Responsibility of a municipal employee: rights and obligations, functions and tasks

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Rights, duties, range of professional functions - all these are traditional elements of status for municipal employees. The responsibility of these employees is regulated by a separate law. Read more about the main features of responsibility, as well as other characteristics of specialists in the field of local self-government.

The concept of municipal service

To begin with, it is necessary to highlight the main features of the sphere of local self-government. Municipal is one of the types of public service. This is a whole system that includes local public authorities, that is, municipalities. A municipal employee fills a position in the local government system, which, by the way, is not elective.

Employees of the system under consideration realize their professional activities in the relevant authorities and receive financial rewards for this. Employees are paid from the fundslocal budget, that is, the budget of the municipality. The work itself is under his control. The responsibility of a municipal employee, in this regard, can be considered increased.

Service Features

Municipal activities are organized on an ongoing basis. In fact, local government employees exercise their own powers as their main labor activity. They do this for an indefinite amount of time, that is, constantly. Elected workers, on the other hand, work only for a certain period of time.

The permanent basis of the activities of employees is aimed at ensuring professionalism in the field of local government, as well as maintaining a certain stability. In a sense, such a system can be compared with the principle of irremovability of civil servants, which operates in European states.

Municipal position: main characteristics

This position is regulated by the charter of local education in accordance with regional law. Authorities are established to resolve issues of local importance. The responsibility of a municipal employee is closely related to the powers exercised.

The Federal Law "On the Fundamentals of the Organization of Local Self-Government" regulates three groups of officials who work in the relevant authorities. Highlight here:

• elected officials involved in the municipal sector;
• officials in the regionlocal government;
• member of the elected authority in the municipal sphere (elected person formed in the municipal elections).

Positions differ according to the method of replacement and the nature of administrative powers.

Public Service Positions

In Russia there is a register of positions. It is established by each subject of the Russian Federation separately. It contains a list of names of each speci alty in the field of local government. They are classified according to bodies, election commissions and functional job descriptions. Speci alties are determined taking into account local and historical traditions.

As an example, we can take the official register of the Volgograd municipal service. It was approved by the City Council in 2010. It provides for positions that were approved to directly ensure the execution of the powers of specialists holding a position of a municipal nature.

Job classification

The register of positions may also contain vacancies established to directly ensure the execution of the powers of a person who holds a position in the field of local self-government. Such positions are filled through the conclusion of an employment agreement for the period of office of the specified person.

According to the Decree of the President of 2009 "On Combating Corruption", in order to secure the responsibility of a municipal employee for corruptionoffense was adopted by the division of posts into a number of groups. These are the highest, main, leading, senior and junior positions. This division is connected with the ratio of municipal and state positions. Government officials should also be noted here: these are managers, assistants (they are also advisers), specialists and providing specialists.

Service requirements

The responsibility of a municipal employee is determined by a number of factors. You should start by considering the legal position, or rather the status of an employee in the field of local government. According to the law, an employee is a citizen who legally performs the duties of his position for a certain financial reward. It is paid from the local budget.

The main features of a municipal employee:

• Conflict of Interest Liability, Non-Representation
• income information and more;
• capacity;
• Russian citizenship;
• implementation of duties at the expense of the municipal budget;
• implementation of job duties.

Persons who do not hold positions in the municipal sphere and fulfill the duties of technical support for the activities of local government are not considered municipal employees. The legal status of the specialist in question is understood as a set of powers, duties, prohibitions, guarantees established by law. The responsibility of a civil servant for failure to provide a certificate of income, as well as for a number of other illegal acts, is regulated by the norms of administrative and criminal law. The restrictions in the profession will be discussed later.

Restrictions in the profession

Prohibitions and restrictions mean the legal limits of the freedoms and rights of municipal employees. A citizen is not accepted for service in the field of local self-government, and a municipal employee himself cannot fill his position in the following cases:

1. The presence of diseases that prevent admission to the service in the field of local government. Such a disease must be confirmed by an appropriate document from a medical institution.
2. Failure to pass the procedure for obtaining access to information that constitutes a state or other secret protected by laws.
3. Condemnation of a citizen to punishment, which excludes the possibility of fulfilling the duties of an official type by a court verdict.
4. Recognition of a person as incapable or partially incapacitated.
5. Close relationship with the head of the municipality.
6. Termination of citizenship of the Russian Federation, or citizenship of another state.
7. Submission of false documentation or knowingly false information when trying to get a job in the local government system.
8. Failure to provide information about yourself when entering the service.

A person cannot be accepted into the municipal service after reaching 65 years of age. The exception is, perhaps, privateorganizations not directly associated with such a service. This, for example, JSCB "Novokuznetsk Municipal Bank".

Prohibitions in the profession

In connection with the exercise of the powers of the municipal service, an employee of the local self-government system is prohibited from being in the management bodies of commercial organizations. Exceptions are only cases established by municipal regulations. Moreover, an employee of the local self-government system is not allowed to take part in the management of such instances. Take recent news as an example. Novokuznetsk Municipal Bank lost its manager, Alexander Pavlov, in August 2018.

The ex-director was accused of embezzlement and embezzlement of 4 billion rubles. An investigation is currently underway. Pavlov could be in the municipality of Novokuznetsk. However, his position did not allow him to do this. Now the employees of the credit institution are waiting for the payment of debts to depositors, while the Novokuznetsk Municipal Bank is on the verge of bankruptcy.

At the same time it is forbidden to engage in entrepreneurial activities. News about the Novokuznetsk Municipal Bank, namely about its leader, will still be relevant here. There is also a ban on filling positions in the field of local self-government in case of election to a public position, as well as when registering for a paid position in a primary type trade union organization.

List of bans

Among other prohibitions shoulddesignate:

• use of one's official position in order to achieve illegal goals (for example, the above-mentioned events illustrated in the news about the Novokuznetsk municipal bank);
• exceeding official authority;
• departure on business trips at the expense of the finances of legal entities or ordinary citizens (with some exceptions);
• use of logistical equipment or public finances for purposes not related to the performance of professional duties;
• disclosure or use of non-public service information;
• allowing public statements, judgments and assessments regarding the work of the local government, as well as in relation to its employees and leaders;
• using the advantage of his position to campaign before the elections;
• creation of political parties within the local government;
• termination of performance of professional duties in order to resolve a labor dispute;
• joining the governing bodies, supervisory or trustee boards.

A municipal employee is not en titled to engage in any activity of a paid nature, with the exception of scientific, creative and teaching.

Rights of a municipal employee

An employee of the local government has the opportunity to get acquainted with the working documentation relating to the direct performance of professional functions. The law also regulates the possibility of organizational and technical support of the conditions that are necessaryfor the performance of duties. Other rights include rest, wages, participation in job competitions, protection of professional data, the formation of trade unions, and more.

The above rights are considered universal. A number of private instances are guided by the same provisions. In particular, these are Trade House Sibirex, Novokuznetsk Municipal Bank and other organizations.

Duties of an employee

The list of duties includes compliance with the Constitution of the Russian Federation, performance of official duties, maintaining or improving existing qualifications, non-disclosure of secret information, saving state or municipal property, and so on.

A municipal employee does not have the right to execute an order given to him, which is considered illegal. For non-fulfillment of the designated obligations, the employee of the organization will be subject to sanctions. If the instance is considered private, then bankruptcy may await it. Novokuznetsk Municipal Bank is a good example of this.

Read more about liability

The studied employee works on the principles of legality, justice, publicity, humanism, proportionality and differentiation. These are fundamental ideas in the work of a representative of local self-government. The responsibility of employees is divided into groups.

The first type of responsibility is called disciplinary. It is imposed for minor offenses and improper performance of work functions. Sanctions here come in the form of warnings and reprimands.

Responsibility of the administrative type is assigned for committed offenses of the administrative type. This is an encroachment on public and state order, inaction in the performance of duties, as well as a number of illegal acts. The sanctions here are a fine and a warning.

The last type of liability is called criminal. These are crimes related to abuse of power. Here it should be noted acts of corruption, theft, malicious dereliction of duty and much more. An example of this is the responsibility of a municipal employee for concealing income.