State and municipal service

Author(s):  
Юрий Кузякин ◽  
Yuriy Kuzyakin ◽  
Артём Ермоленко ◽  
Artem Ermolenko

The textbook examines the concept, types and order of passage of the state civil service, military service, other types of public service and municipal service. The legal status of state and municipal employees, the principles and sources of legal regulation of official activities in Russia are analyzed. The authors conducted a comparative legal analysis of state and municipal services in the Russian Federation. Considerable attention is also paid to the procedure for considering individual service disputes and combating corruption in the system of state and municipal services.

Author(s):  
В Шайхатдинов ◽  
V Shayhatdinov ◽  
Валентин Агафонов ◽  
Valentin Agafonov ◽  
Леонид Вахнин ◽  
...  

The textbook deals with the main issues of the course "State and municipal service": General issues of state and municipal service, sources of law governing the state and municipal service, positions of state and municipal service, the legal status of state and municipal employees, issues of combating corruption in the state and municipal service, admission, passage and termination of state civil and municipal service, features of legal regulation of civil service in certain state bodies, military service, public service of other types, social protection of state and municipal employees, personnel work and personnel policy in the civil and municipal service, management of state and municipal service.


Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.


Author(s):  
Oleg Kozhevnikov

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.


Author(s):  
Роман Нагорных ◽  
Roman Nagornyh

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.


2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.


2020 ◽  
Vol 35 (3) ◽  
pp. 50-55
Author(s):  
E.B. Abakumova ◽  

On the basis of theoretical and legal analysis, the types of restrictions on constitutional rights established in connection with the replacement of public offices of a subject of the Russian Federation were determined, and the existing problems and contradictions in this area were indicated. It is shown that the current legislation does not separate the restrictions of constitutional rights in the sense of part 3 of article 55 of the Constitution of the Russian Federation and the immanent limits of the rights of citizens who hold public office in a subject of the Russian Federation. The paper also draws attention to the gap in Russian legislation in terms of disciplinary liability of persons holding public positions in the Russian Federation for violations of anti-corruption requirements. The article substantiates the need for regulatory consolidation at the Federal level of other types of disciplinary responsibility, in addition to dismissal due to loss of trust. In addition, regional laws that establish the basis for the legal status of persons who hold public positions in various authorities of the Russian Federation should include rules that oblige authorized persons to take decisions on the application of disciplinary measures in established cases.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Сергей Чаннов ◽  
Syergyey CHannov

The article discusses the current state of the law enforcement public service legislation. It is noted that the development of the legal regulation of law enforcement service over the past decade shows that legislators don’t understand to the full extent its specificity and differences from other types of public service. The author criticizes the refusal to use the term “law enforcement service” in the Federal Law “On the public service of the Russian Federation”, according to author´s opinion the service at specific positions in law enforcement service has a number of features in comparison with civil and military service and is characterized by a certain internal unity. The article compares approaches to the legal regulation of service at certain positions in different law enforcement agencies. The author notes that taken in recent years legislative acts concerning the service in law enforcement agencies mostly contain overlapping rules. This situation violates one of the principles of legal technique - maximum economy of norms in the presentation of legal regulations, prevention of their repetitions.


2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.


2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.


Author(s):  
Екатерина Викторовна Глебова

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.


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