PCHELINTSEV SERGEY V.

The article analyzes the proposals of the draft law of the Government of the Russian Federation aimed at optimizing the structure of monetary compensation and social guarantees for civil servants. This law should embody the provisions and the main directions for the development of the civil service designated by the Presidential Decree. The authors consider the range of grounds influencing the formation and optimization of the amount of monetary compensation for civil servants, as well as some other circumstances such as, for example, the specifics of civil service. The authors cite an extensive foreign practice of determining the monetary compensation for civil servants and believe that some of them can be applied in Russian practice as well. It is noted that well-organized social support for civil servants increases the number of highly professional managers who can effectively pursue state policy and increase the prestige of the civil service.

The authors of the article analyze the principles of citizens’ access to state civil service and the procedure for filling positions in civil service in foreign countries. The authors indicate some aspects of foreign experience that could be introduced into Russian practice. Additionally, the article examines the features of the legal regulation of the procedure for filling civil service positions in the Russian Federation and proposes the introduction of greater variability in the methods of formation of the state bodies’ personnel. The problems of cooperation between the civil service and other types of service, as well as during the transition from one state body to another, are noted. The article mentions that, as a rule, the personnel services of state bodies do not have special training and tools for holding competitions on filling state civil service positions, and this implies the fact that the competitions themselves are not always effective. In this regard, it is proposed to consider the issue of conducting a competitive selection of citizens for admission to the civil service through a centralized approach.

On July 4, 2020, the provisions of the Constitution of the Russian Federation, provided for in Article 1 of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 1-FKZ of March 14, 2020, «On improving the regulation of certain issues of the organization and functioning of public authorities» came into force. In this regard, it is important to improve federal legislation in order to bring it in line with the Constitution of the Russian Federation. It is necessary to amend a number of legislative acts of the Russian Federation defining the status of persons holding public office, including federal constitutional laws. For example, Federal law No. 79-FZ of 27 July 2004 “On the state civil service of the Russian Federation” appears to require a number of changes. First of all, it is necessary to clarify the duties of a state civil servant related to the presence (acquisition) of citizenship of a foreign state or 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. The restrictions provided for by the new provisions of the Constitution of the Russian Federation for civil servants need to be promptly incorporated into the legislation of the Russian Federation on the civil service of the Russian Federation.