This article considers the issues of abuse of rights and inadmissibility of violation of rights and freedoms of others in realizing the right of citizens to appeal. The author notes that citizens' appeals play a significant role in developing the rule of law. In addition, the author points out the category of state civil and municipal employees. The paper draws attention to the difference in concepts used in the legislation and the fact that there are a variety of regulations for working with anonymous appeals in different state bodies. The study analyzes judicial practice and regulations, identifies legal gaps and initiatives in the form of legal law at the level of federal legislation, and formulates specific proposals for changes in federal law. The author proposes to conduct electronic identification of the citizens' appeals, which will reduce the number of anonymous complaints and claims from fictitious persons. The analysis considers only cases of abuse of the rights of dishonest applicants, and by citizens'appeals, the author means the applications of citizens, associations of citizens, including legal entities. At the same time, the author emphasizes that the vast majority of applicants are honest citizens. The paper was prepared based on the general scientific dialectical method. The author used specific methods to prepare the publication: system-structural, formal-legal, logical and comparative-legal.
Stepkin S.P.
Russian State Social University
Publications of the author
In the journalp. 45-48
RESPONSIBILITY OF CIVIL SERVANTS FOR FAILURE TO PROVIDE INFORMATION PRESCRIBED BY THE LAW
S.P. STEPKIN
In the article, the author raises the question of imbalance between the duty of civil servants to hand over information on incomes, property and liabilities of property character, as well as on the expenses (of their own, of the spouse and minor children) and the absence of a duty of the spouse or tax authorities, Federal registration service, STSI and credit organizations to provide this information to a civil servant. This study becomes relevant in connection with the ongoing campaign to collect this information. The author considers various issues of anti-corruption legislation, their objective and subjective aspects. Since the objectives of anti-corruption legislation are to counteract corruption, to prevent and combat it, and to minimize and eliminate the consequences of such offenses, an important element in submitting information is good faith and the lack of intent and intention to deceive. The legislation gives the right for the representative of the employer to check the information provided to civil servants and request for this purpose the necessary information in tax authorities, Federal registration Service, STSI, credit and other organizations. However, the civil servant is deprived of the possibility to request similar information for his spouse without having the written power of attorney. The family member does not have such liability either; he is not responsible for the failure to submit data. In such situation, the civil servant may have the risk of losing his/her job.
p. 70-73
Consideration of other working periods for the length of service of federal state civil service
S. Stepkin
Published: 15 January 2017
The length of service is an additional incentive for civil servants that gives the right for additional vacation days and a monthly allowance to the official salary. The existing procedures of consideration of the length of service of different working periods, the complexities and peculiarities of this procedure are described in the article. The question about the long-service pension is raised. Nowadays controversial approaches to including the periods of work in the length of service are sometimes used in various government bodies; non - uniform decisions are often taken in the same state body. The lack of the uniform standards and rules for including the periods of work in the length of service creates obstacles for the uniform implementation of the rights of civil servants and citizens' rights in the federal civil service. For purposes of unification and unity the issue of the need for additional legal regulation of this issue at the federal level is highlighted in the article.
