Restrictions and prohibitions related to municipal service: legislative framework, working conditions and responsibility of employees

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:54

During the reign of the USSR, the concept of "municipal power" did not exist. At the local level, there were civil servants working in local authorities. In the mid-90s of the last century, the formation of a system of local self-government began. It was during this period that the concept of "municipal power" and "municipal employees" appeared, and regulations were issued that fix the functions, rights and obligations of the latter.

General characteristics

Today, Law No. 25-FZ defines general concepts, restrictions and prohibitions related to municipal service. And the general principles and regulations of local authorities are determined by Law No. 131-FZ. In addition to these legal acts, the activities of local government employees are regulated by charters, regulations, job descriptions, which are adopted at the local government level.

In general, inIn Russian legislation, the term "municipal service" implies professional management activities that are associated with administrative, executive, analytical and administrative functions. Employees of local authorities are not part of the civil service and are not actually a structural part of them, for this reason their activities are regulated by separate legislative acts.

Work in local authorities is carried out on a permanent basis, on the basis of a contract or an employment contract. The employer is the municipality itself, represented by the chairman of the election commission, the head of the structure, the authorized representative.

Restrictions

Article 13 of the Federal Law-25 defines clear restrictions that do not allow citizens of the country to hold positions in local authorities. The normative act identifies 4 main categories of restrictions related to the municipal service, which in no way run counter to the requirements of the Constitution. In particular, Article 55 of the fundamental law of the country determines that the freedoms and rights of a citizen of the country may be limited by federal laws, but only to the extent that will protect the constitutional order of the country, ensure the security of the state, he alth, rights and freedoms of other citizens.

Conditionally, all restrictions can be divided into two categories:

• for persons wishing to enter the service;
• for people who already work in local government.

He alth condition,age

Restrictions related to the municipal service clearly stipulate that only a person who is fully capable and legally capable can enter the service. In the event that an employee becomes incapacitated, he is subject to dismissal. They will also not be hired or fired if, for medical reasons, a citizen is not able to perform the functional duties assigned to him. The list of diseases is prescribed in the Order of the Ministry of He alth and Social Development No. 984Н.

The restriction on the employment of persons with an outstanding or unexpunged criminal record falls into the same category.

At the age of 65, a municipal employee is subject to dismissal, as well as will not be hired at that age. Only a one-time extension of the contract is allowed, and then only for 1 year.

Citizenship and military duty

Another restriction related to state and municipal service is the termination of Russian citizenship or the possession of citizenship of another country. However, if the terms of an international agreement provide for the possibility of certain persons who do not have Russian citizenship to work in local authorities, then such persons are subject to employment.

Persons who deviate from military service without valid reasons are not subject to recruitment.

Family circumstances

It is not allowed to work in one municipal institution of persons who are closely related and directly subordinate.

In short, the restrictions associatedwith the municipal service in this part, imply the impossibility of simultaneous work of parents and children, brothers and sisters, spouses and children of spouses. The main condition for the restriction is direct control or subordination to each other.

Other cases

Citizens who have been convicted and the court decision has entered into force are not allowed to work in local authorities.

Other restrictions and prohibitions related to municipal service:

• submission of false documents and information regarding obligations, property, income and other information about yourself is not allowed;
• an obstacle to work may be a person's refusal to go through the procedure for obtaining access to information that contains state secrets.

However, every citizen who was denied employment by local authorities retained the right to apply to a higher state body or court for the protection of their legal rights.

Prohibitions

All prohibitions related to the municipal service are indicated in article 14 of the Federal Law-25. These are actually actions that a local authority employee is not en titled to perform. If the prohibition is violated, then the guilty person faces liability, provided for by a number of regulatory documents of the country. A number of restrictions are provided for the period when the employee is already exempt from work in the municipality.

The main aims of bans are to prevent abuse of power and ensure efficiencyactivities of local authorities. Each employee must be a guarantor of compliance with the current legislation of the country.

Political activities

In a nutshell, the bans related to municipal service in relation to political activities are as follows:

• not allowed to campaign;
• it is impossible to create political or religious organizations, public associations in local authorities;
• It is not allowed to be in the municipal service if the person has entered a state or elective office.

On the other hand, it is not forbidden for employees of local authorities to be nominated as a candidate, register as a candidate and vote at their discretion. However, such persons may not use their position to promote their candidacy or a particular party. It is not allowed to collect signatures and funds among your colleagues.

Other activities

Under the categorical ban associated with the municipal service, there is any entrepreneurial activity. An employee is not even en titled to conduct business management activities, all the more so he is not en titled to receive remuneration for his work, loans, reimbursement of any costs and other rewards. This ban applies to any economic entities, both Russian and foreign. If an employee has a share in any enterprise, then for the period of service in the authorities he is obliged to transfer it to a trustcontrol.

If a gift is received as part of a protocol or other official event, then it is subject to transfer to the ownership of the local government. However, an employee of the authorities has the right to receive a scientific award without the consent of the higher management. Naturally, souvenirs and other small gifts that are given as part of the generally accepted rules of courtesy are not subject to transfer to the authorities.

Prohibition also means that the official may not create conditions under which the person concerned will be forced to provide a gift or provide a certain service. Such transactions are qualified as void and entail administrative and criminal liability.

Employees are not allowed to go on business trips at someone else's expense. The only exceptions are cases where there is an agreement between the local authorities and a certain organization.

Prohibitions related to the municipal service do not apply to the activities of managing non-profit organizations. These can be consumer cooperatives, religious or charitable foundations. The main thing is that there is no conflict of interest.

The next ban associated with the passage of municipal service is the pursuit of scientific, creative and teaching activities, which are funded by foreign organizations. You can’t even give lectures, conduct research and take part in conferences, seminars if such events are paid for by foreign grants.

It should also be remembered that after leaving the service, for 2years, the former employee must notify his former employer of further employment.

Combination

Despite the rather wide list of restrictions and prohibitions associated with the municipal service, such officials can still combine their main activities with others. The exceptions are cases when it comes to replacing the position of the head of the local administration under a contract. The main thing when applying for employment is to take into account the provisions of Article 14 of Law No. 25-FZ, non-compliance with the requirements of which entails dismissal.

Despite the fact that part-time work should be performed in free time from the main activity, it is still quite possible to combine two positions within one local authority. According to the requirements of the Labor Code, an additional payment is due for part-time work.

If the position for which the combination is planned is not included in the list of professions of municipal organizations, then the employer must be notified of employment. The main thing is that such work does not entail a conflict of interest. In this case, the phrase "conflict of interest" means that the performance of part-time work can objectively affect the performance of duties at the main place of work.

Official position

Restrictions and prohibitions associated with the municipal service, clearly indicate that the employee does not have the right to use the material and technical base, the property of the executive branch for personal purposes. Even office equipment falls into this category,communication equipment and other property.

Disclosure of information that became known to the employee in the course of performing labor functions in government bodies is not allowed. This applies to confidential, proprietary information. Prohibitions related to the municipal service include: public statements and judgments regarding the activities of authorities, management and employees.

Behavior of an employee in ordinary life

It is not allowed for a municipal employee to be a representative or attorney in the local government in cases involving third parties.

Established a prohibition related to the municipal service to terminate activities to resolve a labor dispute. Of course, this prohibition is not absolute. Nevertheless, the main law of the country states that any citizen has the right to refuse to work if it threatens his life or he alth.

Employees of local authorities are not en titled to accept special titles, awards from international funds, other states, religious associations, if the employee cooperates with these organizations in accordance with official duties. There is only one exception to this rule - obtaining a scientific title or degree.

Responsibility

All the prohibitions related to the municipal service specified in the Federal Law-25 are grounds for liability in case of their violation.

Civil liability is provided for by Article 575 of the Civil Code. It displays the requirements for the donation process, namely -non-acceptance of gifts, the value of which exceeds 3 thousand rubles. Naturally, if we are talking about the direct performance of official duties.

Administrative responsibility is provided for by the Code of Administrative Offenses (Article 19.29). In particular, officials of local authorities will be fined for cooperation with commercial organizations in the amount of 20,000 to 50,000 rubles. Liability is also provided for citizens, the fine in this case will be from 2 to 4 thousand rubles, and for legal entities. Enterprises can be fined from 100 to 500 thousand rubles.

Disciplinary liability is provided for by Law No. 273-FZ and 25-FZ. In particular, the municipal employee is obliged to notify the higher management of his property status and expenses. An employee is also obliged, when drawing up a declaration, to indicate the property status of his family members: spouses and minor children. Failure to comply with this requirement or providing false information may result in dismissal.

Criminal liability is provided for in article 290 of the Criminal Code for a bribe. For a crime, a fine is provided, the amount of which is much larger than the amount of the bribe. In parallel with the payment of a fine, an official may be deprived of the right to hold certain positions or even be deprived of liberty for a period of 3 to 7 years.

Article 291.1 of the Criminal Code provides for an independent crime - bribery or a promise to perform certain actions. However, if a promise is not followed by action, then it does not implypunishment.

In cases where a local government official is persuaded to engage in corrupt practices, he is obliged to notify the top management, the prosecutor's office or other state regulatory bodies about this. Failure to comply with this requirement will result in dismissal or prosecution. The employee is obliged to notify his management in writing of the fact that has occurred, on the basis of which an internal audit will be carried out.