to accept a citizen on probation for military service (work);

The presence of civilian personnel in many security agencies entails the specification of their activities, taking into account the requirements for the protection of information constituting a state secret; this specificity should be reflected in the employment contract and job regulations of the employee.

For comparison, we can cite the principles for the formation of the personnel of the civil service, established by Part 1 of Art. 60 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation":

1) appointment of civil servants to the position of the civil service, taking into account their merits in professional service activities and business qualities;

2) improving the professional skills of civil servants.

Together with these principles, Part 2 of Art. 60 of this Law determines the priority areas for the formation of civil service personnel: professional training, advanced training, retraining and internship of civil servants; promotion of promotion of civil servants on a competitive basis; rotation of civil servants; formation of a personnel reserve on a competitive basis and its effective use; the use of modern personnel technologies when entering the civil service, etc.

Bibliography

1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2 -FKZ) // The official text of the Constitution of the Russian Federation is published on the Official Internet Portal of Legal Information http://www.pravo.gov.ru, 11.04.2014

2. Federal Law No. 58-FZ of May 27, 2003 (as amended on July 2, 2013) "On the Public Service System of the Russian Federation"// The document was not published in this form. The original text of the document was published in Parliamentary Newspaper, N 98, 05/31/2003, Rossiyskaya Gazeta, N 104, 05/31/2003, Collection of Legislation of the Russian Federation, 06/02/2003, N 22, art. 2063.

3. Federal Law of March 2, 2007 N 25-FZ (as amended on March 4, 2014) "On Municipal Service in the Russian Federation"// The document was not published in this form. The original text of the document was published in the publications "Collection of Legislation of the Russian Federation", 05.03.2007, N 10, art. 1152, "Rossiyskaya Gazeta", N 47, 03/07/2007, "Parliamentskaya Gazeta", N 34, 03/07/2007.

4. Federal law of 20 August. 2004 N 117-FZ "On the savings and mortgage system of housing for military personnel (adopted by the State Duma on August 5, 2004; approved by the Federation Council on August 8, 2004) (as of July 23, 2008) / / SZ RF, 2004, N 34, article 3532.

5. Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition" // SZ RF. 2006. N 31 (part 1). Art. 3434.

6. Federal Law of March 28, 1998 N 53-FZ "On Military Duty and Military Service" (adopted by the State Duma on March 6, 1998; approved by the Federation Council on March 12, 1998) (as amended by the Federal Law of November 28, 2009 N 286-FZ) // SZ RF. 1998. N 13. Art. 1475; About the Federal Security Service... Art. five.

7. Federal law of 3 April. 1995 N 40-FZ "On the Federal Security Service" (adopted by the State Duma on February 22, 1995; approved by the Federation Council on March 15, 1995) (as of December 25, 2008). Art. Art. 16, 16.1, 16.2 // SZ RF. 1995. N 15. Art. 1269.

8. Federal Law of November 3, 2006 N 174-FZ "On Autonomous Institutions" // SZ RF. 2006. N 45. Art. 4626.

9. Letter of the Ministry of Education and Science of Russia dated December 14, 2012 N 08-910 "On monitoring the organization of school meals". The document has not been published. See: SPS "ConsultantPlus".

10. Letter of the Federal Antimonopoly Service of the Russian Federation dated September 30, 2009 N AK / 34001 "On explaining the application of antimonopoly legislation" // Journal of the head and chief accountant of the housing and communal services. 2010 (part II). N 4.

11. Resolution of the Eighth Arbitration Court of Appeal dated June 9, 2012 in case No. А46-11375/2011.

12. Resolution of the Second Arbitration Court of Appeal dated November 24, 2011 in case No. А31-3505/2011 - maintenance of municipal cemeteries;

13. Resolution of the Second Arbitration Court of Appeal dated February 27, 2013 in case N A31-7270/2012;

14. Resolution of the Twentieth Arbitration Court of Appeal dated July 17, 2012 in case N A68-12500/2011; Resolution of the Third Arbitration Court of Appeal dated July 11, 2013 in case N A33-19347 / 2012; Resolution of the Thirteenth Arbitration Court of Appeal dated October 30, 2012 in case No. А56-63226/2011.

15. Decision of the Ninth Arbitration Court of Appeal dated December 3, 2012 in case N A40-84908 / 12-139-814.

16. Resolution of the Constitutional Court of the Russian Federation of March 29, 2011 N 2-P "On the case of checking the constitutionality of the provision of clause 4 of part 1 of Article 16 of the Federal Law "On the general principles of organizing local self-government in the Russian Federation" in connection with the complaint of the municipality - urban district "City of Chita" // Bulletin of the Constitutional Court of the Russian Federation, 2011, N 3.

17. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of August 10, 2004 N 2727/04 in case N A34-2110/03-C10; Decisions of the FAS of the West Siberian District of June 2, 2005 in case N F04-3475/2005, of June 14, 2005 in case N F04-3598/2005, of October 6, 2005 in case N F04-6930/2005 ; Resolution of the FAS of the East Siberian District of May 20, 2008 in case N A19-23069 / 05.

18. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 23, 2008 N 12027/07 in case N A33-9227/2006.

19. Ruling of the Seventh Arbitration Court of Appeal dated July 13, 2012 in case No. A03-715/2012 - road repairs.

20. Resolution of the Seventh Arbitration Court of Appeal dated March 23, 2012 N 07AP-883/12 in case N A45-17332/2011; Resolution of the Third Arbitration Court of Appeal dated August 8, 2013 in case No. А33-19348/2012;

21. Resolution of the Third Arbitration Court of Appeal dated July 11, 2013 in case N A33-19347/2012.

23. Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of June 11, 2013 in case N A31-7270/2012 - landscaping, gardening, street lighting;

25. Decree of the FAS of the Far Eastern District of February 24, 2011 N F03-9476 / 2010 in case N A59-1882 / 2010 - maintenance of the road network, highways;

26. Decree of the Federal Antimonopoly Service of the Far Eastern District of September 9, 2013 N F03-3780/2013 in case N A59-5667/2012; Resolution of the Fourth Arbitration Court of Appeal dated June 7, 2013 in case N A19-252 / 2013 - repair of the road network, road maintenance.

27. Decree of the Federal Antimonopoly Service of the West Siberian District of February 20, 2012 in case N A45-9905/2011;

28. Decision of the Federal Antimonopoly Service of the West Siberian District of July 29, 2010 in case N A45-2822/2010. See also: Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of December 24, 2008 in case N A82-4820 / 2008-14.

29. Decree of the Federal Antimonopoly Service of the Volga District of September 25, 2012 in case N A12-5260/2012. See also: Resolution of the Twelfth Arbitration Court of Appeal dated September 18, 2013 in case N A12-10224/2013.

30. Decision of the Federal Antimonopoly Service of the North-Western District of January 28, 2011 in case No. А44-2202/2010. See also: Decision of the Federal Antimonopoly Service of the North Caucasus District of May 7, 2009 in case N A53-11578 / 2008-C4-48.

32. Decision of the FAS of the Urals District of March 19, 2012 N F09-7288/10 in case N A76-6041/2010. See also: Decision of the Federal Antimonopoly Service of the North-Western District of February 21, 2013 in case N A21-7662/2012.

33. Decree of the FAS of the Urals District of November 24, 2008 N F09-8708 / 08-C1 in case N A76-578 / 08;

34. Decision of the FAS of the Central District of February 8, 2012 in case N A68-6275 / 2012, Decision of the Twentieth Arbitration Court of Appeal of November 30, 2012 in case N A68-6275 / 12, Decision of the Second Arbitration Court of Appeal of May 27, 2013 in case N A29-8424/2012.

35. Resolution of the Federal Arbitration Court of the East Siberian District of February 22, 2012 in case N A19-11044/2011.

36. Resolution of the Federal Arbitration Court of the Central District of April 26, 2012 in case No. А68-6497/2011.

37. Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 23, 2008 N 12027/07 in case N A33-9227/2006, of May 18, 2011 N 17206/10 in case N A76-6041/2010-35-192. However, despite the position of the Supreme Arbitration Court of the Russian Federation, it is still too early to put a full stop on this issue. The problem of the inadmissibility of transferring organizational and coordinating functions to municipal enterprises requires separate consideration.

38. Order of the FSB of Russia dated 30 August. 2012 N 439 "On Amendments to the Qualification Requirements for Professional Knowledge and Skills Necessary for the Performance of Official Duties by Military Personnel and Federal State Civil Servants of the Federal Security Service, approved by Order of the FSB of Russia dated April 5, 2010 N 159" // Russian newspaper. 2012. Oct 5; Order of the FSB of Russia dated December 11. 2007 N 695 "On the approval of the Instruction on the procedure for conferring military ranks on certain categories of military personnel, citizens when entering military service in the federal security service" // Bulletin of normative acts of federal executive authorities. 2008. No. 5.

39. Problems of the theory of state and law: Proc. / A.N. Golovistikova, V.E. Guliyev, Yu.A. Dmitriev. M.: Eksmo, 2005. S. 157 - 158.

40. Decision of the Leningrad Regional Court of February 20, 2013 N 7-57/2013. See also: Cassation ruling of the Yaroslavl Regional Court dated February 13, 2012 in case No. 33-759.

41. Administrative law / Ed. Yu.M. Kozlov. M.: Legal Literature, 1968. S. 542.

42. Administrative law: Proc. / Yu.A. Dmitriev, I.A. Polyansky, E.V. Trofimov. M.: Eksmo, 2009. S. 445.

43. Astanin V.V. Commissions for Compliance with the Requirements for Official Conduct of Public Civil Servants and Settlement of Conflicts of Interest (Analysis and Assessment of the Subject of Activity and Corruption Risks of Experts Participating in Their Work) // Russian Justice. 2009. N 2. S. 13.

44. Big legal dictionary / Ed. AND I. Sukharev, V.D. Zorkina, V.E. Krutskikh. M.: Infra-M, 1998. S. 549.

45. Bratanovsky S.N., Zelenov M.F. The specifics of the legal regulation of the activities of commissions to comply with the requirements for official behavior of state and municipal employees and the settlement of conflicts of interest // Russian Justice. 2011. N 10. S. 52 - 57.

46. ​​Vlasov V.A., Studenikin S.S. Soviet administrative law. M.: Gosyurizdat, 1959. S. 276; Administrative Law / Ed. A.E. Luneva. M.: Legal literature, 1970. S. 530.

47. Military law: Proc. / VC. Belov, A.F. Voronov, E.N. Golenko. M .: For the rights of military personnel, 2004. Issue. 45. P. 15

48. Gabrichidze B.N., Chernyavsky A.G. Service Law: Proc. M.: Dashkov i Ko, 2004. S. 76 - 81.

49. Zhuravlev S.I. Legal regulation of the requirements for admission to the service in the border agencies of the federal security service. scientific-practical. conf. M.: MPI FSB of Russia, 2007. S. 31 - 34

50. Zhuravlev S.I., Kremensky D.A. The main issues of service in the mobilization manpower reserve // ​​Military law (electronic scientific ed.). 2013. Issue. 1. URL: http://voennoepravo.ru.

51. The Constitution of the Russian Federation: adopted by the All-Nar. vote on 12 Dec. 1993 (as of 30 Dec. 2008). P. "m" art. 71 // Russian newspaper. 1993. 25 Dec.

52. Kudashkin A.V. Military service in the Russian Federation: theory and practice of legal regulation: Monograph. M.: Voen. un-t, 2003. S. 129 - 132.

53. Kudashkin A.V. Military service and serviceman in the Russian Federation (constitutional legal regulation): Monograph. M.: Voen. un-t, 2001. S. 132.

54. Recall that municipal needs are understood, among other things, to be provided at the expense of local budgets and extra-budgetary sources of financing, the needs of municipalities in goods, works, services necessary to resolve issues of local importance and exercise certain state powers transferred to local governments (part 1 of Art. 2 article 3 of the Law on placing an order).

55. Ruling of the Supreme Arbitration Court of the Russian Federation dated December 26, 2012 N VAS-16597/12.

56. Rossinsky B.V., Starilov Yu.N. Administrative Law: Proc. 4th ed., revision. and additional M.: Norma, 2009. S. 40 - 42.

57. Solovyov A. Service behavior and conflict of interest // Kadrovik. Labor law for personnel officer. 2009. N 10. S. 39 - 47.

58. Subanova N.V. Public Permissive Activities in Russia: Historical and Legal Aspect // History of State and Law. 2012. N 5. S. 18 -

59. Decree of the President of the Russian Federation of 11 August. 2003 N 960 "Issues of the Federal Security Service of the Russian Federation" (as amended by Decree of the President of the Russian Federation of November 17, 2008 N 1625) // SZ RF. 2003. N 33. Art. 3254.

60. FSB of Russia. Legal regulation of the activities of the Federal Security Service to ensure the national security of the Russian Federation: Nauch.-prakt. comments / Ed. V.N. Ushakova, I.L. Trunova. M.: Eksmo, 2006. S. 22 - 29.

61. Kholodny Yu. Legal aspects of the use of a polygraph when working with personnel // Politics. 2005. N 7. S. 9 - 10.

62. Khropanyuk V.N. Theory of State and Law: Proc. allowance / Ed. prof. V.G. Strekozova. Moscow: Dabakhov, Tkachev, Dymov, 2000, p. 243). The functions of the state are the main directions of its activity in solving the problems facing it (see: Malko A.V. Theory of State and Law: Textbook. M .: Jurist, 2001. P. 46).

In a democratic society, the state is the main form of consolidation of universal and national, social and professional values ​​and interests of its citizens. The state solves its tasks through the public service, which is a complex legal and social institution that functions through the implementation of professional activities by people to implement the competence of state bodies and public positions.

In the specialized literature there is no unambiguous, and, therefore, generally accepted definition of public service. So, Yu.N. Starilov points out that “... in the broadest theoretical sense, the civil service is the implementation by state bodies of the personnel management function and the practical activities of all persons who receive wages from the state budget ... and hold permanent or temporary positions in the apparatus of state bodies, including legislative, executive and the judiciary, the prosecutor's office, control and supervisory bodies, the administration of state (state) enterprises.

According to A.P. Alekhina, “... public service in a broad sense is reduced to the performance by employees of their duties (work) in state organizations: in state authorities, enterprises, institutions, other organizations; in a narrow sense, it is the performance by employees of their duties in state bodies.

B.M. Lazarev defines public service as “serving the state, i.e. performance, on his behalf and for payment from him, of activities to implement the tasks and functions of the state in state bodies. From the point of view of A.V. Obolonsky, public service is "a type of labor activity, which consists in the practical implementation of state functions by employees of the state apparatus, holding positions in state institutions and receiving remuneration from the state for their work."

A.F. Nozdrachev defines the civil service as a legal institution established by the state, normatively expressed and legitimate, recognized by citizens for the practical implementation of state power and the daily application of legislation on a scale of the whole society and in real time.

Thus, in a variety of definitions of the public service, the following most significant elements can be distinguished: firstly, the purpose of the public service is associated with the practical implementation of the goals and functions of the state, with public administration and is determined by the nature of state power; secondly, the civil service is carried out in public positions mainly in state bodies, although the service legislation of some countries refers to civil servants and employees of state institutions and enterprises.

The clearest definition of the concept of “public service” is given, in our opinion, by G.V. Atamanchuk: "Public service is the practical and professional participation of citizens in the implementation of the goals and functions of the state through the performance of public positions established in state bodies."

Back in 1992, G.V. Atamanchuk developed the main provisions of the concept for the development of the civil service in the Russian Federation.

In the version of the concept proposed by him, the essential concepts of public service are scientifically substantiated. Along with the public service, two more basic concepts have been identified:

public office- a legal (legal) establishment that characterizes in each state body a specially allocated scope and content of activities (participation) in the implementation of its competence (functions and powers);

state employee- a citizen holding a public position and performing it on a professional basis (permanently and for payment).

Thus, the public service is a link, on the one hand, between the citizen and society, and on the other hand, between politics and legislation. The state, being a special organization of the public political power of the ruling class (social group, bloc of class forces of the entire people), has its own tasks and functions.

These tasks and functions are practically implemented through specific actions of personnel in the service of the state - civil servants. The state acquires reality and strength precisely in these cadres, in the contingent of its employees. The tasks and functions of the state become, in their practical implementation, the tasks and functions of employees recruited by the state. The work of the state depends on civil servants.

The legislation on the civil service of the Russian Federation is formed by regulatory legal acts that regulate the formation of its system, the organization and legal status of civil servants - the conditions and procedure for their work, the rights and types of incentives, duties and responsibilities, their termination of public service, etc. The main sources of this legislation are the Federal Laws “On the System of the Public Service of the Russian Federation” dated May 27, 2003 No. 58-FZ and “On the Basics of the Public Service of the Russian Federation” dated July 31, 1995 No. 119-FZ. Any legislation is a system, and the system of legislation on public service is a two-tier one. The first level is federal. Here we are talking about the Constitution of the Russian Federation, the above Federal laws, other federal laws and other regulatory legal acts of the Russian Federation. The second level is the legislation of the subjects of the Federation: their constitutions, laws, charters.

There are various classifications of types of public service. Each type of public service has its own legal design, is characterized by special features and a special legal status. The content of each type of public service is established by the relevant regulations that fix its legal status.

In accordance with the constitutional and legal principle of separation of powers, the civil service can be subdivided into service in representative, executive and judicial authorities.

In the specialized literature, the division of the civil service is recognized, depending on the nature of the activities of state bodies, into civil and militarized. However, Article 2 of the Federal Law "On the system of public service of the Russian Federation" clearly identifies the following types of public service:

State civil service;

Military service;

Law enforcement service.

Military service and law enforcement service are types of federal civil service. At the same time, it is these types of service that fall under the concept of militarized service. According to D.N. Bakhrakh, the militarized service is characterized by the following distinguishing features from the civil service: the professional duty of employees of this category is to protect the life and health of people, ensure the safety of citizens and the established order of management, fundamental rights of citizens and public interests, material values, protection public order and law and order, the existence of special special disciplinary charters, these employees have special conditions for entering the service, passing it, conferring special ranks, etc.

It should be noted here that in the framework of this thesis, the civil service means only one of its types - the civil service.

State civil service - a type of public service, which is a professional service activity of citizens in the positions of the state civil service to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation .

The state civil service is subdivided into the federal state civil service and the state civil service of the subject of the Russian Federation.

In the structure of the civil service, there are clearly two sides, two groups of relations. The first is the organization of the public service, its preparation and official activities, the exercise by each employee and all of them together of their official practical powers (see Appendix 1).

The organization of the civil service means its formation for activity and includes a wide range of issues: the establishment of job titles and the definition of powers for each position, the development of rules for entering the civil service, the training of personnel and the improvement of their qualifications, the rules for promotion, the application of incentives and measures of disciplinary and other liability, rules for serving and termination of service relations, as well as some other rules. This is a large area of ​​relations related to personnel and has preparatory goals for practical activities.

The other side of the civil service is the practical activity of civil servants in the implementation of the powers entrusted to them.

Each employee occupies a position that determines the scope of his powers, which are subject to implementation. From the side of the material content, these powers are very diverse (in the sphere of power, executive, justice, etc.), they are also diverse in the legal forms of their implementation (drafting documents, working with them, receiving persons, considering complaints, etc. .).

The federal law "On the Fundamentals of the Public Service of the Russian Federation" defines the main features of a public position: its formation in a state body, the established range of duties for the execution of the powers of this body, monetary maintenance and responsibility for the performance of their duties. At the same time, two types of posts are distinguished - public posts of the Russian Federation, which are of a political nature, and public posts of the civil service, which are of an administrative nature. They differ according to the bodies that establish these positions, the nature of the activity, the method of entry and terms of tenure, legal and social status, requirements for professional qualities, etc.

In federal legislation, public positions are ranked by categories (“A”, “B” and “C”) and groups (highest, main, leading, senior and junior) based on the principles of hierarchy and consistency, differences in the scope of powers. This creates conditions for more efficient public service, primarily for the vertical and horizontal movement of civil servants, ensuring their official and professional growth.

The civil service continues and completes the organization of the mechanism of the state, making it ready and suitable for the practical implementation of the tasks and functions of the state. In each link of the state mechanism, the service brings life, a set of measures, means, forms and methods for real, practical activity. In the formation of statehood of any kind, the civil service acts as the first organizational means for the state to fulfill its goals.

However, public administration implies not only a control impact, but also organizational cooperation of the state and its subjects with local self-government, which ensures the purposeful and efficient functioning of municipalities. And in this regard, it is appropriate to move on to the definition of municipal service.

The concept of "municipal service" is relatively new to our legislation. Prior to the transition to the organization of local government on the basis of self-government and the formation of local self-government as an independent form of exercising the power of the people, the concept of “municipal service” was not used in the legislation, because. there was no need for it: in the USSR, employees of local government bodies - local Soviets and executive committees - were civil servants.

The Law of the RSFSR "On Local Self-Government in the RSFSR" dated July 6, 1991 also did not use the concept of "municipal service". Service in local self-government bodies was initially treated as part of the public service. Civil servant and municipal employee were considered as equivalent concepts. According to this view, a municipal employee is a civil servant working in a local government.

The Constitution of the Russian Federation, adopted in 1993, established that local self-government bodies are not included in the system of state authorities. Thus, the municipal service is not included in the public service system, is not its structural part and requires its own legal regulation.

The municipal service is an independent institution of local self-government, an institution of municipal law. Expenses related to the maintenance of bodies and officials of local self-government are carried out at the expense of the local budget. At the same time, this institution is closely connected with the institution of public service, since the time of work in positions in local self-government bodies is counted in the length of service calculated for the provision of benefits and guarantees in accordance with the legislation on public service. This provision of Article 21 of the Federal Law "On the Fundamentals of Municipal Service in the Russian Federation" not only equates municipal employees with civil servants in terms of providing them with benefits and guarantees, but also creates an opportunity for a "painless" transition from one service system to another, which is important importance for the career of an employee, his professional growth. And this, in turn, serves to increase the efficiency of both municipal and public services. It should also be taken into account that local self-government bodies can exercise certain state powers in accordance with the law. So, the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” gives in Article 1 a definition of a municipal service, by which the law understands professional activity on an ongoing basis in local self-government bodies in the exercise of their powers.

The main tasks of the municipal service are:

a) ensuring, along with the civil service, the rights and freedoms of man and citizen on the territory of the municipality;

b) ensuring independent decision by the population of issues of local importance;

c) preparation, adoption, execution and control of decisions within the powers of local governments;

d) protection of the rights and legitimate interests of the municipality.

In accordance with Article 21 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", the legal regulation of the municipal service, including the requirements for positions, the status of a municipal employee, the conditions and procedure for passing the municipal service, is determined by the charter of the municipality in accordance with the laws of the subjects of the Russian Federation and federal law.

Three groups of sources of municipal law can be distinguished, taking into account the different levels of legal regulation of municipal relations.

The first group of sources includes regulatory legal acts adopted at the federal level. This is, first of all, the Constitution of the Russian Federation - the main source of municipal law. The Constitution of the Russian Federation contains norms that fix the initial principles and principles of the organization of local self-government, guarantees of the rights of local self-government.

The second group of sources of municipal law are normative legal acts adopted by public authorities of the constituent entities of the Russian Federation. These are the constitutions of the republics, charters of other constituent entities of the Russian Federation, laws of the constituent entities of the Russian Federation on local self-government, on elections to local self-government bodies. In addition, this group of sources of municipal law includes acts of the presidents of the republics, heads of administrations of other constituent entities of the Russian Federation, resolutions of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation.

The third group of sources of municipal law includes normative legal acts adopted by direct expression of the will of the population of municipalities, local governments and local government officials. These are, first of all, the charters of municipalities; generally binding rules on the subjects of jurisdiction of the municipal formation, the adoption of which is provided for by the charter of this formation; decisions of representative bodies of local self-government establishing the procedure for managing and disposing of municipal property and other regulatory legal acts of municipalities.

Thus, local self-government is an institution of civil society, which is a necessary element of the complementarity of state and municipal authorities, the coordination of public interests at various levels of society. The Constitution of Russia fixed the organizational isolation of local self-government from state authorities, but in practice, effective management in all spheres of society is impossible without a well-established mechanism for their interaction. Most of our failures in the economy and the social sphere are due precisely to the fact that this mechanism fails.

The interaction of state authorities and local self-government implies that they, as partners, are at least equal in relation to the main object of management, and it is carried out in order to achieve a common goal - to improve the level and quality of life of the population of each municipality and region as a whole.

It is obvious that issues of local importance are inseparable from the state interest, do not remain and cannot remain without the influence of the state.

At the federal level, two tasks are solved in relation to local self-government - ensuring guarantees for local self-government and developing a unified state policy in the field of local self-government. They are resolved in the following ways:

First, at the federal level, the general principles of the organization of local self-government are legally established;

Secondly, federal government bodies accept programs of state support for local self-government;

Thirdly, in order to ensure the federal law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", a number of federal laws are adopted.

In the formation and development of local self-government, state authorities of the constituent entities of the Russian Federation play an important role. The interaction of the latter with local governments largely determines the effectiveness of the implementation of regional policy - the solution of economic, political and social problems of the development of the municipality and the subject as a whole. On the other hand, such interaction ensures the effectiveness of municipal policy, contributing through the solution of issues of local importance to the implementation of state tasks: strengthening the foundations of democracy, creating conditions for ensuring the vital interests of the population, carrying out activities for social protection of the population, stabilizing the political system, training personnel for municipal bodies.

Recognition of local self-government means that the state sees in it a kind of social institution that does not have the properties of a state structure. Decentralization of management is a way not only to preserve the integrity of Russia, but also to effectively protect society and citizens, the harmonious development of spiritual, cultural, and economic ties between all parts of the Russian state.

So, we can conclude that the allocation of municipal service to a separate institution ensures the decentralization of power, expanding opportunities for citizens to participate in managing the affairs of the state and society. At the same time, the municipal service, along with the state one, is an integral part of the public service, since state and municipal employees perform the functions of state and municipal bodies in the field of public authority, therefore, common features can be distinguished in the concept of service, its tasks, functions, legal sources. In addition, a significant similarity of the legal status of a state and municipal employee can be traced in the following arguments:

Firstly, the traditional elements of the status of a civil servant are also characteristic of the municipal one: the concept of an employee, rights, duties, service, certification, restrictions and guarantees of employees, etc.

Secondly, municipal employees exercise not only the powers to resolve issues of local importance, but also certain state powers that they can be vested with in accordance with federal laws and the laws of the constituent entities of the Russian Federation. Thirdly, there is a great similarity between the state and municipal service in the essence of managerial work, in terms of the technology of the managerial process.

Fourthly, federal legislation establishes a real possibility of transferring from one system of service to another with the crediting of the experience of municipal service in the experience of civil service.

Municipal service - the professional activity of citizens, carried out on a permanent basis in the positions of the municipal service, replaced by concluding an employment contract (contract).

An employer for a municipal employee is a municipality, on behalf of which the powers of the employer are exercised by the representative of the employer (employer).

The representative of the employer (employer) may be the head of the municipality, the head of the local self-government body, the chairman of the election commission of the municipality or another person authorized to act as the representative of the employer (employer). Federal Law of the Russian Federation of March 2, 2007 N 25-FZ (as amended on March 4, 2014) “On Municipal Service in the Russian Federation”

As well as the state civil service, the municipal service conducts its activities on the basis of the principles that are established in the federal and regional legislation on municipal employees.

The principles of municipal service are the main ideas that reflect objective patterns and determine scientifically based directions for the implementation of the competence, tasks and functions of local governments, the powers of municipal employees operating in the public authority system.

The principles of municipal service should express the essence of the municipal service, its features; they reveal the general nature of the managerial, executive-administrative and other administrative activities of municipal employees and fix them in regulatory legal acts. The principles of the municipal service establish patterns in the system of organization and functioning of the municipal service. They express the significance, legitimacy, social value of relations that arise in the system of municipal service.

The main principles of municipal service are:

• 1) priority of human and civil rights and freedoms;
• 2) equal access of citizens who speak the state language of the Russian Federation to municipal service and equal conditions for its passage, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and also from other circumstances not related to the professional and business qualities of a municipal employee;
• 3) professionalism and competence of municipal employees;
• 4) stability of the municipal service;
• 5) availability of information about the activities of municipal employees;
• 6) interaction with public associations and citizens;
• 7) the unity of the basic requirements for municipal service, as well as taking into account historical and other local traditions in the course of municipal service;
• 8) legal and social protection of municipal employees;
• 9) responsibility of municipal employees for failure to perform or improper performance of their official duties;
• 10) non-partisanship of the municipal service. Federal Law of the Russian Federation of March 2, 2007 N 25-FZ (as amended on March 4, 2014) “On Municipal Service in the Russian Federation”

Let's take a closer look at each of these principles:

The principle of priority of human and civil rights and freedoms.

This principle is enshrined in Article 2 of the Constitution of the Russian Federation, which states: "A person, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." Based on the content of Article 18 of the Constitution of the Russian Federation, it is the rights and freedoms of man and citizen that should determine the activities of legislative and executive authorities, local self-government. It follows from this that this principle is important not only for the municipal service, but for the entire system of public service of the Russian Federation. It can be noted that the principle of the priority of the rights and freedoms of man and citizen, their direct effect, the obligation to recognize, observe and protect them is also enshrined in the Federal Law "On the system of public service of the Russian Federation" as the principle of building and functioning of the public service system (Article 3 ) and in the Federal Law "On the State Civil Service of the Russian Federation" as a principle of civil service (Article 4).

This principle finds expression in certain articles of the Federal Law "On Municipal Service in the Russian Federation". So, in accordance with clause 3 of part 1 of article 12 of the law, a municipal employee is obliged to observe the rights and legitimate interests of citizens and organizations in the performance of official duties.

In view of all of the above, when selecting candidates for municipal service positions, special attention should be paid to their ability and readiness to take into account the interests of citizens in their work. A serious violation of the priority of rights and freedoms should be considered cases where municipal employees themselves do not observe human rights, the protection of which is the essence of their activities.

The principle of equal access of citizens to municipal service. This principle is based on constitutional provisions on the equality of citizens: citizens of the Russian Federation have equal rights to exercise local self-government.

Restrictions on the right of equal access to municipal service may be established only by federal law.

The principle of professionalism and competence of municipal employees. Municipal service is a professional activity that requires special knowledge and skills for its implementation. The implementation of the principle of professionalism and competence of municipal employees should contribute to the creation of a stable and efficient municipal service that resolves issues of local importance, based on the interests of the population. To implement this principle, legally fixed qualification requirements for persons applying for a position in the municipal service are necessary. The principle of professionalism and competence of employees establishes the content and functioning of the public service system.

The principle of stability of the municipal service. This principle means minimizing staff turnover with a stable staffing. A guarantee of the stability of the service of municipal employees is an employment contract, which provides for the rules for changing the employment contract and its termination.

The principle of accessibility of information about the activities of municipal employees. This principle is enshrined in Part 2 of Article 24 of the Constitution of the Russian Federation: "State authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law."

The principle of interaction with public associations and citizens. This principle means that the municipal service interacts with civil society. Local self-government is a public authority close to the population. At the heart of local self-government lies the implementation in solving issues of local importance independently and under its own responsibility. Responsible self-government assumes that in the event of improper exercise by citizens of their rights, the resulting unfavorable socio-economic, political, etc. the consequences fall on the population and may not be compensated by the state.

Interaction with public associations and citizens is carried out in various other forms. Such forms are public hearings, conferences, gatherings of citizens and other forms.

The principle of unity of the basic requirements for municipal service in the Russian Federation, as well as taking into account historical and other local traditions. Reflection of the features of the legal regulation of the municipal service, carried out both at the federal level, at the level of subjects of the Russian Federation, and at the level of municipalities is the basis of this principle.

The Constitution of the Russian Federation establishes that local governments are not included in the system of state authorities (Article 12), and also predetermines the organizational separation of the municipal service from the state; Article 72 establishes that the establishment of general principles of local self-government is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, due to which the legislative regulation of the municipal service is carried out at two levels; Articles 130-133 of the Constitution generally govern the organization of local self-government.

These normative acts fix the uniform basic requirements for the municipal service and municipal employees.

General provisions on municipal service are usually contained in the charters of municipalities. Other issues of organizing municipal service in a municipality may be regulated by decisions of the representative body, resolutions and orders of the head of the municipality and the head of the local administration, and other municipal legal acts.

It is at the level of municipalities that the consideration of historical and national traditions in the organization of municipal service is most evident.

The principle of legal and social protection of municipal employees. This principle is designed to ensure the stability of personnel in local governments, as well as to protect municipal employees from the political situation, from the arbitrariness of the head, to guarantee the municipal employee the necessary working conditions, monthly allowance, pensions, assistance to the family of a municipal employee in the event of his death related to the execution their official duties, etc.

The principle of responsibility of municipal employees for failure to perform or improper performance of their official duties.

Responsibility is a necessary condition for the functioning of any public institution, which, as mentioned above, is the municipal service.

With regard to municipal employees, positive responsibility is expressed in the awareness of their personal responsibility for the assigned work. However, the above principle speaks of liability for failure to perform or improper performance of one's official duties. Therefore, in this case we are talking about negative liability.

Failure to perform or improper performance by a municipal employee through his fault of the duties assigned to him is a disciplinary offense and entails the application of disciplinary measures against him (Article 27 of the Federal Law "On Municipal Service in the Russian Federation").

The principle of non-partisanship of the municipal service. This principle is the final one in the list given in Art. 4 of the Federal Law "On Municipal Service in the Russian Federation". Its essence lies in the fact that the municipal service, as a public organization, should be free from the control of individual political organizations and movements.

The tasks performed by municipal employees require them to demonstrate neutrality, competence, impartiality. Employees are obliged to be guided in their activities solely by the law and should not be bound by the decisions of parties, political movements and other public associations.

Municipal employees are prohibited from using their official position in the interests of political parties, religious and other public associations, as well as publicly expressing their attitude towards these associations as a municipal employee (clause 12, part 1, article 14 of the law), as well as creating in local governments , other municipal bodies of 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 amateur performance) or contribute to the creation of these structures (clause 13, part 1, article 14 of the law).

At the same time, the principle of "political neutrality" of municipal employees is misunderstood. The law does not restrict freedom of conscience, thought and speech. Every municipal employee has the right to adhere to any views, to be a member of a political party, but not to use the status of an employee for non-official purposes. Thus, the prohibition aims to ensure the objectivity and neutrality of the professional municipal service in relation to all citizens, regardless of their political views and beliefs.

The main goals of the municipal service:

• 1. The municipal service must become an effective social service structure, responsible to the state and accountable to the population.
• 2. The municipal service can successfully function at the lower levels of government, without waiting for commands from the "upper floors", in accordance with the principle of efficiency of management.
• 3. The municipal service is able to more effectively develop the natural, economic, human resources of the municipality through the self-organization of local teams and professional management.

The main tasks of the municipal service are:

ensuring, along with the public service, the rights and freedoms of man and citizen on the territory of the municipality;

ensuring independent decision by the population of issues of local importance;

preparation, adoption, execution and control of decisions within the powers of local governments;

protection of the rights and legitimate interests of the municipality.

Moreover, in terms of tasks, the municipal service is represented by:

• 1) in the social aspect: this is the professional implementation of socially useful activities by persons on behalf of the state;
• 2) in the political: as an activity for the implementation of state policy, the achievement of goals and objectives in society and the state, that is, the stability of social relations depends on its stability and effectiveness;
• 3) in legal terms: the legal establishment of service relations, in the implementation of which the practical fulfillment of official duties and powers of employees is achieved.

In general, if we talk about functions, then the executive and administrative activities are aimed at all areas of the municipality.

First of all, this is the financial sector, that is, the development of a draft local budget, a report on its implementation, as well as direct provision of the local budget.

Further, the development and organization of socio-economic programs for the development of the territory and ensuring their implementation; development of normative legal acts on issues of local importance; management and disposal of municipal property.

An equally important function is the management of municipal health care, the operation of municipal housing stock, communal and road facilities and other municipal enterprises, organizations, and institutions.

Finally, the most important function: the exercise of the powers of state authorities, transferred by federal laws or laws of the subject of the Russian Federation with the simultaneous transfer of the necessary material and financial resources.

So, the functions of the municipal service should be understood as the main directions for the practical implementation of the legal norms of the institution of the municipal service, which contribute to the achievement of the relevant goals of the legal regulation of service relations and the fulfillment by the municipal service of its social role and state-legal purpose.

Each sub-institution of the municipal service performs, along with general, specific functions. For example, the sub-institute for attestation of municipal employees is characterized by the functions of assessment, control, information, etc. The main function of the law of the municipal service is, first of all, to ensure detailed, precise and definite normative regulation of municipal service relations.

Thus, the municipal service contains ten principles that establish patterns in the system of organization and functioning of the municipal service, express the significance, legitimacy, and social value of relations between employees. Also, the municipal service has its own goals, objectives and functions that contribute to the achievement of the relevant goals of the legal regulation of service relations and the fulfillment of its social role and state-legal purpose.