2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
The institution of state activity is an integral part of the legal system formed in the state, and civil servants are the main executors of socio-economic and democratic transformations implemented in society. The article will discuss the categories of civil service, its types and mode of public work.
General provisions
Not a single state-organized society can do without management by the government in the face of its certain structures. We are talking about civil servants. As a state apparatus, first of all, one should consider people who professionally carry out a list of public works associated, as a rule, with management. Their services are needed by any country, regardless of the political system and state structure, the ruling regime or form of government. It is worth noting that it is civil servants who ensure the implementation of practical tasks that civilizedsocieties usually put it on the shoulders of their governments. The experience of a large number of countries proves that a society that has not properly organized the work of public workers is experiencing quite serious difficulties regarding the quality of management.
Problem of modernizing governance
The problem of modernizing state work in Russia can be considered one of the priorities, given the significant role that the government plays in society on the territory of the country, as well as the specific features of the Russian bureaucracy. It should be noted that it is for this reason that public administration reform should be considered as the most important resource for the modernization of this system. The development of adequate legislation is considered to be a key direction in reforming the sphere and at the same time an indispensable tool that allows to consolidate the most effective management mechanisms and organizational and legal forms.
The state, which acts as a special organization of public political power of the dominant link (social grouping, bloc of class forces of the people as a whole), is endowed with its own tasks and functions. In practical terms, they are implemented with the help of specific operations of personnel who perform public work. The state, one way or another, becomes real in the presence of precisely these personnel who are in the contingent of its employees. Functions and tasks of national importance, in the case of their practical implementation, turn into functions and tasks of managers. It is on them that the quality of the execution of state work depends.
Service Concept
The formation of any statehood, one way or another, is accompanied by the formation of an institution of public administration. The significance of this process today is extremely high due to the importance of the functionality that the relevant services implement to solve both the tasks of international cooperation and domestic political issues. A special characteristic of the institution of public work is that its divisions operate in all areas of government activity that exist today, as well as at all levels of government. That is why the concept and fundamental principles of such a service are the most important aspect of not only the theoretical base, but also law-making carried out in practice.
The main purpose of state work is to ensure the most effective implementation of the country's functionality in all areas and its presence in society. It is worth considering that the Russian Federation has a significant relationship to the regulation of such a service. We are talking about a large number of legal acts, the key of which is the Federal Law "On Public Service". The specified act contains, among other things, reference standards for more than twenty other documents.
Service as a social institution
Being the most important social institution, state, municipal work is an objectively necessary criterion for the effective functioning of other public and political institutions, economic andsocial activity. As a social institution, the public service appeared and developed in close connection with the process of development of the society itself. That is why today it is organized in such a way as to contribute with maximum effect to maintaining the integrity of the system and the unity of society in the performance of tasks that are considered socially significant.
Types of government work
Traditional practice is to classify such a service into two types. The first of these is civil work. It should be noted that it can be special or general functional. The latter has no branch division. It represents the performance of professional duties by subjects within the authorities or other management structures. In turn, the special service is distinguished by an extremely pronounced appointment in a particular industry, for example, service in the judiciary, the prosecutor's office, the diplomatic plan, and so on.
The second type of state work is militarized activity. It involves the implementation of competencies of specific importance in the Ministry of Emergency Situations, the police, the country's armed forces, customs authorities and other areas.
How to build an efficient service?
The most important condition for the organization of effective state work is the implementation of certain principles of construction, in accordance with which it is formed and then functions. It should be noted that the historically established principles of such activities are important normative andlegal provisions that fully reflect the patterns and connections of its organization, as well as the main trends in the evolution of the represented institution. Almost all principles of work in the public sphere are enshrined in various legal acts regulating its implementation. The sources of the theoretical plan usually give different reasons, according to which the principles of service are classified.
Operating Principles
It is advisable to consider the principles of work in the public service, enshrined in the legislation of the Russian Federation:
- Principle of the rule of law. This provision assumes that all laws existing in the Russian Federation dominate, according to their legal force, over various administrative acts and departmental instructions.
- The principle of the priority of individual rights. In this case, the requirement is put forward that all civil servants in their activities be guided primarily by the interests of citizens, and also fully respect the basic human rights recognized in the country as dominant over state interests.
- Principles that ensure the systemic integrity and unity of the institution of power throughout the country. This principle objectively follows from the federal form of the territorial-state structure of the Russian Federation.
- The principle of classification of branches of government. It positions the legal status of the state, and also involves the self-limitation of governance and balancing onedirecting others through a clear distribution of relevant powers among them.
- The principle of equal access for people to professional vacancies in the bodies and institutions of the public service.
- Principles that provide a hierarchical system for the formation of organs. Here, the decisions of the higher structures are considered binding on the lower bodies.
We have not considered all the principles of the work of the civil service in Moscow and on the territory of the Russian Federation as a whole, but only the main ones. It should be noted that all the provisions presented are interconnected into a single system that contributes to the development of a high-quality state personnel policy.
Classification
The Civil Service of the Russian Federation today is endowed with a multifaceted structure, which is determined by:
- Federal-constitutional structure of the state.
- Functional and specific characteristics of state personnel work.
According to the principle of federalism, which is implemented in legal practice and Russian legislation, the structure of the civil service of the Russian Federation includes two levels:
- Federal, which is in accordance with paragraph "T" of Article 71 of the Constitution of the Russian Federation exclusively under the jurisdiction of the country.
- The public service of the constituent entities of the Russian Federation, which is jointly administered by the constituent entities of the Russian Federation and the Russian Federation in accordance with paragraph "K" of Article 72 of the Constitution of the Russian Federation.
Currently, the following varieties are distinguishedcivil service:
- Federal.
- Civil.
- Law enforcement.
- Military.
Federal and civil service
The federal civil service is a professional work of citizens associated with the full implementation of the powers of the Russian Federation, as well as the powers of federal government officials and bodies that replace state posts of the Russian Federation.
The state civil service should be considered as a kind of service, which is the work of citizens, implemented at a professional level, in positions related to ensuring the exercise of the powers of federal bodies, bodies of constituent entities of the Russian Federation, as well as persons who replace the positions of the Russian Federation, and persons who fill the positions of subjects of the Russian Federation.
Analysis of the Federal Law "On the State Civil Service of the Russian Federation" confirms that the bulk of regulatory powers are currently assigned to both the Russian Federation and the constituent entities of the Russian Federation. Nevertheless, the said law does not quite clearly trace the reasons for attributing certain issues of the civil service to the powers of the Russian Federation, as well as to the powers of the constituent entities of the Russian Federation. As a civil service, it is necessary to consider a socio-legal institution of a specific plan, which is implemented in the administrative activities of employees of state structures. Without this work, not only adequate functioning, but also the existence of the state as a whole is impossible. Effective civic activity is the main factor of strengthpower, its high dynamism and authority. It is designed to cope with a whole range of tasks:
- Ensuring the unity of the imperatives (in other words, requirements) of the application of law in the work on documentation and the legislative process.
- Professional support in creating a legal framework for the implementation of tasks and goals of national importance.
- Creating legally and politically favorable conditions for each person to exercise their own social and constitutional rights, interests and freedoms.
Military and law enforcement service
So, we have considered the category of public work, its mode and main varieties. Among the specific types, it is important to single out the military and law enforcement services. As the first, federal activity should be considered, which is the professional work of certain persons in military positions or in other cases, which are provided for by the regulations of the President of the Russian Federation and (or) federal laws, in the Armed Forces of the Russian Federation, other troops, special bodies and formations of the military type that implement functions related to ensuring the security and defense of the state. In any case, such citizens are assigned the appropriate titles.
Law enforcement is nothing more than a kind of federal civil service, which is the professional work of certain persons in law enforcement positions in institutions and bodies that implement functions related to ensuring security, law and order and the rule of law,the fight against crime, the protection of freedoms and rights of a citizen and a person. Such persons in any case receive cool ranks and special titles.
A few words in conclusion
It is worth noting that state bodies called upon to engage in law enforcement work have special competence and special functions. We are talking about the application of legal measures of influence in absolute accordance with the law in force on the territory of the Russian Federation and strict observance of the order, procedures and rules established by law. The civil service in law enforcement structures is carried out in the relevant positions established in the judicial apparatus of the Russian Federation (judicial service), bodies of the Prosecutor's Office (prosecutor's office), internal affairs bodies (police service), tax police bodies (tax police), customs authorities (customs service) and so on. next.
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