Code of Conduct for Civil Servants of the Russian Federation. Model Code of Ethics and Official Conduct for Civil Servants of the Russian Federation (draft)

The Code of Ethics consists of 4 chapters, each of which regulates certain important aspects of the ethical behavior of state and municipal employees.

The first chapter contains general provisions. Namely, the subject, scope and purpose of the code. Its main mission is to provide a unified moral and normative basis for the behavior of state and municipal employees.

The second chapter of the code sets out the basic principles and rules official behavior, which should guide state and municipal employees.

“Article 3. Basic principles of official conduct of state and municipal employees,” reveals the general principles of behavior of a civil servant listed earlier. This is one of the important articles of the code that forms the framework of official conduct. Here I would like to dwell in more detail. Quoting paragraph 2 of Article 3 “...State and municipal employees, conscious of responsibility to the state, society and citizens, are called upon to:..” it should be noted that, in fact, important responsibilities for the good of society and the image of state bodies are called upon. There is a significant difference between the concepts of call and duty. A call can be qualified as a free opportunity to perform any positive or negative actions permitted by law, custom or any other source of law. Obligation is the compulsion of any positive or negative actions, no matter whether it stems from internal motivations or from external pressure. To achieve the mission of the code, civil servants in the Russian mentality must be obliged to comply with these principles.

Analyzing Article 5 “Requirements for anti-corruption behavior of state and municipal employees,” I came to the conclusion that it duplicates the main provisions of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption.” However, this is not the only article that duplicates already created regulatory legal acts of the Russian Federation. One gets the impression that Federal laws and Decrees of the President of the Russian Federation are being reprinted.

Article 8. “Official conduct.”

In official conduct, state and municipal employees shall refrain from:

a) any type of statements and actions of a discriminatory nature on the basis of gender, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences;

b) rudeness, displays of a dismissive tone, arrogance, biased remarks, presentation of unlawful, undeserved accusations;

c) threats, offensive expressions or remarks, actions that interfere with normal communication or provoke illegal behavior;

d) smoking during official meetings, conversations, and other official communication with citizens.

3. State and municipal employees are recognized to contribute through their official behavior to the establishment of business relationships in the team and constructive cooperation with each other.

State and municipal employees must be polite, friendly, correct, attentive and show tolerance when communicating with citizens and colleagues.

Article 9. " Appearance state and municipal employee" - briefly describes the appearance of a civil servant:

“the appearance of a civil servant during his performance job responsibilities depending on the conditions of service and the format of the service event, it should promote respect for citizens government agencies and local governments, comply with generally accepted business style", which is distinguished by formality, restraint, tradition, accuracy."

In my opinion, this article is quite vague and requires improvement, since the issue of the dress code of civil servants has been discussed in the media more than once. The requirements for the appearance of a civil servant are filled with new content in the conditions of increasing openness of the activities of government agencies and especially taking into account the active invasion of all spheres of life by the ever-watchful television eye. A solution to this problem is possible in more detailed specification of the appearance of a civil servant.

The fourth chapter of the code of ethics stipulates responsibility for violating this code:

“Violation by a state or municipal employee of the provisions of the Code is subject to moral condemnation at a meeting of the relevant commission on compliance with the requirements for official conduct of state (municipal) employees and the resolution of conflicts of interest formed in accordance with Decree of the President of the Russian Federation of July 1, 2010 No. 821 “On Commissions” on compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest,” and in cases provided for by federal laws, violation of the provisions of the Code entails the application of legal liability measures to a state or municipal employee.” Considering the feature Russian mentality The level of liability for non-compliance with the provisions of the code is quite low. If we assume that a certain civil servant, by violating the provisions of the code, by his actions will damage the image of the government body (for example, by losing the trust of the population), then it will be extremely difficult to raise this image in the eyes of the public. And liability under the code will not be strict.

Compliance by state and municipal employees with the provisions of the Code is taken into account when conducting certifications, forming personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.

Ways to improve the legal regulation of official ethics of civil servants

In general, positively assessing the idea of creating codes in executive bodies state power in Russia, it should be noted that the codes, with minor exceptions, are identical to each other and borrow the norms of federal laws dated July 27, 2004 No. 79-FZ “On State civil service Russian Federation" and dated December 25, 2008 No. 273-FZ "On combating corruption", Decree of the President of the Russian Federation dated August 12, 2002 No. 885 "On approval general principles official conduct of civil servants". Consequently, the term “codes” is used in relation to these codes very conditionally, since they are not inherently the result of codification.

It seems that issues regulated by codes, due to their importance, need to be resolved at a higher regulatory level. The publication of a unified Code in the field of ethics and official conduct for federal civil servants and civil servants of the constituent entities of the Russian Federation will make it possible to create a truly codified and detailed legal act valid throughout Russia. In this case, it is advisable to replace the relevant provisions of federal laws with references. This will increase the significance of the code and ensure a clear structuring of the legal institution of ethics and official conduct, taking into account the specifics of Russian legislation.

Possible different shapes functioning of the Code of Ethics in the field of public service: in the form of an oath taken by a person upon admission to the state or municipal service, in the form of a special document with which he is obliged to familiarize himself and bear responsibility for failure to comply with the provisions.

The Model Code of Ethics for State and Municipal Employees needs to be expanded, describing the articles in more detail and defining in detail the responsibility for each article.

Thus, to ensure that the norms of the Code of Ethics and Official Conduct of State and Municipal Employees become a single Charter of state and municipal employees of the Russian Federation and are distributed throughout its territory.

code of ethics official civil

Model Code of Ethics for Civil Servants of the Russian Federation

Code of Ethics for Civil Servants is a system of moral norms, obligations and requirements for conscientious official behavior of officials of state bodies and local governments, based on generally recognized moral principles and norms Russian society and states.

Article I. Basic moral principles of administrative morality

1. Service to the state

1.1. Civil service is the exercise of powers through which an official carries out his functions on behalf of the state. The interests of the state, and through it society as a whole, are the highest criterion and ultimate goal professional activity civil servant.

1.2 . A civil servant does not have the right to subordinate state interests to the private interests of individuals or political, social, economic and any other groups, to act for the benefit of private interests, to the detriment of the state.

2. Serving the public interest

2.1. A civil servant is obliged to act in the national interests, for the benefit of all peoples of Russia.

2.2 . A civil servant must not use his influence and power in the interests of any one of the social groups and her immediate environment at the expense of the interests of other social groups.

2.3 . The actions of a civil servant cannot be directed against socially vulnerable groups of the population. Under no circumstances should they be discriminated against.

2.4 . A civil servant must consider the conflict between the interests of various social groups from the point of view of legal rights, socio-political and economic expediency, public ideas about justice and moral values.

3. Respect for the individual

3.1. Recognition, observance and protection of the rights, freedoms and legitimate interests of man and citizen is a moral duty and professional responsibility of a civil servant.

3.2 . A civil servant must respect the honor and dignity of any person, his business reputation, not discriminate against some by providing others with undeserved benefits and privileges, and contribute to the preservation of social and legal equality of individuals.

3.3. A civil servant is obliged to ensure the confidentiality of information that becomes known to him in connection with the performance of official duties that affects the private life, honor and dignity of a citizen.

4. Principle of legality

4.1. A civil servant is obliged by his actions to comply with and defend the Constitution of the country, Laws and regulations RF. It is morally unacceptable to violate laws based on political, economic expediency, or for any other, even noble, reasons. The principle of the legality of one’s activities, one’s official and non-official behavior should be the moral norm of a civil servant.

4.2 . Moral duty a civil servant obliges not only himself to strictly comply with all legal norms, but also to actively counteract their violations by his colleagues and managers of any rank. The moral duty of an employee is to inform the relevant authorities about such violations.

5. The principle of loyalty

5.1 . A civil servant is obliged to observe the principle of loyalty - conscious, voluntary compliance with the rules, norms, and regulations of official conduct established by the state, its individual structures, and institutions; loyalty, respect and correctness towards the state, all state and public institutions; maintaining the image of power structures, constantly promoting the strengthening of their authority.

5.2. A civil servant should not speak in the media, give interviews or express in any other way his opinion, which is fundamentally different from the policy of the state as a whole and from the policy of the government body whose interests he represents as an official, both within the country and especially abroad. .

5.3. A civil servant must avoid contact with persons who have come into conflict with government authorities.

5.4. A civil servant is obliged to conduct a discussion in a correct manner that does not undermine the authority of the civil service.

6. The principle of political neutrality

6.1. A civil servant is obliged to observe political neutrality in his behavior - not to publicly express, directly or indirectly, his political sympathies and antipathies, not to sign any political or ideological documents, not to participate as an official in any political actions, not to publicly advertise his special relations with specific political figures.

6.2. The moral duty of a civil servant is the need to completely exclude the possibility of any influence of political parties or other public organizations on the performance of his official duties, on the decisions he makes.

6.3 . A civil servant must not allow the use of material, administrative and other resources of a government body to achieve any political goals, implement political decisions or tasks. He must be especially careful to maintain neutrality during the election campaign; his moral duty is not to use his position and powers for election campaigning in his favor or in favor of other candidates, political parties, electoral blocs.

Article II. Compliance with general moral principles

1. A civil servant in his activities must be guided by moral standards based on the principles of humanism, social justice, and human rights.

2. Honesty and selflessness - mandatory rules moral behavior of a civil servant, preconditions his official activities.

3. Entering into and remaining in public office presupposes a developed sense of duty and responsibility. A public servant must perform the duties entrusted to him by the state and the law with the greatest degree of personal responsibility.

4. The moral duty and official responsibility of a civil servant is correctness, politeness, goodwill, attentiveness and tolerance towards all citizens, including immediate managers and persons dependent on him for official duties.

5 . A civil servant must show tolerance towards people, regardless of their nationality, religion, political orientation, show respect for the customs and traditions of the peoples of Russia, and take into account the cultural and other characteristics of various ethnic, social groups and faiths.

Article III. Carrying out official duties

1. A civil servant must perform his official (official) duties conscientiously, responsibly, at a high level professional level in order to ensure the efficiency of the government body.

2 . The moral duty and professional responsibility of a civil servant is the desire for continuous improvement, for the growth of his professional skills, his qualifications, and for acquiring new knowledge.

3. A civil servant must devote all his working time exclusively to the performance of official duties and make every effort to work efficiently and accurately.

4 . The moral duty and professional responsibility of a civil servant is to be open to the public about his work, to ensure the availability of information about the activities of his government body within the limits and manner established by the relevant laws and other regulatory legal acts.

5. A civil servant should not shift the solution of issues under his jurisdiction to others, make timely informed decisions within his competence and bear personal responsibility for them.

Article IV. Collegial behavior

1. A civil servant must maintain smooth, friendly relationships in the team and strive to cooperate with colleagues. Manifestations of immoral forms of behavior in a team, such as denunciation, fawning, squabbling, etc., are unacceptable.

2. Intolerance towards management, certain colleagues or their actions must be expressed in an appropriate manner and for serious reasons. Rudeness, humiliation of human dignity, tactlessness, and deliberate discrimination are unacceptable.

3. A civil servant must adhere to business etiquette, respect the rules of official behavior and traditions of the team, do not obstruct legal procedures for the development and implementation of decisions, participate in collective work, strive for honest and effective cooperation.

Article V. Inadmissibility of selfish actions

1. A civil servant does not have the right to use his official position to organize his career in business, politics and other areas of activity to the detriment of the interests of the state and his department. A civil servant should not pursue in his activities the achievement of any personal selfish interests.

2. During his official activities, a civil servant cannot make any personal promises that would diverge from official duties or ignore official procedures and norms.

3. A civil servant has no right to enjoy any benefits or advantages for himself or his family members that may be provided to prevent him from honestly performing his official duties. He should not accept any honors, rewards, incentives associated with certain conditions that are not provided for by the official regulations.

4. A civil servant does not have the right to use any official opportunities provided to him (transport, means of communication, office equipment, etc.) for non-official purposes.

Article VI. Conflict of interest

1 . A conflict of interest arises when a civil servant has a personal interest in the performance of his official duties, which affects or may affect their objective and impartial performance.

The personal interest of a civil servant includes any material, career, political and any other benefit for him personally, for his family, relatives, friends, as well as for persons and organizations with which he has any business, political or other relations and communications.

2. When entering the civil service, upon appointment to a position, when performing the relevant type of official duties, orders of management, a civil servant is obliged to declare the presence or possibility of having any personal interest in resolving issues of business, political and any other organizations or individuals ( availability of shares, participation in activities, offers of cooperation, work, etc.)

3. A civil servant is obliged to condemn and expose any type of corruption and corrupt officials at any level. It may require, and in some cases is obliged to do so, public recognition of cases of corruption judicial procedure or in the media.

Article VII. Public control

1 . Public control over the observance of proper morality by civil servants is carried out through citizens' appeals to the relevant government bodies provided for by law, through citizens' associations specially created for this purpose, through political and other public organizations, and through the media.

2. IN legislative order mandatory public consideration by the relevant state bodies of appeals from citizens, political, public and other organizations, the media, and deputies of legislative bodies should be provided, the adoption of appropriate decisions on them and informing the population about this.

3 . It is advisable to create Ethical Commissions in government bodies, departments, and institutions. The most respected employees of the department, both working in it and those who worked previously, representatives of the administration, trade union organization, public figures, cultural representatives and other persons.

Moderatorsubsection: Bobrova Elizaveta

The Model Code of Ethics and Official Conduct of Civil Servants of the Russian Federation and Municipal Servants (hereinafter referred to as the Code) is based on the provisions of the Constitution of the Russian Federation, the International Code of Conduct for Public Officials (Resolution 51/59 of the UN General Assembly of December 12, 1996), and the Model Code of Conduct for civil servants (annex to the Recommendation of the Committee of Ministers of the Council of Europe of May 11, 2000 No. R (2000) 10 on codes of conduct for civil servants), Model Law “On the Fundamentals of Municipal Service” (adopted at the nineteenth plenary meeting of the Interparliamentary Assembly of States Parties CIS (Resolution No. 19-10 of March 26, 2002), Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, Federal Law of May 27, 2003 No. 58-FZ “On the Public Service System” Russian Federation", Federal Law of March 2, 2007 No. 25-FZ "On Municipal Service in the Russian Federation", other federal laws containing restrictions, prohibitions and responsibilities of civil servants of the Russian Federation and municipal employees, Decree of the President of the Russian Federation of August 12 2002 No. 885 “On the approval of general principles of official conduct of civil servants” and other regulatory legal acts of the Russian Federation, as well as generally accepted moral principles and norms of Russian society and the state.

The Code serves as the basis for the development by relevant state bodies and local governments of codes of ethics and official conduct of civil servants of the Russian Federation and municipal employees.

I. General provisions

Article 1. Subject and scope of the Code

1. The Code is a set of general principles of professional service ethics and basic rules of official conduct that should guide civil servants of the Russian Federation and municipal employees (hereinafter referred to as state and municipal employees), regardless of the position they occupy.

2. A citizen of the Russian Federation entering the civil service of the Russian Federation or municipal service (hereinafter referred to as the state and municipal service) becomes familiar with the provisions of the Code and complies with them in the course of his official activities.

3. Every state and municipal employee must take all necessary measures to comply with the provisions of this Code, and every citizen of the Russian Federation has the right to expect from a state and municipal employee behavior in relations with him in accordance with the provisions of this Code.

Article 2. Purpose of the Code

1. The purpose of the Code is to establish ethical standards and rules of official conduct of state and municipal employees for the worthy performance of their professional activities, as well as to promote the strengthening of the authority of state and municipal employees, the trust of citizens in state bodies and local governments and ensuring a unified moral and normative basis behavior of state and municipal employees.

The Code is designed to improve the efficiency of state and municipal employees fulfilling their official duties.

a) serves as the basis for the formation of proper morality in the field of state and municipal service, respectful attitude towards state and municipal service in the public consciousness;

b) acts as an institution public consciousness and morality of state and municipal employees, their self-control.

3. Knowledge and compliance by state and municipal employees with the provisions of the Code is one of the criteria for assessing the quality of his professional activities and official behavior.

I. General provisions

1.1. Code of Ethics and Official Conduct of Civil Servants of the Ministry of the Russian Federation for Affairs civil defense, emergency situations and liquidation of consequences natural Disasters(hereinafter referred to as the Code) was developed in accordance with Federal laws dated May 27, 2003 N 58-FZ “On the civil service system of the Russian Federation” (Collection of Legislation of the Russian Federation, 2003, N 22, Art. 2063, N 46 (Part I), Art. 4437; 2006, N 29, Art. 3123; 2007, N 49, Art. 6070; 2011, N 1, Art. 31), dated December 25, 2008 N 273-FZ “On Anti-Corruption” (Collection of Legislation of the Russian Federation, 2008, N 52 6228), Decree of the President of the Russian Federation of August 12, 2002 N 885 “On approval of the general principles of official conduct of civil servants” (Collected Legislation of the Russian Federation, 2002, N 33, Art. 3196; 2007, N 13, Art. 1531; 2009, No. 29, Art. 3658), Model Code of Ethics and Official Conduct of Civil Servants of the Russian Federation and Municipal Servants, approved by the decision of the Presidium of the Council under the President of the Russian Federation for Combating Corruption (minutes of the meeting dated December 23, 2010 No. 21), other normative legal acts of the Russian Federation and is based on generally recognized moral principles and norms of Russian society and the state.

1.2. The Code is a set of general principles of professional service ethics and basic rules of official conduct, which are recommended to be followed by civil servants of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief (hereinafter referred to as civil servants), regardless of the positions they occupy.

1.3. A citizen of the Russian Federation entering the civil service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief (hereinafter referred to as the civil service) is recommended to familiarize himself with the provisions of the Code and be guided by them in the course of his official activities.

1.4. A civil servant is called upon to take all necessary measures to comply with the provisions of the Code, and every citizen of the Russian Federation can expect a civil servant to behave in relations with him in accordance with the provisions of the Code.

1.5. The purpose of the Code is to determine the ethical standards and rules of official conduct of civil servants for the worthy performance of their professional activities, as well as to promote the strengthening of the authority of civil servants, the trust of citizens in government bodies and ensuring uniform standards of behavior for civil servants. The Code serves as the basis for the formation of proper morality in the field of public service, respect for public service in the public consciousness, and also acts as an institution of public consciousness and morality of civil servants, their self-control.

1.6. The Code is designed to improve the efficiency of civil servants performing their official duties.

1.7. Knowledge and compliance by civil servants with the provisions of the Code is one of the criteria for assessing the quality of their professional activities and official behavior.

II. Basic principles and rules of official conduct of civil servants

2.1. Civil servants, aware of their responsibility to the state, society and citizens, are called upon to:

a) perform official duties conscientiously and at a high professional level in order to ensure efficient work government agencies;

b) proceed from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the basic meaning and content of the activities of both government bodies and civil servants;

c) carry out its activities within the powers of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief (hereinafter referred to as the Russian Ministry of Emergency Situations);

d) not give preference to any professional or social groups and organizations, be independent from the influence of individual citizens, professional or social groups and organizations;

e) exclude actions related to the influence of any personal, property (financial) and other interests that interfere with the conscientious performance of their official duties;

f) maintain impartiality, excluding the possibility of influencing them official activities decisions of political parties and public associations;

g) comply with official standards, professional ethics and rules of business conduct;

h) show correctness and attentiveness in dealing with citizens and officials;

i) show tolerance and respect for the customs and traditions of the peoples of Russia and other states, take into account the cultural and other characteristics of various ethnic, social groups and faiths, promote interethnic and interfaith harmony;

j) refrain from behavior that could raise doubts about the conscientious performance of official duties by a civil servant, as well as avoid conflict situations that could damage his reputation or the authority of the Russian Ministry of Emergency Situations;

k) take measures provided for by the legislation of the Russian Federation to prevent the emergence of a conflict of interest and resolve cases of conflict of interest that have arisen;

l) not use his official position to influence the activities of state bodies, local governments, organizations, officials, civil servants and citizens when resolving personal issues;

m) refrain from public statements, judgments and assessments regarding the activities of the Ministry of Emergency Situations of Russia, the Minister of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, if this is not part of the official duties of a civil servant;

o) comply with the rules of public speaking and provision of official information established by the Russian Ministry of Emergency Situations;

o) respect the activities of representatives of the media in informing the public about the work of a government body, as well as provide assistance in obtaining reliable information in the prescribed manner;

p) refrain from public speaking, including in the media, from indicating the value in foreign currency (conventional monetary units) on the territory of the Russian Federation of goods, works, services and other objects civil rights, amounts of transactions between residents of the Russian Federation, budget indicators at all levels budget system the Russian Federation, the amount of state and municipal borrowings, state and municipal debt, except for cases when this is necessary for the accurate transmission of information or is provided for by the legislation of the Russian Federation, international treaties of the Russian Federation, business customs;

c) strive constantly to ensure that the resources within his area of responsibility are managed as efficiently as possible.

2.2. A civil servant vested with organizational and administrative powers in relation to other civil servants is called upon to:

a) take measures to prevent and resolve conflicts of interest;

b) take measures to prevent corruption;

c) prevent cases of coercion of civil servants to participate in the activities of political parties and public associations.

2.3. A civil servant, vested with organizational and administrative powers in relation to other civil servants, is called upon to take measures to ensure that civil servants subordinate to him do not allow dangerous corrupt behavior, and through his personal behavior set an example of honesty, impartiality and justice.

behavior of civil servants

3.1. In official conduct, a civil servant must proceed from the constitutional provisions that a person, his rights and freedoms are the highest value and every citizen has the right to immunity privacy, personal and family secret, protection of honor, dignity, one’s good name.

3.2. In official conduct, a civil servant shall refrain from:

b) rudeness, displays of a dismissive tone, arrogance, biased remarks, presentation of unlawful, undeserved accusations;

c) threats, offensive expressions or remarks, actions that interfere with normal communication or provoke illegal behavior;

d) smoking during official meetings, conversations, and other official communication with citizens.

3.4. Civil servants are called upon to contribute through their official behavior to the establishment of business relationships in the team and constructive cooperation with each other.

3.5. The appearance of a civil servant when performing his official duties, depending on the conditions of service and the format of the official event, should contribute to the respectful attitude of citizens towards government bodies and correspond to the generally accepted business style, which is distinguished by formality, restraint, traditionality, and accuracy.

IV. Responsibility for violation of the provisions of the Code

4.1. Violation of the provisions of the Code by a civil servant is subject to moral condemnation at a meeting of the relevant commissions on compliance with the requirements for official conduct of civil servants and the settlement of conflicts of interest or certification.

4.2. Compliance by civil servants with the provisions of the Code is taken into account when conducting certifications, forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.

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