Suggestions for improving personnel activities. Regulations on the procedure for holding a competition for filling vacant positions of scientific workers If the winner of the competition for civil service refuses

Taking into account the established long-term practice, selection by competition should be carried out at a meeting of the academic council of an educational organization.

According to Part 4 of Art. 26 of the Federal Law of December 29, 2012 No. 273-FZ "On education in Russian Federation»Scientific council along with general meeting(conference) of employees and students refers to the collegial management bodies of the organization that implements educational programs higher education and additional professional programs.

If the charter of such an organization states that competitive selection for the positions of assistants, teachers, senior teachers and associate professors is carried out at the academic council of the faculty (institute), then discussion and competitive selection for these positions should be carried out at the academic council of the faculty (institute).

At the same time, the Academic Council may offer the participant of the competition to conduct trial lectures or other training sessions (clause 11 of the Regulations). The topic and volume of trial lessons are set by the educational organization, taking into account the wishes of the applicants.

How the winner of the competition for the teacher is determined

The decision of the Academic Council is made by secret ballot.

Before it begins, a counting commission consisting of at least three people is elected from among the members of the Academic Council to count votes. For each candidate who took part in the competition, the voting results are announced separately. The protocol of the counting commission is approved by the academic council of the educational organization and is attached to the competition materials.

When applicants (two or more) participating in the competition receive an equal number of votes, a second vote is taken at the same meeting of the Academic Council. If none of the applicants received more than 50% of the votes, the competitive selection is declared invalid - the educational organization announces a new competition.

The applicant is considered to have successfully passed the competitive selection if he received by secret ballot more than half of the votes from the number of those who took part in the voting with a quorum of two-thirds of the list of members of the Academic Council.

If the voting was carried out on the only candidate from the outside and he did not get the required number of votes, the competition is declared invalid. If the only candidate is a teacher working in this educational organization, then in case of non-election by competition labor contract it is terminated under clause 2 h. 1 of Art. 77 of the Labor Code of the Russian Federation (expiration of the employment contract), and the competition itself is also recognized as invalid.

The decision of the Academic Council on the election of a person to a certain teaching position is a legal fact on which the rector of an educational organization relies upon concluding an employment contract with the winning bidder.

After the decision on the election of one of several applicants to the position is made, both the subject composition and the content of the competitive legal relationship change. From this moment, the educational organization is bound by certain obligations only with a specific participant in the competition, elected by the academic council. For this applicant, competitive legal relations are transformed into labor relations, and for all the rest they are terminated.

note
The absence of an applicant for the Academic Council is not an obstacle to the competition.

Legal relations with those participants who did not pass the competition are terminated. Each of them is given a reasoned opinion of the Academic Council of the educational organization on the election of a specific participant in the competition. It seems that a reasoned conclusion on the results of the competitive selection should be sent to interested parties within a week. Documents previously submitted by applicants who did not pass the competition can be returned to them upon their written application immediately after the completion of the selection procedure.

Thus, the decision of the Academic Council on the election of a specific applicant terminates the legal relationship (between the educational organization and the participants in the competition), which arose and developed before its adoption.

The decision of the Academic Council is approved by the order of the rector.

Situation

By the decision of the council, the applicant was elected to the position. Can the rector disagree with this decision?

The decision of the Academic Council on the election of an applicant for a specific teaching position is a legal act that is binding on the rector. Since the decision of the Academic Council is mandatory for the rector, then if it is adopted without any violations of the current Regulation on the competition, the rector will not be able to challenge the act of election. He can not approve the decision of the Academic Council only in connection with the violation of the procedure for the competitive selection. Consequently, the rector is obliged to give an objective assessment of the results of the competition, that is, to approve the decision made by the academic council.

The rector's approval of the council's decision (by the way, this procedure is not mentioned in the Regulations), by its legal nature, is an act of management, a form of exercising power. At the same time, the powers of power are manifested in relation to the elected representative body - the Academic Council, and not to the elected applicant and are administrative and legal. And the relationship between the winning participant of the competition and the educational organization, arising on the basis of the act of election, belongs to the field of labor.

Conclusion of an employment contract with a teacher

After the Academic Council makes a decision on the election of an applicant by competition, both parties - the elected applicant and the educational organization represented by the rector representing its interests - must express mutual consent to establish labor relations... This happens at the stage of discussion and conclusion of an employment contract.

Situation

Having passed the selection, the applicant stated that in parallel he participated in another competition, according to the results of which he was also elected to the position. Can he refuse to conclude an employment contract with us and go to work in another organization?

An applicant who has successfully passed the competition is by no means obliged to conclude an employment contract with an educational organization. Even if initially he intended to do this, he can change his mind at any time and refuse to participate in the competition, and even more so from concluding an employment contract.

At the same time, no one prohibits participating in the competition at the same time in two or more educational organizations, and subsequently choosing which of them to conclude an employment contract with.

The period during which a candidate selected by competition can apply to conclude an employment contract with an educational organization is specified (limited) in clause 17 of the Regulations. The position of a scientific and pedagogical worker is again declared vacant if, within 30 calendar days from the date of the adoption of the relevant decision by the Academic Council of the educational organization, the person who successfully passed the competition for the position for the first time has not concluded an employment contract with the employer on his own initiative.

The failure of the applicant to appear within the specified period to conclude an employment contract deprives him of the right to demand from the educational organization the conclusion of an agreement on the basis of an act of election by competition, which simply loses its legal significance.

Problem

Earlier, to consider the documents of the participants in the competition, the Academic Council of the educational organization (faculty, institute) elected by secret ballot for the academic year a commission for filling the positions of scientific and pedagogical workers (hereinafter referred to as the competition commission). The Competition Commission studied the materials received from the participants of the competition and submitted to the Academic Council a reasoned recommendation in writing for each applicant. In fact, she represented an advisory body under the rector (dean of the faculty, director of the institute), designed to provide the necessary assistance in the selection of highly qualified personnel for the educational organization.

On the one hand, the commission had the right to demand clarifications from the participants of the competition on any question that arose in it, on the other hand, its recommendations to the academic council were of a purely non-binding nature, so that the academic council was not bound by them when making decisions. The competition commission did not decide the issue of admission or refusal of this or that person to participate in the competition. It seems that even at the present time, it would be desirable to submit the consideration of candidates who wished to take part in the competition to specially created competition commissions.

The Academic Council does not thoroughly study the professional and personal qualities of applicants and in most cases simply agrees, for example, with the recommendation of the department. The department is not always objective, especially if its teachers and a person who has not previously worked in an educational organization (an outside applicant) participate in the competition. In this case, most likely, employees will recommend their colleague just because he already works here. And vice versa: if a conflict situation has developed at the department, the team can ignore professional quality the teacher involved. It should also be borne in mind that the department is a small team, consisting of like-minded head, and his unanimous opinion about this or that candidate may be decisive.

Therefore, the introduction of an additional stage into the procedure for competitive selection - consideration of participants by the competition commission - will to some extent help to avoid biased assessment of applicants by members of the Academic Council.

The competition committee would single out one of the candidates most worthy, in its opinion, to fill this teaching position. And he would receive significant advantages (support of the competition commission), significantly narrowing the possibilities of other participants.

Based on the results of the work, the competition committee would accept a document - a reasoned conclusion (recommendation) in writing - and send it to the academic council of the organization.

The validity of this conclusion would allow the members of the Academic Council to choose the best candidate for a teaching position. At the same time, as you know, council members are not obliged to listen to the opinion of the competition commission - it remains recommendatory, which would ensure a certain objectivity of the procedure.

For how long is the contract concluded?

According to the current legislation, with teachers of higher education institutions, as well as those implementing additional professional programs, it is possible to conclude both unlimited and fixed-term employment contracts (part 1 of article 332 of the Labor Code of the Russian Federation).

If a fixed-term employment contract was drawn up, then when the teacher is re-elected to the position, a new contract may not be concluded. In such cases, the contract is extended by agreement of the parties, concluded in writing, for a specific (no more than five years) or indefinite period (part 8 of article 332 of the Labor Code of the Russian Federation).

The conditions under which an employment contract with a teacher can be concluded for an indefinite period is established by the educational organization. She also makes the decision to conclude an indefinite employment contract with a specific employee.

On a note

A separate law regulates the legal status of the country's two leading classical universities: Moscow State University. M.V. Lomonosov and St. Petersburg State University.

Both universities are among the oldest educational institutions higher education in Russia and are of great importance for the development of Russian society.

According to the Regulation, these universities have the right to independently develop and approve regulations on the procedure for filling positions of scientific and pedagogical workers.

These provisions should reflect the legal and procedural issues of organizing and holding a competition for filling the positions of scientific and pedagogical workers of these educational organizations that are not properly reflected in the Regulations.

Example

In American universities, a permanent contract (employment contract for an indefinite period) is concluded with a teacher, as a rule, after 6-7 years of work at the university on a fixed-term contract, which is renewed annually.

It should be noted that there is no need to hold repeated competitions for teachers who have been elected to the position on a permanent basis. However, in this case, taking into account Part 10 of Art. 332 of the Labor Code of the Russian Federation, in order to confirm the suitability of the position held, the teacher is obliged to undergo certification every five years. The main feature of an employment contract concluded for an indefinite period is the possibility of its termination due to the employee's inadequacy for the position held or work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1 of article 81 of the Labor Code of the Russian Federation).

On a note

The participation of a working teacher in the competitive election for a new term should be distinguished from the attestation of a teacher, which he must pass every five years, if an employment contract was previously concluded with him for an indefinite period.

Such certification is carried out in order to confirm the compliance of the teacher with the position held by him in accordance with the Regulation on the procedure for certification of employees holding the positions of scientific and pedagogical workers, approved. by order of the Ministry of Education and Science of Russia dated July 28, 2014 No. 795.

The competition procedure provides for the nomination of candidates, their discussion and selection, voting on candidates, etc.

In the case of attestation, nothing like this happens. Besides, business qualities the employee is determined by the collective of the educational organization - members of the Academic Council, and not certifying commission(a fairly narrow group of people). It seems that the very procedure for competitive selection is more democratic than attestation.

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If a candidate admitted to the second stage of the competition for filling a vacant position in the state civil service did not appear at the second stage of the competition, should it be reflected in the decision of the competition commission that "he should not be considered a winner in the competition"? (Whether it is necessary to make any decision in relation to the person who did not appear).

Answer

Answer to the question:

The regulation on the competition, approved, does not provide for the postponement of the competition due to the failure of the candidate to appear.

Based on the results of the competition, the employer's representative issues winner nominating act competition for the vacant position of the civil service and concludes with it. If the competition committee decided to include a candidate who did not become a winner in the personnel reserve of a state body, then it is necessary, with the consent of the specified citizen, to issue the act of the state body on its inclusion in the personnel reserve to fill posts in the same group as the vacant post. This is provided for in the Regulation approved.

Thus, the Regulation on the competition, approved, does not provide for the reflection in the decision of the competition commission of information about the candidates who did not appear for the competition.

Details in the materials of the System Personnel:

1. Answer: How to accept a citizen for the state civil service

Competition procedure

Who and how conducts a competition to fill a vacant position in the civil service

The procedure for holding a competition for filling a vacant civil service position has been established. * It is applied when entering the federal civil service and the civil service of the constituent entities of the Russian Federation (Regulation approved).

The competition is announced by the decision of the head of the state body or his representative, who exercises the powers, in the presence of a vacant position in the state body (Regulation approved).

The competition is held in two stages:

Checking information

In what cases it is required to verify the information submitted by a citizen to fill a vacant civil servant position

Check the reliability of the information provided by applicants for filling a vacant position in two cases:

• if the information is provided by a citizen entering the civil service for the first time;
• if the competition is held to fill a position that belongs to.

In other cases, it is not necessary to check the accuracy of the information provided. This follows from paragraphs and clause 9 of the Regulation approved.

Refusal to participate in the competition

In what cases can an applicant be refused admission to participate in the competition to fill a vacant civil servant position?

An applicant for a civil service position may be refused participation in the competition only on the following grounds:

• non-compliance of the applicant with the qualification requirements for the vacant civil service position;
• in connection with for admission to the service.

At the same time, an applicant who was not allowed to participate in the competition has the right to appeal against the decision of a state body.

No later than 15 days before the start of the second stage of the competition, send the date, place and time of its holding to applicants admitted to participate in the competition (Regulation approved).

The competition is held by the competition commission, which operates on a permanent basis. The composition and procedure of its work, the methodology of the competition must be approved by the relevant legal act of the state body. This is spelled out in the Regulation approved.

The composition of the competition committee includes:

• a representative of the employer and (or) civil servants authorized by him, including from the civil service and personnel department, legal or legal department, as well as the department in which the competition for filling a vacant position is held;
• a representative of a federal state body or a body of a constituent entity of the Russian Federation for the management of public service;
• representatives of scientific and educational organizations, other organizations, invited by the public service management body at the request of the representative of the employer as independent experts. The number of experts must be at least one quarter of the total number of members of the competition committee.

Such a list is contained in the Regulation approved by Article 22 of the Law of July 27, 2004 No. 79-FZ.

In addition, the composition of the competition commission in the executive authorities in which public councils are formed include representatives of these councils, not less than 1/4 of the total composition of the commission. The candidacies of representatives from the public council are presented at the request of the head of the state body. Such requirements are established by Article 22 of the Law of July 27, 2004 No. 79-FZ and the Law of April 4, 2005 No. 32-FZ, the Regulation approved.

The competition commission consists of:

• the chairman;
• deputy chairman;
• secretary;
• members of the commission.

The state body has the right to create several competitive commissions for holding competitions for filling positions belonging to different categories and groups (Regulation approved).

The second stage, that is, the competition itself, is to assess the professional and personal qualities of the candidates by the commission. In this case, the competition commission must proceed from the relevant qualification requirements for a vacant civil service position and other provisions of the official regulations. This follows from the Regulation approved.

The meeting of the competition committee is held in the presence of at least two candidates. It is considered competent if attended by at least two thirds of the total number of its members. At the same time, it is not allowed to hold a meeting of the competition commission, in which only its members, who fill the positions of the civil service, take part. The decision of the tender committee is made by an open vote by a simple majority of votes of its members present at the meeting. In case of equality of votes, the vote of the chairman of the competition committee is decisive. This procedure is established in the Regulations approved.

Competition results

How are the results of the competition for filling a vacant civil service position drawn up?

Within seven days from the date of completion of the competition, you must:

• inform candidates about the results of the competition in writing;
• post information about the results of the competition on the official websites of the state body, etc.

Based on the results of the competition, the representative of the employer issues an act on the appointment of the winner of the competition for the vacant position of the civil service and concludes with him. If the competition committee decided to include a candidate who did not become a winner in the personnel reserve of a state body, it is necessary, with the consent of the said citizen, to issue an act of the state body on his inclusion in the personnel reserve to fill positions in the same group to which the vacant position belonged. This is provided for in the Regulation approved.

A candidate who was not admitted to the civil service based on the results of the competition has the right to appeal against the decision of the competition commission (Regulation approved).

Attention: unlawful refusal of an applicant for admission to the civil service may threaten with legal proceedings (). If a citizen wins as a result of such proceedings, the court may oblige the state body to hire him.

Competition with no result

What to do if, as a result of the competition for filling a vacant civil servant position, no worthy candidates have been identified

If, as a result of the conduct, no candidates have been identified that meet the qualification requirements for a vacant position in the civil service, the employer's representative may decide to hold a repeated competition (Regulation approved).

Nina Kovyazina,

Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

Best regards and wishes for a comfortable work, Yulia Meskhia,

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The study of the competition procedure in practice showed the inefficiency and ineffectiveness of the legal norm on holding a meeting of the competition committee in the presence of two candidates. It is necessary to develop and legally establish a different procedure for the competition, which consists in the sufficiency of one candidate in order to consider the competition valid, and the expediency of holding a meeting of the competition committee in the presence of one candidate. Taking into account the etymology of the term "competition", which presupposes the presence of exactly two competitors and does not allow the participation of one applicant, the possibility of using a different term is considered - "the state examination for admission to the civil service."

So, despite the fact that the relationship between civil servants and the state is usually called state-official relations, in the case when an application with a request to participate in the competition is submitted by a citizen, and not a civil servant, these legal relations cannot be called state-official. possible.

Public relations in the field of the competitive procedure for filling a vacant position in the federal state civil service have signs of legal relations. Accordingly, it is advisable to single out the legal relationship arising in the course of the competitive procedure as an independent type of legal relationship arising when entering the federal state civil service, and call it a competitive legal relationship.

According to the results of the first stage of the competition, three "rejection" decisions can be made: on refusal to accept documents, on refusal to participate in the competition, on the non-admission to participation in the competition. It is not clear from the text of the Competition Regulations whether the adoption of these decisions is within the competence of the competition committee or the representative of the employer.

The decision to refuse to accept documents, to refuse an applicant to participate in the competition and (or) admit to participation in the competition is focused on the Federal Law "On the State Civil Service of the Russian Federation" and the Competition Regulations and is rather formal, not evaluative. In this regard, it is necessary to amend the Competition Regulations, setting out one of the points in the following version (Appendix No. 5). Having revealed that the decisions of the competition commission based on the results of the competition, taken by open voting, suffer from bias, we came to the conclusion that the decisions of the competition committee must be made by secret ballot by a simple majority of votes of its members present at the meeting.

It is important to know that the legislator has not set a deadline between the deadline for accepting documents and the date of the second stage of the competition.

This period has not been set, since the representative of the employer was given time to check the accuracy of the information and to issue, if necessary, access to information constituting state and other secrets protected by law.

If the winner of the competition changes his mind about entering the civil service, then he has the right to refuse the appointment by filling out a corresponding written application addressed to the representative of the employer. In this case, the representative of the employer has the right to consider this position vacant and re-announce the competition for its replacement. This nuance must also be registered in the Competition Regulations.

The norm of the Regulations on the competition, which contains the right of the employer's representative to decide on a repeated competition due to the failure to identify the winner, does not correspond to the essence of the competition, since it is dispositive in nature. Clause 15 of the Competition Regulations must be amended to read as follows: “If, as a result of the competition, no candidates have been identified who meet the qualification requirements for a vacant position in the civil service for which he was announced, the representative of the employer decides to hold repeated competition in accordance with the procedure established by these Regulations ”.

In addition, it is necessary to register in the Competition Regulations that the next competition for available vacancies must be announced no later than 15 calendar days after the previous one.

The act of the federal executive body on appointment to a position based on the results of a competition is an individual written legal act of local management, effective from the date specified in the act itself.

For the emergence of service relations, a complex legal structure is required: a solution collegial body represented by the tender commission, the decision of the individual character of the representative of the employer, the decision of two equal parties in the form of a service contract. Only all these three elements in aggregate are the basis for the emergence of an official legal relationship linking the representative of the employer with a specific person who has acquired the status of a state civil servant.

We propose to amend the Federal Law "On the State Civil Service of the Russian Federation" corresponding changes.

So, the job regulations should be excluded from the number essential conditions, having included in the named law the following norm: "The job regulations are an annex to the service contract, its integral part."

It is absolutely necessary at the legislative level, by analogy with the approved exemplary form of the service contract on the passage of the state civil service of the Russian Federation, to approve the standard (or exemplary) form of the official regulations of the state civil servant of the Russian Federation.

The Federal Law "On the State Civil Service of the Russian Federation" must be supplemented by setting out one of the norms of Art. 27 as follows: “When concluding a fixed-term service contract for a period of one to two years, the trial may not exceed three months. When concluding a fixed-term service contract for a period of two to five years, the trial cannot exceed six months. "

Due to the fact that the test can be established, inter alia, when a civil servant is transferred from one position to another, the title of the article of the Federal Law "On the State Civil Service of the Russian Federation" should sound as follows - "Test when a civil servant is substituted for a civil service position" ...

In order to attract young personnel with the appropriate level vocational education it is advisable to issue a separate normative legal act regulating the mechanism of admission to the federal state civil service specifically for graduates of higher educational institutions.

A citizen entering the civil service, upon concluding a service contract, presents a certain package of documents to the employer's representative.

In paragraph 4, part 2 of Art. 26 of the Federal Law "On the State Civil Service of the Russian Federation", changes should be made in terms of the presentation by a citizen not only work book, but also other documents confirming the labor (official) activities of a citizen.

Part 2 of Art. 26 of the Federal Law "On the State Civil Service of the Russian Federation" should be supplemented with the norm on the need to submit a document confirming that a citizen has no disease that prevents him from entering the civil service or its passage.

In connection with the above, we came to the conclusion that it is advisable to develop and adopt three basic legislative documents in the field of public administration and public civil service:

1) a comprehensive legislative act regulating the organization and conditions for passing the state civil service;

2) the law approving the registers of state positions and positions of the state civil service;

3) a legislative act providing guarantees for the activities of persons replacing public office, in view of the fact that federal legislation does not regulate the issues of guaranteeing the activities of persons holding public office in the constituent entities of the Russian Federation.

The main directions of reforming and development of the state civil service in the region also include:

Improvement of training, retraining and advanced training of civil servants;

Creation of material and technical conditions for the effective functioning of the state civil service;

Formation of the state civil service management system.

It is impossible to ensure effective reform of the civil service without a full-fledged management system.

The management system of the civil service is necessary to ensure the unity of the civil service, the interaction of government bodies with civil society structures, the coordination of the activities of government bodies on issues of admission to the civil service, the passage and termination of the civil service, as well as the professional development of civil servants.

In order to form and operate the public civil service management system, as well as to ensure compliance with the unity of the principles of the public civil service established by the Federal Law, a state body for the management of the public civil service should be created in the region. It is most logical to call such a body the State Inspectorate for the Management of the State Civil Service. The draft law "On the state body for the management of the state civil service" has already been developed. However, its submission to the regional parliament seems premature due to the absence of a federal law regulating relations related to the basic principles of creating and organizing the activities of a federal body for managing the state civil service.

Coordination of the activities of state bodies in resolving issues of entering the civil service, passing and terminating the civil service;

Formation and use of a personnel reserve of civil servants to fill positions in the civil service;

Maintaining a register of civil servants;

Training, retraining, advanced training and internship of civil servants;

Legal, organizational, methodological and information support for the activities of departments of state bodies on issues of civil service and personnel;

Implementation of intradepartmental control over the observance in state bodies of federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts on the civil service;

Control over the provision of state social guarantees persons dismissed from the civil service, provided for by laws; - providing programs for reforming and developing the civil service; - interaction with the federal state body for the management of the state civil service.

The State Inspectorate should become a permanent agent of the adopted legislative decisions on reforming the civil service, an effective means of overcoming its internal inertia, and a counterweight to departmental policy. The state inspectorate should be given the right to issue official clarifications and instructions on the application of legislation on the state civil service, to adopt standard interdepartmental regulations administrative and official regulations, official regulations). It should be directly involved in the development and implementation of the regional program for the development of the civil service, in conducting appropriate experiments, introducing new personnel technologies, progressive forms and methods of assessing and stimulating the work of civil servants.

Bringing legislative framework civil service in accordance with federal legislation and the formation of a civil service management system will ensure the prestige of the civil service, its openness in the interests of the development of civil society, increase the efficiency of the civil service, optimize the costs of maintaining civil servants and the development of resource support for the civil service.

Date of change: 04.07.2019 10:47

Here you can find answers to questions related to entering the state civil service.

Abbreviations used:
Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation": Federal Law No. 79-FZ, State Civil Service Novosibirsk region: civil service.

How do you enter the civil service?
Admission to the civil service and filling vacancies is carried out in accordance with Article 22 of Federal Law No. 79-FZ on a competitive basis, unless otherwise provided by the specified law.
You can familiarize yourself with the announcements of the ongoing competitions on the website of the Government of the Novosibirsk Region in the section "State Civil Service", subsection "Competitions".

In what cases can it be refused to participate in the competition for filling a vacant position in the civil service / competition for the personnel reserve for filling a vacant position in the civil service?
An applicant for a civil service position may be denied admission to participation in the competition due to inadequacy of the qualification requirements for a vacant civil service position, as well as in connection with the restrictions on admission to the civil service and its passage, provided for in Art. 16 of Federal Law No. 79-FZ. An applicant who is not allowed to participate in the competition has the right to appeal this decision in accordance with the law.

Is it possible to simultaneously participate in several competitions for filling a vacant civil service position / competitions for the personnel reserve to fill a vacant civil service position?
Yes.

I have dual citizenship. Can I enroll in the civil service?
No, unless otherwise provided by an international treaty. If you have Russian citizenship and citizenship of another state, everything will depend on the existence of an agreement or agreement on the settlement of issues of dual citizenship between Russia and another state.

I am registered as individual entrepreneur... Can I participate in a competition for a vacant civil service position or a competition for a personnel reserve to fill a vacant civil service position?
Yes, you can, because carrying out entrepreneurial activities in accordance with Article 16 of Federal Law No. 79-FZ is not a restriction for entering the civil service. However, Art. 17 of Federal Law No. 79-FZ prohibits a civil servant to carry out entrepreneurial activity, in connection with which a citizen is obliged to stop it when entering the civil service.

What are the age restrictions for entering the civil service?
To enter the civil service, you must reach the age of majority (18 years). The age limit for civil service is 60 years. Entry into the civil service of persons who have reached the age of 60 is not provided for by the current legislation. Grounds: Article 25.1 of Federal Law No. 79-FZ.

Can I pick up the documents submitted for participation in the competition?
Yes, a candidate can collect documents upon written application within three years from the date of their submission.

For how long is the Conclusion on Form 001-GS / y valid for the presence (absence) of a disease that prevents entry into the state civil service of the Russian Federation and municipal service or its passage?
This Conclusion is valid for one year from the date of its receipt.

What is the difference between a competition for filling a vacant civil service position from a competition for a personnel reserve for filling a vacant civil service position?
When holding a competition for the personnel reserve for filling a vacant position in the civil service, as a rule, the competitive position is not vacant. The competition is held with the aim of forming a personnel reserve from persons whose qualifications and personal qualities meet the requirements for a competitive position. In the event that a competitive position becomes vacant, it can be replaced by a person who is personnel reserve.

In addition to the decision on the presence / absence of the winner of the competition, the commission can also decide to include in the personnel reserve persons whose qualifications and personal qualities have been highly appreciated by the results of the voting of the commission members.

Personnel reserve in the civil service and management personnel reserve

Abbreviations used:
State civil service of the Novosibirsk region: civil service; Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation": Federal Law No. 79-FZ.

What is the civil service talent pool? How can I join the talent pool in the civil service as a non-civil servant?
The personnel reserve in the civil service is created to quickly fill vacant positions in the civil service. Competition for filling a vacant position in the civil service is not held if there is an applicant included in the personnel reserve in the civil service and meeting the qualification requirements for the specified position.
According to Art. 64 of Federal Law No. 79-FZ, inclusion in the personnel reserve of a state body is carried out:

1. citizens - according to the results of a competition for inclusion in the personnel reserve of a state body;
2. citizens - based on the results of a competition for filling a vacant position in the civil service with the consent of these citizens;
3. civil servants to fill a vacant position in the civil service in the order of official growth - according to the results of a competition for inclusion in the personnel reserve of a state body;
4. civil servants to fill a vacant civil service position in the order of official growth - based on the results of a competition for filling a vacant civil service position with the consent of the indicated civil servants;
5. civil servants to fill a vacant position in the civil service in the order of official growth - according to the results of certification with the consent of the indicated civil servants;
6. civil servants dismissed from the civil service in connection with the reduction of civil service posts or the abolition of a state body - by decision of a representative of the employer of a state body in which the posts of the civil service are being reduced, or a state body to which the functions of the abolished state body have been transferred, with the consent of these civil servants.

Thus, the inclusion of citizens in the personnel reserve of a state body is carried out based on the results of a competition.

As a result of the competition, I was included in the personnel reserve in the civil service. Can I be appointed from him to a civil service position in another state body of the Novosibirsk region, and not in the one where the competition was held?
If he meets the qualifications for this position, yes. In this case, the position to which a civil servant (citizen) can be appointed should not be higher than the group of positions for which he is included in the personnel reserve.

Grounds: Regulations on the personnel reserve in the state civil service of the Novosibirsk region (approved by the Decree of the Governor of the Novosibirsk region of March 17, 2014 No. 40).

What is the difference between the managerial personnel reserve and the personnel reserve in the civil service?
The main difference between these reserves is that a person who is in the reserve in the civil service, with his consent by the decision of the representative of the employer, can be appointed to a civil service position without a competition, provided he meets the qualification requirements for the vacant position. In this case, the position to which a civil servant (citizen) can be appointed should not be higher than the group of positions for which he is included in the personnel reserve. A person who is in the managerial personnel reserve, but is not included in the personnel reserve in the civil service, may enter the civil service based on the results of a competition, unless otherwise provided by Art. 22 of Federal Law No. 79-FZ.

The reserve of management personnel of the Novosibirsk region is a group of promising specialists with the necessary professional and business and personal qualities who have shown themselves positively in their professional activities and are intended to fill vacancies in the field of state and municipal administration.

The personnel reserve in the civil service is formed for the operational filling of vacant positions in the civil service in accordance with the law.