CONSIDERATION OF SERVICE DISPUTES IN THE CIVIL SERVICE

РАССМОТРЕНИЕ СЛУЖЕБНЫХ СПОРОВ НА ГРАЖДАНСКОЙ СЛУЖБЕ

Медовкина Елизавета Алексеевна

студент, Белгородский государственный национальный исследовательский университет, РФ, г. Белгород

Шемаева Елена Викторовна

научный руководитель, доцент, канд. филол. наук, Белгородский государственный национальный исследовательский университет, РФ, г. Белгород

The article is devoted to the resolution of official disputes of civil servants. The article considers normative legal acts that regulate the consideration of office disputes.

Key words: state civil service, service dispute, civil servant.

The procedure for consideration of service disputes in state authorities is regulated by Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation". [1]

The state commission of the body on disputes of official appointment is formed by the decision of the employer's representative by an equal number of representatives of the government body of this state body elected by the trade union body and one representative of the employer.

Representatives of the elected trade union body of this state body are elected to the commission on service disputes at the conference of civil servants of the state body. Representatives of the employer's representative are appointed to the commission on professional disputes by the employer's representative.

An official dispute is considered by the commission if a civil servant, independently or with the participation of his representative, has not settled the dispute during direct negotiations with the representative of the employer.

A civil servant or a citizen entering the civil service or previously serving in the civil service may apply to the commission within three months from the day when he learned or should have learned about the violation of his right. [2]

If, for valid reasons, the deadline set by Part 8 of Article 70 of Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation" is missed, the commission may restore this deadline and consider the service dispute on its merits. A written application submitted to the commission by a civil servant or a citizen entering the civil service or previously serving in the civil service is subject to mandatory registration by the specified commission on the day of its submission. [3]

The Commission is obliged to consider the service dispute within ten calendar days from the date of submission of the written application.

The decision of the commission may be challenged by any of the parties in court within ten days from the date of delivery of a copy of the commission's decision to her. If, for good reasons, the deadline has been missed, the court may restore it and consider the dispute on its merits.

Service disputes are considered on the written application of an official or citizen entering the civil service, or previously in public service, a representative of the employer or an elected representative of the trade union body of this state body, if any of them does not agree with the decision of the commission on conflicts of disputes or if an official or representative of the employer goes to court without appeal to the commission on conflicts of disputes, as well as at the request of the prosecutor, if the decision of the commission on official disputes does not comply with federal laws or other regulatory legal acts of the Russian Federation.

Official disputes on written applications are considered directly in the courts:

• a civil servant or a citizen who was previously in the civil service, on the restoration of a previously filled civil service position, regardless of the grounds for termination or termination of a service contract, dismissal from a civil service position, dismissal from the civil service, on changing the date of release from a civil service position and the wording of the reason for the said release, on transfer to another civil service position without the consent of a civil servant, about payment for the time of forced absenteeism or about the payment of the difference in monetary maintenance during the performance of official duties for the lower-paid civil service position;
• employer's representative  on compensation to civil servants for damage caused to a state body, unless otherwise provided by federal laws. [2]

The following service disputes are considered directly in the courts:

• about the unlawful refusal to enter the civil service;
• according to written statements of civil servants who believe that they have been discriminated against.

In cases of dismissal from a civil service position and dismissal from civil service on grounds not provided for by Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation" or in violation of the established procedure for dismissal from a civil service position and dismissal from civil service or in case of illegal transfer to another the position of the civil service the court has the right to make a decision on compensation in monetary terms for the moral damage caused to him by a written application of a civil servant. The amount of compensation is determined by the court.

Thus, after analyzing the federal law, we can say that in order for an official dispute to be resolved, it is necessary to submit an application to the commission, which will consider the dispute and resolve it within the appointed time. You can also apply to the court if you were refused groundlessly when entering the civil service and if a civil servant was discriminated against.