Semin A. —
Restriction of the right of civil servants to perform other paid work: the experience of the CIS member states
// Administrative and municipal law. – 2024. – ¹ 2.
– P. 14 - 23.
DOI: 10.7256/2454-0595.2024.2.43548
URL: https://en.e-notabene.ru/ammag/article_43548.html
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Abstract: The article provides a comparative analysis of the legal regulation of the right of civil servants to perform other paid work in the CIS member states. The general grounds for restricting the right to work of civil servants in the Russian Federation were researched, differentiation of approaches to restricting the right to perform other paid work by state civil servants, military personnel and persons undergoing other types of public service was exercised, and a number of gaps in the current regulation were also identified. The experience of the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Uzbekistan and Turkmenistan was studied. Within the framework of the work, both trends common to all the states under consideration were highlighted – for example, the restriction of the right to perform other paid work for all civil servants, the existence of exceptions and conditions for the exercise of this right, and unique approaches that can be borrowed for the further development of legislation on the civil service of the Russian Federation. The article is characterized by a comprehensive and systematic study of the experience of regulation of the issue of performing other paid work by civil servants of the CIS member states, and its scientific novelty consists in identifying 2 basic models of restricting the right of civil servants to work (part-time) and classifying the approaches adopted in the states under consideration in accordance with the proposed models.
Semin A. —
The peculiarities of normative legal regulation of the official structure of civil service of the Republic of Kazakhstan
// Administrative and municipal law. – 2021. – ¹ 5.
– P. 46 - 57.
DOI: 10.7256/2454-0595.2021.5.36825
URL: https://en.e-notabene.ru/ammag/article_36825.html
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Abstract: This article explores the peculiarities of legal regulation of the official structure of civil service of the Republic of Kazakhstan. The author determines the characteristic of the current stage of development of the institution of civil service, and conducts their assessment from the perspective of the impact of various models of arrangement and functionality of the system of civil service. Particular attention is given to the terminological framework and essential content of the key categories of this institution. The author differentiates the concepts of “state civil service of the Russian Federation”, “state service of the Republic of Kazakhstan, and “civil service of the Republic of Kazakhstan”. The application of comparative- legal and formal-legal methods allow establishing correlation between the political and administrative posts in civil service of the Republic of Kazakhstan on the one hand and state positions and positions of the civil service of the Russian Federation on the other hand; and public office and posts in civil service of the Russian Federation on the other hand. The conclusion is made on the substantial differences not only in the official structure of civil service, but in the official structure of public administration in both countries as well. The article also outlines a range of problems in the normative legal regulation of the official structure of civil service of the Republic of Kazakhstan. It is proven that the direct comparison of the official structures of public administration and civil service of the two countries is impossible due to significant difference in the terminological framework and general principles of formation of the official structures. Taking into account the common historical base – the uniform system of civil service of the Soviet Union, such a difference may testify to multidirectional trends in the development of the systems of civil service in the Russian Federation and the Republic of Kazakhstan.
Semin A. —
The Soviet period of development of legal regulation of the civil service grade structure
// Administrative and municipal law. – 2021. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2454-0595.2021.2.34879
URL: https://en.e-notabene.ru/ammag/article_34879.html
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Abstract: This article examines the evolution of approaches towards creation and regulation of the civil service grade structure in the Soviet Unions. The author describes the logically differentiated stages, as well as the general provisions of the approaches, namely the refusal to separate the official of the state apparatus from all employees of the sectors of the national economy, and simultaneous substitution of the state apparatus for the party apparatus. The author outlines the trajectories of development of the civil service system as a whole and the state civil service as its part. Special attention is given to the attempts of creating a hierarchical system of personal ranks. The development of the institution of nomenclature is reviewed separately. The conclusion is made on underdevelopment of the administrative legal institution of the civil service in the Soviet Union, due to the absence of uniform approach towards regulation of the civil service grade structure. The attempt to create the civil service grade structure were unsystematic, did not distinguish between the officials of the state apparatus and the servants employed in the national economy; there were also no fundamentally different approached towards understanding the grade structure – on various stages, the base unit of building a hierarchical system were the categories “post” and “personal rank/title”. The author indicates no correlation between the personal ranks, military ranks, and ranks of the internal affairs bodies.