Model Code of Ethics and Official Conduct for Civil Servants of the Russian Federation and Municipal Employees.

Landscaping and planning 13.10.2019

Model Code of Ethics and official behavior civil servants of the Russian Federation and municipal employees (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), the Model Code of Conduct for Public Officials (Appendix to Recommendations of the Committee of Ministers of the Council of Europe dated 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 session of the Interparliamentary Assembly of the CIS Member States (Decree No. 19- 10 of March 26, 2002), Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption", Federal Law No. 58-FZ of May 27, 2003 "On the Public Service System of the Russian Federation", Federal Law dated March 2, 2007 No. 25-FZ "On municipal service in the Russian Federation", others federal laws containing restrictions, prohibitions and duties 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 Approval general principles official conduct of civil servants” and other normative legal acts of the Russian Federation, as well as on generally recognized moral principles and norms Russian society and states.

The Code serves as the basis for the development by the 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 work ethics and the basic rules of official conduct that should be followed by a civil servant of the Russian Federation and a municipal employee (hereinafter referred to as state and municipal employees), regardless of the position they hold.

2. A citizen of the Russian Federation entering the public service of the Russian Federation, or municipal service(hereinafter referred to as the state and municipal service), gets acquainted with the provisions of the Code and observes them in the course of his official activities.

3. Each 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 for state and municipal employees for the worthy performance of their professional activity, as well as promoting the strengthening of the authority of state and municipal employees, citizens' confidence in state bodies and local governments and ensuring a unified moral and regulatory framework for the behavior of state and municipal employees.

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

a) serves as the basis for the formation of proper morality in the field of state and municipal service, respect for state and municipal service in the public mind;

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

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

Model Code of Ethics for a Civil Servant of the Russian Federation

Code of Ethics for a Public Servant there is a system of moral norms, obligations and requirements of conscientious official behavior of officials of state bodies and local self-government bodies, based on generally recognized moral principles and norms of Russian society and the state.

Article I. Basic moral principles of administrative morality

1. Service to the state

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

1.2 . A civil servant has no right to subordinate the state interest to the private interests of individuals or political, social, economic and any other groups, to act in favor 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 the peoples of Russia.

2.2 . A public servant should not use his influence and power in the interests of any one of social groups and its 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 unprotected groups of the population. Under no circumstances should they be discriminated against.

2.4 . A civil servant should 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 a person and a citizen is a moral duty and a professional duty 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 has become known to him in connection with the performance of official duties, affecting the private life, honor and dignity of a citizen.

4. The principle of legality

4.1. A civil servant is obliged by his actions to observe and uphold the Constitution of the country, laws and regulations of the Russian Federation. It is morally unacceptable to violate laws based on political, economic expediency, for any other, even noble, motives. The principle of the legality of one's activity, one's official and out-of-service behavior should be the moral norm of a civil servant.

4.2 . The moral duty of a civil servant obliges not only himself to strictly observe all the norms of laws, but also to actively oppose their violations by his colleagues and leaders of any rank. The moral duty of an employee is to inform the appropriate authorities and authorities about such violations.

5. The principle of loyalty

5.1 . A civil servant is obliged to comply with the principle of loyalty - conscious, voluntary compliance with the rules, norms, regulations of official behavior established by the state, its individual structures, institutions; fidelity, respect and correctness in relation to the state, to all state and public institutions; maintaining the image of power structures, constant assistance in strengthening their authority.

5.2. A civil servant should not speak in the media, give interviews and 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 state 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 state power.

5.4.
A civil servant is obliged to conduct a discussion in a correct form 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 likes and dislikes, not to sign any political or ideological documents, not to participate as an official in any political actions, not to advertise publicly his special relations with specific politicians.

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

6.3 . A civil servant should not allow the use of material, administrative and other resources of a state body to achieve any political goals, carry out political decisions, 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 disinterestedness are mandatory rules for the moral behavior of a civil servant, indispensable conditions for his official activity.

3. Entry into public office and being in it presupposes a developed sense of duty and responsibility. A civil servant must perform the duty assigned to him by the state and the law, with the greatest degree of personal responsibility.

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

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

Article III. Performance of official duties


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

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

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

4 . The moral duty and professional duty of a civil servant is the openness of his work to the public, ensuring the availability of information about the activities of his state body within the limits and in the manner established by the relevant laws, other regulatory legal acts.

5. A civil servant should not shift the decision 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 relations in the team, strive to cooperate with colleagues. Manifestations of immoral forms of behavior in a team, such as denunciation, toadying, squabbles, etc., are unacceptable.

2. Intolerance towards management, certain colleagues or their actions must be manifested in an appropriate form and when there are serious grounds. At the same time, rudeness, humiliation of human dignity, tactlessness, deliberate discrimination are unacceptable.

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

Article V. Inadmissibility of mercenary 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, his department. A civil servant should not pursue in his activities the achievement of any personal selfish interests.

2. In the course of his official activities, a civil servant cannot make any personal promises that would be at odds with official duties, would ignore official procedures and norms.

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

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

Article VI Conflict of interests

1 . A conflict of interest arises when a civil servant has a personal interest in the course 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 connections.

2. Upon entering the civil service, upon appointment to a position, when performing the corresponding type of official duties, orders of the leadership, 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, proposals for cooperation, work, etc.)

3. A civil servant is obliged to condemn and expose any kind of corruption and corrupt officials of any level. It may require, and in some cases is obliged to do so, public recognition of cases of corruption through judicial process or means. mass media.


Article VII. public control


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

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

3 . It is expedient to create ethical commissions in state bodies, departments, institutions. The most respected employees of the department, both those who work in it and those who worked earlier, representatives of the administration, trade union organization, public figures, representatives of culture and other persons can be elected to their composition.

Moderatorsubsection: Bobrova Elizaveta

This document is not just a set of rules. It is based on whole list international and Russian documents, including the main law of the country - the Constitution. as well as the generally recognized moral standards public morality.

Why and what is needed

The state apparatus, its entire vertical is a complex system power, implying different levels of subordination, access to information, responsibility and authority. To ensure a coherent and effective work such a complexly structured "organism" requires clear rules of conduct within the framework of professional work ethics. The document in question is mandatory for use by all civil servants, regardless of rank, group, class and position.

What is provided

The application of the Code is provided, first of all, by the special social and legal status of civil servants. The thing is that the position of this group of people determines not only the influence of dogmas and rules of public morality on them (it doesn’t matter whether they are documented anywhere or not), but also the influence of the behavior of civil servants themselves on the formation of the ethics of official and interpersonal communication. That is, an official is a kind of model for ordinary citizens and his subordinates.

In addition, directly or indirectly, he personifies power, declares powers, determines the attitude to specific issues and options for their solution. It is also useful for ordinary citizens to study the document, as this will help them respond correctly to the actions of officials in a given situation, in accordance with the set of rules and expect behavior and reactions from those in power within strictly defined limits.

Model code of ethics for state and municipal employees

On the this moment service relations between civil servants in our country are regulated by the current Code of Ethics and Official Conduct. The document clearly spells out the goals and objectives of the set of rules, their obligation for employees of any position, and even the level of responsibility for violations of the provisions of the document. The extent to which civil servants know and comply with " model code ethics and official behavior of civil servants”, is one of the main criteria qualitative assessment their work and behavior in the service.

The main principles governing official behavior of officials include:

  • conscientious and professional performance of official duties;
  • understanding the meaning of their work, as the recognition, observance and protection of the rights and freedoms of man and citizen;
  • prevention of excess of authority;
  • loyalty to any groups that differ in social, professional and other criteria;
  • the primacy of professionalism over personal interests;
  • counteracting corruption and other crimes within the framework of the authorities and the law;
  • correctness, attentiveness and observance of the law in all its manifestations.

Model Code of Ethics and Official Conduct of State and Municipal Employees

What will happen for non-compliance with the Code

Each case of violation of the current provisions of the document is considered by a special commission. Article 10 of this Code determines the responsibility of civil servants for any violations. In addition to moral responsibility, there is also a legal one:

  • disciplinary action up to and including dismissal;
  • administrative and criminal liability provided for by law.

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 of official conduct, which should be followed by state and municipal employees.

"Article 3. Basic principles of official behavior 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, which forms the framework of service behavior. Here I would like to dwell in more detail. Citing paragraph 2 of Article 3 “... State and municipal employees, aware of their responsibility to the state, society and citizens, are called upon: ..” it should be noted that, in fact, important duties for the good of society and the image of state bodies are applied by the call. There is a significant difference between the concepts of call and duty. The call can be classified as free opportunity to the commission of any positive or negative actions allowed by law, custom or any other source of law. Duty, on the other hand, is the compulsion to take some positive or negative action, no matter whether it arises from internal urges or from external pressure. In order to achieve the mission of the code, civil servants in the conditions of 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". In other matters, this is not the only article that duplicates the already created regulatory legal acts of the Russian Federation. One gets the impression of reprinting Federal Laws and Decrees of the President of the Russian Federation.

Article 8. "Official behavior."

In official conduct, a state and municipal employee refrains from:

a) any kind of statements and actions of a discriminatory nature based on sex, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences;

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

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

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

3. State and municipal employees are recognized to contribute by 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 in dealing with citizens and colleagues.

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

“the appearance of a civil servant in the performance of official duties, depending on the conditions of service and the format of the official event, should contribute to the respect of citizens for state bodies and local governments, comply with the generally accepted business style, which is distinguished by formality, restraint, traditionalism, accuracy.

In my opinion, this article is rather vague and needs to be improved, since the issue of the dress code of a civil servant has been discussed more than once in the media. The requirements for the appearance of a civil servant are filled with new content in an increasingly open activity state structures and especially in view of the active intrusion into all spheres of life by the unsleeping television eye. The solution to this problem is possible in a more detailed specification. appearance civil servant.

The fourth chapter of the code of ethics stipulates liability for violation of this code:

“Violation of the provisions of the Code by a state or municipal employee 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 settlement of conflicts of interest formed in accordance with Decree of the President of the Russian Federation dated July 1, 2010 No. 821 “On Commissions on compliance with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest”, and in cases provided for by federal laws, violation of the provisions of the Code entails the application of measures of legal liability to a state or municipal employee. Given the peculiarity of the Russian mentality, the measure of responsibility for non-compliance with the provisions of the code is rather 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 state 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 the responsibility under the code will not be rigid.

Compliance with the provisions of the Code by state and municipal employees is taken into account when conducting attestations, 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 evaluating the idea of ​​creating codes in the 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 the State Civil Service of the Russian Federation” and dated December 25, 2008 No. 273-FZ “On Combating Corruption”, Decree of the President of the Russian Federation of August 12, 2002 No. 885 "On approval of the general principles of official behavior of civil servants" . Consequently, the term "codes" is used in relation to these codes rather conditionally, since they are not, in essence, the result of codification.

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

Possible different forms functioning 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 be liable 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 the unified Charter of state and municipal employees of the Russian Federation and are distributed throughout its territory.

code of ethics official civil

We recommend reading

Top