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(as amended on October 1, 2019)

On approval of the Regulations on the procedure for the development and approval of the job description of the municipal employee of the Administration of the city of Nizhny Tagil

NIZHNY TAGIL CITY ADMINISTRATION

ORDER

On approval of the Regulations on the procedure for the development and approval of the job description of the municipal employee of the Administration of the city of Nizhny Tagil

dated 01.10.2019 N 249-RA)

In order to bring the municipal legal acts of the city of Nizhny Tagil in line with the requirements of the current legislation, to organize a unified procedure for the development and approval of job descriptions for municipal employees of the Administration of the city of Nizhny Tagil, guided by the Charter of the city of Nizhny Tagil:

1. Approve the Regulations on the procedure for the development and approval of the job description of the municipal employee of the Administration of the city of Nizhny Tagil (Appendix).

2. The heads of sectoral (functional) and territorial bodies of the City Administration, when developing job descriptions for municipal employees, be guided by the requirements of this Regulation.

3. Recognize as invalid points 1, 2, 4, 5 of the Order of the Administration of the city of Nizhny Tagil of November 12, 2013 N 257 "On approval of the Regulations on the procedure for the development and approval of the job description of the municipal employee of the Administration of the city of Nizhny Tagil".

4. Post this Order on the official website of the city of Nizhny Tagil.

5. To impose control over the implementation of this Order on the manager of the affairs of the Administration of the city M.S. Ivushkin.

(clause 5 as amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

Mayor
S.K.NOSOV

Application. Regulations on the procedure for the development and approval of the job description of the municipal employee of the Administration of the city of Nizhny Tagil

Application

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

Article 1. General provisions

1. The regulation on the procedure for developing and approving the job description of a municipal employee of the Administration of the city of Nizhny Tagil (hereinafter referred to as the Regulation) was developed in accordance with the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation" (hereinafter -), Methodological recommendations on the establishment of qualification requirements for filling positions in the municipal service and the organization of assessment for compliance with the specified requirements, developed by the Ministry of Labor and Social Protection Russian Federation(hereinafter referred to as the Ministry of Labor of the Russian Federation), and determines the basic requirements for the procedure for development and approval, as well as the structure and content of the job description of a municipal employee of a sectoral (functional) and territorial authority Administration of the city of Nizhny Tagil (hereinafter referred to as the body of the City Administration).

2. The professional activity of a municipal employee is carried out in accordance with the job description.

Job description - the main organizational and regulatory document that regulates the content and results of activities, the rights, duties and responsibilities of a municipal employee in the implementation of professional activity according to the position.

3. The objectives of the development of the job description:

1) creation of an organizational and legal basis for the professional activities of a municipal employee;

2) regulation of the current professional activity of a municipal employee;

3) increasing the responsibility of a municipal employee for the results of activities carried out on the basis of an employment contract;

4) ensuring objectivity during the competition for substitution vacant position municipal service or the inclusion of a municipal employee in personnel reserve, assessment of his professional activities during the certification, promotion of a municipal employee or the application of a disciplinary sanction to him;

5) Ensuring Level Compliance vocational training qualification requirements for class rank assignment.

Article 2. The structure of the job description

The job description indicates the name of the body of the City Administration, the name of the position of the municipal service, the structural unit, the details of approval and approval (Appendix to the Regulations).

The job description consists of sections:

Section 1. General provisions.

Section 2. Qualification requirements.

Section 3. Official duties, rights and responsibility of a municipal employee.

Section 4. List of issues on which a municipal employee is entitled or obliged to independently make managerial and other decisions.

Section 5. List of issues on which a municipal employee is entitled or obliged to participate in the preparation of draft regulatory legal acts and (or) draft management and other decisions.

Section 6. Terms and procedures for the preparation, consideration of draft regulatory legal acts and (or) draft management and other decisions, the procedure for agreeing on draft regulatory legal acts and (or) draft management and other decisions.

Section 7. The procedure for interaction of a municipal employee in connection with the execution official duties.

Section 8. Indicators of the efficiency and effectiveness of the professional activities of a municipal employee.

Article 3. Requirements for the content of the job description

The main requirements for the content of the job description of a municipal employee are the most specific list of tasks and functions, the completeness and clarity of the presentation of the types of work, job duties, rights and responsibilities. When preparing a job description, it is necessary to comply with the requirements of the Instruction on office work in the Administration of the city of Nizhny Tagil.

1. Section 1 "General Provisions" specifies:

1) the full name of the position of the municipal service, indicating the structural unit, body of the City Administration;

2) classification of the position of the municipal service in the Register of positions of the municipal service of the Administration of the city of Nizhny Tagil, indicating the group of positions (highest, main, leading, senior, junior);

3) the area of ​​professional service activities of a municipal employee in accordance with the List of areas and types of professional service activities, in accordance with which municipal employees perform official duties, approved by the Ministry of Labor of the Russian Federation (hereinafter referred to as the List);

4) the type of professional service activity of the municipal employee in accordance with the List;

5) the procedure for appointment and dismissal from office; direct subordination (to whom the municipal employee is directly subordinate); the presence and composition of subordinates (if any);

6) the procedure for replacement (who replaces the given municipal employee during his absence; who is replaced by the municipal employee).

2. Section 2 "Qualifications" specifies qualification requirements in accordance with the group of positions of the municipal service:

Qualification requirements for filling positions in the municipal service are presented to:

Level of education;

Length of service in the municipal service or length of service in the specialty, area of ​​training;

Knowledge and skills necessary for the performance of official duties;

To the presence of access to information constituting a state secret.

Basic qualification requirements - are presented for filling all positions of the municipal service.

Basic qualification requirements:

To the level of education with an indication of the specialty, direction of training. Requirements for the specialty, the direction of training is preferable due to the fact that it implies that applicants (municipal employees) have fundamental theoretical knowledge to fill the position of the municipal service, which are necessary for the performance of official duties;

To the experience of municipal service or work experience in the specialty, direction of training;

To knowledge.

To fill the positions of all groups of positions in the municipal service:

1) requirements for knowledge of the state language of the Russian Federation (Russian language);

2) requirements for legal knowledge of the basics:

- the Constitution of the Russian Federation;

- Federal Law of October 6, 2003 N 131-FZ "On Local Self-Government in the Russian Federation";

- Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation";

Legislation on combating corruption and others;

Skill requirements.

To fill all groups of positions in the municipal service:

Ability to work on a computer, including the Internet, in information and legal systems.

To replace the highest, main and leading groups of positions in the municipal service:

1) the ability to manage subordinates, effectively plan work and control its implementation;

2) the ability to quickly make and implement management decisions;

3) the ability to lead business negotiations with representatives of state bodies, bodies local government, organizations;

4) the ability to comply with ethics business communication when interacting with citizens.

The basic qualification requirements for filling positions in the municipal service are established by a municipal legal act on the basis of standard qualification requirements for filling positions in the municipal service, which are determined by the law of the Sverdlovsk region on municipal service.

Functional qualification requirements - are presented for filling positions in the municipal service, depending on the area and type of professional service activity (hereinafter - the area and type of activity).

Functional qualification requirements are established depending on the area and type of activity of a municipal employee and are provided for by the Directory of typical qualification requirements for filling positions in the municipal service, developed by the Ministry of Labor of the Russian Federation (hereinafter referred to as the Directory).

The reference book is advisory in nature and contains a typical approach to the formulation of qualification requirements for areas and types of activity, which does not exclude the possibility, when forming qualification requirements in the job description of a municipal employee, to take into account the specifics of the functions of the local government body that he implements.

If a municipal employee performs a number of different functions of a local government body (areas and types of activities), it is necessary to formulate requirements based on the main function of a municipal employee carried out by him in a local government body. At the same time, with the equal importance of the functions performed by a municipal employee, it is necessary to determine the qualification requirements by choosing fundamental knowledge and skills for the performance of official duties.

3. Section 3 "Responsibilities, rights and responsibilities of a municipal employee" indicates the official duties, rights and responsibility of a municipal employee for failure to perform (improper performance) of official duties in accordance with the Regulations on the body of the City Administration and the functional features of the substituted position of the municipal service:

1) the subsection "Responsibilities" contains the most specific list of official duties assigned to a municipal employee in his position in accordance with the tasks and functions of the body of the City Administration;

2) in the "Responsibilities" subsection, reference is made to the Federal Law "On Municipal Service in the Russian Federation", which lists the main duties of a municipal employee that are common to all municipal employees, regardless of the position of the municipal service, as well as the obligation to comply with anti-corruption legislation and protection of state secrets;

3) in the subsection "Rights" a reference is made to the Federal Law "On Municipal Service in the Russian Federation", which provides a list of the basic rights of a municipal employee, and specifies the rights that, within the limits of his competence, a municipal employee has in the performance of his official duties for replaced positions of the municipal service, taking into account their specifics.

The rights of a municipal employee arise from the functions of the body of the City Administration, as well as the official duties of a municipal employee established by the job description;

4. Section 4 "List of issues on which a municipal employee is entitled or obliged to independently make managerial and other decisions" indicates a list of issues on which a municipal employee is entitled or obliged to independently make managerial and other decisions, taking into account the tasks and functions assigned to the relevant body of the City Administration, in accordance with the official duties of the position of the municipal service.

Take part in the consideration, approval, endorsement of a legal act, protocol, memo, letter, report, plan, report, and so on;

Inform the superior manager to make the appropriate decision;

Check documents and, if necessary, return them for reissuance or request missing information;

Refuse to accept documents that are not properly executed;

Forward documents, establish or change (extend) the deadlines for their execution;

Inform the relevant department about the identified violations of the law;

Execute the relevant document or send it to another executor;

Decide on the compliance of the submitted documents with the requirements of the legislation, their reliability and completeness;

Properly certify a copy of any document, etc.

5. Section 5 "List of issues on which a municipal employee is entitled or obliged to participate in the preparation of draft regulatory legal acts and (or) draft management and other decisions" indicates a list of issues on which a municipal employee is granted the right or he is obliged to participate in the preparation of projects regulatory legal acts and (or) draft management and other decisions, taking into account the tasks and functions assigned to the relevant body of the City Administration, in accordance with official duties.

For example:

goal setting;

Preparation of information;

Analysis of factors influencing the content of the project;

Development and evaluation of possible options, selection of the most acceptable option;

Evaluation of results;

sighting;

Participation in the discussion of the project;

Making proposals on the draft regulatory legal act;

Coordination;

Implementation of legal examination of the document, etc.

6. Section 6 "Terms and procedures for the preparation, consideration of draft regulatory legal acts and (or) draft management and other decisions, the procedure for agreeing on draft regulatory legal acts and (or) draft management and other decisions" indicates the timing, procedures and responsibility of a municipal employee when preparing, considering regulatory legal acts and (or) draft management and other decisions, the procedure for agreeing and adopting regulatory legal acts and (or) draft management and other decisions with reference to the relevant regulatory and legal acts.

7. Section 7 "The procedure for interaction of a municipal employee in connection with the performance of official duties" indicates the procedure for interaction of a municipal employee in connection with the performance of his official duties with municipal employees of the City Administration, other local authorities of the city of Nizhny Tagil, civil servants of state bodies, citizens and organizations.

8. Section 8 "Indicators of the efficiency and effectiveness of the professional performance of a municipal employee" indicates the indicators of the efficiency and effectiveness of the professional performance of a municipal employee.

Indicators of the efficiency and effectiveness of professional performance are formed depending on the position of the municipal service being replaced, taking into account the official duties and based on the tasks and functions of the city Administration body in which the municipal employee replaces the position of the municipal service.

For example:

1. High-quality, timely performance of official duties stipulated employment contract, job description:

Compliance with the deadlines for the performance of work (labor intensity);

Quality of work performance;

The number of work performed (the amount of work performed);

Independence in the performance of work;

The complexity of the work.

2. High-quality, timely implementation of regulatory legal acts, instructions of the immediate supervisor, work plans in established by law, regulations of the City Administration or management deadlines.

3. High-quality and timely consideration of applications from citizens and organizations, preparation of responses to requests, provision of information.

4. Demonstrated initiative in the performance of official duties and making proposals on issues stipulated by official duties.

5. Compliance with the deadlines for the submission of established reports.

6. Compliance labor discipline, Code of Ethics and Official Conduct of a Municipal Employee.

7. Compliance with the requirements of the legislation in the field of combating corruption.

dated 01.10.2019 N 249-RA)

Article 4

1. The job description is developed based on the tasks and functions assigned to the relevant body of the City Administration for all positions of the municipal service included in staffing body of the City Administration, without specifying personal data, and is approved before the appointment of a municipal employee to the appropriate staff position.

2. The job description of the Deputy Head of the City Administration, the manager of the affairs of the City Administration is developed on behalf of the Head of the city of Nizhny Tagil and approved by the order of the Administration of the city of Nizhny Tagil.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

3. The job description of the head of the sectoral (functional) and territorial body of the City Administration is developed by the Deputy Head of the City Administration in charge of the relevant body of the City Administration, or the manager of the City Administration and approved by the order of the Nizhny Tagil City Administration.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

4. Job description of a municipal employee of the body of the City Administration, entitled of a legal entity, is developed by the immediate head of the municipal employee, agreed with the Deputy Head of the City Administration in charge of the relevant body of the City Administration, with the manager of the City Administration and approved by the head of the City Administration body.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

5. The job description of a municipal employee of a body of the City Administration that is not endowed with the rights of a legal entity is developed by the immediate supervisor of the municipal employee, agreed with the manager of the City Administration and approved by the Deputy Head of the City Administration in charge of the relevant body of the City Administration.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

6. The job description of a municipal employee of the City Administration body, endowed with the rights of a legal entity directly subordinate to the Head of the city of Nizhny Tagil, is developed by the immediate supervisor of the municipal employee, agreed with the manager of the City Administration and approved by the head of the City Administration body.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

7. The job description of a municipal employee of the body of the City Administration, not endowed with the rights of a legal entity, directly subordinate to the Head of the city of Nizhny Tagil or the manager of the City Administration, is developed by the immediate head of the municipal employee and approved by the manager of the City Administration.

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

8. The job description of the municipal employee specified in paragraphs 2 - 7 of this article, before passing the approval and approval procedure, is sent to the municipal service and personnel department of the City Administration to verify compliance with the requirements of this Regulation.

(Clause 8 as amended by the Order of the Administration of Nizhny Tagil dated October 1, 2019 N 249-RA)

9. A municipal employee must be familiarized with the job description for the relevant position against signature before concluding an employment contract, moving to another position in the municipal service.

10. Responsibility for the timely familiarization of the municipal employee with the job description rests with the head of the relevant body of the City Administration.

11. The job description of a municipal employee is drawn up in triplicate. One copy of the job description is filed in the personnel service of the City Administration body, the second copy is handed over to the municipal employee and stored at the workplace of the municipal employee, the third copy is transferred to the immediate supervisor of the municipal employee.

12. The job description comes into force from the moment of its approval and is valid until it is replaced by a new job description, amendments to job description not allowed.

13. The job description can be developed and re-approved when changing the organizational and staffing structure of the City Administration body, reducing the staff or number of employees, as well as when redistributing functional duties within the City Administration.

When carrying out the above structural changes, a new job description is developed, agreed and approved in the prescribed manner.

Application. An approximate form of the job description of a municipal employee of the Administration of the city of Nizhny Tagil

Application
to the regulation
development and approval
job description
municipal employee
Administrations
city ​​of Nizhny Tagil

(As amended by the Order of the Administration of Nizhny Tagil dated 01.10.2019 N 249-RA)

_____

(name of the body of the City Administration)

APPROVE

__________________________________

(head position,

__________________________________

who has been granted the right

__________________________________

job description approval

__________________________________

(signature, initials, surname))

JOB DESCRIPTION

(full title of the position of the municipal service, indicating

structural subdivision of the body of the City Administration)

Section 1. General Provisions

1. The position of ________________________ is a position of a municipal

(Job title)

2. In the Register of positions of the municipal service, the position ________________

(Name

positions)

assigned to ______________________________________________ group of positions

(highest, main, leading, senior, junior)

municipal service.

3. Area of ​​professional performance, in accordance with

which the civil servant performs official duties:

____________________________________.

4. Type of professional performance, in accordance with

in which the civil servant performs official duties:

__________________________________.

5. A municipal employee is appointed to a position and dismissed from

positions ________________________________________________________________,

(indicate the procedure for appointment and dismissal)

directly subordinated to ________________________________________________,

(Job title)

under his direct control are _____________________________

(Positions are indicated

replaced by subordinates (if any))

6. In case of official necessity ___________________________________

(Job title)

temporarily replaces _________________________________________________.

(Job title)

Section 2 Qualifications

7. To fill a position ____________________________________________

(Job title)

basic qualification requirements are established:

1) municipal employee replacing the position _______________________

(Job title)

should have:

- (education requirements)

a) higher education by specialty, field of study

b) professional education specialty, direction

preparation _____________;

- (experience requirements)

a) at least _____ years of municipal service or work experience in

specialty, field of study for at least ____ years;

b) requirements for the length of service of the municipal service or the length of service in

specialty, direction of training is not established;

2) ________________________________ must have the following basic

(Job title)

knowledge:

State language of the Russian Federation (Russian language);

legal knowledge of the basics:

the Constitution of the Russian Federation;

principles of organization of local self-government in the Russian Federation";

service in the Russian Federation";

Charter of the Sverdlovsk region;

features of the municipal service in the territory of the Sverdlovsk region";

Charter of the city of Nizhny Tagil;

Instructions for office work in the Administration of the city of Nizhny Tagil;

Code of ethics and official conduct of municipal employees of the city

Nizhny Tagil;

Rules of the internal work schedule Administration of the city of Nizhny

Legislation on combating corruption;

3) ______________________ must have the following basic skills:

(Job title)

4) access to information constituting a state secret (if

availability).

8. Municipal employee replacing the position _______________________

(Job title)

must meet the following functional qualifications

requirements:

1) have knowledge in the field of the legislation of the Russian Federation,

Sverdlovsk region, municipal legal acts and other knowledge,

necessary for the performance of their duties in

relevant field of activity and type of activity:

__________________________________________________________________________;

2) possess the skills that are necessary for the performance of official duties

responsibilities in the relevant field of activity and by type of activity:

_______________________.

Section 3. Official duties, rights and responsibility of a municipal employee

9. Based on the tasks, functions and powers of ______________________________

(name of body

city ​​administration)

____________________________ is responsible for the following:

(Job title)

__________________________________________________________________________.

(lists the duties of a municipal employee)

10. The observance of duties is assigned to the municipal employee,

established by the Federal Law "On Municipal Service in the Russian

Federation", legislation on combating corruption and protecting

state secret.

11. The basic rights of a municipal employee are determined by the Federal

Law "On municipal service in the Russian Federation".

12. Based on the tasks, functions and powers of _____________________________

(name of body

city ​​administration)

and official duties established by this job description

instruction, ___________________________ has the right ______________________

(job title) (rights by which

__________________________________________________________________________.

possessed by a municipal employee) in the position to be replaced)

13. For failure to perform or improper performance of official

duties set out in this job description

duties enshrined in the Federal Law "On countering

corruption", restrictions and prohibitions related to the municipal service,

provided for by the Federal Law "On Municipal Service in the Russian

Federation", for offenses committed in the process of exercising its

activities, for causing material damage to a municipal employee

may be held liable in the manner and on the grounds

provided by the legislation of the Russian Federation.

Section 4. List of issues on which a municipal employee is entitled or obliged to independently make managerial and other decisions

14. In accordance with the occupied position of the municipal service and in

within the limits of the duties established by this job description

instruction, ______________________________ has the right to accept or accepts

(Job title)

decision on issues: ___________________________________________________________.

(indicate a list of questions)

Section 5. List of issues on which a municipal employee is entitled or obliged to participate in the preparation of draft regulatory legal acts and (or) draft management and other decisions

15. Within the limits of official duties established by this

job description, _________________________________ has the right to accept

(Job title)

or takes part in the preparation of regulatory legal acts and (or)

draft management and other decisions on the following issues: _______________________

___________________________________________________________________________

(indicate a list of questions)

Section 6. Terms and procedures for the preparation, consideration of draft regulatory legal acts and (or) draft management and other decisions, the procedure for agreeing and adopting draft regulatory legal acts and (or) draft management and other decisions

16. Terms and procedures for the preparation, consideration of draft regulatory

legal acts and (or) draft management and other decisions, the procedure

approval and adoption of regulatory legal acts and (or) projects

management and other decisions are determined in accordance with the regulatory

legal acts of local self-government bodies of the city.

The municipal employee is responsible for meeting deadlines and

procedures for the preparation, approval and adoption of draft regulatory legal

acts and (or) projects of management and other decisions.

Section 7. The procedure for interaction of a municipal employee in connection with the performance of official duties

17. Official interaction ____________________ in connection with the execution

(Job title)

Job responsibilities include interaction with: ________________

__________________________________________________________________________.

Section 8. Indicators of the efficiency and effectiveness of the professional performance of a municipal employee

18. Professional service activity ___________________________

(Job title)

is assessed on the basis of determining its compliance with the qualification

requirements for the occupied position of the municipal service, his participation in

solution of the tasks assigned to the City Administration, efficiency and

effectiveness of professional performance, compliance with

the main duties of a municipal employee and the requirements of an official

behavior of a public servant.

19. Efficiency and effectiveness of professional service

activity is characterized by the following indicators:

__________________________________________ _________ ______________________

(position of immediate supervisor) (signature) (full name)

AGREED

____________________________________

(the position of the head to whom

granted the right to approve

job description)

____________________________________

(signature, initials, surname)

"__" ______________ 20__.

I am familiar with the job description.

I received one copy in my hands and I undertake

store at work.

______________________________________________________

(signature, initials, surname of the municipal employee)

"__" ______________ 20__.

The performance of duties as a municipal service provides for the use by a municipal employee of the powers granted to him to implement the established functions of the relevant local government body, to solve social problems municipality, serving the legitimate interests of one hundred people. In the performance of official duties, a municipal employee shall observe the rights and legitimate interests of citizens living in the municipality and organizations that operate on its territory.

The municipal employee performs his duties in accordance with the job description.

Job description of a municipal employee- the main regulatory document that regulates the content and results of its activities and establishes the requirements for a municipal employee who replaces the position of the municipal service of the corresponding group of positions.

The job descriptions of municipal employees are designed to promote the correct selection, placement and retention of personnel of the municipal service in the relevant local government, increase their professionalism and responsibility for the results of their activities. Job descriptions are also intended to create an organizational and legal basis for the performance of a municipal employee and ensure its regulation. They allow for the optimal distribution of job responsibilities between municipal employees and eliminate the duplication of these duties in the performance of certain types of work. In addition, job descriptions can be used in evaluating the performance of a municipal employee of the relevant local government when conducting certification and qualification exams, when hiring citizens for municipal service by appointment or by competition, when making decisions on encouraging a municipal employee, as well as when applying to him disciplinary action.

When developing job descriptions for municipal employees, it is necessary to proceed from the provisions of the Constitution of the Russian Federation, the constitution (charter) of the subject of the Russian Federation, federal laws No. municipality and the regulations on the structural unit of the local government in which the municipal employee works. Of course, this should take into account the goals and programs for the development of the municipality, the established tasks and functions of a particular local government.

The structure of the job description of a municipal employee may be different. But the best option is when it consists of the following sections: "General Provisions"; "Functions"; "Responsibilities"; " Official rights"; "Relationships (connections but positions); "A responsibility"; "Evaluation of work", "Final provisions".

In addition to the job description, a municipal employee, in the performance of his duties, must comply with the regulations established by the local government in which he works. internal labor regulations.

Internal labor regulations- local normative act local self-government body, regulating in accordance with the Labor Code of the Russian Federation and other regulatory legal acts regulating labor Relations, the procedure for hiring and dismissal of employees of the municipal body, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest time, incentives and penalties applied to employees.

The internal labor regulations are designed to help strengthen labor discipline in the local government, rational use municipal employees and other persons working in this body, their working hours, as well as improving the organization of labor in the municipal apparatus.

Often, local governments, guided by Federal Law No. 25-FZ, the Labor Code of the Russian Federation, the law of the corresponding subject of the Russian Federation on municipal service, other regulatory legal acts of the Russian Federation and the subject of the Russian Federation, approve a special procedure for the performance of duties on the position of municipal service. This local normative act is designed to help improve the efficiency of organizing the professional activities of municipal employees, strengthen discipline in the municipal service, and increase its effectiveness. In addition, the specified Order or other normative document local self-government bodies establish criteria for assessing the quality of performance of official duties by municipal employees replacing municipal service positions in these bodies. These criteria are usually used when the attestation commission checks the quality of the performance of official duties by a municipal employee.

In order to determine the compliance of a municipal employee with the position held by the municipal service, his certification is carried out. Certification of a municipal employee is carried out once every three years.

In accordance with Art. 18 Federal Law No. 25-FZ not subject to certification. the following civil servants:

• 1) replacing positions in the municipal service for less than one year;
• 2) who have reached the age of 60;
• 3) pregnant women;
• 4) who are on maternity leave or leave to care for a child until they reach the age of three years (certification of these municipal employees is possible no earlier than one year after leaving the leave);
• 5) replacing positions of the municipal service on the basis of a fixed-term employment contract (contract).

According to the results of certification of a municipal employee certifying commission makes a decision on whether the municipal employee corresponds to the occupied position of the municipal service or does not correspond. The attestation commission may make recommendations on encouraging individual municipal employees for the successes they have achieved in their work, including their promotion, and, if necessary, recommendations on improving the performance of certified municipal employees. The results of the attestation are communicated to the attested municipal employees immediately after the voting results have been summed up. Certification materials are transferred to the representative of the employer (employer).

Based on the results of the certification, the representative of the employer (employer) makes a decision to reward individual municipal employees for their success in work or within a period of not more than one month from the date of certification on demotion of the municipal employee with his consent. Based on the results of the attestation, the attestation commission may make recommendations on the direction of individual municipal employees for advanced training.

In case of disagreement of a municipal employee with a demotion or the impossibility of transferring, with his consent, to another position in the municipal service, the representative of the employer (employer) may, within a period of not more than one month from the date of attestation, dismiss him from the municipal service due to the inadequacy of the position to be replaced due to insufficient qualifications, confirmed by the results of certification. After the expiration of the specified period, the dismissal of a municipal employee or his demotion in position based on the results of this certification is not allowed.

A municipal employee has the right to appeal the results of certification in court.

Regulations on the certification of municipal employees approved by municipal legal act in accordance with model provision on the certification of municipal employees, approved by the law of the subject of the Russian Federation.

Article 13

1. A municipal employee is obliged:

1) comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, laws of the city of Moscow, other regulatory legal acts of the city of Moscow, the charter of the municipality and other municipal legal acts;

2) conscientiously perform official duties in accordance with the job description;

3) observe in the performance of official duties the rights, freedoms and legitimate interests of a person and citizen, regardless of race, nationality, language, attitude to religion and other circumstances, as well as the rights and legitimate interests of organizations;

4) to execute, within the limits of their official powers, orders and orders of superiors in the order of subordination of managers;

5) timely consider citizens' appeals and take decisions on them in accordance with federal law;

6) comply with the internal labor regulations established in the local self-government body, municipal body, job description, the procedure for working with official information and documents, and the norms of professional ethics;

7) maintain a level of qualification sufficient for the proper performance of their duties;

8) to keep state and other secrets protected by federal laws, as well as not to disclose information that has become known to him in connection with the performance of official duties, concerning the private life and health of citizens or affecting their honor and dignity;

9) protect the state and municipal property, including those provided to him for the performance of official duties;

10) submit, in accordance with the established procedure, information about himself and members of his family provided for by federal legislation;

11) inform the representative of the employer (employer) about the withdrawal from the citizenship of the Russian Federation on the day of withdrawal from the citizenship of the Russian Federation or about the acquisition of citizenship of a foreign state on the day of acquisition of citizenship of a foreign state;

12) comply with restrictions, fulfill obligations, not violate the prohibitions established by federal law;

13) notify in writing the representative of the employer (employer) of personal interest in the performance of official duties, which may lead to a conflict of interest, and take measures to prevent such a conflict;

14) take measures to prevent the occurrence of a conflict of interest;

15) notify the representative of the employer (employer), prosecution authorities or other government bodies defined federal laws, other regulatory legal acts of the Russian Federation, on all cases of appeal to a municipal employee by any persons in order to induce him to commit corruption offenses.

2. A municipal employee is not entitled to execute an illegal assignment given to him. Upon receipt of an instruction from the relevant manager, which, in the opinion of the municipal employee, is unlawful, the municipal employee must provide the manager who gave the instruction with a written justification for the illegality of this instruction, indicating the provisions of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts. acts of the city of Moscow, municipal legal acts that may be violated in the execution of this order. If the manager confirms this order in writing, the municipal employee is obliged to refuse to execute it. In the event of the execution of an illegal order, the municipal employee and the head who gave this order are liable in accordance with federal law.

3. The procedure for notifying the representative of the employer (employer) about the facts of applying to the municipal employee of any persons in order to induce him to commit corruption offenses, the list of information contained in the notifications, the organization of verification of this information and the procedure for registering notifications are determined by the representative of the employer (employer).

The rights of a municipal employee are determined by the current legislation of the Russian Federation, regulatory legal acts of local government and internal non-normative acts of the local government.

Based on this, all the rights of a municipal employee can be divided into two large groups: civil and official.

General civil rights arise from the legal relationship between the person who replaces the municipal position of the municipal service and the state, i.e. having Russian citizenship. Like any citizen of Russia, a municipal employee has the whole range of rights guaranteed by the Constitution of the Russian Federation and federal legislation. So, for example, municipal employees have the right to elect and be elected to local self-government bodies, to receive additional education, profess any religion, own any property, etc.

At the same time, the general civil rights of a municipal employee may be limited by his official status. This restriction is temporary. So, for example, a person after entering the municipal service is obliged to suspend his membership in a political party.

The official rights of a municipal employee directly follow from his professional status and position.

In accordance with Part 1 of Art. 11 of the Federal Law "On Municipal Service in the Russian Federation", a municipal employee has the right to:

• - familiarization with the documents establishing his rights and obligations for the occupied position of the municipal service, the criteria for assessing the quality of the performance of official duties and the conditions for promotion;
• - ensuring the organizational and technical conditions necessary for the performance of official duties;

wages and other benefits in accordance with labor law, legislation on municipal service and labor agreement (contract);

• - rest provided by the establishment of the normal duration of the working (service) time, the provision of days off and non-working public holidays, as well as annual paid leave;
• - obtaining, in accordance with the established procedure, information and materials necessary for the performance of official duties, as well as for making proposals on improving the activities of a local self-government body, an election commission of a municipality;
• - participation on their own initiative in the competition for filling a vacant position in the municipal service;
• - advanced training in accordance with the municipal legal act at the expense of the local budget;
• - protection of their personal data;
• - familiarization with all the materials of his personal file, with reviews of professional activities and other documents before entering them into his personal file, as well as attaching his written explanations to the personal file;
• -association, including the right to create trade unions to protect their rights, socio-economic and professional interests;
• -consideration of individual labor disputes in accordance with labor legislation, protection of their rights and legitimate interests in the municipal service, including appealing to the court of their violations;
• - pension provision in accordance with the legislation of the Russian Federation.

The new Federal Law, unlike its predecessor. no longer so strictly approaches the prohibition for a municipal employee to engage in other paid activities and even indicates that the employee has, as an exception, the right to engage in other paid activities in addition to the main service.

In accordance with Part 2 of Art. 11 of the Law, a municipal employee, with the exception of a municipal employee who replaces the position of the head of a local administration under a contract, has the right, with a preliminary written notice representative of the employer (employer) to perform other paid work, unless this entails a conflict of interest and unless otherwise provided by the Federal Law "On Municipal Service in the Russian Federation".

A conflict of interest in the law is understood as a situation in which the personal interest of a municipal employee affects or may affect the objective performance of his official duties and in which a conflict arises or may arise between the personal interest of a municipal employee and the legitimate interests of citizens, organizations, society. of the Russian Federation, a constituent entity of the Russian Federation, a municipality that can lead to harm to these legitimate interests of citizens, organizations, society, the Russian Federation, a constituent entity of the Russian Federation, a municipality.

The duties of a municipal employee are contained in federal legislation, laws of the subjects of the Russian Federation, municipal regulatory legal acts.

In particular, municipal employees are required to:

• 1. Comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the subjects of the Russian Federation, the charter of the municipality and other municipal legal acts and ensure their implementation;
• 2. Perform job duties in accordance with the job description;
• 3. Observe the rights and legitimate interests of citizens and organizations in the performance of official duties;
• 4. Comply with the internal labor regulations and job description established in the local self-government body, the apparatus of the election commission of the municipality. the procedure for working with official information;
• 5. Maintain the level of qualifications necessary for the proper performance of official duties;
• 6. Not to disclose information constituting state and other secrets protected by federal laws, as well as information that became known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
• 7. Protect state and municipal property, including those provided to him for the performance of official duties;
• 8. Submit, in accordance with the established procedure, the information provided for by the legislation of the Russian Federation about oneself and members of one's family, as well as information about the income received by him and the property owned by him, which are objects of taxation, about obligations of a property nature (hereinafter referred to as information about income, about property and property obligations);
• 9. Notify the representative of the employer (employer) about the withdrawal from the citizenship of the Russian Federation on the day of withdrawal from the citizenship of the Russian Federation or about the acquisition of citizenship of a foreign state on the day of acquisition of citizenship of a foreign state;
• 10. Comply with restrictions, fulfill obligations, not violate the prohibitions established by this Federal Law and other federal laws;
• 11. Inform the representative of the employer (employer) of personal interest in the performance of official duties, which may lead to a conflict of interest, and take measures to prevent such a conflict.

In addition, the Federal Law "On Municipal Service in the Russian Federation" specifically stipulates that a municipal employee is not obliged to fulfill an illegal assignment given to him.

Restrictions associated with the passage of municipal service are determined by federal legislation and the laws of the subjects, and can also be fixed in municipal regulatory legal acts. The nature of these restrictions, first of all, lies in the nature of the municipal service itself as a type of labor social activities(the object of its impact is a person, the population), carried out for financial reward in accordance with Art. 13 of the Federal Law “On Municipal Service in the Russian Federation”, a citizen cannot be accepted into the municipal service, and a municipal employee cannot be in the municipal service if:

• 1) recognition of him as incapable or partially incapacitated by a court decision that has entered into legal force;
• 2) his conviction to a punishment that excludes the possibility of performing official duties as a municipal service, according to a court verdict that has entered into legal force;
• 3) refusal to go through the procedure for issuing access to information constituting state and other secrets protected by federal laws, if the performance of official duties in the position of the municipal service for which the citizen is applying, or in the position of the municipal service being occupied by a municipal employee, is associated with the use of such information;
• 4) the presence of a disease that prevents admission to the municipal service or its passage and confirmed by the conclusion medical institution. The procedure for undergoing medical examination, the list of such diseases and the form of conclusion of a medical institution are established by the Government of the Russian Federation;
• 5) close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with a municipal employee, if the filling of a position in a municipal service is associated with direct subordination or control of one of them to another; municipal employee responsibility self-government
• 6) termination of citizenship of the Russian Federation, termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be in the municipal service, acquisition of citizenship of a foreign state or receipt by him of a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation. having the citizenship of a foreign state, has the right to be in the municipal service;
• 7) the presence of citizenship of a foreign state (foreign states), with the exception of cases when a municipal employee is a citizen of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be in the municipal service;
• 8) submission of forged documents or deliberately false information upon admission to the municipal service;
• 9) failure to provide information established by this Federal Law or submission of deliberately false information about income, property and obligations of a property nature.

The same article of the Law says that a citizen cannot be admitted to the municipal service after he reaches the age of 65 - the age limit established for filling a position in the municipal service.

Prohibitions related to the municipal service are enshrined in Art. 14 of the Federal Law "On Municipal Service in the Russian Federation".

Thus, a municipal employee is prohibited from:

• 1) be a member of the governing body commercial organization, unless otherwise provided by federal laws or if, in accordance with the procedure established by a municipal legal act in accordance with federal laws and laws of a constituent entity of the Russian Federation, he is not instructed to participate in the management of this organization;
• 2) to replace the position of the municipal service in the event of:
  • a) election or appointment to public office of the Russian Federation or to a public position of a subject of the Russian Federation, as well as in the case of appointment to a public service position;
  • b) election or appointment to a municipal position;
  • c) election to a paid elective position in the body of the trade union, including in the elected body of the primary trade union organization established by the local government. apparatus of the election commission of the municipality;
• 3) engage in entrepreneurial activities;
• 4) to be an attorney or a representative for third parties in a local self-government body, an election commission of a municipality, in which he replaces the position of a municipal service or which are directly subordinate or controlled by him, unless otherwise provided by federal laws and;
• 5) receive in connection with the official position or in connection with the performance of official duties remuneration from individuals and legal entities(gifts, cash rewards, loans, services, payment for entertainment, recreation, travel expenses and other rewards). Gifts received by a municipal employee in connection with protocol events, business trips and other official events are recognized as municipal property and transferred by a municipal employee under an act to the local government, the election commission of the municipality, in which he replaces the position of the municipal service, with the exception of cases established Civil Code RF;
• 6) go on business trips at the expense of individuals and legal entities, with the exception of business trips carried out on a reciprocal basis by agreement of a local government body, an election commission of a municipality with local governments, election commissions of other municipalities, as well as with bodies state power and local governments of foreign states, international and foreign non-profit organizations;
• 7) use for purposes not related to the performance of official duties, means of material, technical, financial and other support, other municipal property;
• 8) disclose or use for purposes not related to the municipal service, information classified in accordance with federal laws as confidential information, or proprietary information that became known to him in connection with the performance of official duties;
• 9) allow public statements, judgments and assessments, including in the media mass media, in relation to the activities of a local self-government body, an election commission of a municipal formation and their leaders, if this is not part of his official duties;
• 10) accept, without the written permission of the head of the municipality, awards, honorary and special titles (with the exception of scientific ones) of foreign states, international organizations;
• 11) use the advantages of their official position for pre-election campaigning, as well as for campaigning on referendum issues;
• 12) use your official position in the interests of political parties, religious and other public associations, as well as publicly express their attitude towards these associations as a municipal employee;
• 13) create structures of political parties, religious and other public associations (with the exception of trade unions, as well as veterans and other bodies of public amateur performance) or contribute to the creation of these structures;
• 14) terminate the performance of official duties in order to settle a labor dispute;
• 15) be a member of the governing bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their operating on the territory of the Russian Federation; structural divisions, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
• 16) be engaged without the written permission of the representative of the employer (employer) in paid activities financed exclusively at the expense of funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

In addition, a citizen after dismissal from the municipal service is not entitled to disclose or use in the interests of organizations or individuals information of a confidential nature or official information that became known to him in connection with the performance of official duties.