On The Fundamentals Of Municipal Service In The Russian Federation

Original Language Title: Об основах муниципальной службы в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102051007

Abrogated with June 1, 2007 year-the Federal law dated 02.03.2007 N 25-FZ of the RUSSIAN FEDERATION federal law on the basis of community service in the Russian Federation State Duma Adopted December 17, 1997 year approved by the Federation Council of the year December 24, 1997 (as amended by the federal laws from 13.04.99 N 75-FL;
dated 19.04.2002 N 38-FZ; from 25.07.2002 N 112-FZ) this federal law establishes general principles for the Organization of municipal services and the basics of the legal status of municipal officials in the Russian Federation.
Chapter i. General provisions article 1. The municipal post 1. The municipal post-post the Charter of municipal formation(education) in accordance with the law of the Russian Federation, with established authority on issues of local importance and responsibility for the exercise of these powers, as well as a position in local government, formed in accordance with the Charter of municipal formation(education), with established terms for execution and ensure the authority of the local authority and responsibility for the execution of these duties.
2. Municipal offices are subdivided as follows: elective municipal offices, replaced as a result of the municipal elections (deputies, members of the electoral body of local self-government and local government elected officials), as well as replaced by the decisions or other elected representative body of local self-government in respect of persons elected to these bodies as a result of the municipal elections;
other municipal posts, replaced by contract.
Article 2. Community service 1. Community service-professional work that is ongoing at the municipal office, is not elective.
2. status of the mp, a member of the electoral body of local self-government, an elected local government official this federal law is not installed.
Article 3. The right of citizens of the Russian Federation on equal access to community service, citizens of the Russian Federation shall have equal access to municipal service irrespective of sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, convictions, membership of public associations.
Article 4. Municipal service legislative framework 1. Community service in the Russian Federation shall be exercised in accordance with the Constitution of the Russian Federation, federal law on general principles of organization of local self-government in the Russian Federation, this federal law, other federal laws, constitutions, statutes of the constituent entities of the Russian Federation and laws of constituent entities of the Russian Federation.
2. Legislative regulation of municipal service is carried out by entities of the Russian Federation in accordance with the Constitution of the Russian Federation, the Federal law "on general principles of organization of local self-government in the Russian Federation, this federal law, other federal laws.
3. The municipal employees covered by the labour legislation of the Russian Federation with the characteristics stipulated by this federal law.
Article 5. Basic principles of community service community service is based on the following principles: 1) the supremacy of the Constitution of the Russian Federation, federal laws and laws of constituent entities of the Russian Federation over the regulations, job descriptions in the performance of municipal employees duties and ensuring the rights of municipal employees;
2) priority of human and civil rights and freedoms, their direct action;
3) autonomy of the local self-government bodies within their competence;
4) professionalism and competence of municipal employees;
5) liability of municipal employees for nonperformance or improper performance of their duties;
6) equal access of citizens to community service in accordance with their abilities and training;
7) unity of the main requirements for community service in the Russian Federation, as well as historical and other local traditions;
8) legal and social protection of municipal employees;
9) non partisanship municipal service.
Article 6. Financing of municipal service 1. Financing of municipal service is financed from the local budget.
2. The minimum necessary expenditures of municipalities on municipal service takes into account the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation in determining minimum local budgets.
Chapter II. FUNDAMENTALS of MUNICIPAL CIVIL SERVANT STATUS, Article 7. Municipal employee

1. Municipal employees is a Russian citizen who has reached the age of 18 years, in the order specified by the Charter of municipal formation(education) in accordance with federal laws and laws of constituent entities of the Russian Federation, responsibilities for municipal posts of municipal services for a fee, paid at the expense of the local budget. (As amended by federal law from 13.04.99 N 75-FZ)
2. persons who are not substitutes for municipal offices municipal service and acting maintenance activities of the local self-government bodies are not municipal employees.
Article 8. Classification of municipal posts community service 1. Municipal offices municipal service shall be established by normative legal acts of local self-government bodies in accordance with the registry of the municipal posts in municipal service, approved by the law of the Russian Federation.
In the registry of the municipal posts of municipal services can be installed municipal offices municipal service for direct enforcement powers of the person, substitute elective municipal office. These municipal offices municipal service replaced by municipal employees by contract for a term of Office of the person concerned. (The paragraph is supplemented by federal law from 19.04.2002 N 38-FZ)
2. The laws of the constituent entities of the Russian Federation establishes the ratio of municipal posts of municipal services and public posts in the public service of the Russian Federation, taking into account the qualification requirements to the respective positions of the municipal and public service.
Article 9. Qualification level municipal employees 1. Qualification level are assigned to municipal employees based on the results of the qualifying examination or certification and compliance training municipal employees qualification requirements for municipal posts of municipal services in accordance with the classification of the municipal posts of municipal service.
2. qualification level, their attribution and preservation when converting or entering municipal employees for other municipal offices municipal service or public offices of the State service of subjects of the Russian Federation, as well as with the dismissal of municipal officials with the municipal service shall be established by the laws of the constituent entities of the Russian Federation in accordance with federal laws.
Article 10. Municipal employee rights and responsibilities rights and responsibilities of a municipal employee establishes the Charter of municipal formation(education) or normative legal acts of local self-government bodies in accordance with this federal law, other federal laws, the laws of the constituent entities of the Russian Federation.
Article 11. Restrictions associated with the municipal service 1. Municipal employee may not: 1) engage in other paid activity, except teaching, scientific and other creative activities;
2) be a Deputy of the State Duma of the Federal Assembly of the Russian Federation, Deputy of the legislative (representative) body of a constituent entity of the Russian Federation, Deputy of a representative body of local self-government, a member of the other elected bodies of local self-government, an elected local government official;
3) do business directly or through proxies;
4) be a member of a management body of a commercial organization, unless otherwise provided by law or if in the order established by the Charter of municipal formation(education) in accordance with federal laws and laws of constituent entities of the Russian Federation, it is not requested to participate in the governance of this organization;
5) be believed or the representative on Affairs of third persons by the local authority, in which he is on community service or which directly subordinate to or is under the control of it;
6) used in unofficial purposes means logistical, financial and information management, other assets and proprietary information;
7) receive royalties from publications and appearances as a municipal civil servant;
8) receive from natural and legal persons pay (gifts, remuneration, loans, services, entertainment, recreation, transportation expenses and other remuneration) connected with the performance of official duties;
9) travel at the expense of the funds of individuals and legal entities, except for business trips undertaken on a reciprocal basis, by agreement of local self-government bodies of the municipal formation with local self-government bodies of other municipalities, as well as with State authorities and local self-government bodies of foreign States, international organizations and foreign non-profit organizations;
10) to participate in strikes;

11) used his position in the interests of political parties, religious and other associations.
2. Municipal employees do not have the right to form local government structures of political parties, religious and other voluntary associations, except for trade unions.
3. Municipal employee must pass in trust under the guarantee of the municipality at the time of the municipal service under his ownership shares (stakes) in the share capital of commercial organizations in the manner prescribed by the Charter of municipal formation(education) in accordance with federal laws and laws of constituent entities of the Russian Federation.
Article 12. Information about the municipal employee income and property, belonging to him ownership of Municipal employee annually in accordance with federal law, as well as a citizen upon municipal service are required to submit to the State tax service authorities for information about their income and property that belongs to them by right of ownership, which are the objects of taxation.
Article 13. Promote municipal employee rewards municipal employee and their application shall be established by normative legal acts of local self-government bodies in accordance with federal laws, the laws of the constituent entities of the Russian Federation.
Article 14. The responsibility for municipal employee for nonperformance or improper performance of municipal employees assigned to it (misconduct) on municipal employee may be subject to disciplinary sanctions, stipulated by normative legal acts of local self-government bodies in accordance with federal laws, the laws of the constituent entities of the Russian Federation.
Article 15. Guarantees for municipal civil servant 1. The municipal clerk shall be guaranteed: 1) conditions of work, to ensure the performance of official duties;
2) salaries and other payments;
3) paid annual leave;
4) health care it and members of his family, including after his retirement;
5) seniority pension and family pension municipal employee in the event of his death, in connection with the exercise of official duties;
6) compulsory State insurance for personal injury and property damage in connection with the performance of official duties;
7) compulsory State social insurance in case of illness or incapacitation during them municipal service or after its termination, but occurring in connection with the performance of official duties;
8) protecting him and his family members in the manner prescribed by laws against violence, threats and other misconduct in connection with the performance of official duties.
2. in case of liquidation of the local authority, the downsizing of workers of this body to the municipal clerk shall offer guarantees established by the legislation of the Russian Federation on labour for employees in case of their dismissal in connection with the liquidation of enterprises, institutions, organizations, staff reductions.
3. The laws of the constituent entities of the Russian Federation and the Charter of municipal formation(education) may be provided additional guarantees for municipal employee.
Article 16. Salaries of municipal civil servant salary Size, dimensions and the procedure for establishing the allowances and other payments to the official salary of a municipal employee determined by normative acts of the bodies of local self-government in accordance with the laws of the constituent entities of the Russian Federation.
Article 17. Leave the municipal civil servant 1. Municipal employee establishes the annual paid leave of not less than 30 calendar days. For certain categories of municipal employees federal laws and laws of constituent entities of the Russian Federation establishes the annual paid leave more length. In excess of the annual paid leave municipal employee for seniority is available in the manner and under the conditions prescribed by federal laws and laws of constituent entities of the Russian Federation, additional paid leave.
2. Annual paid leave and additional paid holidays are summed and the municipal civil servant may be granted in parts. The duration of one part of the leave granted may not be less than 14 calendar days.
3. Municipal employee may be granted leave without pay for a period not exceeding one year, unless otherwise stipulated in the Federal law.
Article 18. Pensions for municipal employee and his family members 1. The municipal employee pension in full subject to the rights of a civil servant in the Russian Federation established by federal laws and laws of constituent entities of the Russian Federation.

Determination of the amount of State pension municipal employee is carried out in accordance with the established law of the Russian Federation by the ratio of the municipal posts of municipal services and public posts in the public service. The maximum size of a State pension of municipal employee may not exceed a maximum size of public pension of a public servant on the appropriate public office.
2. In the event of the death of municipal employee related to the performance of official duties, including those occurring after his dismissal from the municipal service, family members of the deceased have the right to a survivor's pension in the manner determined by the Federal law.
Article 19. Experience community service 1. In the experience of municipal services municipal employee work time is included in municipal positions of municipal service, elected municipal positions and public positions.
Inclusion in community service experience other periods of employment shall be exercised in accordance with the federal laws and laws of constituent entities of the Russian Federation.
2. The experience of municipal services municipal employee is equal to length of State service of civil servant.
While working on municipal positions of community service is counted in the length calculated to provide benefits and guarantees in accordance with the legislation of the Russian Federation on public service.
Article 20. Passage of municipal service 1. Admission to the municipal service shall be carried out in accordance with the legislation of the Russian Federation on labour, taking into account the peculiarities stipulated by this federal law. (As amended by federal law from 13.04.99 N 75-FZ)
2. Order of municipal services, municipal management, service requirements for municipal posts in the municipal service shall be determined by the Charter of municipal formation(education) in accordance with the laws of the constituent entities of the Russian Federation.
3. no citizen may be adopted by municipal service, and also be on municipal service in the case of the deprivation of his or her decision that has entered into legal force Court from acting as municipal services within a certain period of time. (Para supplemented by federal law from 25.07.2002 N 112-FZ) Article 20-1. Grounds for termination of the municipal service 1. In addition to the grounds provided by the legislation of the Russian Federation on labour law, the dismissal of municipal employee can be done also on the initiative of the head of the local authority in the following cases: reaching the age-limit prescribed to replace the municipal post community service;
cessation of citizenship of the Russian Federation;
non-compliance with duties and restrictions established for municipal employee of this federal law;
disclosure of information constituting State secrets and other secrets protected by law;

the occurrence of circumstances stipulated in paragraph 3 of article 20 hereof. (The paragraph is supplemented by federal law from 25.07.2002 N 112-FZ)
2. Retirement municipal employee is effected in the manner laid down by federal law. The age limit for being on the municipal post community service-60 years. Allowed extension of term of community service, municipal employees, the age limit for municipal service age. A one-time extension of term of community service of the municipal servant allowed not more than one year. (Article supplemented by federal law from 13.04.99 N 75-FZ), chap. III. Final and transitional provisions article 21. Bringing of normative legal acts in accordance with this federal law 1. The President of the Russian Federation, the Government of the Russian Federation, bodies of State power of constituent entities of the Russian Federation, bodies of local self-government shall bring its normative acts in compliance with this federal law within three months from the date of its entry into force.
2. to invite the legislative (representative) bodies of constituent entities of the Russian Federation not later than six months from the date of entry into force of this federal law to enact laws on municipal service.
Article 22. A temporary regulation to individual relationships, stipulated by this federal law 1. Until the adoption of the constituent entities of the Russian Federation laws stipulated by this federal law, matters to be regulated by the laws of the constituent entities of the Russian Federation may be governed by the statutes and other legal acts adopted by municipalities in accordance with this federal law.

2. the restrictions set forth in subparagraph 2 of paragraph 1 of article 11 hereof shall not apply to municipal employees, elected by the deputies of the legislative (representative) bodies of constituent entities of the Russian Federation, deputies of representative bodies of local self-government before the entry into force of the Federal law on general principles of organization of local self-government in the Russian Federation ".
Article 23. On the entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 8 January 8, 1998-FZ