Civil Service Law. Federal Law on the State Civil Service FZ No. 79 on the State Civil Service

To date, the federal law on civil service 79-FZ, the latest edition, includes seventeen chapters and 74 articles. This Federal Law was intended to regulate relations that are directly related to the civil service. Passage and termination of civil service and the position of employees are established in accordance with this law.

Federal Law on State Civil Service

The text of this Federal Law, traditionally for Russian laws, begins with general provisions. Further, civil service positions, their classification, registers, class ranks and qualification requirements are determined. The legal status of these employees is also determined.

The normative act establishes the procedure in accordance with which a person can fill a position. Special attention is paid to the service contract. The Federal Law states that certification of employees and a qualification exam are regularly conducted. For years of service, these persons are provided with an additional salary. Moreover, the allowance begins to accumulate after the first year of work. And in 15 years it will reach 30 percent of the salary at all. And if the conditions are recognized as special, then the allowance can be 200% of the salary.

The following concepts are also defined in the text:

• guarantees;
• encouragement / awards;
• discipline;
• staffing;
• funding and oversight;
• consideration of disputes.

All approved provisions create a whole system of public civil service, which operates throughout the territory of the Russian Federation - in the city of Moscow, in the Krasnoyarsk Territory, the Republic of Bashkortostan and other regions.

Basic provisions of 79 Federal Law on the state civil civil service

The first articles published the basics of this federal law on civil service in the Russian Federation. It all starts with the definition of basic concepts. For example, public positions are those positions that are adopted by Russian legislative acts in order to fulfill the duties of state bodies. The second article singles out a specific subject of regulation. They chose relationships that are directly related to the state civil service. The legal status of employees and admission to the civil service - all this is also the subject of this Federal Law.

The civil service system is divided into two areas - federal and regional (in individual republics, territories, cities). Also, this federal law approved a list of the main principles of civil service, among which are stability, availability of information, interaction with citizens, as well as the professionalism of employees.

The fifth article has formed a whole list of legislative acts that can regulate such relations. These are decrees of the President, and normative acts of the republics, and, of course, the Constitution.
The Federal Law also draws parallels between civil and municipal service. It is said that they are interconnected due to the unity of qualification requirements, accounting for length of service, unity of restrictions, as well as the correlation of essential conditions for wages and social guarantees.

When was the federal law on the state civil service adopted?

Since the beginning of 2003, the initiators of this federal law have been working on the foundations of its draft. The first edition was adopted by the State Duma on July 7, 2004. Literally a week later, his text was approved by the Federation Council. Article 71 states that this Federal Law on civil service entered into force exactly six months after its publication.

Every year, new federal laws enter into force, which, by their provisions, amend this Federal Law on civil service.

Initially, Law No. 79-FZ (), adopted by deputies of the State Duma in 2014, was developed as a kind of basis for creating a qualitatively different level of functioning of the civil service in the Russian Federation. Among other things, then it was about the need for openness of data, the availability of receipts, the prevention of corruption, the creation of a system of social guarantees for civil servants, etc.

Since the adoption of the above law, changes have been made to it 31 times. So, over the past year alone, Russian parliamentarians have made four amendments to it, the last of which came into force at the beginning of 2016. For example, the changes adopted in June 2015 concerned mainly the procedure for attestation of civil servants, in October 2015 - the procedure for the ownership of shares by civil servants and the clarification of the concept of "conflict of interest", and in December - the procedure for calculating the length of civil service, granting holidays and abolishing concept of law enforcement.

Law No. 79-FZ on civil service as amended in 2016.

The changes made, adopted by parliamentarians on December 29, first of all, affected the procedure for calculating the length of service in the civil service and the abolition of the concept of "law enforcement service". So, if the previous version of Art. 54 of the law contained an exhaustive list of periods of filling positions included in the total length of service, then according to the new edition of Part 2 of Art. 54 The right to expand this list was granted to the President of the Russian Federation. In addition, according to paragraph 5 of part 1 of Art. 54 The list of positions established by law, the filling of which entitles them to be included in the general experience, can be expanded by adopting other federal laws.

In addition, it was Law No. 395-FZ that removed the concept of “law enforcement service” from the legislative act on public service, which was replaced by the definition of “federal public service”. Corresponding changes were made to Art. 11, 54 of Law No. 79-FZ. Thus, in connection with the abolition of the above concept, employees of the justice and prosecutor's offices will be assigned class ranks.

Leave arrangements.

It is noteworthy that the very next day after the adoption of Law No. 395-FZ, parliamentarians voted, which also introduced some changes to the current legislation on civil service. So, according to the updated version of Part 6 of Art. 46 of Law No. 79-FZ, additional holidays are now provided not for irregular working days, but for official days.

Along with this, according to paragraph 9.1, which appeared in the law, the minimum annual paid leave cannot be less than 28 days, while at least one part of it must be inseparable two weeks. At the same time, according to clause 9.2, in exceptional cases, part of the unused vacation of a civil servant over the 28 days established by law can be transferred with his consent to the next year, or replaced by monetary compensation (clause 9.3).

Summarizing the above, we can conclude that the key changes in the legislation on the civil service were the abolition of the concept of "law enforcement service", the assignment of class ranks, the expansion of the list of periods of holding positions that give the right to include them in the general experience, as well as the revision of the procedure for granting annual paid holidays. All other provisions of the law remained unchanged.

1. Payment for the work of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional service activities in a civil service position to be replaced.

2. The financial allowance of a civil servant consists of a monthly salary of a civil servant in accordance with the position of the civil service he occupies (hereinafter referred to as the official salary) and a monthly salary of a civil servant in accordance with the class rank of the civil service assigned to him (hereinafter referred to as the salary for the class rank), which make up the monthly salary of a civil servant (hereinafter referred to as the salary), as well as from monthly and other additional payments (hereinafter referred to as additional payments).

3. The size of official salaries and salaries for the class rank of federal state civil servants are established by decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation. For certain positions in the civil service, a decree of the President of the Russian Federation may establish a monetary allowance in the form of a single monetary remuneration, which takes into account the official salary, salary for class rank and monthly bonuses to the official salary for length of service in the civil service, for special conditions of civil service, for work with information constituting a state secret, but bonuses and monthly monetary incentives are not taken into account.

4. The size of official salaries and salaries for the class rank of state civil servants of the subject of the Russian Federation are established in accordance with the regulatory legal act of the subject of the Russian Federation.

5. Additional payments include:

1) monthly bonus to the official salary for length of service in the civil service in the amount of:

2) a monthly bonus to the official salary for special conditions of civil service in the amount of up to 200 percent of this salary;

3) a monthly percentage bonus to the official salary for work with information constituting a state secret, in the amount and in the manner determined by the legislation of the Russian Federation;

4) bonuses for the performance of particularly important and complex tasks, the procedure for payment of which is determined by the representative of the employer, taking into account the provision of tasks and functions of the state body, the execution of official regulations (the maximum amount is not limited);

5) monthly monetary incentive;

6) a one-time payment in the provision of annual paid leave and material assistance, paid at the expense of the wage fund for civil servants.

6. The amounts of monthly monetary incentives paid to federal civil servants are established differentially for federal state bodies by decrees of the President of the Russian Federation.

7. The procedure for paying a monthly allowance for special conditions of the civil service is determined by the representative of the employer.

8. The procedure for the payment of material assistance at the expense of the wage fund for civil servants is determined by the relevant provision, approved by the representative of the employer.

9. In cases established by the legislation of the Russian Federation, a regional coefficient (coefficient) is established for the monetary maintenance of a civil servant.

10. Other payments are made to civil servants, provided for by the relevant federal laws and other regulatory legal acts.

11. The amount of salaries for positions in the federal civil service is increased (indexed) annually in accordance with the federal law on the federal budget for the corresponding year, taking into account the level of inflation (consumer prices). The decision to increase (indexation) the amount of salaries for positions in the federal civil service is taken by the President of the Russian Federation on the proposal of the Government of the Russian Federation.

12. The amount of salaries for civil service positions of a constituent entity of the Russian Federation is increased (indexed) annually in accordance with the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation for the corresponding year, taking into account the level of inflation (consumer prices). The increase (indexation) of the salaries of the monetary content for civil service positions of the constituent entity of the Russian Federation is carried out in accordance with the legislation of the constituent entity of the Russian Federation.

13. Federal civil servants who fill positions in the civil service in a state body located outside the territory of the Russian Federation are paid salaries in foreign currency and in rubles in the manner and in the amount established by the President of the Russian Federation and the Government of the Russian Federation.

14. For certain positions of the civil service, a special procedure for remuneration of civil servants may be established, in which remuneration is made depending on the indicators of efficiency and effectiveness of professional performance, determined in a fixed-term service contract. For civil servants, whose remuneration is made in the specified special order, the terms of remuneration established by other parts of this article are not applied. Generalized indicators of the efficiency and effectiveness of the activities of state bodies, the adoption and implementation of managerial and other decisions, as well as legal, organizational and documentary support for the implementation of these decisions, common to state bodies and civil servants, are approved by the President of the Russian Federation and the Government of the Russian Federation, respectively.

15. The list of civil service positions for which a special procedure for remuneration of labor can be established, as well as the procedure for establishing the remuneration of civil servants, provided for in paragraph 14 of this article, are approved accordingly by a decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation.

16. The remuneration of labor provided for by part 14 of this article is made within the limits of the established payroll fund for civil servants.

17. Specific indicators of the efficiency and effectiveness of the activities of the state body, the adoption and execution of managerial and other decisions, as well as the legal, organizational and documentary support for the implementation of these decisions, are approved by a legal act of the state body in accordance with the specifics of its tasks and functions.

Judicial practice under article 50 of the Federal Law of July 27, 2004 No. 79-FZ

Decision No. 2-2033/2018 2-2033/2018~M-1503/2018 M-1503/2018 dated November 29, 2018 in case No. 2-2033/2018

Kuibyshevsky district court of Irkutsk (Irkutsk region) - Civil and administrative

The position and with a service contract and receives a monetary content at the expense of the federal budget or the budget of a constituent entity of the Russian Federation. In accordance with paragraph 2 of Article 50 of Federal Law N 79-FZ, the monetary content of a state civil servant consists of a monthly salary in accordance with the civil service position he fills (hereinafter referred to as the official salary) and a monthly ...

Decision No. 2-4094/2018 2-4094/2018~M-3778/2018 M-3778/2018 dated November 29, 2018 in case No. 2-4094/2018

Servicemen and persons equated to them, official salaries of judges, payments, allowances and compensations and invalidation of the Federal Law "On the Suspension of Part 11 of Article 50 of the Federal Law "On the State Civil Service of the Russian Federation" in connection with the Federal Law "On the Federal Budget for 2015 and for the planning period of 2016 and 2017", ...

Decision No. 2-536/2018 2-536/2018~M-583/2018 M-583/2018 dated November 20, 2018 in case No. 2-536/2018

Termination of the service contract on the grounds provided for in paragraphs 8.1-8.3 of part 1 of this article, the civil servant is paid compensation in the amount of four months' salary. Article 50 of the Federal Law "On the State Civil Service in the Russian Federation" establishes that the remuneration of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional ...

Decision No. 2-317/2018 2-317/2018~M-308/2018 M-308/2018 dated November 19, 2018 in case No. 2-317/2018

...foreclosures. She pointed out that financial incentives from the budgetary allocations of the federal budget in excess of the established payroll refer to other additional payments provided for in Part 10 of Art. 50 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation", which is part of the payroll of federal civil servants. Financial incentive payments are...

• Decision No. 2-510/2018 2-510/2018~M-553/2018 M-553/2018 dated November 15, 2018 in case No. 2-510/2018

  Vichug city court (Ivanovo region) - Civil and administrative

  For wages and other payments in accordance with this federal law, other regulatory legal acts of the Russian Federation and with a service contract. Part 1 of Art. 50 of the said Federal Law, it is established that the remuneration of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional service activities for a replaced ...

  Decision No. 2-3693/2018 2-3693/2018~M-3353/2018 M-3353/2018 dated November 15, 2018 in case No. 2-3693/2018

  Central District Court of Voronezh (Voronezh Region) - Civil and administrative

• ... for wages and other payments in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and with a service contract. Part 1 of Article 50 of the Federal Law of July 27, 2004 N 79-FZ establishes that the remuneration of a civil servant is made in the form of a monetary allowance, which is the main means of his material support ...

Decision No. 2-3694/2018 2-3694/2018~M-3085/2018 M-3085/2018 dated November 12, 2018 in case No. 2-3694/2018

Central District Court of Voronezh (Voronezh Region) - Civil and administrative

Military personnel and persons equated to them, official salaries of judges, payments, allowances and compensations and invalidation of the Federal Law "On the Suspension of Part 11 of Article 50 of the Federal Law "On the State Civil Service of the Russian Federation" in connection with the Federal Law "On the Federal Budget for 2015 and for the planning period of 2016 and 2017”, ...

Decision No. 2-1054/2018 2-1054/2018~M-1128/2018 M-1128/2018 dated November 8, 2018 in case No. 2-1054/2018

Uzlovsky city court (Tula region) - Civil and administrative

Remuneration and other payments in accordance with this federal law, other regulatory legal acts of the Russian Federation and with a service contract. Based on Part 1 of Art. 50 of the above Federal Law, the remuneration of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional service activities in a substituted civil position ...

This bill has been in force since 2004. It is designed to control all issues regarding standards and procedures, from the very admission of an employee to the civil service to the conditions of pension contributions. The law is a partial analogue of the Labor Code (Labor Code) but with certain additions. The government is the employer.

79 fz on civil service with changes 2018

Amendments made to the law at the end of last year, more specifically, on December 30, 2015 No. 79 FZ on the civil service, are still in effect today.

Summary

All conditions and instructions are described in detail in 17 chapters, divided by their topics (sections, individual articles, etc.). At the beginning of the RD, the main provisions are described (norms are established), the listing of positions, duties and job descriptions for each individual type of activity of a civil servant, and more specifically:

• employment (a contract that includes conditions for its termination);
• time of service and rest;
• certification exam (terms, criteria, etc.);
• state guarantees (payment, incentive system, state security, etc.);
• age limit (restriction), and how you can quit (application for resignation of your own free will, who must sign, list of documents, etc.);
• statutory relations (conditions of the competition for filling a vacant position or a trial period, for example, who will be accepted and vice versa);
• features of the formation of personnel (reductions, replacements) and so on.

Changes this year have affected the conditions for doing business, or rather prohibitions on such actions with some exceptions. The same article also describes the possibilities of discrediting the honor of family ties (concerns law enforcement agencies).

Regarding pension payments and retirement conditions, no changes are observed - the main criterion is still the same: “by length of service”.

You can get acquainted in more detail with the Law and the new changes (cheat sheet with expert comments) online, as well as download it completely free of charge:

The document will be useful for students who need to know the basic provisions within the education system for detailed discussion (i.e. read, memorize, write a summary, create an audiobook or audio recording, in a word, get an approximate knowledge of the basic provisions), lawyers (bailiffs) in within the framework of enforcement proceedings, since the toughening measures also apply to civil servants.

79 fz on the state civil service of the Russian Federation

The Federal Law on the State Civil Service 79 FZ is valid throughout the Russian Federation:

• Kyrgyz Republic and Yugra;
• Bashkortostan, Komi, RK;
• Perm and Kamchatka Territories;
• Rostov and Kursk regions;
• Tver and Ulyanovsk regions;
• the cities of Moscow and the Moscow region;
• St. Petersburg (St. Petersburg), etc.

And also on the territory of the Crimean peninsula, the republics of the DPR and LPR. And although this situation causes a conflict of interest, the President of Ukraine Poroshenko at the meetings of the Verkhovna Rada quite often refers to this document (its main parts) in his appeals.

News about the material reserve

Today there are no changes in the articles on the material reserve. The main principles associated with the creation of a kind of basis for improving the level of functioning of the civil service in the Russian Federation are aimed at tightening measures to combat corruption schemes.

About Joint Stock Companies

A civil servant is prohibited from participating in one way or another in the composition of commercial organizations, incl. Joint-Stock Company (an agency, for example) as a founder or in any other way, involving the receipt of material remuneration, except when this is allowed by regulation No. 738 of the Federal Law (clause 16 On the management of federally owned JSC shares.

Civil Service Law 79 fz last edition

Federal Law 79 on the state civil service, with the latest changes, mostly touched on the provisions on vacation. The main provisions have not been changed, ie. the stay must not be less than 28 days with the possibility of separation, with one part being at least 14 days. However, the general calculation of additional days has changed, if previously processing days were taken into account, now only business days, with the exception of employees who entered the service with an irregular working day.

When did it enter into force?

It has been amended more than 30 times since the law was in force. Over the past year (2017), the body of this legal document was also amended (four times). Some of them have already entered into force:

• July 2017 - certification procedure;
• October 2017 - JSC opportunities (ownership of shares);
• December 2017 - the system of holidays and the abolition of the concept of "law enforcement service" as such.