Last update - 06/24/2014
In the near future, Russian civil servants will most likely no longer be able to open accounts in banks outside of Russia, as well as store valuables and funds abroad. Russian President Vladimir Putin introduced a bill to the State Duma banning government officials from having accounts in foreign banks. The law will primarily affect government officials who are involved in resolving issues of national security and sovereignty of the country. In 2013, Vladimir Putin signed a similar law regarding members of the Russian government - they were prohibited from having foreign accounts and securities abroad.
AiF.ru tells what is currently prohibited for Russian civil servants.
Gifts and rewards
When exercising official powers, civil servants cannot receive remuneration from individuals and legal entities in the form of:
- gifts worth more than 3,000 rubles;
- payment of expenses for recreation and entertainment;
- payment of transportation costs;
- payment of mobile communications expenses and other rewards.
Officials who received gifts worth more than 3,000 rubles must hand them over to the state, but if they wish, they can redeem them through official means. Officials can keep gifts below the above amount without registration.
Specifics of professional activities of civil servants
Definition 1
Professional activities of civil servants are activities carried out by civil servants who have special skills and knowledge, a certain level of education and training.
The activities of civil servants are regulated by certain principles, including the principle of professionalism. It is this principle that allows us to consider public service a professional activity, the essence of which boils down to the execution of the powers of government bodies.
This type of professional public service activity is aimed at performing a set of special job responsibilities for the remuneration that is paid by the state at the expense of a certain budget.
Civil service as a professional activity is distinguished by the following features:
- firstly, the civil service must act as a guarantor of stability in the state;
- secondly, the civil service ensures the consistency of the interests of the population and the state;
- thirdly, the civil service guarantees the maintenance of order through the performance of power functions.
Finished works on a similar topic
- Coursework Professional activities of state and municipal employees 490 rub.
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The performance of civil service is distinguished by its public nature, its task is to unite the state and the individual, on the one hand, it expresses the interests of certain groups of the population, on the other hand - government bodies.
Government activity as a professional activity is characterized by a certain ambiguity and inconsistency.
A manifestation of these qualities is the dual position of government civil servants, who, on the one hand, act as intermediaries between society and the state, serving their interests, and on the other hand, control real powers that can influence the quality of life of society.
Civil servants act as an intermediary between the population and the state, or more precisely, between those who are at the head of the state, determining the content of its policies in specific areas of human life, and the performers who ensure the implementation of these policies. The public service system is under the influence of outdated management tools and the objective requirements of the current stage of development of society. Public service is carried out in a decorative sense in accordance with general democratic values, which act as basic guidelines for social development. At the same time, the civil service in practice is often characterized by informational secrecy, opacity, a high level of bureaucracy, which contradicts the interests of citizens and negatively affects the image of civil servants. Thus, civil service has a certain prestige, but at the same time ensures that citizens develop a negative image of officials.
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This contradiction in the civil service is distinguished by its objective nature, because the civil service, designed to ensure the legal and social security of citizens, simultaneously solves the problem of saving all types of resources.
Another contradiction of civil service as a professional activity is, on the one hand, the mandatory normative regulation of the activities of civil servants, and on the other hand, the need for a certain creative approach to its implementation. The contradiction of civil service in this case lies in the presence of a constant conflict between the responsibilities of complying with formally established norms and rules and the need to make risky, creative decisions by civil servants.
To the fullest extent, public administration is carried out by federal executive authorities, the number of employees of which significantly exceeds the number of other civil servants.
The state civil service as a professional activity is distinguished by its uniqueness and ambiguity in relation to individual self-realization. It is based on strict moral principles and requires personal maturity, initiative and professional competence. At the same time, public service is characterized by a certain privileged status and the presence of temptations.
Restrictions
The Labor Code and Federal Law No. 79-F3 of May 27, 2004 establish a ban on part-time work for the following persons:
- business managers;
- persons holding an elected position in a local government body;
- persons holding a paid position in a trade union body.
At the same time, employees of the above categories are allowed to combine their main activities with teaching, scientific or creative activities.
It is illegal for civil servants to organize enterprises aimed at generating income.
Can an official earn extra money?
Every civil servant, regardless of academic degrees and titles, has the right to engage in scientific activities on a remunerated basis. If civil servants can exercise their right to pedagogical activity exclusively in the form of cooperation with educational institutions that have the appropriate license, then in their scientific activities they have the right to cooperate with any organizations that conduct scientific research; organize conferences, symposiums, seminars; carry out the publication and publication of scientific works, etc.
Unlike educational activities, scientific activities are not licensed. As for the concept of “other creative activity,” there is also no legislative definition of it, except in the sphere of culture. According to Art.
According to paragraph 2 of Art. 14 of Law No. 79-FZ, a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest.
Prohibitions related to civil service are established by Art.
In addition, the Regulations on the conditions of part-time work, approved, are currently still in force.
Resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 03/09/89 No. 81/604-K-3/6-84 (hereinafter referred to as the Regulations).
Part-time work from the point of view of labor legislation
In his free time from his main job, a civil servant has the right to be employed in another job . This provision is established by Article 14 of the Federal Law of May 27, 2004 No. 79-F3.
In order to get an additional job, an employee of a government agency must knowingly inform the employer of such a desire.
Moreover, if the employer sees the possibility of a conflict of interest, he may
refuse to allow the ward to work part-time in the relevant positions.
A conflict of interest primarily means that the implementation of job functions in an additional place of employment may reduce the quality of performance of duties at the main job.
The employee can challenge such a statement in court.
However, if a decision on the possibility of a conflict of interest is made by the anti-corruption commission, the civil servant will be denied the right to work part-time.
The decision of the anti-corruption commission is announced to the employee within several days after he sends a written request to the commission of his organization.
The Labor Code of the Russian Federation (Article 284) establishes that the duration of part-time work should not be more than half the standard working time for the specified position.
In other words, with a standard number of working hours, additional work is limited to four hours a day and 20 hours a week.
If for one reason or another (suspension from duties, long leave, etc.) an employee is not engaged in labor activity at his main job, then his employment in an additional position can be carried out in full (8 hours a day).
In this case, a new employment contract is concluded at the additional place of work.
The guarantees established by the Labor Code for employees must be fully observed in their second job. Here, the employee also has the right to rest, paid leave, sick leave, etc. Moreover, vacation at an additional job is granted at the same time as at the main one.
How to register an individual entrepreneur for a working person
The procedure for registering an individual entrepreneur for employed and unemployed citizens is identical. To obtain legal permission to run your own business, you need to collect a set of documents.
- Passport of a citizen of the Russian Federation.
- Applicant's Taxpayer Identification Number.
- Completed form P21001.
- Receipt for payment of state duty. In 2020, for opening an individual entrepreneur, its amount is 800 rubles. You will need the original and a copy of the payment document.
- Applications for transition to the simplified tax system in 2 copies. 1 of them will be returned after registering an individual entrepreneur with the Federal Tax Service mark.
The papers must be submitted to the Federal Tax Service or MFC office at the place of registration. After 3 working days, you must come to the office to receive documents. As confirmation of the existence of an individual entrepreneur, a registration certificate and an extract from the Unified State Register of Individual Entrepreneurs are issued.
Entrepreneurship and real estate investment
Let's look at whether a government employee can engage in entrepreneurial activity using the example of real estate investment.
Investment property
The second most popular (after bank deposits) investment instrument in the Russian Federation is real estate. It can be argued that simply purchasing investment property in the hope that its value will increase is not a business activity. With such an investment, the use of property (i.e., the extraction of its useful properties) does not occur, because the owner only owns the asset. Similarly, investments in construction at the excavation stage under the DDU agreement will also not be recognized as entrepreneurial activity.
Consequently, such a method of investment as purchasing or investing in real estate, subject to other restrictions and prohibitions, is fully available to government employees , since neither the purchase of real estate nor investments in its construction are entrepreneurial activities. The only thing worth keeping in mind when considering the possibilities of investing in such assets is the obligation of civil servants to report on their property in the prescribed manner, and also, for some categories of civil servants, on their expenses.
Rental business
Another type of investment in real estate is the acquisition, as a rule, of ready-made real estate for the purpose of renting it out. Business rante actually consists of the targeted purchase of real estate and its immediate rental. “Professional” rante are registered as individual entrepreneurs, which allows them to legally save on taxes, since the tax rate for individual entrepreneurs can be below 13%.
Can an official engage in the rental business? Will such activity be considered entrepreneurial (and, therefore, prohibited)?
Based on the ban on entrepreneurial activity, civil service and individual entrepreneur status are incompatible, and registration as an individual entrepreneur is not available to civil servants. However, many individual landlords also do not register as individual entrepreneurs.
The signs of entrepreneurial activity specified in the Code are of an evaluative nature and do not allow an unambiguous answer as to whether the activity of leasing real estate is entrepreneurial. The answer to this question can be given by judicial practice in administrative and criminal cases, where court decisions on specific cases provide criteria, signs of entrepreneurial activity and its differences from other activities.
Part-time work: types of schemes
According to Article 60 of the Labor Code of the Russian Federation, two types of part-time work are distinguished:
- Internal. Employment for another position occurs within the same enterprise.
- External. The employer is not the same as at the main place. New position outside the previous company.
In each case, the parties must sign an employment agreement. There is another concept with a similar meaning - “combination”. This means that the employee is assigned additional responsibilities from another position, but within the same enterprise.
The main difference between part-time work and internal part-time work is that the first situation involves the performance of new responsibilities in the course of the main work activity. In this case, it is not necessary to conclude an employment contract.
It is enough for the parties to reach mutual understanding. There are a number of distinctive features of internal and external part-time work. The differences are related to the registration procedure and making entries in the work book.
If employment is in the same enterprise, then an entry is simply made in the work book, which then remains in the custody of management. If the part-time job is external, you will need to issue an additional certificate regarding employment. It is transferred to the main place, where the necessary notes are then made.
When a part-time agreement is concluded, a corresponding note must be made in the employment contract.
