On The Fundamentals Of Municipal Service In The Russian Federation

Original Language Title: Об основах муниципальной службы в Российской Федерации

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Spspent in power since June 1, 2007- Federal Law of 02.03.2007 N 25-FZ RUSSIAN FEDERATION FEDERAL LAW On the basics of the municipal service In the Russian Federation Adopted by the State Duma on 17 December 1997 Approved by the Federation Council on 24 December 1997 13.04.99. N 75-FZ; of 19 April 2002 N 38-FZ; of 25.07.2002 N 112-FZ This federal law establishes the general principles of municipal service and the legal status of municipal employees in the Russian Federation. Chapter I. GENERAL PROVISIONS Article 1. Municipal post 1. Municipal post-a post provided for by the charter of the municipal entity in accordance with the law of the constituent entity of the Russian Federation, with the authority to deal with matters of local significance and the responsibility for the implementation of these powers, as well as a position in the local self-government bodies formed in accordance with the charter of municipal education, with the established terms of reference for the enforcement and enforcement of the powers of this local government and responsibility for the performance of these duties. 2. Municipal posts are subdivided into: elected municipal posts to be replaced by municipal elections (deputies, members of the elected local government, elected officials of local government), and Also substituted by decisions of a representative or other elected body of local self-government in respect of persons elected to designated bodies as a result of municipal elections; other municipal positions replaced by concluding an employment contract. Article 2. Municipal Service 1. The municipal service is a professional activity which is carried out on a permanent basis in a municipal post which is not elective. 2. The status of the deputy, member of the elected body of local self-government, elected official of local self-government is not established by this Federal Law. Article 3. The right of citizens of the Russian Federation to equal access to municipal service Citizens of the Russian Federation have equal access to municipal service, regardless of sex, race, nationality, language, origin, property or property. and official position, place of residence, attitude to religion, beliefs, membership of voluntary associations. Article 4. The municipal service's legislative framework 1. The municipal service in the Russian Federation is implemented in accordance with the Constitution of the Russian Federation, by the Federal Law "About the general principles of local government organization in the Russian Federation" THE RUSSIAN FEDERATION of the Russian Federation. 2. Legislative regulation of the municipal service is carried out by the constituent entities of the Russian Federation in accordance with the Constitution of the Russian Federation and the federal law "About the general principles of local government organization in the Russian Federation", this Federal Law, other federal laws. 3. Municipal employees are subject to the labour legislation of the Russian Federation, with special features provided for in this Federal Act. Article 5. The basic principles of the municipal service of the municipal service are based on the principles of: 1) the supremacy of the Constitution of the Russian Federation, federal laws and the laws of the constituent entities of the Russian Federation over other regulatory legal instruments. by acts, official instructions in the exercise of public duties and the rights of municipal employees; (2) the priority of human and civil rights and freedoms, their immediate effect; 3) the autonomy of local self-government bodies within their authority; 4) professionalism and competence of municipal employees; 5) responsibility of municipal employees for failure or improper performance of their duties; 6) equal access In accordance with their capacity and training; 7) the unity of basic requirements for municipal service in the Russian Federation, as well as the historical and other local tradition; 8) of the legal and social protection of the municipal Employees; 9) out of the municipal service. Article 6. Financing municipal service 1. The municipal budget is financed from the local budget. 2. The minimum necessary expenses for municipal education in the municipal service are taken into account by the federal public authorities and by the State authorities of the constituent entities of the Russian Federation in determining the minimum local budgets. Chapter II: MAIN STATUS OF THE MUNICIPAL SERVICE Article 7. Municipal employee 1. The municipal employee is a citizen of the Russian Federation, an who has reached the age of 18 years in accordance with federal statutes and subject laws OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 13.04.99) N 75-FZ 2. Non-substitution municipal posts in the municipal service and technical support for local self-government bodies are not municipal employees. Article 8. Classification of municipal municipal service posts 1. Municipal posts of municipal service are established by normative legal acts of the local self-government bodies in accordance with the register of municipal posts of municipal service, approved by the law of the subject of the Russian Federation. In the Municipal Service Registry, municipal posts may be established for municipal posts to directly enforce the authority of a person who replaces elected municipal authority title. These municipal posts of municipal service shall be replaced by municipal employees through the conclusion of a contract of employment for the term of office of the said person. (The paragraph is supplemented by the Federal Law of 19 April 2002. N 38-FZ) 2. The laws of the constituent entity of the Russian Federation establish the ratio of municipal posts of municipal service and State posts of the State Service of the Russian Federation to the qualifications required for Relevant municipal and public service positions. Article 9. The qualification of municipal employees 1. Qualifications shall be assigned to municipal employees as a result of the qualification examination or certification and indicate that the qualifications of the municipal employees are in accordance with the qualifications of the municipal employees. Municipal municipal posts according to the classification of municipal municipal posts. 2. Qualifications, assignment and retention of municipal employees for other municipal posts of municipal service or State posts of State service of the constituent entities of the Russian Federation, and In addition, the dismissal of municipal employees from the municipal service shall be established by the laws of the constituent entity of the Russian Federation in accordance with federal laws. Article 10. Rights and duties of municipal employees The rights and duties of a municipal employee are established by the charter of municipal education or by normative legal acts of the local self-government bodies in accordance with the present Federal law, other federal laws, and the laws of the constituent entity of the Russian Federation. Article 11. Constraints on municipal service 1. A municipal employee is not entitled: 1) to engage in other paid activities other than pedagogical, scientific and other creative activity; 2) to be a member of the State Duma of the Federal Assembly of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Self-governance; (3) doing business " (4) to be a member of the governing body of a commercial organization, unless otherwise provided by law, or in accordance with the procedure established by the charter of the municipal education in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION The municipal service is either directly or under the control of the municipal service; 6) use logistical, financial and information support, other property and service information; 7) to receive royalties for publications and speeches municipal employee; 8) receive compensation from individuals and legal entities (gifts, money, loans, services, entertainment, leisure, transportation, and other emoluments) related to their performance (a) Travel on official business; Natural and legal persons, except for assignments carried out on a reciprocal basis by agreement of the local self-government bodies of municipal education with local self-government bodies of other municipalities, as well as from the authorities and local governments of foreign states, international and foreign non-profit organizations; 10) take part in strikes; 11) use their office political parties, religious and other of public associations. 2. The municipal employees are not entitled to form political parties, religious or other public associations in the local self-government bodies, with the exception of trade unions. 3. A municipal employee is obliged to transfer to the fiducials a guarantee of municipal education for the duration of the municipal service's share of the share (shareholding) in the authorized capital of the commercial organizations in The procedure established by the charter of municipal education in accordance with federal laws and the laws of the constituent entity of the Russian Federation. Article 12. Information on the income of municipal employee and property owned by him Property Municipal employee annually, in accordance with federal law, as well as a citizen upon arrival at The municipal service is obliged to submit to the public tax authorities information about their income and property belonging to them on the right to property, which are tax objects. Article 13. Promotion of municipal employee The types of municipal employee's promotion and the manner in which they are applied are established by the normative legal acts of the local self-government bodies in accordance with federal laws, the laws of the subject of the Russian Federation. Article 14. The responsibility of a municipal employee For non-execution or improper performance by municipal employees of the duties (official misconduct) of a municipal employee may be subject to disciplinary measures; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 15. Guarantees for municipal employee 1. The municipal employee is guaranteed: 1) the working conditions that enable them to perform their duties; 2) cash and other benefits; 3) annual paid leave; 4) Medical care for him and his family members, including after retirement; 5) retirement benefits and pensions for members of the municipal employee's family in the event of his death (...) (...) Insurance against injury to health and property in connection with the performance of official duties; (7) Compulsory State social insurance for cases of illness or disability during the period (a) The protection of his or her family in the manner prescribed by law, against violence, threats and other unlawful acts. of the Committee. 2. In the event of the abolition of the local government, the reduction of the employees of this body, the municipal employee is provided with the guarantees established by the legislation of the Russian Federation on employment for employees in the event of their dismissal in connection with liquidation of enterprises, institutions, organizations and reduction of employees. 3. The laws of the constituent entity of the Russian Federation and the charter of municipal education may provide additional guarantees for the municipal employee. Article 16. Monetary content of a municipal employee The size of the salary, the amount and the procedure for the determination of allowances and other entitlements to the salary of a municipal official shall be determined by the normative acts of the local self-government bodies in OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 17. Leave a municipal employee 1. The municipal employee shall be granted an annual paid leave of at least 30 calendar days. For certain categories of municipal employees, federal laws and federal subjects of the Russian Federation establish annual paid leave of longer duration. The annual paid leave to a municipal employee shall be granted in the manner and under the conditions established by federal and federal subjects of the Russian Federation, with additional paid leave. 2. Annual paid leave and additional paid leave shall be added together and, at the request of the municipal employee, may be provided in parts. At the same time, the duration of one portion of the leave granted may not be less than 14 calendar days. 3. A municipal employee may be granted leave without pay for a period of not more than one year unless otherwise provided by federal law. Article 18. Pension support for the municipal employee's employee and family members 1. A municipal employee in the field of pension provision is fully covered by the rights of a civil servant in the Russian Federation, established by federal laws and the laws of the constituent entity of the Russian Federation. The definition of the State pension of a municipal employee is carried out in accordance with the established law of the constituent entity of the Russian Federation, the ratio of municipal posts to municipal service and public office The public service. The maximum size of the public pension of a municipal employee may not exceed the maximum public pension of a civil servant in the relevant public office. 2. In the event of the death of a municipal official involved in the performance of his duties, including after his dismissal from the municipal service, the members of the deceased's family are entitled to a survivor's pension in order, by a federal law. Article 19. A municipal service, 1. At the municipal level, municipal service, municipal elective office, elected municipal office and public office are included in the municipal service. The inclusion of other periods of employment in the municipal service is carried out in accordance with federal laws and the laws of the constituent entities of the Russian Federation. 2. The municipal service of a municipal employee is equivalent to that of the civil service of a civil servant. The time of work in municipal posts of the municipal service is credited to the period of service calculated to provide benefits and guarantees in accordance with the legislation of the Russian Federation on the civil service. Article 20. The transit of the municipal service 1. Income to the municipal service is carried out in accordance with the legislation of the Russian Federation on labour , taking into account the peculiarities provided for by this Federal Law. of the law of 13.04.99. N 75-FZ 2. The procedure for the municipal service, the management of the municipal service, the requirements for municipal posts in the municipal service shall be determined by the charter of the municipal entity in accordance with the laws of the constituent entity of the Russian Federation. 3. A citizen may not be admitted to the municipal service or to be in the municipal service if he or she has been deprived of his or her legal force by a court decision to hold the positions of municipal service for a certain period of time. (Paragraph is amended by the Federal Law of 25.07.2002). N 112-FZ) Article 20-1. Grounds for termination of the municipal service 1. In addition to the grounds stipulated by the legislation of the Russian Federation on labour, dismissal of a municipal employee may also be carried out at the initiative of the head of the local government in cases: The age of the municipal service; By Federal Law; Disclosure of Information, which constitute a state and other secret protected by law; of the circumstances provided for in article 20, paragraph 3, of this Federal Act. (The paragraph is amended by the Federal Law of 25.07.2002). N 112-FZ)2. The retirement of a municipal employee is carried out in accordance with the procedure established by federal law. The age limit for municipal service posts is 60 years. Extension of the municipal service of municipal employees who have reached the municipal age limit is permitted. A single extension of the municipal service of a municipal employee shall be permitted for a period of not more than one year. (The article is supplemented by the Federal Law of 13.04.99. N 75-FZ Chapter III. FINAL AND TRANSITIONAL PROVISIONS Article 21. The regulation of legal acts in conformity with this Federal Law 1. Invite the President of the Russian Federation, the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation and local authorities to bring their regulatory legal acts into conformity with this Federal within three months from the date of its entry into force. 2. Propose to the legislative (representative) bodies of the constituent entities of the Russian Federation no later than six months from the date of the entry into force of this Federal Law to adopt the laws on municipal service. Article 22. Temporary legal regulation of the individual relationships provided for by this Federal Law 1. The issues to be regulated by the laws of the constituent entities of the Russian Federation may be regulated by charters and other normative legal acts, pending the adoption by the subjects of the Russian Federation of the laws provided for in this Federal Act. of the municipal entities adopted under this Federal Act. 2. The restrictions set out in article 11, paragraph 1, paragraph 1, of this Federal Act do not apply to municipal employees elected by the deputies of the legislative (representative) bodies of the constituent entities of the Russian Federation, deputies Representative bodies of local self-government before the entry into force of the Federal Law "On general principles of the organization of local self-government in the Russian Federation" Federation ". Article 23. The law enters into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 8 January 1998 N 8-FZ