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. —
Organizational structure of the state civil service of Russia in Russia during the XVI – XVII centuries
// Administrative and municipal law. – 2021. – ¹ 3.
– P. 47 - 58.
DOI: 10.7256/2454-0595.2021.3.35800
URL: https://en.e-notabene.ru/ammag/article_35800.html
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Abstract: This article examines the organizational structure of the state civil service during institutionalization of the system of public administration in the XVI – XVII centuries. The author describes the characteristic traits of this stage of development of the civil service system as a whole, including the highly personalized nature of carrying service, narrow separation between civil and military service, as well as the presence of rank system that was applicable to both the government apparatus and the society. In this context, the author explores the key misinterpretations of the term “rank”, its partial conflation with the concept of “post”, and the absence of universal definition. Research is also conducted on correlation between the organizational structure of the civil service and the class composition of the Tsardom of Russia, which has proven the possibility of separating the system of ranks of public servants from the unified social hierarchy. Special attention is given to the clerical service and its organizational structure: comparison of the status of clerical servants with the elements of the legal status of modern civil servant considering this type of service as the closest prototype of the state civil service. The basic traits of the clerical service include professional character, rigid hierarchy, stability, enforcement nature of activity, additional rights and responsibilities. The author highlights the key role of the concept of “rank” as the characteristic of the position of am individual within service hierarchy, used to for creating a prototype of the organizational structure of the state civil service. The scientific novelty consist in determination of the characteristic features of the organizational structure of civil service as whole, and state civil service in particular, which prove the existence of the developed, although non-unified hierarchy that later provided the framework for the reforms of Peter the Great. This confirms the gradual and consistent, rather than revolutionary nature of the transformations introduced by the Table of Ranks. Such approach gives a more comprehensive perspective upon the evolution of the institution of organizational structure of the state civil service.
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.