Responsibility of a municipal employee: rights and obligations, functions and tasks

Rights, obligations, professional functions - all these are traditional status elements for municipal employees. The responsibility of these workers is regulated by a separate law. The main features of responsibility, as well as other characteristics of specialists in the field of local self-government, are described in more detail in the article.

The concept of municipal service

To begin with, it is necessary to highlight the main features of the local government. Municipal is a type of public service. This is a whole system that includes local public authorities, that is, municipalities. A municipal employee replaces a position in the local government system, which, incidentally, is not an elected one.

The employees of the system in question implement their professional activities in the relevant authorities and receive financial rewards for this. The salary of employees is formed at the expense of the local budget, that is, the budget of the municipality. The work itself is subordinate to it. The responsibility of the municipal employee, in this regard, can be considered increased.

Service Features

Municipal activities are organized on an ongoing basis. In fact, employees of local self-government exercise their own powers as the main labor activity. They do this for an indefinite amount of time, that is, constantly. Elected workers, on the contrary, work only for a certain period of time.

The permanent basis for the activities of employees is aimed at ensuring professionalism in the field of local self-government, as well as maintaining a certain stability. In a sense, such a system can be compared with the principle of the irremovability of public servants, which operates in European states.

Municipal office: key features

This position is regulated by the charter of local education in accordance with regional law. Powers are established to resolve issues of local importance. The responsibility of the municipal employee is closely related to the exercised powers.

The Federal Law "On the Foundations of the Organization of Local Self-Government" is regulated by three groups of officials who work in the relevant authorities. It should highlight:

• elected officials involved in the municipal sphere;
• local government officials;
• member of an elected instance in the municipal sphere (elected person formed in municipal elections).

The positions differ according to the method of substitution and the nature of administrative authority.

Municipal Service Positions

In Russia there is a register of posts. It is installed by each subject of the Russian Federation separately. It presents a list of the names of each specialty in the field of local government. They are classified by bodies, election commissions and functional official characteristics. Specialties are determined taking into account local and historical traditions.

As an example, we can take the official register of the municipal Volgograd service. It was approved by the City Council in 2010. It provides for posts that were approved to directly ensure the fulfillment of the powers of specialists holding a position of a municipal nature.

Job classification

The register of posts may also contain vacancies established to directly ensure the fulfillment of the powers of a person who holds a position in the field of local self-government. Such posts are replaced by the conclusion of an employment agreement for the term of the specified person.

According to the Decree of the President of 2009 "On Combating Corruption", in order to consolidate the responsibility of the municipal employee for corruption offenses, a division of posts was adopted for several groups. These are the highest, main, leading, senior and junior posts. This separation is related to the ratio of municipal and state posts. It should immediately be noted government officials: these are managers, assistants (they are also advisers), specialists and providing specialists.

Service Requirements

The responsibility of a municipal employee is determined by a number of factors. You should start by considering the legal status, or rather the status of the employee in the field of local government. According to the law, an employee is a citizen who legally fulfills his duties for a certain financial reward. It is paid at the expense of the local budget.

The main features of a municipal employee:

• liability for conflict of interest, failure to represent
• information about income and other;
• legal competency;
• the presence of Russian citizenship;
• implementation of duties at the expense of the municipal budget;
• implementation of duties on a post.

Persons who do not fill positions in the municipal sphere and fulfill the responsibilities for the technical support of local self-government are not considered municipal workers. The legal status of the specialist in question means the totality of powers, obligations, prohibitions, guarantees established by law. The responsibility of a civil servant for failure to provide a certificate of income, as well as for a number of other illegal acts, is regulated by the norms of administrative and criminal law. The restrictions on the profession will be described below.

Profession restrictions

Prohibitions and restrictions mean the legal limits of the freedoms and rights of municipal employees. A citizen is not accepted for service in the field of local self-government, and a municipal worker himself cannot replace his position in the following cases:

1. The presence of diseases that impede employment in the field of local government. Such a disease should be confirmed by an appropriate document from a medical institution.
2. Failure to complete the procedure for obtaining access to information that constitutes a state or other secret protected by law.
3. Conviction of a citizen to punishment, which excludes the possibility of fulfilling the duties of an official type by a court verdict.
4. Recognition of a person as legally incompetent or partially capable.
5. Close relationship with the head of the municipality.
6. Termination of citizenship of the Russian Federation, or the presence of citizenship of another state.
7. Submission of false documentation or deliberately false information when trying to get a job in the local government system.
8. Failure to provide information about yourself when entering the service.

A person cannot be accepted into the municipal service after he reaches 65 years of age. The only exceptions are private organizations that are not directly related to such a service. This, for example, JSCB Novokuznetsk Municipal Bank.

Prohibitions in the profession

In connection with the exercise of the powers of the municipal service, an employee of the local government system is prohibited from being a member of the management bodies of commercial organizations. The only exceptions are cases established by municipal regulations. Moreover, an employee of the local government system is not allowed to take part in the management of such instances. Recent news can be taken as an example. In August 2018, the Novokuznetsk Municipal Bank lost its manager, Alexander Pavlov.

The ex-director was accused of embezzlement and embezzlement of funds for 4 billion rubles. An investigation is currently underway. Pavlov could be in the municipality of Novokuznetsk. However, his position did not allow him to do so. Now the employees of the credit organization are expected to pay debts to depositors, while the Novokuznetsk municipal bank is on the verge of bankruptcy.

At the same time, it is prohibited to engage in entrepreneurial activity. News about the Novokuznetsk Municipal Bank, namely, its leader, will still be relevant here. A ban has also been established on filling positions in the field of local self-government in the event of election to a public post, as well as when registering for a paid position in a professional union organization of the primary type.

Bans list

Among other prohibitions should be indicated:

• use of his official position in order to achieve illegal goals (for example, the aforementioned events illustrated in the news about the Novokuznetsk municipal bank);
• abuse of authority;
• departure on business trips at the expense of the finances of legal entities or ordinary citizens (with some exceptions);
• the use of material and technical equipment or public finances for purposes not related to the performance of professional duties;
• disclosure or use of information not related to the municipal service;
• the assumption of public statements, judgments and estimates regarding the work of the local government, as well as in relation to its employees and managers;
• taking advantage of his position for campaigning before the election;
• the creation of political parties within the framework of the local government;
• termination of professional duties in order to resolve a labor dispute;
• membership in governing bodies, supervisory or board of trustees.

The municipal employee is not entitled to engage in any activity of a paid nature, with the exception of scientific, creative and teaching.

Rights of a municipal employee

An employee of the field of local self-government has the opportunity to get acquainted with the working documentation relating to the direct performance of professional functions. The law also regulates the possibility of organizational and technical support of the conditions that are necessary for the performance of duties. Among other rights are rest, remuneration of labor, participation in job contests, protection of professional data, creation of trade unions, etc.

The rights indicated above are considered universal. A number of private authorities are guided by the same provisions. In particular, these are Sibirex Trading House, Novokuznetsk Municipal Bank and other organizations.

Employee Responsibilities

The list of duties includes compliance with the Constitution of the Russian Federation, the performance of official duties, the maintenance or improvement of existing qualifications, non-disclosure of secret information, the preservation of state or municipal property, etc.

The municipal employee does not have the right to execute the order given to him, which is considered illegal. An employee of the organization will be subject to sanctions for failure to fulfill the indicated obligations. If the court is considered private, then bankruptcy can be expected. Novokuznetsk Municipal Bank is a good example of this.

Liability Details

The employee under study works on the principles of legality, justice, publicity, humanism, proportionality and differentiation. These are fundamental ideas in the work of a representative of local government. Responsibility of employees is divided into groups.

The first type of liability is called disciplinary. It is imposed for petty misconduct and improper performance of work functions. Sanctions are presented in the form of warnings and reprimands.

Responsibility of an administrative type lies with the committed offenses of an administrative type. This is an encroachment on public and state order, inaction in the field of fulfillment of duties, as well as a number of unlawful acts. Sanctions here are a fine and a warning.

The latter type of liability is called criminal. These are crimes related to abuse of power. It should be noted corruption, theft, malicious misconduct, and much more. An example of this is the responsibility of a municipal employee for concealing income.