How long does it take to consider an official dispute? The procedure for considering individual service disputes in the state civil and municipal service

Conflicts may arise during the state civil service. Among them, the most significant is conflict of interest.

Conflicts between the parties to official legal relations, which are the representative of the employer and the civil servant, can arise for a variety of reasons, grounds and at any stage of the existence of the public service legal relationship. At the same time, “conflict” cannot always be considered a synonym legal term"official dispute" A conflict of interest, while not in itself an official dispute, may give rise to an official dispute of a claimable nature. IN in this case an official dispute will be a unique stage in resolving a conflict of interest. As for directly official disputes, then, by analogy with labor disputes, they can be divided into two groups: individual and collective service disputes.

The concept of "conflict of interest" is a component corporate governance. Many organizations, including Russian ones, when establishing a model of internal corporate behavior, include a description of possible conflicts of interest and ways to prevent them. Most often, when familiarizing employees of organizations with the norms of corporate conduct, potential conflicts of interest are indicated: disclosure confidential information interested organizations; using the opportunities provided by the organization to the detriment of the organization itself in order to implement own interests; accepting gifts and loans from clients (citizens), which provokes certain obligations that are contrary to interests government organization; communication with organizations to obtain direct or indirect benefits for oneself or loved ones, etc.

The concept of a conflict of interest in government has a slightly different meaning. civil service(See: diagram 4.4.1). The law provides special order resolving conflicts of interest in the state civil service (See: diagram 4.4.2.).

To comply with the requirements for official behavior civil servants and the resolution of conflicts of interest in a government agency, federal government agency public service and the state body of the subject Russian Federation for the management of the civil service, commissions are formed to comply with the requirements for the official conduct of civil servants and resolve conflicts of interest. Created in Moscow City Commission on compliance with the requirements for official conduct of state civil servants and the resolution of conflicts of interest. The operating procedure of this commission was approved by the Moscow Government Decree No. 747-PP dated August 28, 2007 “On the creation of the City Commission for compliance with the requirements for official conduct of state civil servants and the resolution of conflicts of interest.”

The composition of commissions for resolving conflicts of interest is formed in such a way as to exclude the possibility of conflicts of interest that could affect the decisions made by the commissions (See: diagram 4.4.3.).

The definition of an individual service dispute is given in Art. 69 of the Federal Law “On the State Civil Service of the Russian Federation” and, accordingly, in Article 58 of the Law of the City of Moscow No. 3 “On the State Civil Service of the City of Moscow”. This definition in its semantic content it almost completely coincides with the definition of an individual labor dispute given in Art. 381 of the Labor Code of the Russian Federation. The only difference is that the definitions given in Art. 69 of the Federal Law “On the State Civil Service of the Russian Federation” and Art. 58 of Moscow City Law No. 3 “On the State Civil Service of the City of Moscow” do not contain any indication that individual service disputes may arise regarding the establishment or change individual conditions labor, which indicates the intention to exclude the application of this norm in relation to civil servants. Thus, individual service disputes can only be of an action nature, i.e. arise only regarding working conditions, established by laws and other regulatory legal acts and individual contracts.

To individual office disputes These include unresolved independent disagreements that were reported to the body for the consideration of individual service disputes. Thus, a legally individual work dispute arises only from the moment of appeal interested person to the relevant authority. According to Art. 59 of the Moscow City Law of January 26, 2005 No. 3 “On the State Civil Service of the City of Moscow”, individual service disputes are considered by the commission of the state body for service disputes and by the court (See: diagram 4.4.4).

The parties to an individual service dispute, as a rule, are a representative of the employer and a civil servant, however, a service dispute in some cases may arise among persons service relations which have not yet arisen or have already ceased. In particular, a dispute about the refusal of admission to the state civil service is considered official. The law establishes the right of a person who is denied admission to participate in a competition for replacement vacant position civil service, appeal this decision. In addition, an applicant for a civil service position has the right to appeal the decision competition commission. At the same time, in accordance with the Law, disputes regarding dismissal from the civil service are considered official.

Unlike individual service disputes, the legislation on the state civil service does not regulate the resolution of collective service disputes. Thus, when resolving collective labor disputes arising in the state civil service, it is necessary to be guided by the norms of the Labor Code of the Russian Federation insofar as they do not contradict special standards about the civil service. It should be remembered that all civil servants are subject to a ban on strike as a way to resolve a collective labor dispute.

By general rule a person who believes that his rights have been violated may appeal to the commission for official disputes or to court. At the same time Labor Code The Russian Federation and the Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 establish a number of exceptions to this rule.

The commission for official disputes in a state organization is formed by the decision of the representative of the employer on a parity basis from equal number representatives trade union organization given government agency and representatives of the employer.

The courts consider service disputes based on written applications from a civil servant or a citizen entering the civil service or previously serving in the civil service, a representative of the employer or a representative of an elected official. trade union body of this government body, if at least one of them does not agree with the decision of the commission on official disputes, or if a civil servant or representative of the employer goes to court without contacting the commission on official disputes, as well as at the request of the prosecutor, if the decision of the commission on official disputes is not complies with federal laws or other regulations legal acts RF. In addition, the law establishes a list of official disputes that can only be considered by the court (See: diagram 4.4.5).

In cases of dismissal from the civil service position being filled and dismissal from the civil service on grounds not provided by law, or in violation established order dismissal from the civil service, or in the case of illegal transfer to another position, the court has the right to written statement civil servant to make a decision on compensation in in monetary terms caused to him moral damage. The procedure for considering cases of official disputes in the courts is determined by the civil law. procedural legislation.

4.4.1. Conflict of interest and personal interest

4.4.2. The procedure for preventing and resolving conflicts of interest in government and municipal service

4.4.3. Composition of the commission of the state body for resolving conflicts of interest

4.4.4. Bodies for consideration of individual service disputes

4.4.5. List of individual service disputes considered by the court

Article 70. Bodies for consideration of individual service disputes

1) by the commission of a state body on official disputes;

2. The procedure for considering official disputes in the bodies for considering official disputes is regulated by this Federal law and other federal laws, and the procedure for considering cases of official disputes in the courts is also determined by the civil procedural legislation of the Russian Federation.

3. The commission of a state body on service disputes (hereinafter referred to as the commission on service disputes) is formed by a decision of a representative of the employer from an equal number of representatives of the elected trade union body of this state body and a representative of the employer.

4. Representatives of the elected trade union body of a given state body are elected to the commission on service disputes at a conference of civil servants of the state body. Representatives of the employer's representative are appointed to the commission on service disputes by the employer's representative.

5. The commission on official disputes has its own seal. Organizational and technical support The activities of the commission on official disputes are carried out by a state body.

6. The commission on official disputes elects a chairman and secretary of the commission from among its members.

7. An official dispute is considered by the commission on official disputes if the civil servant, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer’s representative.

1) o unlawful refusal in entering the civil service;

2) based on written statements from civil servants who believe that they have been discriminated against.

16. In cases of release from a replaced position in the civil service and dismissal from the civil service on grounds not provided for by this Federal Law, or in violation of the established procedure for release from a replaced position in the civil service and dismissal from the civil service, or in the case of illegal transfer to another position in the civil service The court has the right, upon a written application from a civil servant, to make a decision on monetary compensation for moral damage caused to him. The amount of compensation is determined by the court.

17. Time limits for applying to court for consideration of an official dispute and the procedure for releasing civil servants from legal expenses, the procedure for making decisions on service disputes related to dismissal from a replaced position in the civil service and dismissal from the civil service, transfer to another position in the civil service without the consent of the civil servant, the procedure for satisfaction monetary claims civil servants, execution of decisions on reinstatement in a previously filled position in the civil service and restrictions on the reverse recovery of amounts paid by decision of bodies for the consideration of service disputes are established by federal law.

Individual service dispute - unresolved differences between the employer’s representative and a civil servant or a citizen entering the civil service or previously in the civil service, disagreements on the application of laws, other normative legal acts on the civil service and service contract, which were reported to the body for the consideration of individual service disputes.

Article 70. Bodies for consideration of individual service disputes

1) by the commission of a state body on official disputes;

3. The commission of a state body on service disputes (hereinafter referred to as the commission on service disputes) is formed by a decision of a representative of the employer from an equal number of representatives of the elected trade union body of this state body and a representative of the employer.

4. Representatives of the elected trade union body of a given state body are elected to the commission on service disputes at a conference of civil servants of the state body. Representatives of the employer's representative are appointed to the commission on service disputes by the employer's representative.

7. An official dispute is considered by the commission on official disputes if the civil servant, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer’s representative.

8. A civil servant or a citizen entering the civil service or previously serving in the civil service may apply to the commission on official disputes in three month period from the day when he learned or should have learned about the violation of his right.

9. In case of missing good reasons deadline set part 8 of this article, the commission on official disputes may restore this period and consider the official dispute on its merits. A written application received by the commission on official disputes of a civil servant or a citizen entering the civil service or previously serving in the civil service is subject to mandatory registration by the specified commission on the day of its submission.

10. The commission on official disputes is obliged to consider an official dispute within ten calendar days from the date of submission of the written application.

11. The procedure for considering an official dispute by the commission on official disputes, as well as the procedure for making a decision by the commission on official disputes and its execution is regulated by federal law.

12. The decision of the commission on official disputes may be appealed by any of the parties to the court within ten days from the date of delivery of a copy of the commission’s decision. In case of absence for valid reasons deadline the court may restore this period and consider the official dispute on its merits.

13. The courts consider service disputes based on written statements from a civil servant, a representative of the employer or a representative of the elected trade union body of a given state body, if at least one of them does not agree with the decision of the commission on service disputes or if the civil servant or representative of the employer goes to court without appeal to the commission on official disputes, as well as at the request of the prosecutor, if the decision of the commission on official disputes does not comply with the regulations

14. Official disputes based on written statements are considered directly in the courts:

1) civilian on reinstatement in a previously filled civil service position, regardless of the grounds for termination or termination of the service contract, release from the replaced civil service position, dismissal from the civil service, on changing the date of release from the replaced civil service position and the wording of the reason for the said release, on transfer to other civil service position without the consent of the civil servant, about payment for time forced absenteeism or about payment of the difference in monetary content during execution job responsibilities for a lower-paid civil service position;

2) a representative of the employer - on compensation for civil servants for damage caused government agency, unless otherwise provided by federal laws.

15. Official disputes are also considered directly in the courts:

1) about unlawful refusal to enter the civil service;

2) based on written statements from civil servants who believe that they have been discriminated against.

16. In cases of dismissal from a position in the civil service and dismissal from the civil service on grounds not provided for by this Federal Law, or in violation of the established procedure for the release of a civil servant, make a decision on compensation in monetary terms for the damage caused to him moral damage. The amount of compensation is determined by the court.

1) by the commission of a state body on official disputes;

2. The procedure for consideration of service disputes in the bodies for consideration of service disputes is regulated by this Federal Law and other federal laws, and the procedure for consideration of cases on service disputes in the courts is also determined by the civil procedural legislation of the Russian Federation.

3. The commission of a state body on service disputes (hereinafter referred to as the commission on service disputes) is formed by a decision of a representative of the employer from an equal number of representatives of the elected trade union body of this state body and a representative of the employer.

4. Representatives of the elected trade union body of a given state body are elected to the commission on service disputes at a conference of civil servants of the state body. Representatives of the employer's representative are appointed to the commission on service disputes by the employer's representative.

5. The commission on official disputes has its own seal. Organizational and technical support for the activities of the commission on official disputes is carried out by a state body.

6. The commission on official disputes elects a chairman and secretary of the commission from among its members.

7. An official dispute is considered by the commission on official disputes if the civil servant, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer’s representative.

8. A civil servant or a citizen entering the civil service or previously serving in the civil service may apply to the commission on service disputes within three months from the day he learned or should have learned of a violation of his right.

9. In case of missing the deadline for good reasons part 8 of this article, the commission on official disputes may restore this period and consider the official dispute on the merits. A written application received by the commission on official disputes of a civil servant or a citizen entering the civil service or previously serving in the civil service is subject to mandatory registration by the said commission on the day of its submission.

10. The commission on official disputes is obliged to consider the official dispute within ten calendar days from the date of filing a written application.

11. The procedure for considering an official dispute by the commission on official disputes, as well as the procedure for making a decision by the commission on official disputes and its execution is regulated by federal law.

12. The decision of the commission on official disputes may be appealed by any of the parties to the court within ten days from the date of delivery of a copy of the commission’s decision. If the established deadline is missed for valid reasons, the court may restore this deadline and consider the official dispute on its merits.

13. The courts consider service disputes based on written statements from a civil servant or a citizen entering the civil service or previously serving in the civil service, a representative of an employer or a representative of an elected trade union body of a given state body, if at least one of them does not agree with the decision of the service commission disputes or if a civil servant or a representative of the employer goes to court without applying to the commission on service disputes, as well as at the request of the prosecutor, if the decision of the commission on service disputes does not comply with federal laws or other regulatory legal acts of the Russian Federation.

14. Official disputes based on written statements are considered directly in the courts:

1) a civil servant or a citizen who was previously in the civil service - on reinstatement in a previously filled position in the civil service, regardless of the grounds for termination or termination of the service contract, release from the position being replaced in the civil service, dismissal from the civil service, on changing the date of release from the position being replaced civil service and the formulation of the reason for the said release, about transfer to another position in the civil service without the consent of the civil servant, about payment for the period of forced absence or about payment of the difference in salary during the performance of official duties for a lower-paid position in the civil service;

2) a representative of the employer - on compensation by a civil servant for damage caused to a state body, unless otherwise provided by federal laws.

15. Official disputes are also considered directly in the courts:

1) about unlawful refusal to enter the civil service;

2) based on written statements from civil servants who believe that they have been discriminated against.

16. In cases of release from a replaced position in the civil service and dismissal from the civil service on grounds not provided for by this Federal Law, or in violation of the established procedure for release from a replaced position in the civil service and dismissal from the civil service, or in the case of illegal transfer to another position in the civil service The court has the right, upon a written application from a civil servant, to make a decision on monetary compensation for moral damage caused to him. The amount of compensation is determined by the court.

17. The timing of applying to the court for consideration of an official dispute and the procedure for exempting civil servants from legal costs, the procedure for making decisions on official disputes related to dismissal from a civil service position and dismissal from the civil service, transfer to another civil service position without the consent of the civil servant , the procedure for satisfying monetary claims of civil servants, executing decisions on reinstatement in a previously filled position in the civil service and limiting the repayment of amounts paid by decision of bodies for the consideration of service disputes are established by federal law.