1. Law enforcement function. Real implementation of the Constitution of the Russian Federation, laws and other regulatory legal acts of the state.

2. Normative function civil service is expressed in legislative drafting, as well as in expert, analytical, reference work of civil servants and the process of preparing bills.

3. Regulating function ... Development and implementation of state policy in all areas of society.

4. Law-making function. Development and adoption of regulatory legal acts.

5. Human rights function. This is ensuring the rights and freedoms of citizens. The civil service is called upon to serve the needs and interests of citizens, to increase the effectiveness of legal protection of the individual, to apply measures of state coercion in cases established by law.

6. Organizational function ... Ensuring the practical implementation of the competence of state bodies, internal consistency, their stable functioning and effective influence on processes in society.

The civil service manifests itself in the development of various specific programs of state activity, in the adoption of all fundamental political decisions and in their actual implementation. In this sense, the civil service has an important regulatory function. Its task is to ensure that the various interests that exist in society are reconciled.

The civil service is called upon to ensure the coordination and ordering of the activities of state bodies, uniting them into a single state apparatus of legitimate state power. To do this, she must constantly solve problems:

Streamlining the work of the state apparatus;

Establishment of requirements for functions and powers for government positions;

Determination of the competence and professional training of civil servants;

Regulation of methods and procedures for analyzing and evaluating the effectiveness of the functioning of the state apparatus;

Formation of conditions for the provision of civil servants, including material, social and legal guarantees of civil service.

The organization of the civil service itself, which is built in accordance with the achievements of modern management science, is aimed at implementing the functions of public administration. In connection with these most important features of the civil service are:

Clearly established hierarchy of positions;

Exact definition of job functions;

Appointment of officials on the basis of a contract;

Having a "career" in the form of a merit-based promotion system;

Selection of personnel taking into account abilities, professional qualifications, moral qualities;

Execution of the position as the sole and main occupation of the employee;

Strict discipline, control, responsibility.

In the modern period, the main innovations in public service are also associated with the achievements of management science and, above all, public management. The construction of the state apparatus according to M. Weber's model is complemented by the theory of informal organizations, the ideas of the openness of the public administration system, its decentralization, managerialization, etc.

In this regard, the opinion of G.V. Atamanchuk that the public service should bring a program-target approach, managerial professionalism, legal competence, organization and discipline, sustainability and reliability, attention and service to the needs of citizens, legality, efficiency, rationality to public administration.

The weakness of the influence of the civil service on improving public administration is also due to the fact that a number of significant shortcomings are found in its modern organization:

Ignoring the best domestic and foreign experience in public service management;

Dominance of posts and patronage system of service;

Lack of clear goals and objectives of the service, criteria for its assessment;

Underestimation of the place and role of the civil service in the system of power and administration;

Imposing on politicians some of the functions of the civil service, for the performance of which they are not adapted, etc.

The result of civil service is the normal progressive development of that sphere of public life, which is within the competence of the state body.

At this stage of public administration reforms, the role of the public service in management activities, in the implementation of public functions, is objectively increasing.

The understatement of the role of the civil service, underestimation of the capabilities of the administrative and managerial apparatus, as well as its ineffective use, negatively affects the quality of public administration.

The use of the best state and foreign experience, the elimination of existing organizational shortcomings, the setting of new goals for the civil service will enhance its role in improving public administration, ensuring its efficiency and rationality.

  • Civil service in the system of power and public administration
    • The concept of the dichotomy of state power
    • Political power and public service: general and specific
    • Public administration as the main function of the state civil service
  • Theoretical and methodological foundations of public service
    • General scientific approaches to the theory of civil service
      • The structure of the theory and methodology of civil service
    • The concept of "public service"
    • The nature of the civil service
      • Goals, objectives, functions of the state civil service
  • Civil service as a social and legal institution and professional service activity
    • Public service as a social institution
    • Public service as a legal institution
    • Civil service as a professional service activity
      • Professional activity in relation to public service
  • Civil service system of the Russian Federation
    • The essence and structure of the civil service system in modern Russia
    • Basic principles of the construction and functioning of the civil service system of the Russian Federation
  • Federal state civil service: essence, structure, features
    • Federal public service: concept, distinctive features, functions
    • The structure and features of the federal public service
    • The specifics of the organization and functioning of the civil service in federal government bodies
      • State service of federal executive power
      • Public service of the judiciary
  • State service of the constituent entities of the Russian Federation
    • Constitutional foundations of the functioning of public authorities of the constituent entities of the Russian Federation
    • Legal regulation and organization of the state civil service of the constituent entities of the Russian Federation
    • Comparative analysis of federal legislation and the legislation of the constituent entities of the Russian Federation on issues of state civil service
      • Admission (admission) to the state civil service
      • Legal status of a civil servant of a constituent entity of the Russian Federation
  • Civil servant: concept, classification
    • Civil servant: concept, signs
    • Classification of civil servants of the Russian Federation
  • Positions of the state civil service of the Russian Federation
    • Civil service positions: concept
      • Signs of public office
    • Classification of positions in the state civil service of the Russian Federation
      • Qualification requirements for positions
    • Register of positions in the federal state civil service
  • Passage of the state civil service
    • Theoretical Foundations of Civil Service
    • The main types of the process of passing the civil service
    • Legal and organizational foundations of the civil service of the Russian Federation
      • Organization of civil service
  • Social and legal status of a civil servant of Russia
    • Civil servant status: concept and classification
    • The essence and features of the social status of a civil servant
    • Legal status of a state civil servant of the Russian Federation
      • Basic duties of a civil servant
      • Restrictions related to the civil service
      • Prohibitions related to the civil service
  • State guarantees and liability in the civil service of the Russian Federation
    • Basic and additional state guarantees for civil servants
    • Incentives and disciplinary actions in the civil service
  • Civil Service Management
    • Conceptual framework for public service management
      • Subjects and objects of management
    • Civil service management system of the Russian Federation
      • Federal level of government
      • Governance level of the constituent entities of the Russian Federation
    • Improving the efficiency of the Russian civil service management system
  • Reform and development of the civil service system of the Russian Federation
    • Theoretical Foundations of Civil Service Reform
    • Legal basis for reforming the civil service system in modern Russia. Federal reform program
    • The main directions of reforming and development of the civil service system of the Russian Federation
    • Problems and prospects for the development of the state civil service of the Russian Federation
  • State personnel policy and personnel doctrine
    • Theoretical foundations of state personnel policy
    • Priority areas of the state personnel policy of the Russian Federation
    • Personnel doctrine. Problems of state personnel policy in modern Russia
  • Legal framework and subject-object base of state personnel policy
    • Legal foundations of state personnel policy and personnel activity in modern Russia
    • Subjects and objects of state personnel policy
      • Objects of state personnel policy
  • Basic principles and mechanisms for the implementation of state personnel policy
    • Basic principles for the implementation of state personnel policy
    • Mechanisms for the implementation of state personnel policy in the public administration system
      • The mechanism of regulatory support of personnel policy
      • The mechanism of organizational support of personnel policy
      • Research mechanism of personnel policy
  • State personnel policy in the system of state civil service
    • Essence, objectives and principles of personnel policy
    • Priority areas of personnel policy and personnel work
    • Development of the personnel structure of the civil service of the Russian Federation
  • Personnel work and personnel service of the state body
    • Personnel work in a government agency: essence and content
    • Personnel service of the state body
  • Formation of the cadre of the civil service
    • Qualification requirements for civil service positions
    • Theoretical and organizational foundations of personnel selection
    • Ways to fill government positions
  • HR technologies for assessing civil service personnel
    • Theoretical Foundations of Public Service Personnel Assessment
      • Methodology for assessing civil service personnel
    • Competition and test for admission to the civil service
    • Civil Service Certification
      • Civil Servants Qualification Exam
  • Formation and training of a personnel reserve in the civil service
    • Conceptual, legal and organizational bases for the formation of a personnel reserve
    • The procedure for the formation and training of the personnel reserve
    • Features of the formation of a reserve of management personnel
      • The program for the formation of a reserve of management personnel in the city of Moscow
  • Service and Business Career Management
    • Service and business career: essence, classification, stages
      • Career advancement
    • Strategy, tactics and technologies of management of service and business career
      • HR technologies
    • Career growth factors
  • Professional Development. Additional professional education of civil service personnel
    • Legal framework and principles of professional development of civil servants
    • Organization of additional professional education
    • State order for professional retraining and advanced training of civil servants
  • Corruption in government bodies
    • The essence of corruption as a social phenomenon
      • Aspects of corruption
    • Reasons and forms of the spread of corruption in public authorities
      • Forms of manifestation of corruption
    • Legal framework and anti-corruption measures in the public service system
    • Organizational anti-corruption measures in the public service
  • Moral foundations of public service and personnel policy
    • Moral principles of personnel policy and performance of civil servants
    • Requirements for the official conduct of civil servants. Settlement of conflicts of interest
    • The principle of serving the state and society
    • Moral problems of civil servants
  • Foreign experience of civil service and personnel policy
    • Modern European experience in the organization of the civil service
      • Government Civil Service in the UK
      • Public civil service in France
      • State civil service in Germany
    • Public service management in foreign countries
    • Human Resource Management in Civil Service in Western Countries
      • Personnel policy in the civil service in France
      • Human Resources in Civil Service in the UK
      • Human Resources Policy in the Civil Service in the United States
    • Modern foreign experience in the formation of a personnel reserve in the civil service
  • Experience of civil service and personnel policy in Russia
    • Public service in tsarist Russia
    • Career policy and civil service in tsarist Russia
    • Civil service in the party-Soviet period

Goals, objectives, functions of the state civil service

One of the serious problems of the civil service is the definition of its goals, objectives and functions. The difficulty lies in the fact that if the concept and principles of the civil service in Russia, including civil service, are legally defined and fixed in the current legislation, then its goals, objectives and functions are not. Therefore, the “tree of goals” of the civil service remains problematic and controversial.

In the scientific literature, there are different approaches to the typology of the goals of the state civil service. The most common in the scientific literature are level and sectoral classifications. According to the levels, the goals of the civil service are usually divided into strategic, operational and current. The main, in our opinion, the purpose of administrative power is to serve the interests of the state, and through it - of society.

The strategic objectives of the civil service, therefore, include:

  • service to the state and society;
  • high-quality support for the performance of the functions and tasks of the state, its bodies and officials;
  • increasing the efficiency of the state machinery.

In addition, in accordance with the political and socio-economic situation, the political authorities set medium-term and current goals for the public service, expressed in various programs.

According to the branches or from the substantive point of view, all the goals of the civil service are subdivided into political and administrative, social, economic, legal, and organizational.

Political and administrative purposes civil service are aimed at strengthening the state and statehood, the executive vertical of power, at the practical implementation of the functions of the state and the effective execution of the powers of state bodies, at ensuring the unity and stability of state power in the country, at creating conditions for communication between the state and civil society, and in general - at solving problems of public administration.

Social goals due to its social nature and the purpose of the civil service as a social institution In the light of the above, state bodies set themselves the goals of fulfilling the constitutional requirements of state support for the social sphere - education, health care, pensions, the implementation of the state's social obligations to the population, regulation and prevention of social conflicts in society, ensuring employment in the labor market, etc. One of the goals in this area is to provide social guarantees for employees of the state apparatus and their families.

Economic goals are aimed at increasing the efficiency of state regulation of the economy and managing state property, supporting entrepreneurship, reducing the cost of maintaining the state apparatus, etc.

Legal Purposes focused on the implementation of laws and other regulations of state power, to ensure legislative activity in the country, to create legal conditions for the organization and functioning of the state apparatus.

Organizational goals are aimed at the organizational and technical support of public authorities, at increasing the level of professionalism and competence of employees of the state apparatus, at bringing the structure and number of the civil service in line with the tasks at hand, at improving the norms, rules and procedures for passing the civil service.

In the scientific literature, there are various interpretations of the essence and content of the function of the state civil service. An analysis of the issue shows that there are no clear grounds for defining the essence and classification of the functions of the state civil service. The prevailing tendency is to confuse the functions of the state and the civil service, which is not entirely justified.

Each state body, its structural subdivision, each civil servant have their own, characteristic only for them function. Therefore, the state civil service can be characterized as a set of specific functions of all state bodies and civil servants.

Depending on the criteria for analyzing the structure and content of this phenomenon, there are several options for classifying the functions of the civil service.

  • managerial (administrative);
  • organizational and administrative;
  • legal;
  • service;
  • social;
  • economic;
  • cultural;
  • educational.

According to the sectoral basis, three groups of functions of the civil service are usually distinguished: information, organizational and technological. The information group includes the functions of cognitive-analytical, evaluative-expert, predictive-target, moral and legal, documentation and archival. In the organizational group, the functions of corporate and technological support and communication and computer support are distinguished. The technological group includes the functions of preparing government decisions and their implementation, making and implementing administrative decisions. State decision-making is the prerogative of political power, and administrative decisions are the prerogative of the civil service.

By essential aspects the civil service distinguishes the functions of professional activity, legal institution, social institution of public law relations. In this regard, the functions of the civil service are distinguished as a professional service activity, as a legal institution, as a social institution, as a public law relationship.

The main function of the state civil service as professional service activity is the organization of the work of the apparatus of a state body, i.e. practical implementation of public administration in their area of ​​responsibility. Within this function, planning processes are of particular importance. organization, order, coordination, information. stimulation, control, preparation of drafts of government decisions and their implementation. An important place here is occupied by the issues of professional retraining of officials, increasing their responsibility for the observance of official discipline and the rules of official conduct.

Among the functions of the state civil service as legal institution the functions of observance of the Constitution of the Russian Federation, implementation of laws and other legal acts of the state, development of draft laws and other legal acts, including on civil service, regulation of the legal status of civil servants, come to the fore.

The central function of the civil service as social institution is the realization of the interests, rights and freedoms of citizens, as well as the production of state social services in the field of security, education, health care, etc.

The functions of the civil service as a public-legal relationship between the state and the employee are aimed at the legal and social protection of officials, at creating favorable legal and other conditions for the passage of civil service, at regulating the pay and number of civil servants.

Fourth classification functions of the civil service is associated with management technology. Its supporters rightly proceed from the fact that the main function of the state civil service is public administration. For the management cycle, according to A. Fayot, the functions of forecasting, organization, order, coordination, control can be distinguished.

In legal science, the functions of civil service are understood primarily as law enforcement, lawmaking, human rights and regulatory functions.

As you can see, the range of functions of the state civil service is very wide, which indicates the extreme importance of this institution of power in the life of the state and society.

The question of the goals of the civil service, despite its importance, is largely staged in nature, since the methodology of goal-setting in management in general, and in public administration in particular, is the least developed.

The goals of the state civil service should be considered as a form of awareness and consolidation by state bodies in the relevant regulatory legal acts of socially significant urgent problems.

The main goal of public service is the practical implementation of the functions of the state, solving its problems, ensuring the welfare of society, satisfying public interests on the basis of the principles and provisions established in the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Federation.

The main tasks of the civil service include:

  • - protection of the constitutional system of the Russian Federation, creation of conditions for the development of civil society, production, ensuring the free life of the individual, protecting the rights, freedoms and legitimate interests of citizens;
  • - the formation of socio-political and state-legal conditions for the practical implementation of the functions of state bodies;
  • - ensuring the effective work of state bodies in accordance with their competence;
  • - improving the conditions of civil service and professional activity of civil servants;
  • - ensuring the operation of the principle of openness in the activities of civil servants and state bodies;
  • - creation and maintenance of favorable interpersonal relations in government bodies, which would ensure the development of positive personal qualities of employees.

Each type of public service carried out by special bodies of state power (for example, federal services) has its own tasks established in regulatory enactments.

There are not many theoretical developments on this score, moreover, they often contradict each other. So, Yu. N. Starilov believes that the main goal of the public service is the practical implementation of the functions of the state, the solution of its tasks, ensuring the welfare of society, satisfying public interests on the basis of the principles and provisions established in the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Federation. In turn, A.F. Nozdrachev identifies the following goals of public service:

  • - streamlining the work of the state apparatus;
  • -establishment of requirements for functions and powers for civil service positions;
  • - determination of the competence and professional training of civil servants;
  • - regulation of methods and procedures for analyzing and evaluating the effectiveness of the functioning of the state apparatus;
  • - the formation of conditions for the provision of civil servants, including material, social and legal guarantees of the civil service.

It is easy to see that in the latter approach to defining the goals of the civil service, government officials focus mainly on the needs of the apparatus, while the needs and interests of people appear as if in the background.

In the author's opinion, the goals of the civil service should coincide with the national goals. In this regard, the point of view of G.V. Atamanchuk deserves attention, who believes that the meaning and goals of a normal state consist in that and only in contributing to the material and spiritual development of its people.

Each social subsystem has its own main goal, but it is subordinate to the main goal of the state. The main goal of a democratic rule-of-law state can be considered the creation of conditions that allow citizens to achieve civilized living standards, to freely develop the human personality. Enterprises, organizations, institutions, municipalities, subjects of the Federation can strive to achieve their own goals, focusing on the main goal of the state. Otherwise, the state will collapse.

At present, Russia does not have a clearly structured "tree of goals".

The formulation of the objectives of the civil service is a rather complex and contradictory process. A rational approach to setting goals for public service is based on the exchange of views of the political elite and the majority of citizens on the deep needs and interests of the people united in the state. If this is not observed, then the self-preservation of the seized power-property turns into the only goal of the existence of the state regime. As M. Dmitriev notes, "the goals for the state apparatus are not defined and are replaced by technologies. This opens up the scope for the state apparatus to realize its own goals and use" informal "control levers. As a result, the state apparatus weakly protects the interests of society, large social groups, but well protects their own, departmental, "clan", neutralist or regional interests, interests of groups.

The objectives of the civil service can be classified on various grounds:

  • - according to the degree of public importance: a) strategic, related to the quality of life of society, its preservation or transformation; b) tactical, defining specific actions in time and space to achieve strategic goals;
  • - by results: a) final; b) intermediate;
  • - by time: a) long-term; b) medium-term; c) short-term;
  • - by spheres of public life: a) economic; b) political; c) social; d) spiritual.

Goals need to be aligned in order for them to support and mutually condition each other.

When clarifying the tasks of the civil service, it is necessary to take into account that civil servants are actively involved in the development of draft laws, programs expressing the domestic and foreign policy of the country, proposals for changes in the structure of state bodies, current decisions of public authorities. Therefore, among the main tasks of the civil service, the following can be distinguished:

  • - ensuring the constitutional order;
  • - development of a strategy for the economic, social, political development of the country;
  • - selection of personnel capable of implementing the country's development strategy;
  • - creation of organizational structures of state power;
  • - making decisions on important operational issues in the life of the country;
  • - protection of the rights, freedoms and legitimate interests of citizens, the creation of conditions for the development of the human personality;
  • - creation of the necessary conditions for the implementation of the functions of state bodies.

In the public administration system, the public service is designed to fulfill a twofold task. Firstly, this is the provision of administrative (apparatus) support to the political leadership of the country, and secondly, the study of management problems and the interests of all segments of the population, which is so necessary for state bodies.

Each type of civil service fulfills its tasks specified in regulatory legal acts.

The goals of the civil service can be classified according to the following criteria.

  • 1. Social:
    • a) execution and maintenance of the powers of the state and its bodies;
    • b) solution of nationwide management tasks;
    • c) execution of public affairs;
    • d) the practical implementation of the function of the state;
    • e) creating conditions for communication between the state apparatus and the people.
  • 2. Economic:
    • a) increasing the efficiency of state regulation of the economy;
    • b) management of state property on behalf of the state;
    • c) support for entrepreneurship;
    • d) securing funding for public service costs;
    • e) reducing the cost of maintaining the state apparatus.
  • 3. State-political:
    • a) strengthening the rule of law social state;
    • b) organizational and technical support of public authorities;
    • c) creation of conditions for communication of the state apparatus with the population;
    • d) fulfillment of constitutional requirements for state support of the social sphere;
    • e) ensuring the welfare of society.
  • 4. Organizational:
    • a) ensuring the powers of state bodies;
    • b) bringing the structure of the state apparatus in accordance with the objectives of the civil service;
    • c) improvement of norms, standards, rules for regulating the composition of the state apparatus, promotion.
  • 5. Legal:
    • a) implementation by civil servants of the country's legislation;
    • b) development of specialized legislation on public service;
    • c) ensuring compliance with the laws of the country;
    • d) creation of legal conditions for the normal functioning of the state apparatus.

Civil service as a phenomenon can be considered in various aspects: as one of the types of professional management activities, as a legal institution, as a social phenomenon, etc.

In domestic legislation, civil service is understood as a professional activity to ensure the execution of the powers of state bodies. As a leading feature in the definition of this concept, professional activity is highlighted, which is carried out on the basis of special knowledge and skills, consisting in continuous, successive and competent provision of the powers of state bodies by persons in public positions.

Considering the functions of the civil service, first of all, it should be noted that it itself “can be understood in a functional sense, ie. as a specific type of state activity of personnel, the official apparatus of state bodies, the activity of administrative and managerial structures. "

The activities of civil servants are manifested (carried out) in the following functions:

  • 1) law enforcement function - the implementation of powers of a regulatory and administrative nature; exercise of state powers on behalf of the state or a state body in the performance of official duties;
  • 2) law-making function - the development and adoption of normative legal acts, the issuance of legal and authoritative prescriptions for various subjects of law in the system of state-administrative hierarchy, legislative activity, the issuance of orders and orders; their preparation, acceptance and execution; giving instructions, etc .;
  • 3) regulatory function - the development and implementation of state policy in all spheres of society, the implementation of jurisdictional powers and actions, i.e. application of measures of state coercion to individuals and legal entities; ensuring the alignment of various interests;
  • 4) organizational function - ensuring the practical implementation of the competence of state bodies, performing organizational actions and material and technical operations (holding various kinds of meetings, operatives, conferences, meetings, examinations, inspections, etc.);
  • 5) human rights function - the implementation of measures to ensure and protect the rights and freedoms of man and citizen, their observance of their obligations to the state; state and other bodies - to citizens.

Civil servants, as we can see, perform a greater volume of direct administrative and managerial functions, such as: public administration, state-oriented measures, state control and supervision, state planning and forecasting, state accounting, state leadership and coordination.

Thus, in a practical and functional sense, a civil service is a law-based activity of the personnel of state bodies of representative, executive and judicial power, consisting in the implementation of state power in various spheres of public life in order to fulfill the tasks and functions of the state.

The sources of legal regulation of the construction and functioning of the civil service are primarily the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, as well as constitutions, charters, laws and other regulatory legal acts of the constituent entities of the Russian Federation. The Constitution of the Russian Federation, federal laws, constitutions, charters and laws of the constituent entities of the Russian Federation cannot regulate literally all issues of the structure and functioning of the civil service, especially since in a number of areas such laws have not yet been adopted. Therefore, the existing "gap" in this legal field is filled with other regulatory legal acts: decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, orders and orders of federal ministries and departments, similar documents at the level of constituent entities of the Russian Federation. For ease of use, they are published in the corresponding collections, and not only published in periodicals or departmental press.

Giving a characterization of such an element of the general organization of the civil service as a civil service position, let us turn to Article 8 of the Federal Law "On the System of Civil Service of the Russian Federation", which says:

Civil service positions are established by federal law or other regulatory legal act of the Russian Federation, law or other regulatory legal act of a constituent entity of the Russian Federation.

According to the types of civil service, civil service positions are divided into:

  • - positions of the federal state civil service;
  • - positions of the state civil service of a constituent entity of the Russian Federation;
  • - military positions;
  • - positions of the law enforcement service.

Civil service positions are divided into categories and (or) groups in accordance with federal laws on the types of civil service and the laws of the constituent entities of the Russian Federation on their civil service.

The ratio of the positions of the federal state civil service, military positions and positions of the law enforcement service is determined by the Decrees of the President of the Russian Federation.

The ratio of the positions of the federal state civil service and typical positions of the state civil service of the constituent entities of the Russian Federation is determined by federal law or by a decree of the President of Russia.

According to article 9 of the federal law on the system of civil service of the Russian Federation, the Register of positions in the federal civil service is formed by:

  • - lists of positions in the federal public service;
  • - lists of typical military positions;
  • - Lists of typical positions of the law enforcement service. All these lists are approved by the President of the Russian Federation.

The register of positions in the state civil service of the constituent entity of the Russian Federation is approved by the law (other regulatory legal act) of the constituent entity of the Russian Federation.

The register of positions in the federal civil service and registers of positions in the state civil service of all constituent entities of the Federation constitute the "Consolidated register of positions in the civil service of the Russian Federation."

It is also important to emphasize how the problem of implementing the competence of the Russian Federation and the competence of the constituent entities of the Russian Federation in the field of establishing and legal regulation of civil service relations is being solved. At the same time, we point out that Article 71 of the Constitution of Russia clearly and unequivocally refers to the jurisdiction of the Russian Federation federal public service.

The issues of public service of the constituent entities of the Russian Federation within the meaning and spirit of constitutional novellas (Articles 72, as well as paragraphs 2 of Articles 76 and 77 of the Constitution of the Russian Federation, taken in their interconnection) are referred to the subjects of joint jurisdiction of the Russian Federation and its subjects, and therefore, are regulated by federal laws on public service and laws (and other regulatory legal acts) of the respective constituent entities of the Russian Federation.

This, by the way, is widely implemented in the modern practice of legal regulation of the state service activities of the constituent entities of the Russian Federation.

The question of the goals and objectives of the civil service, despite its importance, is largely posed in nature. The fact is that the methodology of goal-setting in management in general and in public administration in particular is the least developed. The goals of the civil service can be viewed as a form of awareness and consolidation by state bodies in the relevant regulatory legal acts of socially significant urgent problems.

At present, Russia does not have a clearly structured "tree of goals". There are not many theoretical developments on this score, moreover, they often contradict each other. So, Yu. II. Starilov believes that the main goal of public service is the practical implementation of the functions of the state, solving its problems, ensuring the welfare of society, satisfying public interests on the basis of the principles and provisions established in the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

In turn, A.F. Nozdrachev identifies the following goals of the civil service:

  • - streamlining the work of the state apparatus;
  • - the establishment of requirements for functions and powers for civil service positions;
  • - determination of the competence and professional training of civil servants;
  • - regulation of methods and procedures for analyzing and evaluating the effectiveness of the functioning of the state apparatus;
  • - the formation of conditions for the provision of civil servants, including material, social and legal guarantees of the civil service.

It is easy to see that in the latter approach to defining the goals of the civil service, government officials focus mainly on the apparatus needs, while the needs and interests of people are in the background.

Objectives of the civil service can be classified:

  • 1) according to the degree of public importance:
    • - strategic, related to the quality of life of society, its preservation or transformation;
    • - tactical, defining specific actions in time and space to achieve strategic goals;
  • 2) based on the results:
    • - final;
    • - intermediate;
  • 3) by time:
    • - long-term;
    • - medium-term;
    • - short-term;
  • 4) by spheres of public life:
    • - economic;
    • - political;
    • - social;
    • - spiritual.

When clarifying the tasks of the civil service, it is necessary to take into account that civil servants are actively involved in the development of draft laws, programs expressing the domestic and foreign policy of the country, proposals for changes in the structure of government bodies, current decisions of government bodies, in the provision of public services. Therefore, among the main tasks of the civil service the following can be distinguished:

  • - ensuring the constitutional order;
  • - development of a strategy for the economic, social, political development of the country;
  • - selection of personnel capable of implementing the country's development strategy;
  • - creation of organizational structures of state power;
  • - making decisions on important operational issues in the life of the country;
  • - protection of the rights, freedoms and legitimate interests of citizens, the creation of conditions for the development of the human personality;
  • - creation of the necessary conditions for the implementation of the functions of state bodies.

According to V. D. Grazhdan, in the system of public administration, the civil service is designed to fulfill a dual task. First, this is the provision of administrative (apparatus) support to the political leadership of the country; secondly, the study of the problems of governance and the interests of all strata of the population, which is so necessary for state bodies.

Thus, each type of civil service fulfills its tasks specified in regulatory legal acts.

The concept of "functions of the civil service" and their types have not yet been defined in regulatory legal acts, which reflects one of the gaps in the legal regulation of this institution. In the scientific and educational literature, the question of the functions of the civil service is predominantly staged in nature. Some authors understand the functions of public service as independent and relatively isolated types of public service activities. Others consider the functions of the civil service as an organization for the practical implementation of legal norms.

Civil service functions- the main directions of the influence of civil servants on public relations in order to achieve the goals and objectives of the state.

It can also be argued that the functions of the civil service generally coincide with the functions of public authorities and public administration. The last statement is based on the fact that the civil service, in accordance with the legislation of the Russian Federation, is called upon to ensure the powers of government bodies.

The functions performed by civil servants are divided into socio-political (general) and specially legal.

TO general functions of the civil service can be attributed:

  • - management of public affairs (in this regard, the civil service can be considered as an organizational institution);
  • - goal-setting - a function, the purpose of which is to determine the parameters of the optimal functioning of the state and society as a whole, the model of its future development, the algorithm of public administration;
  • - forecasting and modeling the development of society and state bodies (this function is based on the analysis of trends in social development, it is associated with the anticipation of changes in society and state authorities caused by any events or targeted actions);
  • - planning is a decision made in advance about what to do, when to do it and who will do it in state bodies (during planning, directions, proportions, rates, quantitative and qualitative indicators of the development of certain processes in society and state bodies are determined);
  • - organization - the creation and ordering of the structure of the civil service and state bodies, their states, public administration processes for the sustainable and dynamic development of society and state bodies (the purpose of the civil service is to organize the life of citizens and, as you know, civil servants directly or indirectly ensure the process social organization of a person);
  • - control - establishment of compliance or inconsistency of indicators of the development of society and public service with internal or external standards and the level set by plans and programs;
  • - accounting - fixing in quantitative terms the processes occurring in society and in the public service;
  • - coordination - coordination of the activities of various state bodies to achieve common goals and objectives of the state;
  • - information support of the activities of state bodies and the life of society, i.e. collection, receipt, processing, analysis of information necessary for the implementation of state activities.

In recent years, the civil service is increasingly viewed as producer of public social services. It's about education, health, safety, etc. Therefore, we can talk about such a function of the public service as the production of public services.

The civil service performs educational function. It plays an important role in the formation in the public consciousness of a respectful attitude towards the human person, institutions of state and law.

For the dynamic development of society, it is of great importance the regulatory function of the civil service. Civil servants play an active role in regulating relations between social groups in the economic, political, social and ideological spheres of society. For these purposes, rules, standards are established, the direction of actions of citizens and civil servants is set. This manifests itself in the development of various programs, bills, and political decision-making.

TO special legal functions of the civil service relate:

  • – law-making(civil servants take an active part in the development of draft regulatory legal acts, their expertise, analytical and reference work of the law-making process);
  • – enforcement(civil servants implement the norms of the constitutions, laws and other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation).
  • – law enforcement(civil servants protect the established norms of law from violations by the subjects of legal relations; for this purpose, control and supervision bodies, methods of coercion are used).

The specific functions of civil service structures and civil servants are established by the provisions on structural divisions of the apparatus of state power bodies and job descriptions.

The functions of the civil service are carried out using legal, economic, organizational and administrative, social and psychological methods.

  • Cm.: Starilov D.N. The course of general administrative law: in 2 volumes.M .: Porma-INFRA, 2002.Vol. 2.P. 42.
  • Cm.: A.F. Nozdrachev Civil Service: A Textbook for the Training of Civil Servants. M .: Statut, 1999.S. 73.
  • Cm.: Citizens V.D. State civil service: textbook, manual. M .: Yurkniga, 2005.S. 48.
  • See: Ibid. P. 50.