The most important reforms. The significance of the reforms of Alexander II

On February 7, 2007, the State Duma adopted the Federal Law “On Municipal Service in Russian Federation" March 2, 2007 President of the Russian Federation V.V. Putin signed the Federal Law “On Municipal Service in the Russian Federation.” The subject of regulation in the law is relations related to the entry of citizens of the Russian Federation into municipal service, its completion and termination, as well as the determination legal status(status) of municipal employees. The federal law provides for ensuring the unity of the basic principles of organizing municipal service in the Russian Federation and is aimed at ensuring a uniform status for municipal employees.

The concept of the Federal Law provides for ensuring a unified status of municipal employees in terms of their basic rights and obligations, as well as restrictions and prohibitions associated with municipal service. In this part, the main provisions reflect the relationship between the municipal service and the state civil service.

The reform of the civil service, which began with the adoption of Federal Law No. 58 “On the Civil Service System of the Russian Federation”, Federal Law No. 79 “On the State Civil Service of the Russian Federation”, continued with the reform of the municipal service. The Federal Law “On Municipal Service in the Russian Federation” came into force on June 1, 2007.

State civil and municipal services are closely interconnected. As noted by V.A. Kobzanenko, “both of these types of public service, providing power and managerial functions, are carried out on a professional basis by a personnel corps of state and municipal employees, who by their nature have a lot in common and something special”1.

In accordance with Art. 7 Federal Law No. 79 “On the State Civil Service of the Russian Federation” and Art. 5 Federal Law No. 25 “On Municipal Service in the Russian Federation”, the legislator establishes the relationship between state civil and municipal service. Let us consider the most significant of these relationships.

1. Uniformity of basic qualification requirements for positions in the civil service and municipal service.

Qualification requirements include: 1) education requirements, 2) experience requirements and 3) knowledge and work skills requirements.

Educational requirements are established in accordance with Article 12 of Federal Law No. 79, in particular, among the qualification requirements of the categories “managers”, “assistants (advisers)”, “specialists” of all groups of positions, as well as the categories of “supporting specialists” of the main and leading groups of positions includes having a higher education vocational education. In accordance with Art. 6 Federal Law “On Higher and postgraduate education in the Russian Federation", professional education is considered to be received in a state or non-state educational institution that has a license and accreditation, with the award of a degree - bachelor, diploma or master.

What professional education should a head of a legal department, for example, have? Based on the text of the law - any professional. And only for “supporting specialists” of the senior and junior groups is the requirement for average special education, corresponding to the area of activity. A lawyer in a department must have a legal education, but the manager must not. Does this lead to professionalism of state and municipal services? I think no. Moreover, this requirement is necessary for the professionalism of the state civil service, but can it be fulfilled in the territory municipality- settlements where best case scenario On average, two out of ten employees have higher education?

The length of service requirement for federal civil servants is established in accordance with the Decree of the President of the Russian Federation, and for state civil servants of a constituent entity of the Russian Federation and municipal employees - by the legislation of the constituent entity of the Russian Federation. Often, at the level of a constituent entity of the Russian Federation, the requirements for length of service in state civil and municipal services are disproportionate, which is also a violation of the law.

The requirement for work skills and knowledge is established through a system of competition for positions, certification and examination for class rank. If we consider the ratio, then to fill a position in the state civil service, a competition is mandatory, and for municipal employees, according to Federal Law No. 25, in particular it is stated: “a competition may be held to fill a position in the municipal service” - this means that the competition may not be carried out. There is no examination for class rank at all for municipal employees, as well as its assignment.

2. Uniformity of restrictions and obligations when performing civil service and municipal service.

If we consider the restrictions provided for in Art. 16 Federal Law No. 79 “On the State Civil Service of the Russian Federation” and Art. 13 Federal Law No. 25 “On Municipal Service in the Russian Federation”, they are not uniform and unambiguous. In particular, we are talking about restrictions on criminal records: if for state civil servants the presence of an unexpunged or unexpunged criminal record is a restriction, then for municipal employees it is not. This means that if the punishment for a municipal employee is not associated with actual imprisonment or a ban on holding a position (that is, a provision that excludes the possibility of performing official duties), he may well continue his job. official activities, and no one will limit him in this.

Also for municipal employees, the restriction on the loss of citizenship of the Russian Federation sounds different: “6) termination of citizenship of the Russian Federation, termination of citizenship of a foreign state party to the international treaty of the Russian Federation, according to which a foreign citizen has the right to be in municipal service, acquisition of citizenship of a foreign state, or obtaining a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, according to which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be in the municipal service" . This is due to the fact that only a citizen of the Russian Federation can be a state civil servant, and a foreign citizen admitted to the municipal service of the Russian Federation in accordance with an international treaty can also be a municipal employee. Such agreements between the Russian Federation and foreign countries not yet concluded.

As for the unity of obligations, we believe that this is a mistake of the legislator, since the legislator establishes responsibilities for state and municipal employees, but not obligations. In this case, a substitution of concepts occurs. And the responsibilities of state and municipal employees are not equivalent.

For example, for civil servants there is an obligation to carry out the instructions of the relevant managers given within the limits of their authority, established by law Russian Federation.

Firstly, not all powers of managers are established by law; this is the exception rather than the rule.

Secondly, the theory of administrative law, namely the institution of administrative acts, is not known legal form, as an instruction (managers, within the limits of their authority, issue orders and instructions, in accordance with the provisions on state bodies, local governments).

Thirdly, the federal legislator did not establish identical duties for municipal employees, but established legal consequences its failure!

Article 12, part 2: “A municipal employee does not have the right to carry out an unlawful assignment given to him. Upon receipt of an order from the relevant manager, which is, according to municipal employee, unlawful, the municipal employee must present to the manager who gave the instruction, in writing justification for the illegality of this order, indicating the provisions of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of a constituent entity of the Russian Federation, municipal legal acts (a municipal employee is not even a lawyer - author's note), which may be violated in the execution of this instructions. If the manager confirms this order in writing, the municipal employee is obliged to refuse to execute it.” Then why write justifications at all, confirm the execution of instructions - if the legal consequences are already known?

3. Uniformity of requirements for professional training, retraining and advanced training of civil servants and municipal employees.

What unity of requirements can we talk about if municipal employees are guaranteed, in accordance with Federal Law No. 25, only advanced training, and we do not find in the Federal Law “On Municipal Service in the Russian Federation” requirements either for the training of municipal employees or for their retraining?

4. Correlation between the basic conditions of remuneration and social guarantees for civil servants and municipal employees.

Remuneration for civil servants is regulated in accordance with Article 50 of Federal Law No. 79 and consists of salary and other payments and allowances. Moreover, paragraph 14 of Art. 50 establishes that, depending on efficiency and effectiveness indicators, a different remuneration procedure may be established for civil servants. For municipal employees, the concept of “wages” is not introduced at all and is replaced by the concept of salary. That is, the legislator has not even established a single conceptual apparatus, but the unity of the correlation of the basic conditions is established.

Also in connection with the adoption of the new edition of the Budget Code, namely, according to Art. 136, part 2, it will be necessary to make changes to the Federal Law “On Municipal Service in the Russian Federation”. If, in accordance with Art. 22 Federal Law No. 25, local governments independently determine the amount and conditions of remuneration for municipal employees, then, in accordance with Art. 136, part 2: “Municipal entities in whose budgets the share of interbudgetary transfers from other budgets budget system of the Russian Federation (except for subventions) and (or) tax revenues for additional deduction standards during two of the last three reporting financial years exceeded 10 percent of the local budget’s own revenues, starting from the next financial year, do not have the right to exceed those established by the highest executive body state power of a constituent entity of the Russian Federation standards for the formation of expenses for remuneration of deputies, elected officials of local self-government exercising their powers on a permanent basis, municipal employees and (or) maintenance of local government bodies (clause 2 as amended by Federal Law No. dated 26.04.2007 63-FZ)".

5. Taking into account municipal service experience when calculating civil service experience and civil service experience when calculating municipal service.

This requirement, as well as state pension provision for citizens who served in civil service, and citizens who served in municipal service, and their families in the event of loss of a breadwinner, are correlated for civil and municipal services.

Thus, having considered a number of issues of the legislative requirement on the relationship between civil and municipal services, we come to a disappointing conclusion: the legislator himself has violated these requirements.

1 Kobzanenko V.A. Public legal nature of the status of civil and municipal employees: general and special // Constitutional and municipal law. 2003. No. 3.

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FEDERAL STATE BUDGET EDUCATIONAL INSTITUTION OF HIGHER PROFESSIONAL EDUCATION

« Russian Academy National economy and stateSERVICES ATPresident of the Russian Federation»

TYUMEN BRANCH

TEST

on the topic: “Reforming the civil service in Russia”

discipline: Fundamentals of state and municipal management

Tyumen, 2014

Introduction

1. Theoretical foundations of the concepts of civil service

1.1 State civil service

1.2 Military and law enforcement services

2. History of reform of the state civil service in Russia

2.1 First stage (1992-1997)

2.2 Second stage (1996-1998)

2.3 Third stage (late 2000 to mid-2001)

2.4 Fourth stage (2002-2007)

2.5 The current stage of civil service reform

3. Reform and development of the civil service system of the Russian Federation

3.2 O federal program“Reform and development of the civil service system of the Russian Federation” (2009-2013)

3.3 Timing and stages of the Program implementation

Conclusion

Bibliography

Introduction

The first decade of the 20th century changed many states, including Russia. Democratization and the formation of market relations became the basis for the development of the new system. One of its features is the emergence of such a social and legal institution as “civil service”.

The civil service can be considered broadly - as a large-scale multifunctional system that fully ensures the functioning of the public sector and performs two main functions - organizational and social services, and narrowly - as a professional activity to ensure the fulfillment of the powers of government bodies.

Main question modern Russia- its formation as a dynamically developing state. Achieving this goal is impossible without the effective functioning of the country's governance system. Training and improving the professional level of civil service personnel has become one of the important tasks states.

Reforming the civil service is a serious and urgent problem, since “a lot, almost the entire line of history, depends on the civil service and its apparatus in the life of society, in the fate of people - citizens of the state...”

The relevance of the work is also determined by the fact that in the process of reform state system modern Russia important acquires the formation of an effectively functioning public service. The strategic goal is to build a strong, democratic, rule of law, which presupposes the coordinated, effective work of all components of state power. It is such a state that can become a guarantor of stability and successful development in the situation of “a global challenge in which the country finds itself.”

An important role in optimizing the activities of the state apparatus, increasing its role in the implementation of the tasks facing the country and society, is played by civil servants, who are called upon to serve as intermediaries in power relations between the state and society, social strata and population groups, individuals and citizens.

In Russia, reform of the civil service is seen as component. Administrative reform means, at first glance, similar and interrelated, but still different transformations in certain areas of public administration. Administrative reform is not a one-time event, but a progressive process. The next requirement from here is that it is necessary to avoid general abstract programs and set clear, measurable goals.

Civil service reform consists of revising the status of civil servants and the procedure for their performance of civil service in order to make the state a competitive employer, and civil servants effective performers of state functions - this is its main significance for administrative reform.

The purpose of this work is to study the main stages and concepts of civil service reform programs in the Russian Federation.

Test objectives:

1. Consider the need and main stages of reforming the civil service in the Russian Federation.

2. Consider the concepts and programs for reforming the civil service in the Russian Federation.

3. Study the programs for reforming the civil service of the Russian Federation.

state law enforcement civil reform

1. Theoretical foundations of the concepts of public service

The civil service of the Russian Federation (hereinafter referred to as the civil service) is the professional service activity of citizens of the Russian Federation (hereinafter referred to as citizens) to ensure the execution of powers:

Russian Federation;

Federal government bodies, other federal government bodies;

Subjects of the Russian Federation;

State authorities of the constituent entities of the Russian Federation, other state bodies of the constituent entities of the Russian Federation (hereinafter referred to as the state authorities of the constituent entities of the Russian Federation);

Persons holding positions established by the Constitution of the Russian Federation, federal laws for the direct execution of the powers of federal government bodies (hereinafter referred to as persons holding government positions in constituent entities of the Russian Federation);

Persons holding positions established by the constitutions, charters, laws of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies of the constituent entities of the Russian Federation (hereinafter referred to as persons holding public positions of the constituent entities of the Russian Federation).

Thus, work in government organizations is no longer considered a public service. This is an ordinary hired job that has nothing to do with public service. The status of the persons who perform it is determined by labor legislation. Special legislation on civil service does not apply to them.

The Federal Law “On the Civil Service System of the Russian Federation” dated May 27, 2003 No. 58-FZ classifies the civil service into the following types that make up its unified system:

1. state civil service;

2. military service;

3. law enforcement service.

1.1 State civil service

The State Civil Service of the Russian Federation (hereinafter referred to as the civil service) is a type of public service that represents the professional service activity of citizens of the Russian Federation in positions of the state civil service to ensure the execution of the powers of federal government bodies, government bodies of constituent entities of the Russian Federation, and persons holding government positions in the Russian Federation. , and persons holding government positions in the constituent entities of the Russian Federation.

State civil service of a constituent entity of the Russian Federation is the professional service activity of citizens in 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.

The state civil service of the Russian Federation is divided into the federal state civil service (hereinafter referred to as the federal civil service) and the state civil service of the constituent entities of the Russian Federation (hereinafter also referred to as the civil service of the constituent entities of the Russian Federation).

Other types of federal public service are established by introducing amendments and additions to this Federal Law.

Legal regulation and organization of the federal state civil service of a constituent entity of the Russian Federation is under the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, and its organization is under the jurisdiction of a constituent entity of the Russian Federation.

The principles of the civil service are:

1) priority of human and civil rights and freedoms;

2) the unity of the legal and organizational foundations of the federal civil service and the civil service of the constituent entities of the Russian Federation;

3) equal access for citizens who own state language Russian Federation, to the civil 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, as well as other circumstances not related to professional and business qualities of a civil servant;

4) professionalism and competence of civil servants;

5) stability of the civil service;

6) availability of information about the civil service;

7) interaction with public associations and citizens;

8) protection of civil servants from unlawful interference in their professional activities.

Regulation of relations related to the civil service is carried out:

1. The Constitution of the Russian Federation;

2. Federal Law “On the State Civil Service of the Russian Federation”;

3. this Federal Law;

4. other Federal laws, including federal laws regulating the specifics of the civil service;

5. decrees and orders of the President of the Russian Federation (For example, Decree of the President of the Russian Federation “On approval general principles official conduct of civil servants" dated August 12, 2002 No. 885 as amended by Decrees of the President of the Russian Federation dated July 16, 2009 No. 814);

6. resolutions of the Government of the Russian Federation;

7. regulatory legal acts of federal bodies executive power(federal ministries, services, agencies);

8. constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;

9. regulatory legal acts of government bodies;

1.2 Military and law enforcement services

Military service and law enforcement service are types of federal public service.

Military (and law enforcement service) is a type of federal public service, which represents the professional service activity of citizens 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, other troops, military (special) formations and bodies performing functions to ensure the defense and security of the state. Such citizens are assigned military ranks.

Military duty of citizens provides for:

Military registration;

Mandatory preparation for military service;

Conscription;

Walkthrough military service on call;

Stay in stock;

Conscription for military training and military training while in reserve.

The legal basis for military duty and military service is the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of defense, military duty, military service and the status of military personnel, international treaties RF.

Military service is carried out:

Citizens - by conscription and voluntarily (under contract);

Foreign citizens - under contract in military positions to be filled by soldiers, sailors, sergeants and foremen in Armed Forces Russian Federation, other troops and military formations.

Law enforcement service is a type of federal public service, which is the professional activity of citizens in law enforcement positions in government bodies, services and institutions that carry out functions to ensure security, law and order, to fight crime, to protect the rights and freedoms of man and citizen. Such citizens are awarded special titles and class ranks.

2. History of reform of the state civil service in Russia

The history of Russian statehood contains rich experience in the formation and development of the apparatus of state power. The division of “servants” into “state service” (which took place mainly in the army) and “order work”, which meant service in government bodies, occurred in the middle of the 17th century.

In subsequent years, Russian legislation on the civil service was constantly transformed. However, changes in legal regulations on civil service were mainly derived from socio-economic and political realities in the country. In the years Soviet power there was no legal framework for the institution of public service, and the service itself in government bodies was regulated by acts of various legal force and industry affiliation: some of them applied to all civil servants, others - to certain groups of people most often employed in a specific branch of management.

A number of decrees introduced class ranks and ranks in some industries; by a decree of the Council of People's Commissars in 1922, “Temporary Rules on Work in State Institutions and Enterprises” were adopted; in 1967, the State Labor Committee approved a unified nomenclature of employee positions. The nomenclature was understood as a list of the most important positions in the state apparatus and in public organizations, candidates for which were previously considered, approved and recalled by party committees - from the district committee (city committee) to the party Central Committee.

The most significant function of the nomenklatura was the function of political governance of the country, which existed until the liquidation of Soviet power. In 1990, a global political crisis began, marking the beginning of the liquidation Soviet statehood and management. New economic and political conditions required a radical restructuring of the state apparatus and its adaptation to the new stage of the country's development. One of current issues was the creation of a corps of professional civil servants who could work in conditions political pluralism and market relations.

It should be noted that the concept of reforming the civil service system of the Russian Federation was the first to state the absence in the Russian Federation of an integral and integrated system legal support public service at the federal level and at the level of constituent entities of the Russian Federation, which is due to the following main circumstances:

1) the current legislation of the Russian Federation on public service is internally contradictory, since the legal basis for the types of state federal service is regulated by various legislative acts of the Russian Federation that do not correspond to each other;

2) in the constituent entities of the Russian Federation various legislative acts have been adopted on issues of public service, which in some cases contradict the legislation of the Russian Federation;

3) in general, the legislation of the Russian Federation on public service is characterized by incomplete legislative regulation of public-service relations.

Such very critical conclusions, nevertheless. objective nature, they required the adoption of comprehensive measures to change the current situation, which found very prompt expression in the legislation of the Russian Federation.

Several stages can be distinguished in reforming the civil service system of the Russian Federation.

2.1 First stage (1992-1997)

In 1992, the concept of civil service reform was developed, providing for the adoption of a framework law on civil service, which would serve as a starting point for further regulatory legal regulation in this domain. However, the law was not adopted.

Real steps towards establishing the civil service in our country were taken in 1993 and the first half of 1995. Under the President of the Russian Federation, on June 3, 1993, the Council on Personnel Policy was established, in February 1994 - the Federal Civil Service Administration, in June - the Russian Academy of Public Service under the President of the Russian Federation (on the basis of the former Academy social sciences under the Central Committee of the CPSU).

The Constitution of the Russian Federation of 1993 laid the foundations for the first time for legislative regulation of the institution of public service as essential element government controlled. Over the past few years, the entire system of the Russian civil service has been formed on the basis of its principles.

In 1993, the President of the Russian Federation issued a Decree approving the Regulations on civil service only in government bodies at the federal level. This Regulation became the first comprehensive regulatory legal act on the civil service. It was the first to define public service. This document, according to the developers, was supposed to contribute to the formation of a state apparatus of highly qualified specialists standing outside the economic and political influences, and ensure the stability of the legal status of civil servants. As a result, the foundations of the civil service in Russia were laid.

Subsequently, it became obvious that decrees and by-laws alone could not regulate the entire sphere of public service. The need for the law became obvious.

Adopted on July 31, 1995, the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” (hereinafter also referred to as the Law on the Fundamentals of the Civil Service) became a stage in the further formation of normative legal framework public service in our country. This law already had a broader scope, covering service in government bodies at the federal and regional levels. The federal law established the legal basis for organizing such a service and the basis for the legal status of Russian civil servants. This law for the first time legally enshrined the definitions of the concepts of civil service as professional activity to ensure the execution of powers of state bodies, the principles of civil service are defined. The law established legal status civil servants, restrictions related to entry into the civil service, legal guarantees, responsibility of civil servants, the procedure for citizens to perform public service.

According to its functional purpose, the law on the fundamentals of civil service was supposed to become the main one and be the basic legislative act defining the legal status of civil servants and applying to all civil servants, regardless of the type of civil service.

However, despite the undeniably positive significance of this Federal Law, a comprehensive, effective system for ensuring legal regulation of the civil service in the Russian Federation has not been fully formed. Military and law enforcement services continued to be regulated by separate legislation, which was formed much earlier, developing autonomously.

An analysis of the provisions of Federal Law No. 119-FZ of July 31, 1995 shows that it contained a large number of reference norms to federal laws (42), to laws of constituent entities of the Russian Federation (20) and to by-laws (17).

Along with federal laws and decrees of the President of the Russian Federation, there were a number of Decrees of the Government of the Russian Federation adopted in pursuance of these regulatory legal acts.

Eventually Russian legislation on the civil service at that time was characterized by chaotic and contradictory normative legal acts on the federal civil service, on service in individual government bodies (prosecutor's office, internal affairs, customs authorities).

The absence of a unified system of legal regulation at the federal level has led to the fact that the constituent entities of the Russian Federation developed their own approaches to the legal regulation of the public service. This circumstance was largely explained by normative uncertainty: the framework law on the fundamentals of public service left the civil service of the subjects under their jurisdiction, while clause “k” of Article 72 of the Constitution of the Russian Federation refers administrative and labor legislation to the joint jurisdiction of the Federation and its subjects.

As a result, a situation arose where in the regions the legal foundations of the public service were regulated by various regulatory legal acts that were not consistent with federal legislation and with each other. For example, in legislative acts Bashkiria, the Mari Republic, Tatarstan, the term “qualification rank” was replaced by the term “class rank”. IN Irkutsk region, where there was a separate division of government positions into groups, different from the federal one, it was envisaged parallel existence and qualification categories and class ranks. Regional salary standards for civil servants also differed significantly. And, as a result, wages and social protection of civil servants in some subjects of the Federation exceeded the level determined for federal employees.

It is obvious that at this stage it was not possible to create a coherent public service system in the country. The new tasks and responsibilities of civil servants were not clearly defined. Regulatory legal acts were adopted piecemeal and could not ensure the integrity and unity of the institution of civil service of the Russian Federation, which made it difficult to implement the already adopted acts and necessitated additional clarification on their application.

The current state of the civil service could not but affect the efficiency of the work of public authorities.

2.2 Second stage (1996-1998)

In September 1996, the head of state was presented analytic note“On the problem of weak controllability of state processes,” where the main problem was the need to prepare a concept for a new legal order in public administration. During this period, 12 versions of the concept of administrative reform were prepared. For the first time, the systemic shortcomings of the existing civil service were analyzed and the main directions of reform were identified - to increase the professionalism of the civil service and the efficiency of interaction between executive authorities and civil society. On March 13, 1998, a discussion of the draft concept of administrative reform took place in the Administration of the President of Russia. The meeting participants expressed the conviction that it would not be advisable to attempt its practical implementation before the year 2000.

2.3 Third stage (late 2000 to mid-2001)

During this period, the conceptual new approach in the sphere of modernization of the country's civil service institution as a whole. It was marked by the approval of the Concept for reforming the civil service system of the Russian Federation (hereinafter referred to as the Concept) and the Plan of priority measures for its implementation. Within the framework of this Concept, the need to transform the civil service was substantiated and the priority option for its reform was considered.

The concept provided for a radical update of federal legislation in the field of public civil service. The fundamental provision of this document was the formation of a unified public service system in our country.

The Concept identified the main goals of reforming the civil service as follows:

1. Increasing the efficiency of the public service in the interests of developing civil society and strengthening the state.

2. Creation whole system public service, taking into account the historical, cultural, national and other characteristics of Russia.

As a result of the reform, the civil service should be a holistic institution based on common principles and include two subsystems: the federal civil service and the civil service of the constituent entities of the Federation. Effective mechanisms had to be created to prevent, identify and eliminate circumstances conducive to corruption and abuse in the public service. It was supposed to increase the motivation of civil servants and the competitiveness of civil service as a type of professional activity. The Concept as a whole identified the main tasks and stages of civil service reform. Particular attention was paid to the need to reform the civil service system in conditions of openness and with the participation of civil society institutions. Decree of the President of the Russian Federation of August 12, 2002 No. 885 “On approval of general principles of official conduct of civil servants” was issued.

2.4 Fourth stage (2002-2007)

In 2002, the federal program “Reform of the civil service of the Russian Federation (2003-2005)” was adopted, the implementation of which was carried out in 2003-2005 (hereinafter referred to as the federal program). The program was later extended until 2007.

This program was intended to increase the efficiency of the public service as a whole, its types and levels, and optimize the costs of public administration. The main objectives of the reform included the creation of a single, stable and unified legislative framework for the civil service, ensuring the relationship between various types civil service, delimitation of the legislative competence of the Federation and its subjects.

Subjects of the Russian Federation were recommended due to own funds take part in the implementation of activities provided for by the federal program, as well as develop and approve their own regional programs for reforming the civil service of the subjects.

As a result of the implementation of the Concept and the federal program, it should have been ensured, among other things, “the creation of a professional civil service based on the principles of accounting and evaluating the results of the performance of civil servants.” The tools for solving these problems were:

Introduction of a contract (based on job regulations, including performance indicators for the provision of services by state civil servants) instead of an employment contract;

Ensuring competition when filling positions in the state civil service;

Introduction of mechanisms for identifying and resolving conflicts of interest in the state civil service;

Legislative regulation of professional ethics of state civil servants.

The Concept and federal program adopted at the federal level were basic documents, defining approaches to reforming the civil service.

Among the first results that were achieved during the reform of the civil service, it should be noted the preparation of a regulatory legal framework that consolidates mechanisms for ensuring the unity of the system of functioning of the three types of civil service - civil, military and law enforcement. The relationship between state civil and municipal services has been ensured.

On May 27, 2003, Federal Law No. 58-FZ “On the Civil Service System of the Russian Federation” was adopted, which for the first time legally established the specific classification of civil service and its division into independently distinct types (state civil service; military service; law enforcement service). At its core, this law was basic, which established general principles and consolidated the foundations of legal regulation of the civil service in Russia.

In development of this law, on July 27, 2004, Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter also referred to as the law on civil service) was adopted, which regulates issues of the state civil service as one of the types of public service. This law, in its subject matter of regulation, covers a wide area of public relations, defines the rules for a specific type of public service: establishes the legal, organizational and economic foundations of the federal state civil service and the state civil service of the constituent entities of the Russian Federation.

2.5 The current stage of civil service reform

As a result of the implementation of federal program activities, complex and complex problems in the field of public service, the need to set goals and objectives next stage reform and development of this institution.

A number of tasks of reforming the civil service remained unresolved. The provisions of the Concept and legislation of the Russian Federation on the formation of a public service management system were not implemented. Today this system is just beginning to take shape. Here the experience of creating with the apparatus seems valuable authorized representatives President of the Russian Federation in federal districts, under the heads of the constituent entities of the Russian Federation, special councils for state and municipal administration, councils and commissions on local self-government under the Government of Russia, under the Federation Council and the State Duma of the Federal Assembly of the Russian Federation.

In the legislative sphere, it is currently necessary to adopt federal laws on law enforcement service, on military service, on health insurance for civil servants, and on state pension provision for citizens who served in public service and their families.

One of the fundamental problems is the delimitation of the competence of the Federation and its subjects in the field of legal regulation in the field of public service.

The development and adoption of regulatory legal acts in the field of public service, both at the federal and regional levels, must ensure the unity of the system of federal executive authorities and executive authorities of the constituent entities of the Federation in accordance with the constitutional principles of delimitation of competence.

During the reform, a large set of measures was implemented in the constituent entities of the Federation to implement the federal program for reforming the civil service of the Russian Federation in the period 2003 - 2007: an analysis and assessment of the real state of the civil service in the regions was carried out, regulatory legal acts and their own reform programs were approved. In almost all subjects of the Federation, work was carried out to develop a methodology for reforming the civil service, a search was carried out for rational methods and ways of managing the civil service and implementing them in practice. However, the analysis of relevant regulatory legal acts by specialists shows that in most cases there is a practice of copying the provisions of the law on the civil service without any attempts to disclose these provisions, taking into account the specifics of local conditions and needs.

In intensifying the reform of the civil service, it is important to take into account the state of its personnel, its quantitative and qualitative parameters, the main development trends, and to use the unclaimed abilities of civil servants.

The law on the civil service includes, among the priority areas for the formation of its personnel, along with the professional training of civil servants, their retraining, advanced training and internship. The law defines the components of additional professional education, their purpose, goals and implementation procedures. However, with the existing system of state educational institutions, there is no insufficiency of state funding (including in the implementation of state orders, especially in the constituent entities of the Federation) real possibility provide an increase professional qualifications civil servants at least once every three years, as required by law.

All these problems are supposed to be solved by the new federal program “Reform and development of the civil service system of the Russian Federation (2009-2013).” The implementation of the program includes two stages. At the first stage, in 2009-2010, it is planned to improve federal legislation in the field of public service, in particular to develop and implement anti-corruption mechanisms (part of this work has already been completed), to complete the development of modern personnel, educational, information and management technologies and mechanisms that ensure the effectiveness of professional official activities of civil servants. At the second stage (2011 - 2013), it will be necessary to monitor public opinion about the effectiveness of the civil service and the effectiveness of the professional performance of civil servants; carry out a set of measures aimed at increasing the prestige of the public service; formulate support mechanisms state guarantees for civil servants; ensure the introduction of modern personnel, educational, information and management technologies in the public service; complete the formation of a unified public service management system.

However, despite the extensive range of measures provided for by the program, even today some experts doubt their productive implementation.

Experts call one of the main disadvantages of this document its one-sided legal orientation in solving problems of the civil service, mainly by legal methods without real practical support. Many aspects of the personnel policy pursued by the President of the Russian Federation are not addressed in the program. For example, issues of reform and development of the municipal service, its relationship with the civil service remain in the shadows. This is not included in the program important direction policies of the head of state, such as the formation and use of a reserve of managerial personnel.

It seems advisable, before time is lost, to take into account the opinion of scientists and practitioners and, if possible, make certain adjustments to the program so that the effect of the implementation of activities is maximized and its implementation does not have to be postponed to a later date.

3. Reform and development of the civil service systemRF

3.1 Contents of the problem and justification for the need to solve it

Being a complex organizational, legal and social institution, the civil service ensures that civil servants perform the constitutional functions of the state, the activities of public authorities, other government bodies, individual government institutions, as well as the powers of persons holding government positions in the Russian Federation.

The Russian civil service is the most important instrument of transformation in government, the economy, the social sphere, and national security. However, the current state apparatus is not equipped to solve many strategic problems. Internal contradictions have accumulated in the civil service itself as a type of professional activity.

The main goals and objectives of reforming the civil service system of the Russian Federation were formulated in the Concept of reforming the civil service system of the Russian Federation, approved by the President of the Russian Federation in 2001. In accordance with the Concept, the foundations of a unified public service system have been created, legal, organizational and economic principles functioning.

In the process of forming the civil service, the state civil service was formed as a type of public service, a system of federal state civil service of the constituent entities of the Russian Federation was built, the principles of the relationship between the state civil service and municipal service were enshrined, the transformation of the military service began, and proposals were developed for the formation of the legal foundations of the law enforcement service.

An important stage in the reform of the civil service was the adoption in 2003 of the Federal Law “On the Civil Service System of the Russian Federation”, in 2004 of the Federal Law “On the State Civil Service of the Russian Federation”. In 2007, the Federal Law “On Municipal Service in the Russian Federation” was adopted.

In order to implement federal laws on public service, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation were issued.

New approaches to the formation of personnel in the state civil service have been identified, competitive selection for vacant positions in the state civil service has been introduced and qualification requirements to state civil servants, the participation of independent experts in certification, competition commissions and in commissions for compliance with requirements for official conduct and resolution of conflicts of interest in the state civil service is ensured.

Civil society places significantly increased demands on public service. However, the assessment of the professional performance of civil servants is still poorly linked to how well the government agency provides public services to citizens and organizations.

The work of personnel services of government bodies still uses outdated technologies and there is no purposeful work to attract young promising personnel.

Modern methods of planning and regulating the work of civil servants are not widespread, and the mechanisms provided for by the legislation of the Russian Federation to encourage civil servants to perform civil service duties at a high professional level are not fully implemented, which reduces the motivation of civil servants.

Quality vocational training civil servants does not sufficiently meet the development needs of the civil service.

These problems are largely associated with the lack of scientifically based and tested methods for applying the norms of the legislation of the Russian Federation on public service. Conducting experiments, developing job regulations, and using new personnel technologies in the public service are not systematic. The methodology for holding competitions for filling vacant positions in the civil service has not been sufficiently developed, qualifying exams and certification of civil servants.

The relationship between civil service reform and budgetary, administrative, judicial and military reforms, local government reform and other changes in the field of public administration.

Insufficient openness of the civil service contributes to manifestations of bureaucracy and corruption.

Experience in implementing the activities of the federal program “Reforming the Civil Service of the Russian Federation (2003 - 2005)”, extended for the period 2006 - 2007 by Decree of the President of the Russian Federation of December 12, 2005 N 1437 “On extending the implementation period of the federal program “Reforming the Civil Service of the Russian Federation” Federation (2003 - 2005)" for 2006 - 2007", revealed the complexity and complex nature of the problems of reforming the civil service, the need to set goals and objectives for the next stage of reform and development of the civil service.

The success of reform and development of the civil service system depends on the development and implementation of measures aimed at modernizing the civil service as a unified system, as well as practical use new technologies of public administration. The modern civil service must be open, competitive and prestigious, focused on the effective activities of civil servants to ensure the execution of the powers of government bodies, and must actively interact with the institutions of civil society.

3.2 About the federal program “Reform and development of the civil service system of the Russian Federation” (2009-2013)

Taking into account the circumstances described above, there was a need to develop a federal program “Reform and development of the civil service system of the Russian Federation (2009-2013)”. Approved by Decree of the President of the Russian Federation of March 10, 2009 N 261 On the federal program “Reform and development of the civil service system of the Russian Federation” (2009-2013).

Created in order to improve the civil service system of the Russian Federation, increase the effectiveness of the professional work of civil servants.

Purpose of the program:

Creation of an integral system of the civil service of the Russian Federation (hereinafter referred to as the civil service) by completing the reform of its types and creating a civil service management system, forming highly qualified personnel of the civil service, ensuring the efficiency of public administration, the development of civil society and the innovative economy.

Program objectives:

Ensuring the interconnection of types of public service, as well as state and municipal services

Formation of a modern legal basis for military and law enforcement service, improvement of the legal basis for the state civil service of the Russian Federation

Creation of a civil service management system

Formation of a system for monitoring public opinion on the effectiveness of the civil service and the effectiveness of the professional performance of civil servants

Development and introduction of anti-corruption standards in the form of establishing a unified system of prohibitions, restrictions, responsibilities and permissions for state and municipal services aimed at preventing corruption

Development of a mechanism for preventing corruption, identifying and resolving conflicts of interest in the public service

Creation of a system for monitoring the activities of civil servants by civil society institutions

Streamlining and specifying the powers of civil servants, which should be enshrined in official regulations

Output optimal system interaction between civil society institutions and funds mass media with government bodies, excluding the possibility of unlawful interference in the activities of government officials

Improving the mechanism to ensure that civil servants comply with the general principles of official conduct approved by Decree of the President of the Russian Federation of August 12, 2002 N 885 “On approval of the general principles of official conduct of civil servants”

Regulation of the function of providing advisory assistance federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies established in accordance with the Constitution of the Russian Federation (hereinafter referred to as state bodies), on issues related to the application in practice of the general principles of official conduct of civil servants

Methodological support for the activities of commissions to comply with requirements for official conduct and resolve conflicts of interest

Development of a mechanism for taking measures to prevent conflicts of interest, including after a civil servant leaves public service

Development of a procedure to ensure the conduct of official investigations into cases of corruption by civil servants

Regulation of issues related to increasing pay and optimizing pension provision for civil servants

Improving work aimed at prioritizing the implementation of measures to prevent and combat corruption in the public service

Implementation into practice personnel work state bodies rules, according to which the long-term, impeccable and effective performance by a civil servant of his official duties must be taken into account when appointing him to a higher position, assigning him a military or special rank, class rank, diplomatic rank or when encouraging him

Improving the organizational and legal mechanisms of professional performance of civil servants in order to improve the quality public services services provided by government agencies to citizens and organizations

Implementation effective technologies and modern methods of personnel work aimed at increasing professional competence, motivating civil servants and providing conditions for increasing the effectiveness of their professional work

Development of a system of measures aimed at improving the procedure for performing public service and stimulating the conscientious performance of public service duties at a high professional level

Reducing the excessive number of civil servants while simultaneously attracting the most qualified specialists to the civil service and creating adequate financial incentives depending on the volume and results of the work of civil servants

Formation and implementation of training programs for the civil service and professional development of civil servants

Development of a system of additional professional education for civil servants

Improving the system of state guarantees in the civil service

Introduction of modern incentive mechanisms for civil servants

Expected results of the Program implementation

As a result of the implementation of the Program, the following should be ensured:

a) formation and development of types of public service;

b) development and implementation of legal and organizational mechanisms for the interconnection of types of public service;

c) creating the necessary conditions for the professional development of civil servants;

d) development of standards of professional professional ethics and rules of business conduct for civil servants, as well as mechanisms to ensure their compliance;

e) ensuring openness of the civil service and its accessibility to public control;

f) development and implementation of anti-corruption programs in the public service system;

g) introduction of a methodology for developing job regulations for civil servants and revising them when administrative regulations of state bodies change;

h) development of an organizational model and legal framework for the management system of the state civil service of the constituent entities of the Russian Federation;

f) creation of a methodological basis for the activities of commissions to comply with requirements for official conduct and resolve conflicts of interest;

j) creation and implementation of a system of performance indicators for the professional performance of civil servants, differentiated according to the areas of activity of government bodies;

k) improving the procedure for filling vacant civil service positions on the basis of competition, ensuring equal access of citizens to public service;

l) introduction and improvement of mechanisms for the formation of a personnel reserve, certification and rotation of civil servants;

m) updating the content of training programs and additional professional education for civil servants and introducing modern educational technologies into the process of their training;

o) development and implementation of programs and individual plans for the professional development of civil servants in government agencies;

o) development and implementation in government bodies of modern mechanisms for stimulating the labor development of civil servants;

p) implementation of additional state guarantees of housing rights of civil servants established by the legislation of the Russian Federation;

c) development of the legal framework for protecting civil servants (and members of his family) from violence, threats and other misconduct in connection with the performance of his official duties.

3.3 Timing and stages of the Program implementation

For the entire period of implementation of the Program, the volumes and sources of financing from the federal budget have been determined, 691 million rubles are provided, including for financing the first stage of the Program implementation (2009-2010) - 258.6 million rubles, for financing the second stage of the Program implementation ( 2011-2013) - 432.4 million rubles.

The program is medium-term in nature and is being implemented in two stages. At the first stage (2009-2010), it is necessary to improve federal legislation in the field of public service, taking into account law enforcement practice; organize methodological assistance to the constituent entities of the Russian Federation and municipalities in the development of the state civil service of the constituent entities of the Russian Federation and municipal services; create the legal and organizational foundations of a unified public service management system; develop and implement anti-corruption mechanisms; complete the development of modern personnel, educational, information and management technologies and mechanisms that ensure the effectiveness of the professional work of civil servants.

At the second stage (2011-2013), it will be necessary to monitor public opinion on the effectiveness of the civil service and the effectiveness of the professional performance of civil servants; carry out a set of measures aimed at increasing the prestige of the public service; to form mechanisms for ensuring state guarantees for civil servants; ensure the introduction of modern personnel, educational, information and management technologies in the public service; complete the formation of a unified public service management system.

The experience of implementing the activities of the federal program “Reforming the Civil Service of the Russian Federation (2003-2005)”, extended for the period 2006-2007, revealed the complexity and complex nature of the problems of reforming the civil service, the need to set goals and objectives for the next stage of reform and development of the civil service.

A number of areas for reforming the civil service remained unrealized, including the provisions of the Concept and legislation of the Russian Federation on the formation of a public service management system.

The implementation of the Program will make it possible to complete the qualitative transformation of the civil service system, optimize its organization and functioning based on the principles established by the legislation of the Russian Federation, and introduce modern personnel, information, educational and management technologies in the civil service.

Conclusion

All stages of reforms since 1992 have been preparatory steps, on which the theoretical basis was developed and honed, reasoned and substantiated guidelines for action were prepared, and public opinion. The key elements of the functioning of the civil service, which determine the quality, efficiency and result of the execution by employees of certain public functions on behalf and on behalf of the state, have remained untouched.

Reforming the civil service at the current stage of development of Russia (within the framework of administrative reform)

Functioning of the civil service institution

The specifics of the public service institution are determined by the goals and directions of activity and are expressed in its functions. This institute is distinguished by the dual focus of its activity. Firstly, it is called upon to serve the state, ensure the execution of the powers of its bodies, implement laws adopted by parliament and policies developed by the executive branch. Secondly, to serve society, bring order and rational organization to social space, ensure human rights and freedoms, improve the quality of life of the population. Administrative institutions must provide citizens, social groups and organizations with a variety of services and take care to satisfy their needs and requirements. The population pays for these services and is in an equal position with officials.

Thus, in public legal relations, the administrative system of subordination is replaced by partnerships between the state and citizens. This is what determines the general and special functions of the civil service. As an element social structure The institution of civil service plays a connecting role between the state and society and reproduces public legal relations. Possessing a certain set of social norms, this institution standardizes the behavior of officials and makes it predictable. Its main function is administration. Civil servants carry out forecasting, planning, decision making, control, supervision, etc., i.e. work to implement all stages of the management cycle.

Based on the main task - administration, government officials perform strategic, social, protective, logistical, financial, communal, registration general functions. From the general ones follow the special functions of the civil service. They are performed by employees of government agencies. It is necessary to distinguish the functions of state bodies from the functions of state institutions. Under function government agency is understood as activity aimed at achieving its goal, and the function government agency-- public service. For example, a government agency performs social function, and its institutions - public services in the fields of education, culture, physical education, health care, employment and unemployment, social security, guardianship and trusteeship.

Government agencies are actively involved in concluding and implementing administrative contracts, registering small businesses, licensing and quotas. This practice allows government agencies to establish certain standards in certain areas of activity: trade, catering, consumer services, training, etc. The work of administrative structures on the systematic collection of information for adoption is expanding. government decisions. On issues such as environmental and technological safety, monitoring is established, examinations, investigations, etc. are carried out. Discretionary activities are developing, i.e. resolving administrative and legal issues at its own discretion.

For successful implementation external, administrative function, the institution of civil service performs internal, auxiliary functions in relation to officials. They are aimed at legal, financial, organizational, Information Support activities of officials. If conditions have not been created for the fulfillment of the tasks of officials, office work, economic services, advanced training, etc. have not been organized, the civil service institution will not be able to properly perform general and special functions. Among the auxiliaries! The following functions of the civil service institute are distinguished:

1) organizational function. The Civil Service Institute carries out a rational approach to building a bureaucratic organization, balancing official structures, coherence of all its links, optimizing management procedures and technologies, streamlining joint activities officials;

2) regulatory function. The civil service institute ensures the regulation of relationships between officials on the basis of developed patterns of behavior. Each official fulfills role requirements, administrative regulations and knows what to expect from the people around him;

3) integrative function. Through legal norms, rules and sanctions, the institution of civil service creates conditions for cohesion, interdependence and mutual responsibility of people. This means that government decisions are generally binding. Integrative processes increase the stability of elements of the social structure;

4) broadcasting function. In connection with the change of generations, the civil service institution provides a mechanism for the transfer of social and professional experience, which allows officials to socialize, i.e. master its values, norms and roles;

5) communicative function. The Civil Service Institute produces information for official use and for external relations with other institutions. Through the civil service channel, interaction between the state and society is established, public opinion is studied, and state policy is adjusted.

Along with the officially declared ones, obvious to everyone, the institution of civil service also performs latent functions. A hidden function, for example, includes the acquisition by an official of a high social status. A function may be explicit for some employees and latent for others. Thus, for some in the civil service it is important to realize their professional interests, and for others to establish contacts, connections, and “make a career.”

In conditions of sudden social changes, a situation often arises when the changed needs are not adequately reflected in the functions of the civil service institution. The result is dysfunction. Externally, such behavior of the institute may be expressed in a lack of trained personnel, funds, etc. From a substantive point of view, dysfunctions are manifested in the unclear goals of activity, the decline in prestige and authority of the civil service. The discrepancy between the activities of the institution and the nature of the needs of society reduces the importance of its official role, which leads to the degeneration of functions into symbolic, ritual activity.

The effective functioning of the civil service institution largely depends on habitualization, typification and legitimation. Let's consider these factors institutionalization of the civil service.

All human activity, emphasize P. Berger and T. Luckman, is subject to habitualization, i.e. understanding. Any action that is repeated often becomes a pattern and can be done again in the same way. Over a decade of existence professional institute During the civil service in our country, citizens became familiar with the new procedures of its activities, and therefore became accustomed to modern forms of interaction with officials. Privatization, tenders, transfers and vouchers have led to a wide variety of situations, experiences, and mutual expectations of citizens and government officials. As a result, habitual patterns of behavior were formed. The developed standards and stereotypes of interaction are determined not only by innovations, but also by the national mentality, historical memory, in which distrust of to the Russian state and his services.

Another factor of the institutional order is the typification of habitual actions. Uninhibited Russian officials attributed motives to the behavior of citizens, and those attributed motives to the behavior of government officials. Officials provide public services to citizens, who, in turn, are required to pay for these services directly or indirectly through taxes. In the minds of both, normative ideas about specific patterns of role behavior were consolidated. Thus, the typification of habitual actions led to the typification of figures: a civil servant is a provider of public services; a citizen is a consumer of these services. This makes it easier for the parties to public legal relations to anticipate each other’s actions in typical situations 11 See: Zerkin D.P., Ignatov V.G. Fundamentals of public administration. Rostov n/d, 2001.P.105

The third factor in the institutionalization of public legal relations is legitimation, i.e. recognition, justification by people of this social institution, submission to the norms prescribed by it. External signs

The legitimacy of the institution of civil service is the maximum narrowing of the zone of deviant (deviant) behavior of citizens, the ability of government bodies and officials to maintain order in society without the threat of the use of force. However, internal sources of legitimacy, the consciousness of people, are of decisive importance here.

M. Weber was the first to consider this problem, basing his concept on ideas about types of human behavior: traditional, affective, value-rational and goal-rational. He focused attention on the degree of participation of conscious, rational elements in the process of motivating social action.

Based on this, it can be assumed that one of the sources of legitimacy is a person’s ability to assimilate traditional, habitual patterns of behavior in relation to government agencies and reproduce them in your actions. This is precisely the secret of the resigned obedience of many people to officials.

Another source of legitimacy is a person’s emotional perception of social reality, including state power. The activities of rulers can evoke feelings of delight, fear, etc. The role of feelings increases sharply in a situation of crisis, which causes confusion among people. At such a moment, as a rule, disappointment in public power sets in. Sometimes it develops into mass protests.

The next source of legitimacy is a person’s value attitude towards the world around him. Values introduce a rational element into an individual’s behavior. They allow you to compare a real institution with an ideal idea of it. And if the institution of public service does not correspond to people’s values, then they are unlikely to voluntarily comply with the prescribed norms.

Finally, another source of legitimacy is a person’s goal-oriented behavior, i.e. the ability to recognize one’s interests and set goals for their implementation. IN in this case attitude towards public service is built through its definition as a means that allows or does not allow to create the necessary conditions for citizens to achieve their goals.

An analysis of the sources of legitimacy shows that the formation of the institution of public service in conditions of increasing rationality of social life, the ability of a significant part of the population to evaluate, compare, seek benefits, and outline plans will be successful if this institution can ensure legality, security, protection of the rights and freedoms of citizens in society, will be able to create conditions for people to realize their interests and needs.

Thus, the civil service can function normally provided that it is legal and legitimate. Legality is the legal justification by the state of the legality of the activities of administrative institutions. Legitimacy means recognition of the need for such activity on the part of society. The process of democratization and professionalization of the institution of public service, its reorientation towards the market public interest, meeting the needs of citizens in the provision of public services will help overcome the alienation of people from the state 11 See: Korzhikhina T.P. Concepts of public service and personnel policy. M., 2002.P.133.

Anatoly Adamovich. Reforming the civil service system of the Russian Federation // STATE SERVICE,

2014, №1 (87)

Anatoly Adamovich, Candidate of Legal Sciences, Associate Professor, Russian Academy of National Economy and Public Administration under the President of the Russian Federation (119571, Moscow, Vernadsky Avenue, 82). Email: [email protected]~adamovich
Annotation: The article, based on the results of the analysis of regulatory legal acts, civil service reform programs, and publications in the media about the civil service, determines the directions for the development of the civil service institution. The factors influencing this process are identified.
Keywords: civil service, civil service development programs, status of the civil service, main directions of development of the civil service.

Civil service of the Russian Federation in modern times as a state, social and legal institution de jure has existed since the entry into force of Decree of the President of the Russian Federation of December 22, 1993 No. 2267 “On approval of the Regulations on the federal public service.” Behind past tense She went through a rather difficult path of formation and development. There are certain achievements. In order to increase its effectiveness, federal programs were developed: “Reform of the civil service of the Russian Federation (2003–2005)” (implementation extended until 2008 inclusive) and “Reform and development of the civil service system of the Russian Federation (2009–2013).”

The goal of the second program is “to create an integral system of public service in the Russian Federation... by completing the reform of its types and creating a public service management system, forming highly qualified civil service personnel to ensure the efficiency of public administration, the development of civil society and an innovative economy.”

To achieve this goal, the solution of twenty-five tasks was envisaged, the terms and stages of implementation were determined: the first stage - 2009-2010, the second stage - 2011-2013. It was planned to allocate 691 million rubles from the federal budget. The program also provided for the expected results from its implementation in fifteen areas. Control over the implementation of the measures was to be carried out by the state customer, the program coordinator - the Administration of the President of the Russian Federation.

The time for implementation of the second program has expired. And, naturally, it makes sense to take stock and determine the main directions for further improvement of the public service. There is no doubt that this should be done by the Administration of the President of the Russian Federation as the coordinator, as well as the main implementers of the program’s activities. Society, represented by organizations, representatives of science, the media, etc., does not remain aloof from this.

Analysis of publications about public service, speeches in electronic media regarding further development this institute revealed differences in opinions and approaches regarding this issue. But in the overwhelming majority they relate to the qualitative characteristics of this institution, without affecting its status, that is, the place and role of the civil service in the system of public authorities, the mechanism of public administration.

Much has been done compared to previous periods to regulate the civil service: anti-corruption standards were introduced, a unified system of prohibitions, restrictions, and responsibilities was established. Personnel training programs for the civil service and professional development of civil servants, development of a system of additional professional education, etc. have been formed and are being implemented.

At the same time, a number of problems are being solved extremely slowly or not at all. For example, the first program provided for the interconnection of types of civil service, as well as state and municipal services. In practice, even in cases of objective necessity, there is no relationship and interaction. Often they need to be set up manually.

It was planned to “form a modern legal basis for military and law enforcement services, improve the legal basis for the state civil service of the Russian Federation.” A lot has been done here, although there is still work to be done, in particular, on the creation of procedural legal norms regulating the coordination of the activities of bodies in which military and law enforcement services are carried out.

To date, no law on law enforcement service has been adopted. There are acts that regulate the activities of federal services that carry out certain law enforcement functions, but there is no law on law enforcement service, although it is provided for by Federal Law No. 58 of May 27, 2003 “On the public service system of the Russian Federation.” More than ten years have passed since the adoption of Law No. 58-FZ, but a special document of the same level on the law enforcement service has not appeared. And the reason is not slowness State Duma Federal Assembly of the Russian Federation. The adoption of such an act will require answers to many questions, including those affecting the status of the civil service in a legal democratic state.

The task of creating a public service management system has not been solved. According to Article 16 of the Federal Law of May 27, 2003 No. 58 “On the civil service system of the Russian Federation”, “... a civil service management system is created at the federal level and at the level of constituent entities of the Russian Federation in order to coordinate the activities of government bodies when resolving issues of admission to the civil service , formation of a personnel reserve, passage and termination of public service, maintaining the Consolidated Register of Civil Servants of the Russian Federation, use of the personnel reserve to fill civil service positions, training, retraining, advanced training and internship of civil servants, as well as for the purpose of non-departmental control over compliance in government bodies federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on public service.”

According to the Decree of the President of the Russian Federation of February 1, 2005 No. 110 “On certification of state civil servants of the Russian Federation”, “... until the formation of the federal body for managing the civil service and state bodies of the constituent entities of the Russian Federation for managing the civil service, the functions of these bodies ... are performed by state bodies (by the apparatus of state bodies)..." .

As a result, the key elements of management in this area have become the divisions of civil service and personnel policy in government bodies, subordinate to the heads of these bodies. These divisions are not interconnected with each other in any way and objectively cannot perform the tasks that were provided for by the Law. As a result, there is no civil service management system conceived and even legally approved. And this negatively affected the results of the implementation of the Program for Reform and Development of the Civil Service System of the Russian Federation (2009–2013). Many planned activities have been partially completed or are still being implemented. Therefore, most likely, what happened with the first Program, the deadlines for which were extended, may be repeated. Undoubtedly, determining the main directions of development of the civil service is the competence of the country’s leadership. However, an analysis of the state of this system, the effectiveness of its functioning, and society’s attitude towards it allows us to assume several possible options further development of the public service.

Extend the deadlines for the implementation of the Second Program for Reform and Development of the Civil Service of the Russian Federation in order to achieve all the results envisaged by it.
Against the backdrop of growing, often justified criticism of the civil service, to propose new concept reform of the civil service, the implementation of which, ultimately, can lead to a significant decrease in the efficiency of functioning and destruction of this institute, which will cause extreme Negative consequences for society and the state.
Don't do anything significant. React to negative facts, occasionally carrying out actions that are attractive to some part of society to improve the functioning of the public service.

The choice and implementation of one or another option depends on political will, the transformation of the model of public administration, the reaction of society to the state of the public service, the influence of the ratio of the entire spectrum of positive and negative parameters of the external factor.

It must be taken into account that currently an external factor can have a very significant impact on both society and the public service. If until recently the construction of the civil service system was largely determined by the confrontation between world systems, including the military, today one cannot ignore international competition, in which both force and non-force can be used. forceful methods. Moreover, certain forces count on establishing world domination through “manipulative control over all subjects of military confrontation” [Yakunin, Bagdasaryan, Sulashkin, 2009. P. 16]. “Unlike previous models of this kind, it is not the objects themselves that are taken under management control, but their motivations. Combat operations involving the traditional deployment of troops and occupation of territories in previous eras are losing relevance. All tasks solved through them can now be achieved in a different, non-force format” [Yakunin, Bagdasaryan, Sulashkin, 2009. P. 16]. In other words, the enemy is able to form motives for behavior and control them. The objects of such management are, first of all, civil servants. Through them, there is a destructive impact on the system of public administration, on the bodies ensuring the security of the state.

Subjects who use non-forceful methods of influence are objectively interested in the most complete information about civil servants, members of their families, relatives and acquaintances, i.e. about everything that can be used to influence a particular person by shaping and controlling the motives of his behavior.

It is necessary to take into account that certain domestic criminal structures are also engaged in collecting such information with the aim of using it to induce government officials of interest to them to commit illegal acts in the interests of these structures.

The head of state has repeatedly drawn attention to the ineffectiveness of the civil service. The main reason is that the functions are not performed properly.

Firstly, this is due to insufficient level vocational training many civil servants, many of them lack experience in the practical performance of official duties.

Secondly, the problem remains the irresponsibility of a number of civil servants, generated by the vagueness of the definition of their duties. Often, the duties of civil servants are aimed at achieving some intermediate, but not final results of the activities of a particular government body. Therefore, today we should talk about “the personal responsibility of each manager for achieving results.”

Thirdly, the functioning of the institution of public service is negatively affected by corruption in the system of state and municipal bodies, which is increasingly becoming systemic nature, turning into an anti-control system. Not serving society or the country, but the desire to get rich as quickly as possible and at any cost, has become the main goal of the life and activities of many state and municipal employees.

Measures are now being taken to combat corruption and improve state and municipal services. But society expects these measures to be more prompt, effective, decisive and rational. Recently, an opinion has been increasingly formed about the need to restore order in the country. Order is understood as tightening responsibility for the implementation of laws and the state of affairs in a municipality, a constituent entity of the Russian Federation, in a particular industry subordinate to the federal executive body, etc.

As a reaction to this opinion, subordination ties and relationships in the system of state and municipal government are expanding more and more, replacing coordination, reordination and cooperation ties. This, on the one hand, affects state and municipal services and is one of the reasons for their bureaucratization and corruption, the lack of initiative and irresponsibility of many state and municipal employees. On the other hand, the same problems are generated by the legal status of the civil service, which directs the transformation of the civil service (by analogy, the municipal service) towards its transformation into an institution that serves the interests of persons holding public positions (municipal positions) and positions of employer representatives. As a result, a civil servant works not so much for the state and society (a municipal employee works for the local community), but rather for those who hired him for service and manage him during his service. Apparently, there is already a need to amend Article 1 of the Federal Law of May 27, 2003 No. 58 “On the Civil Service System of the Russian Federation” and state it in the following wording: “Public service is the professional service activity of citizens of the Russian Federation in positions of civil service for the execution of powers of the Russian Federation (subjects of the Russian Federation) in accordance with the vested competence.”

Accordingly, Part 1 of Article 6 of the Federal Law of March 2, 2007 No. 25 “On Municipal Service in the Russian Federation” is stated as follows: “The position of the municipal service is a position in the local government body, the apparatus of the election commission of the municipality, for execution in accordance with vested with the competence of the powers of the municipality, the election commission of the municipality.”

Such changes in laws will allow civil servants (municipal employees) to carry out their official activities not in the interests of a state (municipal) body or representative of the employer, but in the interests of the state, a constituent entity of the Russian Federation or a municipal entity, but in strict accordance with the competence vested in the legislation.

The institution of public service will change, and the institution of municipal service will also change with it. And it is extremely important that these transformations are carried out not spontaneously, but purposefully in the interests of the individual, society and the state.

Literature

Yakunin V.I., Bagdasaryan V.E., Sulashkin S.S. New technologies to combat Russian statehood. M.: Scientific expert. 2009. 424 p.

Decree of the President of the Russian Federation of March 10, 2009 No. 261 “0 to the federal program “Reform and development of the civil service system of the Russian Federation (2009–2013).” // "Russian newspaper". 2009. March 11. No. 40.

Decree of the President of the Russian Federation of February 1, 2005 No. 110 “On certification of state civil servants of the Russian Federation” // Collection of legislation of the Russian Federation. 2005. No. 6. Art. 437.

Message from the President of the Russian Federation Federal Assembly Russian Federation dated December 12, 2013 // http://kremlin.ru/transripts/19825/work

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