Goals, objectives and functions of the civil service. Goals, objectives and functions of the state civil service The service of the state body performs the functions
Question about goals and objectives civil service, despite its importance, is largely staged 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 considered as a form of awareness and consolidation by government bodies in the relevant normative legal acts socially significant current problems.
Currently, Russia does not have a clearly structured “tree of goals.” There are few theoretical developments in this regard, and they often contradict each other. So, Yu. II. Starilov believes that the main goal of the public service is the practical implementation of the functions of the state, solving its problems, ensuring the well-being 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;
- – establishing requirements for the functions and powers of government positions;
- – determination of the competence and professional preparedness of civil servants;
- – regulation of methods and procedures for analyzing and assessing the effectiveness of the functioning of the state apparatus;
- – formation of conditions for providing civil servants, including material, social and legal guarantees of civil service.
It is easy to notice that in the latest approach to defining the goals of the civil service, government officials focus mainly on administrative needs, and the needs and interests of people come into the background.
Public Service Objectives 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, determining 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 area 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 internal and foreign policy country, proposals for changes in the structure of government bodies, current decisions of bodies state power, in the provision of public services. Therefore among main tasks of the civil service the following can be distinguished:
- – ensuring the constitutional order;
- – development of a strategy for economic, social, political development countries;
- – selection of personnel capable of implementing the country’s development strategy;
- - Creation organizational structures state power;
- – making decisions on important operational issues in the life of the country;
- – protection of the rights, freedoms and legitimate interests of citizens, creation of conditions for the development of the human personality;
- - Creation necessary conditions to implement the functions of government bodies.
According to V.D. Citizen, in the public administration system, the civil service is intended to perform a dual task. Firstly, it is the provision of administrative (hardware) support to the political leadership of the country; secondly, the study of management problems and the interests of all segments of the population, which is what government agencies so desperately need.
Thus, Each type of civil service performs its own tasks established in regulatory legal acts.
The concept of “civil service functions” and their types have not yet been defined in regulatory legal acts, which reflects one of the gaps legal regulation of this institute. In scientific and educational literature, the question of the functions of the civil service is predominantly posed. Some authors understand the functions of the civil service as independent and relatively separate types of public service actions. Others consider the functions of the civil service as an organization of the practical implementation of legal norms.
Functions of the civil service– the main directions of influence of civil servants on public relations 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, according to law, Russian Federation designed to ensure the powers of public authorities.
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 is a function whose purpose is to determine the parameters of the optimal functioning of the state and society as a whole, a model of its future development, an algorithm for public administration;
- – forecasting and modeling the development of society and government bodies (this function is based on the analysis of trends in social development, it is associated with the anticipation of changes in society and government bodies caused by any events or targeted actions);
- – planning is decisions made in advance about what to do, when to do it and who will do it in government bodies (during planning, directions, proportions, rates, quantitative and quality indicators development of certain processes in society and government bodies);
- – organization – creation and streamlining of the structure of the civil service and government bodies, their staff, public administration processes for the purpose of sustainable and dynamic development of society and government bodies (the purpose of the civil service is to organize the lives of citizens and, as is known, civil servants directly or indirectly ensure the process social organization person);
- – control – establishing compliance or non-compliance of indicators of development of society and the public service with internal or external standards and the level specified by plans and programs;
- – accounting – recording in quantitative indicators processes taking place in society and in the public service;
- – coordination – coordination of the activities of various government bodies to achieve common goals and objectives of the state;
- – information support for the activities of government bodies and the life of society, i.e. collection, receipt, processing, analysis of information necessary for the implementation of government activities.
IN last years public service is increasingly seen as producer of government social services. We are talking about education, health care, 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 great importance It has 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 and regulations are established, and the direction of actions of citizens and government officials is set. This is manifested in the development of various programs, bills, and political decisions.
TO special legal functions of the civil service relate:
- – law-making(civil servants take an active part in the development of draft normative legal acts, their examination, analytical and reference work of the law-making process);
- – law enforcement(civil servants implement the norms of constitutions, laws and other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation).
- – law enforcement(civil servants protect established rules of law from violations by subjects of legal relations; for these purposes, control and supervision bodies and coercive methods are used).
The specific functions of civil service structures and civil servants are established by regulations on the structural divisions of the apparatus of public authorities and job descriptions.
The functions of the civil service are carried out using legal, economic, organizational, administrative, social and psychological methods.
- Cm.: Starilov D. N. Course of general administrative law: in 2 volumes. M.: Porma-INFRA, 2002. T. 2. P. 42.
- Cm.: Nozdrachev A. F. Civil service: a textbook for training civil servants. M.: Statute, 1999. P. 73.
- Cm.: Citizen V.D. State civil service: textbook, manual. M.: Yurkniga, 2005. P. 48.
- See: Ibid. P. 50.
1. Law enforcement function. Real implementation of the Constitution of the Russian Federation, laws and other regulatory legal acts of the state.
2. Rule-making function civil service is expressed in legislative, as well as in expert, analytical, reference work of civil servants and the process of preparing bills.
3. Regulating function . Development and implementation of public policy in all areas of society.
4. Law-making function. Development and adoption of regulatory legal acts.
5. Human rights function. This is to ensure the rights and freedoms of citizens. The civil service is called upon to serve the needs and interests of citizens, increase the effectiveness of legal protection of individuals, and apply measures of state coercion in cases established by law.
6. Organizational function . Ensuring the practical implementation of the competence of government bodies, internal consistency, their stable functioning and effective influence on processes in society.
The public service manifests itself in the development of various specific programs of government activity, in the adoption of all fundamental political decisions and in their actual implementation. In this sense, the civil service performs an important regulatory function. Its task is to ensure the coordination of various interests taking place in society.
The civil service is called upon to ensure coordination and streamlining 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 public positions;
Determining the competence and professional preparedness of civil servants;
Regulation of methods and procedures for analyzing and assessing the effectiveness of the functioning of the state apparatus;
Formation of conditions for providing civil servants, including material, social and legal guarantees of public 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 the most important features civil service are:
A clearly established hierarchy of positions;
Precise definition of job functions;
Appointment of officials on the basis of a contract;
The presence of a “career” in the form of a promotion system according to merit;
Selection of personnel taking into account abilities, professional qualifications, moral qualities;
The performance of an office as the sole and main occupation of the employee;
Strict discipline, control, responsibility.
In the modern period, the main innovations in the public service are also associated with the achievements of management science and, above all, public management. The construction of the state apparatus according to the model of M. Weber is complemented by the theory of informal organizations, the ideas of openness of the public administration system, its decentralization, managerialization, etc.
In this regard, the opinion of G.V. deserves attention. Atamanchuk that the civil service should bring to public administration a program-targeted approach, managerial professionalism, legal competence, organization and discipline, stability and reliability, attention and service to the needs of citizens, legality, efficiency, rationality.
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;
The dominance of positions and the patronage system of service;
Lack of clear goals and objectives of the service, criteria for its evaluation;
Underestimation of the place and role of the civil service in the system of government and management;
Assigning to politicians some of the functions of the civil service for which they are not equipped, etc.
The result of public service is the normal progressive development of that sphere of public life that falls within the competence of government agency.
At this stage of public administration reforms, the role of the civil service in management activities and in the implementation of government functions is objectively increasing.
Downplaying the role of the civil service, underestimating 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 eradication of existing organizational shortcomings, and the setting of new goals for the civil service will help increase its role in improving public administration, ensuring its efficiency and rationality.
The goals and objectives of the civil service are subject to much controversy. The issue of methods for setting goals in management is complex and practically undeveloped, therefore, we will consider the goals of the civil service to be a form of reflection of social important issues in regulations.
Due to the fact that in modern Russia There is no specific hierarchy of goals and there are few theoretical explanations; those that exist are often contradictory.
According to Yu. Starilov, the main goal of the public service is to practically perform the functions of the state, solve its problems, preserve the well-being of citizens, and satisfy public interests in accordance with the Constitution of the Russian Federation and regulations.
A.F. Nozdrachev, on the contrary, describes the goals of the civil service as follows:
- management of the work of the state apparatus;
- formation of requirements for government positions;
- determining the level of training of civil servants;
- carrying out analysis and assessment of the effectiveness of the government apparatus;
- provision of security guarantees for civil servants.
In this approach to defining the goals of the civil service, the emphasis is on the administrative needs of officials, while the needs and interests of the people are not taken into account.
Summarizing what has been studied, we can identify several characteristics of the goals of the civil service for their classification:
- by priority level:
- strategic;
- tactical;
- according to the results:
- final;
- preliminary;
- by timing:
- long-term;
- average;
- short;
- in the field of public life:
- economic;
- political;
- social;
- spiritual.
Objectives of the civil service
Due to the fact that civil servants take part in the preparation of draft regulatory documents, management plans, introduce initiatives for changes in the composition of government bodies, and provide public services, the following can be identified among the main tasks of the civil service:
- fulfillment of the tasks set by the Constitution of the Russian Federation;
- development of a country development strategy;
- search for personnel capable of implementing the country’s development plan;
- formation of the composition of state power;
- making decisions on important current issues in the life of the country;
- protection of the rights, freedoms and legitimate interests of citizens, ensuring the proper development of the human personality;
- creation of necessary conditions for the performance of functions of government bodies.
V.D. Citizen believes that the civil service in the public administration system performs two tasks simultaneously. The first task solves the issue of supporting political leadership in administrative (hardware) work; and the second - in the study of the difficulties arising in the management and representation of the interests of all segments of the population.
Note 2
Thus, the tasks for each type of public service are enshrined in regulatory legal acts.
Functions of the civil service
The concept of “civil service functions” and their types have also not been studied and are not formulated in regulatory legal acts.
Some researchers include independent and individual species official activities. Others talk about practical compliance with legal norms.
But in a general sense, we can say that the functions of the civil service include the main directions of influence of civil servants on public relations to achieve the goals and objectives of the state.
Based on the fact that the bodies of state power and public administration belong to the civil service, their functions coincide. This provision is based on the fact that the powers of public authorities, according to the legislation of the Russian Federation, are ensured by the civil service.
The functions performed by civil servants can be divided into general and special.
The general functions of the civil service include:
- management of affairs in a general sense;
- determination of the correct model of development of the state and society, its implementation;
- analysis of the nature of social development and forecasting changes;
- analysis decisions made and foreseeing the results of these decisions in terms of the pace, indicators and processes of development of society;
- organization proper operation government bodies in the provision of public services;
- compliance of the actual indicators of development of society and the state with the planned ones;
- taking these indicators into account;
- coordination of the activities of various government bodies to achieve common goals and objectives of the state;
- collection, receipt, processing, analysis of information necessary for the implementation of government activities.
Recently, the public service has been perceived by society as a body that provides state social services, in particular in the areas of education, healthcare, security, etc. In this regard, it is possible to take into account such a function of the public service as the production of public services.
Based on the fact that public service forms in society a respectful attitude towards the human person, state bodies and law, then when dynamic development In society, the civil service must perform an educational function.
Civil servants participate in the development of programs, laws and political decision-making, and balance relations between different social strata of the population in all areas of society. Therefore, one of the functions is regulatory.
The special functions of the civil service include:
- creation of bills, because civil servants are involved in this process;
- application of laws in society;
- protection of the law. To perform this function, control and supervision bodies have been created, and coercive methods are used.
In the regulations on the structural divisions of all government bodies and job descriptions civil servants' functions are clarified and tasks are specified.
Note 3
The use of legal, economic, organizational, administrative, socio-psychological methods makes it possible to perform the functions of the public service.
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The term “public service” was formed in Russia in the 90s. Then, for the first time, documents were accepted that mentioned this term. Before this, this term characterized all employees who work in state institutions and organizations. In some countries this understanding remains to this day.
The modern definition was formed from year to year, undergoing various changes until it came to its present form. Over the years, a lot of regulatory documents, the main of which were the Regulations on the Civil Service and the Law “On the Fundamentals of the Civil Service.” It was after the adoption of these documents that relations in the field of work of civil service bodies began to develop.
According to the laws, public service is the activity of Russian citizens to ensure the powers:
The Russian Federation states as a whole;
Authorities;
Subjects of Russia;
Persons who fill positions legally established by the Constitution.
Ensuring authority, in this definition, denotes the direct meaning of the organization itself and includes the organization, management, planning and control of all activities.
So, based on all of the above, public service implies:
Activities significant for the state;
This is only a sector of government activity that ensures the implementation of regulatory powers;
The subjects of this activity are subject to specific requirements that characterize state policy.
When talking about public service, it is necessary to understand that this is service to the state and its specific interests. State tasks are carried out, functions are carried out by people who are staff members in government bodies. With the exception of service personnel.
Types and principles of public service
The legislation shows: the federal civil service and the civil service of the subjects that are under the jurisdiction of Russia.
Federal public service is the activity of employees who exercise state and legal status, have certain powers and their competence extends within the limits of the Constitution of the Russian Federation. Carried out in the system of judicial and executive authorities. These bodies include: the Government Apparatus, the Presidential Administration, the chambers of the Federal Assembly, the Supreme Court, the Accounts Chamber, and others.
The civil service of the subjects is controlled by laws adopted by the legislative bodies of each of the subjects. Therefore, in order to understand the essence of the public service of each subject, it is necessary to study each subject separately.
There are other classifications of species. Also, the civil service can be civilian and militarized.
Civil law can be general or special. General carries out general functions that do not differ in special factors. In turn, the special civil service implements specific, industry-specific goals.
Militarized civil service - service in the armed forces, internal affairs bodies, government communications departments, tax police, and other law enforcement agencies. It differs from the civil public service in the following aspects:
It has special statutes, various disciplinary provisions;
Employees of these services must meet specialized conditions.
The principles of public service are a semantic complex that establishes various rules and laws, tasks and functions, and powers for entities whose activities are related to the public service. The principles define the essence of relationships in the field of public service.
Modern aspects of the civil service are tracked in various documents and are implemented by employees through the performance of daily professional activity. They can be divided into constitutional and organizational.
Constitutional principles are reflected in regulations, documents, and resolutions. These include the following principles:
The principle of the primacy of the Constitution as the main document of the state;
The principle of primacy and significance of the rights and freedoms of citizens;
The principle of comprehensiveness and consistency of public service;
The principle of distinguishing three vectors of power (legislative, executive, judicial)
The principle of equal rights of citizens when recruiting for work in public service bodies.
Organizational principles include ways of creating and functioning of the public service, ensuring its effectiveness and direction. These include the following principles:
The principle of subordination and diligence of some civil service employees to other employees who are higher in the official hierarchy;
The principle of commonality of basic rules and requirements inherent in the civil service;
The principle of highly qualified and professional civil service employees;
Transparency policy implemented by the civil service;
The principle of constancy of personnel available to the civil service.
Functions of the civil service and its regulation
When we talk about the functions of the civil service, we mean the direct activities of civil servants. This activity includes the following functions:
Legitimate function - consists in the exercise of regulatory and distributive powers, the execution of state powers on behalf of the state or a government body;
The law-forming function consists of the creation and development of normative legal acts, the creation and use of laws and other important documents;
Regulatory function - based on the development and implementation of state policy in all spheres of life, the implementation of legal powers, the use of a system of state coercion towards individuals and ensuring their interests;
Organizational function - includes the implementation of the competence and legitimacy of government bodies, the implementation of organizational measures and technical operations that contribute to organizational processes;
Legal function - consists of implementing activities that contribute to ensuring the rights of citizens and fulfilling obligations to the state.
It can be said that the civil service consists of the activities of civil servants, which consists in the implementation of all branches of government in various spheres of society, with the aim of implementing the principles, tasks and functions of the state.
The basis of legal policy and functionality of the civil service are laws, decrees, regulations, orders and other legal acts. The Constitution in its form cannot absorb all the aspects that will allow regulating the activities of the civil service, therefore there are a lot of other documents that can improve this process.
Now let’s look at what the definition of a civil service position means. According to the documents, the civil service position is determined and approved by laws or other acts.
Positions in the civil service are divided into the following:
Civil federal structure positions;
Civil service positions of a constituent entity of the Russian Federation;
Military positions;
Law enforcement positions.
List of civil service positions;
List of existing military positions;
Model lists of law enforcement positions.
Civil service positions are distinguished according to the following aspects:
By type of activity - managerial, controlling, planning, etc.;
According to the scale of distribution - typical and individual.
By availability of jobs – occupied and vacant;
According to the relationship between civil servants and the positions they occupy, they are divided into groups: 5th group (senior positions), 4th group (main positions), 3rd group (leading positions), 2nd group (senior positions), 1 -I group (lower positions).
How to enter the civil service
According to the Constitution of the Russian Federation, there is equal access for citizens of the country to enter the civil service. At the same time, the main factors for selecting candidates are professionalism, stress resistance, integrity and high labor productivity.
A citizen cannot be accepted into public service if:
Is declared incompetent by a court decision or has limited legal capacity;
Deprived of the right to work in government bodies by order of the court;
If there are diseases confirmed by a medical certificate that do not allow you to perform your job duties;
Reluctance to undergo a special procedure for access to public service information;
Citizenship of another state, with the exception of special cases;
Close relationship with government officials, except in certain cases;
Reluctance to provide the necessary data for entering the civil service.
It is possible to enter the civil service through appointment, enrollment, selection or competition. Each method is prescribed in special laws and is carefully controlled.
Enrollment occurs when additional staff positions are filled. It is formalized by special acts, an employment contract is concluded or.
Appointment to a position is characterized by the same legal aspects, differs only in the specific administrative act. Persons who hold a position by appointment are limited to management positions.
Elections to office are a fairly common method. They are chosen from those who are elected, there is no need to draw up an act, but an employment contract based on the results of the electoral process.
The essence of the competition is that the position is filled through competition between candidates. The specifics of the competition are established at the legislative level. At the moment, a competitive basis is a common way of replacing personnel.
The civil service of the Russian Federation is a legal structure that does not stand still and is in constant development. It is transformed, updated with new tools, and changes under the influence of external and internal factors. This suggests that this area needs to be developed and reformed.
Reform is a consequence of multiple factors:
The need to create and consolidate a new modern statehood in Russia;
The division of state power into three directions: legislative, executive and judicial;
Promoting legal changes;
Improving the economic climate;
Consolidation of the highest bodies of state power and local self-government;
Formation of the apparatus of state and municipal power;
Development of principles and methods of new personnel public policy;
Carrying out activities to strengthen state authorities.
Legal regulation needs to be given more time; it lags behind the processes of economic and political development. Because the civil service is no less important as a public institution, it is designed to ensure stable and lawful government. It is also capable of playing a decisive role in the implementation of stable processes in the social, political and economic life of the state.
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Legal protection of the Constitution understand the creation of the necessary conditions, the development of appropriate guarantees, the improvement of state legal means and methods of ensuring the operation of constitutional norms. In the special meaning of P.o.K. involves the use of specific constitutional and legal means in order to ensure the supremacy of the Constitution in the legal system.
Legal forms (methods) of protecting the Constitution: protection of the Constitution by the President of the Russian Federation - the guarantor of the Constitution; the activities of the Constitutional Court as a specialized body of constitutional control in the Russian Federation; state bodies authorities, local self-government bodies, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws, the Commissioner for Human Rights.
The norms and principles included in Ch. " Fundamentals of the constitutional system", constitute a certain system. They can be divided into four main groups:
1) humanistic foundations of the constitutional system; 2) the main characteristics of the Russian state; 3) economic and political foundations of the constitutional system; 4) the basics of the organization of state power.
Constitutional characteristics of the Russian state: 1.Democratic political regime 2. Federal form of structure (83 equal subjects - republics, territories, regions, federal cities, autonomous regions, autonomous districts) 3. Legal (rule of law) 4. Republican form of government (elected authorities) 5. Social (the policy of which is aimed at creating conditions that ensure a decent life and free development of people) 6. Secular (no religion can be established as state or compulsory, religious associations are separated from the state and are equal before the law)
Goals, objectives and functions of the state civil service of the Russian Federation; principles of state civil service; types of state civil service);
Goals:
1. streamlining the work of the state apparatus; 2. establishing requirements for the functions and powers of public civil positions; 3. determination of the competence and professional preparedness of state civil servants; 4. regulation of methods and procedures for analyzing and assessing the effectiveness of the functioning of the state apparatus; 5. formation of conditions for providing state civil servants, including material, social and legal guarantees of the state civil service.
Tasks:
1.ensuring the constitutional order; 2. development of a strategy for the economic, social, political development of the country; 3. selection of personnel capable of implementing the country’s development strategy; 4.creation of organizational structures of state power; 5. making decisions on important operational issues in the life of the country; 6.protection of the rights, freedoms and legitimate interests of citizens, creating conditions for the development of the human personality; 7.creation of the necessary conditions for the implementation of the functions of government bodies.
Functions:
1.Law enforcement- real implementation of the Constitution of the Russian Federation. 2. Lawmaking- development and adoption of regulations. 3. Human rights- ensuring the rights and freedoms of citizens. 4. Regulatory- development and implementation of state policy in all areas of society. 5.Organizational- ensuring the practical implementation of the competence of government bodies, internal consistency, their stable functioning and effective influence on processes in society
