FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 27, 2004 No. 79-FZ

About the public civil service of the Russian Federation

Accepted by the State Duma of the Russian Federation on July 7, 2004

Approved by Council of the Russian Federation on July 15, 2004

This Federal Law according to the Constitution of the Russian Federation and the Federal Law of May 27, 2003 No. 58-FZ "About system of public service of the Russian Federation" (further - the Federal Law "About System of Public Service of the Russian Federation") establishes legal, organizational and financial and economic basis of the public civil service of the Russian Federation.

Chapter 1. General provisions

Article 1. Main terms

For the purposes of this Federal Law the applied terms mean:

1) the state positions of the Russian Federation and the state positions of subjects of the Russian Federation (further also - the state positions) - the positions established by the Constitution of the Russian Federation, the Federal Laws for direct execution of powers of federal state bodies, bodies of the public power of the federal territory and the positions established by constitutions (charters), the laws of subjects of the Russian Federation for direct execution of powers of state bodies of subjects of the Russian Federation;

2) the employer's representative - the head of federal state body, body of the public power of the federal territory or state body of the subject of the Russian Federation, person replacing the state position, or the representative the specified heads or the faces performing powers of the employer on behalf of the Russian Federation, the subject of the Russian Federation or the federal territory;

3) professional level - the level of knowledge and abilities of the citizen applying for replacement of position of Federal public civil service, public civil service of the subject of the Russian Federation, the federal government civil servant, government civil servant of the subject of the Russian Federation (further also - the civil servant), job responsibilities, necessary for execution;

4) assessment of professional level - determination of level of knowledge and abilities necessary for execution of job responsibilities, at the citizen applying for replacement of position of the public civil service of the Russian Federation (further also - position of civil service), the civil servant;

5) area of professional office activity - set of tasks, powers and functions of federal state bodies, bodies of the public power of the federal territory, state bodies of subjects of the Russian Federation (further - state bodies), persons replacing the state positions of the Russian Federation, the state positions of subjects of the Russian Federation to which realization execution of job responsibilities of civil servants is directed;

6) type of professional office activity - specialization on separate tasks, powers and functions of state body within area of professional office activity of the civil servant.

Article 2. Subject of regulation of this Federal Law

Subject of regulation of this Federal Law are the relations connected with revenues to the public civil service of the Russian Federation, its passing and the termination and also with determination of legal status (status) of the civil servant.

Article 3. Public civil service of the Russian Federation

1. The public civil service of the Russian Federation (further also - civil service) - type of the public service representing professional office activity of citizens of the Russian Federation (further - citizens) on positions of civil service on ensuring execution of powers of state bodies, persons replacing the state positions of the Russian Federation and persons replacing the state positions of subjects of the Russian Federation.

2. The public civil service of the Russian Federation is subdivided into Federal public civil service (further also - Federal civil service) and the public civil service of subjects of the Russian Federation (further also - civil service of subjects of the Russian Federation).

Article 4. Principles of civil service

The principles of civil service are:

1) priority of rights and freedoms of man and citizen;

2) unity of legal and organizational basis of Federal civil service and civil service of subjects of the Russian Federation;

3) equal access for the citizens knowing state language of the Russian Federation to civil service and equal conditions of its passing irrespective of floor, races, nationalities, origins, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also from other circumstances which are not connected with professional qualities of the civil servant;

4) professionalism and competence of civil servants;

5) stability of civil service;

6) availability of information on civil service;

7) interaction with public associations and citizens;

8) security of civil servants from illegal intervention in their professional office activity.

Article 5. Legislation of the Russian Federation on the public civil service of the Russian Federation

1. Regulation of the relations connected with civil service is performed:

1) Constitution of the Russian Federation;

2) Federal Law "About System of Public Service of the Russian Federation";

3) this Federal Law;

4) other Federal Laws, including the Federal Laws regulating features of passing of civil service;

5) presidential decrees of the Russian Federation;

6) orders of the Government of the Russian Federation;

7) regulatory legal acts of federal executive bodies;

8) constitutions (charters), laws and other regulatory legal acts of subjects of the Russian Federation;

9) regulatory legal acts of state bodies;

10) regulatory legal acts of bodies of the public power of the federal territories.

2. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law then are applied rules of the international treaty.

3. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 6. Interrelation of civil service and public service of the Russian Federation of other types

The interrelation of civil service and public service of the Russian Federation of other types is provided on the basis of unity of system of public service of the Russian Federation and the principles of its creation and functioning, and also by means of:

1) sootnositelnost of the main conditions and amount of compensation, basic state social guarantees;

2) establishments of restrictions and obligations when passing public service of the Russian Federation of different types;

3) accounting of years of service of public service of the Russian Federation of other types in case of calculation of years of service of civil service;

4) sootnositelnost of the main conditions of the state provision of pensions of the citizens passing public service of the Russian Federation.

Article 7. Interrelation of civil service and municipal service

The interrelation of civil service and municipal service is provided by means of:

1) unities of the main qualification requirements for replacement of positions of civil service and positions of municipal service;

2) unities of restrictions and obligations when passing civil service and municipal service;

3) unities of requirements to training for civil service and municipal service and to professional development of civil servants and local government officers;

4) accounting of years of service of municipal service in case of calculation of years of service of civil service and years of service of civil service in case of calculation of years of service of municipal service;

5) sootnositelnost of the main payment terms of work and social guarantees of civil servants and local government officers;

6) sootnositelnost of the main conditions of the state provision of pensions of the citizens passing civil service and the citizens passing municipal service and their families in case of loss of the supporter.

Chapter 2. Positions of civil service

Article 8. Positions of civil service

Positions of Federal public civil service are established by the Federal Law or the presidential decree of the Russian Federation, position of the public civil service of subjects of the Russian Federation - the laws or other regulatory legal acts of subjects of the Russian Federation taking into account provisions of this Federal Law for the purpose of ensuring execution of powers of the state body or person replacing the state position.

Article 9. Classification of positions of civil service

1. Positions of civil service are subdivided into categories and groups.

2. Positions of civil service are subdivided into the following categories:

1) heads - positions of heads and deputy managers of state bodies and their structural divisions (further also - division), positions of heads and deputy managers of territorial authorities of federal executive bodies and their structural divisions, positions of heads and deputy managers of representative offices of state bodies and their structural divisions replaced for certain term of office or without restriction of term of office;

2) assistants (advisers) - the positions established for assistance to persons replacing the state positions, to heads of state bodies, heads of territorial authorities of federal executive bodies and heads of representative offices of state bodies in realization of their powers and replaced for the certain term limited to term of office of specified persons or heads;

3) specialists - the positions established for professional ensuring accomplishment by state bodies of the established tasks and functions and replaced without restriction of term of office;

4) the providing specialists - the positions established for organizational, information, documentary, financial and economic, economic and other support of activities of state bodies and replaced without restriction of term of office.

3. Positions of civil service are subdivided into the following groups:

1) the highest positions of civil service;

2) main positions of civil service;

3) leading positions of civil service;

4) senior positions of civil service;

5) younger positions of civil service.

4. Positions of categories "heads" and "assistants (advisers)" are subdivided into the highest, the main and conducting groups of positions of civil service.

5. Positions of category "specialists" are subdivided into the highest, main, leading and senior groups of positions of civil service.

6. Positions of category "providing specialists" are subdivided into the main, leading, senior and younger groups of positions of civil service.

Article 10. Registers of positions of the public civil service of the Russian Federation

1. The positions of Federal public civil service classified by state bodies, categories, groups, and also by other signs constitute the lists of positions of Federal public civil service which are appropriate sections of the Register of positions of Federal public civil service. The register of positions of Federal public civil service affirms the presidential decree of the Russian Federation.

2. The positions of the public civil service of the subject of the Russian Federation in state bodies of the subject of the Russian Federation established taking into account structure of these bodies and classified by categories, groups of positions according to article 9 of this Federal Law constitute the lists of positions of the public civil service of the subject of the Russian Federation which are appropriate sections of the register of positions of the public civil service of the subject of the Russian Federation. The register of positions of the public civil service of the subject of the Russian Federation is constituted taking into account the principles of creation of the Register of positions of Federal public civil service and affirms the law or other regulatory legal act of the subject of the Russian Federation.

3. Ceased to be valid

Article 11. Class ranks of civil service, class ranks of justice, diplomatic ranks

1. The class rank of the public civil service of the Russian Federation (further - the class rank of civil service of the Russian Federation), either the class rank of justice, or diplomatic rank is appropriated to the federal civil servant. The class rank of civil service of the subject of the Russian Federation is appropriated to the civil servant of the subject of the Russian Federation.

2. Class ranks of civil service of the Russian Federation are appropriated to the federal civil servants replacing positions of civil service on which assignment of class ranks of justice and diplomatic ranks is not provided.

3. Class ranks of justice are appropriated to the federal civil servants replacing positions of civil service which qualification requirement for replacement is availability of legal education, in the federal state bodies and their territorial authorities (bodies) determined by the President of the Russian Federation, and also in offices of federal courts.

4. Diplomatic ranks are appropriated to federal civil servants according to the Federal Law of July 27, 2010 No. 205-FZ "About features of passing of Federal public civil service in system of the Ministry of Foreign Affairs of the Russian Federation".

5. Class ranks are class ranks of civil service of the Russian Federation, class ranks of civil service of subjects of the Russian Federation, class ranks of justice - are appropriated to civil servants personally, with respect for the sequence, according to the replaced position of civil service, and also taking into account the professional level, duration of civil service in the previous class rank and in the replaced position of civil service.

6. The class rank of civil service of the Russian Federation - the valid counselor of state of the Russian Federation 1, 2 either 3 classes or the class rank of justice - the valid counselor of state of justice of the Russian Federation 1, 2 or 3 classes is appropriated to the federal civil servants replacing positions of civil service of the highest group of positions (except for federal civil servants to whom diplomatic ranks are appropriated). The class rank of civil service of the subject of the Russian Federation - the valid counselor of state of the subject of the Russian Federation 1, 2 or 3 classes is appropriated to the civil servants replacing positions of civil service of the subject of the Russian Federation of the highest group of positions.

7. The class rank of civil service of the Russian Federation - the counselor of state of the Russian Federation 1, 2 either 3 classes or the class rank of justice - the counselor of state of justice of the Russian Federation 1, 2 or 3 classes is appropriated to the federal civil servants replacing positions of civil service of the main group of positions (except for federal civil servants to whom diplomatic ranks are appropriated). The class rank of civil service of the subject of the Russian Federation - the counselor of state of the subject of the Russian Federation 1, 2 or 3 classes is appropriated to the civil servants replacing positions of civil service of the subject of the Russian Federation of the main group of positions.

8. The class rank of civil service of the Russian Federation - the adviser of the public civil service of the Russian Federation 1, 2 either 3 classes or the class rank of justice - the adviser of justice 1, 2 or 3 classes is appropriated to the federal civil servants replacing positions of civil service of the leading group of positions (except for federal civil servants to whom diplomatic ranks are appropriated). The class rank of civil service of the subject of the Russian Federation - the adviser of the public civil service of the subject of the Russian Federation 1, 2 or 3 classes is appropriated to the civil servants replacing positions of civil service of the subject of the Russian Federation of the leading group of positions.

9. The class rank of civil service of the Russian Federation - the assistant of the public civil service of the Russian Federation 1, 2 either 3 classes or the class rank of justice - the lawyer 1, 2 or 3 classes is appropriated to the federal civil servants replacing positions of civil service of the senior group of positions (except for federal civil servants to whom diplomatic ranks are appropriated). The class rank of civil service of the subject of the Russian Federation - the assistant of the public civil service of the subject of the Russian Federation 1, 2 or 3 classes is appropriated to the civil servants replacing positions of civil service of the subject of the Russian Federation of the senior group of positions.

10. The class rank of civil service of the Russian Federation - the secretary of the public civil service of the Russian Federation 1, 2 or 3 classes is appropriated to the federal civil servants replacing positions of civil service of younger group of positions. The class rank of civil service of the subject of the Russian Federation - the secretary of the public civil service of the subject of the Russian Federation 1, 2 or 3 classes is appropriated to the civil servants replacing positions of civil service of the subject of the Russian Federation of younger group of positions.

11. Class ranks of civil service of the Russian Federation - the valid counselor of state of the Russian Federation of 1 class, the valid counselor of state of the Russian Federation 2 classes and the valid counselor of state of the Russian Federation 3 classes and class ranks of justice - the valid counselor of state of justice of the Russian Federation of 1 class, the valid counselor of state of justice of the Russian Federation 2 classes and the valid counselor of state of justice of the Russian Federation 3 classes are appropriated by the President of the Russian Federation.

12. In federal executive bodies class ranks of civil service of the Russian Federation - the counselor of state of the Russian Federation of 1 class, the counselor of state of the Russian Federation 2 classes and the counselor of state of the Russian Federation 3 classes are appropriated by the Government of the Russian Federation. In other federal state bodies, bodies of the public power of the federal territory the specified class ranks are appropriated by the head of relevant organ.

13. The class ranks of civil service provided by parts 8 - the 10th this Article, are appropriated by the employer's representative.

14. Voided according to the Federal Law of the Russian Federation of 29.12.2022 No. 645-FZ

15. As encouragement measure for special differences in civil service the class rank of civil service of the Russian Federation or the class rank of justice can be appropriated to the federal civil servant:

1) before the expiration established by the presidential decree of the Russian Federation for passing of civil service in the corresponding class rank, but not earlier than in six months of stay in the replaced position of civil service - not above the class rank corresponding to this position of civil service;

2) after the term established by the presidential decree of the Russian Federation for passing of civil service in the corresponding class rank - is one step higher than the class rank corresponding to the replaced position of civil service within group of positions to which the replaced position belongs.

16. The procedure for assignment and preserving class ranks of civil service of the Russian Federation by the federal civil servant, ratio of class ranks of civil service of the Russian Federation, military and special ranks, class ranks of justice, class ranks of public prosecutor's workers, and also compliance of class ranks of civil service of the Russian Federation to positions of Federal civil service of the highest group of positions is established by the presidential decree of the Russian Federation.

17. Compliance of class ranks of civil service of the Russian Federation to positions of Federal civil service of the main, leading, senior and younger groups of positions in federal executive bodies is established by the order of the Government of the Russian Federation. In other federal state bodies, bodies of the public power of the federal territory the specified compliance is established by legal acts of such bodies.

18. The procedure for assignment and preserving class ranks of justice by the federal civil servant, and also compliance of class ranks of justice to positions of Federal civil service is established by the presidential decree of the Russian Federation.

19. The procedure for assignment and preserving class ranks of civil service of the subject of the Russian Federation, and also compliance of class ranks of civil service of the subject of the Russian Federation to positions of civil service of the subject of the Russian Federation is established by the law of the subject of the Russian Federation taking into account provisions of this Article.

Article 12. Qualification requirements for replacement of positions of civil service

1. Replacement of position of civil service requires compliance to qualification requirements to the level of professional education, years of service of civil service or occupational work, the direction of preparation, professional level, and also in the presence of the relevant decision of the representative of the employer - to specialty, the direction of preparation (to the integrated groups of specialties and the directions of preparation), to the qualification received by results of development of the additional professional program of occupational retraining.

2. Qualification requirements for replacement of positions of civil service are established according to categories and groups of positions of civil service, area and type of professional office activity of the civil servant.

3. For replacement of positions of civil service of categories "heads", "assistants (advisers)", "specialists" of the highest and main groups of positions of civil service availability of the higher education not lower than the level of specialist programme, magistracy is obligatory.

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