2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
For a very long time, concepts like "employees" and "federal government employees" had no legal status. These terms have not been studied at all and have not been considered in essence. The lack of a solution to this issue was further aggravated by the presence in the questionnaires of personnel records of the column "social status", the answer in which suggested only such options: a peasant, a worker and an employee. Thus, it was understood that employees are all those who cannot be included in the other two categories (workers, peasants). This category included not only employees of state structures, but also non-state institutions.
Justification of the essence of a civil servant
At the end of the fifties of the 20th century, attempts began to be made in the literature to justify this concept. As a result, almost all authors accepted the opinion that “employees” is a term understood both in the narrow and broad sense of the word.
This concept is regulated by the relevant federal law. This normative document states that civil servants are persons whoprofessionally carrying out their official activities in the relevant positions, contributing to ensuring the fulfillment of the powers of state bodies of the Russian Federation. These employees receive appropriate monetary remuneration, the source of which is the federal budget or the budget of a particular subject of Russia.
Main subjects of legal relations
The state and employees are two subjects of some state-service legal relations, which are characterized by mutual rights and obligations, restrictions and prohibitions, as well as other components of the legal status of an employee.
The state acts as an employer of a civil servant of the federal level, and any subject of the Russian Federation acts as an employer of an employee of a subject level.
The main types of employees depend on the types of service itself: civil, law enforcement and military.
Signs of civil servants
The concept of "employee" can be defined by several features. Firstly, this is an individual of working age, fluent in the state language, who has a professional education and the relevant qualification requirements established by law.
Secondly, the employee must comply with the requirements and provisions of the relevant legislation. Thirdly, special federal laws determine the content of the activities of an employee of a given level, as well asobligations, legal status, restrictions, liability, prohibitions and warranties. Fourth, according to the special legislation, the employee is assigned the appropriate rank and rank.
Summing up what has been said, it should be noted that the exact definition of the essence of employees should be the prerogative of the state. Therefore, modern legislation has given this concept a complete form from a legal point of view.
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