LawState and Law

Municipal service

The term "municipal service" has relatively recently appeared in the legislation of Russia. The content of the concept is directly related to the understanding and legislative establishment of local (territorial) self-government, the system of its bodies. This issue previously had to do with the civil service, through which the state and municipal service was, in fact, disclosed and regulated. However, in recent years there has been a separation of the legal path.

The municipal service refers to an independent part of the professional power public apparatus of the state. This, in turn, affects the nature of the activities of persons working in it and realizing its powers. The passage of the municipal service is considered as one of the types of paid socially useful activity. This activity involves management and organization.

Municipal service is one of the tools for realizing the power of territorial (local) self-government bodies.

The term "municipium" was called in the Roman state provincial cities. In these cities, the free population had a full or limited right to self-government and Roman citizenship.

In Western countries, this definition was used to designate a self-governing community. The municipality refers to the body of territorial self-government and the building that it occupies.

During a certain period in Russia all employees of territorial bodies were government employees. In other words, local Soviets and executive committees were state bodies. Subsequently, the local government adopted an independent form of realization of democracy.

The municipal service, detached from the government, facilitated the formation of territorial government in Russia as a special level of power. The first legislative acts, which fixed the concept of local self-government, reflected the general principles of activity. At the same time, the laws did not use the concept of "municipal service". Initially, the work in these bodies was considered part of government activities. Employees of the same municipal and public service were treated equally. In accordance with this view, the essence of the position was determined. Thus, the municipal employee was a public employee who worked in the territorial self-government body.

The Constitution contains provisions that consolidate and ensure the independence of the branch under consideration . Thus, according to the Law, territorial bodies are not included in the system of state power bodies. This norm, combined with a number of other provisions and regulations, formed the basis for the newly formed structure of local self-government. This model has significant differences from the RSFSR, established earlier by the Law. Thus, Russia has laid the legal framework for the formation of a new type of official activity - the municipal service.

The Constitution also establishes certain features of the activity under consideration. Thus, the municipal and state service is demarcated .

The second is the professional activity of Russian citizens, which provides for the enforcement of certain powers: federal bodies of state power, subjects of the Russian Federation, the Russian Federation, persons who replace positions established by the Constitution, and others. The municipal service is considered as a professional activity carried out on a permanent basis for the exercise of powers in the bodies of territorial self-government.

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