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2.2. Classification of staff of customs bodies of the Russian Federation.

In standard legal acts of Russia, and also the legal literature there are the following concepts concerning staff of customs bodies: «the state customs employee», «the employee of federal customs bodies», the federal civil servant of customs bodies, «the customs employee» 3, the official of customs body, the worker of customs body, the employee of customs body, the customs officer.

Such variety of concepts creates some mess in the maintenance of a legal status of those whom it characterises. Therefore before to start classification of staff of customs bodies, we will try to clear up and definiteness, in what value and in what cases it is necessary to use this or that concept in the light of the current legislation.

Customs bodies are federal enforcement authorities. From positions of articles 3 of the Federal act «About bases of public service of the Russian Federation» and 10 Federal acts «About system of public service of the Russian Federation» follow, that the federal civil servant - the citizen who is carrying out professional office activity on a post of federal public service and

1 Russian customs right: the Textbook / Under the editorship of B.N.Gabrichidze. M., 1997. With. 137.

At

CHemakin I.M.practical work by the customs right of Russia: Uchebn. The grant. M., 1997. With. 20.

Receiving monetary compensation for the account of means federal ^ the budget.

With reference to customs bodies of Russia it is possible to tell, that federal civil servants of customs bodies are all persons occupying in them the state posts and executing powers on performance of the cores of function of customs bodies, directed on realisation of customs business in territory of Russia.

The concept «the state customs employee Russian ^ Federations» is not fixed standard, therefore is the most frequent

It is subject to any interpretation. The Federal act special for customs service «About service in customs bodies» contains only definition of officials of customs bodies which the citizens occupying posts in specified bodies by whom special ranks (employees of customs bodies) or qualifying categories are when due hereunder appropriated are. The made definition does not allow to connect concept of the official with the investigated directly. Therefore we will address to the legal literature on a customs problematics.

So, D.N.Gabrichidze makes following definition of the state customs employee. It «the person holding for compensation a post in customs bodies, establishments and the organisations, participating in realisation of customs business and possessing in certain volume (circle) of the rights and duties» 1. V.V. Plugs specifies, that «the state customs employee is a version of the civil servant and one of which - that state possesses a number of the specific signs,

The customs employee is called as the employee (official) of customs bodies »1.

Generalising stated, considering, that:

- The state posts from 02.04.2001 № 327 are founded by the Order of the State Customs Committee of Russia not only in customs bodies, but also in the organisations, called to promote realisation of functions of customs bodies (customs laboratories, educational institutions, etc.);

- Citizens of the Russian Federation not simply occupy posts and not for it receive monetary compensation, and execute provided by them power (posts);

- Carry out the activity professionally, that is having the professional education and on a constant basis, it is possible to make following definition of the state customs employee of customs bodies of the Russian Federation.

He/she is the citizen of the Russian Federation, holding the state post (on which the special rank or the qualifying category) in customs body or the organisation of the State Customs Committee of Russia is appropriated, professionally executing the rights provided by a post and the duties directed on direct realisation of customs business (or contribution to its realisation), for the monetary compensation paid from means of the federal budget.

There is one more category of serving customs bodies - so-called support personnel. These are those, «who ensures functioning of a communication facility, vehicles, technical maintenance. Their activity is not connected directly with a profile of the state body in which they work, therefore their trade is independent of this profile. But they employees, without which customs 1 Vitjuk V.V. Ukaz's activity. soch. With. 228-229.

On

Bodies it is impossible »1. In spite of the fact that their posts are founded in customs bodies, they do not concern to state as are necessary only for technical maintenance of customs bodies and do not join in registers of the state posts. To the specified category of employees concepts« the customs employee »(whereas the post is founded all the same in customs body, but without a word"state"), and also is standard fixed (Federal act item 4« About service in customs bodies ») concept -« the worker of customs body of the Russian Federation »are applicable.

And, at last, we will try to open the most collective and often met concept which is as a matter of fact a theme of given research, it is concept of "customs officer". We will address to the standard legal acts of the customs legislation using the given term.

So, the Decree of the President of Russia from 04.08.1995 № 811 «About an establishment of day of the customs officer of the Russian Federation» [98 [99] [100] establishes a professional holiday — Day of the customs officer of the Russian Federation.

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The decree of the President of Russia from 05.10.2001 № 1192 approves «Position about an honorary title« the Deserved customs officer of the Russian Federation », establishing, that the specified rank is appropriated to employees of customs bodies. That employees of customs bodies are called as customs officers testifies and« the Code of honour of the customs officer of the Russian Federation », approved by the Order of the State Customs Committee of Russia from 03.09.1997 № 530 [101] which establishes, that« the customs officer is a representative of the state ».

Taking into consideration (before transition to new conditions of service in 2002), it is possible to assume date of the edition of the given standard legal acts, that customs officers were called as employees because of absence in customs bodies of other posts.

Sees obvious, that it is necessary to understand as customs officers only what activity on the state posts of customs bodies and the organisations of the State Customs Committee of Russia is directly directed on realisation of "customs" functions and customs business or promotes its realisation. Support personnel (workers of customs bodies) into this concept do not enter. That is, customs officers are state customs employees of customs bodies of Russia.

By the legislation it is provided, that in unusual cases a breastplate "the Honourable customs officer of Russia" heads of the state bodies and the organisations of Russia, citizens of the state-participants CIS, the foreign states for assistance rendering to customs bodies of Russia in performance of their functions can be awarded. So, for the special personal contribution to formation, development and perfection of customs system of the Russian Federation by a breastplate «the Honourable customs officer of Russia» have been awarded eks - the President of the Russian Federation B.N.Yeltsin and the former Chairman of the Government of the Russian Federation V.S.Tchernomyrdin.

Thus, we had been considered classification of customs employees by the posts founded in customs bodies. From it follows, that all customs employees share on state (if posts concern the state posts of public service) and simply serving (workers). State customs serving are officials of customs bodies who name customs officers. They, in the

Turn, are subdivided into employees and federal civil servants.

Taking into consideration the classification of employees offered by Bahrahom D.N. according to which «all employees depending on on what pattern of ownership the organisations in which they work are based, it is possible to subdivide into employees: 1) private enterprises, establishments; 2) the international, foreign, mixed organisations; 3) the public and other organisations based on the collective property; 4) the state organisations» 1, it is possible to tell with confidence, that employees of customs bodies and the organisations of the State Customs Committee of Russia are employees of the state organisations. It is represented, that concepts «the state customs employee» and «the employee of customs bodies and the organisations of the State Customs Committee of Russia» are equivalent.

In the light of the accepted Federal act «About system

Public service »on which basis of a post of public service are subdivided into posts of civil, military and law-enforcement service and be agree which in federal state body can posts of public service of the various kinds are founded, in the long term all state customs employees can be subdivided on civil state customs serving and law-enforcement. Now criteria of such division are absent.

Having considered values of all concepts interesting us, we will start classification of the state customs employees. At research of the given question as marked D.N.Bahrah, «it is impossible to forget a difference between grouping and classification. Grouping -

1 Bahrah D.N.administrative law: Uchebn. The grant. M., 1993. With. 100.

This division whole on a part by any criterion. And at classification some criteria are used, the strict sequence of their application is established. As a result within the limits of the whole types, childbirth, etc. come to light. »1. Besides, it specified that the basic attention should be given classification of posts which« is understood as distribution of the specified posts on groups with definition of requirements to them and on specialisations »[102 [103].

On where there are posts of the state customs employees, it is possible to allocate the state customs serving customs bodies and the state customs serving organisations of the State Customs Committee of Russia.

The state customs serving customs bodies, in turn, it is possible to subdivide into the state customs employees of the State customs committee, Regional Customs, customs and customs posts.

The state customs serving organisations of the State Customs Committee of Russia it is possible to subdivide into employees: Main and regional customs laboratories, the Main scientifically-information computer centre of the State Customs Committee of Russia, the Northwest information-technical centre, the Central hospital of the State Customs Committee of Russia, the Central polyclinic of the State Customs Committee of Russia, sanatoria, boarding houses of the State Customs Committee of Russia, medical aid stations, the Northwest film logic centre, the Russian customs laboratory, Representations of customs service of the Russian Federation abroad, an orchestra and studio of artists of the State Customs Committee of Russia etc.

Depending on a category of customs bodies where there are posts of the state customs employees, the last can be subdivided into employees of customs bodies of the higher, the first, the second, and the third categories. On the basis of Position about an establishment of categories to customs bodies of the Russian Federation, the State Customs Committee of the Russian Federation approved by the Order from 27.12.2002 № 1427 «About introduction in action of Position and the Technique of an establishment of a category to customs bodies of the Russian Federation» to [104] MOUTH have the higher and 1st categories; customs - the higher, 1st and 2nd categories; customs posts can have 1, 2 or 3rd categories. The Russian customs academy is equal to a highest category MOUTH, GNIVTS the State Customs Committee of Russia, MOUTH branches to the MOUTH of the first category, medical-improving establishments of the State Customs Committee of Russia - to customs of 2nd category.

Besides, each customs body has the structure approved by the Order of the State Customs Committee of Russia from 05.02.2003 № 102 «About the statement of typical structures and names to the MOUTH, customs, customs posts and their divisions». Depending on in what division the post of the state customs employee is founded, employees can be subdivided on a post accessory to this structural division. For example, the state customs employee of a department of documentary maintenance of N th customs of 2 categories. Or the state customs employee of a department of customs modes to a highest category MOUTH.

On character of activity the staff of customs bodies can be subdivided into the administrative and managerial personnel and the industrial personnel or simply serving. It is obvious, that employees and federal civil servants of customs bodies and the organisations of customs service of Russia will be carried to the administrative and managerial personnel. Workers of budgetary sphere accordingly concern the industrial personnel. According to N.M. The horse-flesh, «such division of employees is general, but not universal, for to administrativnoupravlencheskomu to the personnel all concern serving controls above the enterprises irrespective of a post and character of carried out activity (both the minister, and the expert, and the cleaner-rassylnaja)». [105] Therefore with reference to customs bodies this classification expresses nothing and there is nothing speaks.

On character of work (a seniority of posts) the staff of customs bodies can be subdivided into heads, experts and technical executors.

The specified division of employees into heads, experts (called also the basic structure) and technical executors has been approved «by the Uniform nomenclature of posts of the employees, approved in 1967 the State committee CM of the USSR concerning work and a wages». This document became a basis for working out of job characteristics, states, tarifnokvalifikatsionnyh directories and schemes of official rates of pay.

The basic maintenance organizujushchej activity of heads consists in directing activity of experts directly subordinated by it, to supervise over it. The essence of administrative activity of any head consists in putting problems to the subordinated persons, to define an order and terms of their performance, to allocate material and other resources, to establish working conditions of the subordinated persons and rukovodimyh objects for the concrete period. [106 [107]

«And.

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Management it is possible to characterise through the term "influence" which specifies on defining in management - its real influence on consciousness, behaviour and activity of the people, subordinating their realisations of the planned purposes. Any operating influence always and everywhere should comprise the exact purpose and an exact direction of movement to it, besides to be practical, that is to cause the valid movement to the purpose and approach to it. In operating influence the organizational moment necessarily contains. The head should be also the good organizer. To organise - means to have people in space (territory, constructions, the binding to tools and means of labour) and to allocate with their functional roles consisting in performance of necessary kinds and volumes of activity. According to N.M. The horse-flesh, a basis of the legal characteristic of a post of heads is the following. « In - the first, they bear all completeness of responsibility for a management of the organisation or carried out in it functions of management and according to it within the competence administrative decisions make. Secondly, they are allocated administratively - administrative powers, the right to give obligatory instructions to execution on all questions of activity rukovodimyh the objects, the subordinated officials and to accept various certificates of management ».5

The Chairman, vice-presidents, members of Board of the State Customs Committee of Russia concern heads; chiefs of regional Customs and customs, customs posts; chiefs of managements, services, departments, other structural divisions of customs bodies, their assistants; directors of the customs enterprises and the organisations, educational institutions and scientifically - 1

And

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Research establishments. Heads of customs bodies and the organisations of the State Customs Committee of Russia play a main role in definition of perspective and current problems of headed body or structural division; in a direction and coordination of their activity, selection and placement of personnel, decision-making and the control over their performance.

Heads and assistants to customs bodies and the organisations of customs service of Russia can have the staff of customs employees helping them to carry out the functions according to distribution of duties. Depending on level and a place of corresponding body in system of customs bodies such staff can consist of two and more serving. To name conditional it it is possible the device at a management. For example, the Chairman of the State Customs Committee of Russia has the device into which its advisers enter, reviewers and other categories of employees.

Employees of customs bodies and the organisations of the customs service concern number of experts, having the higher vocational training which perform the work demanding special knowledge and labour skills, but are not heads. Experts are employees with the higher economic, legal, technical and other formation. Their vocational training should correspond to qualifying requirements on a displaced post. It is all inspection structure of customs bodies and the organisations of customs service of the Russian Federation.

Technical executors - the persons who are carrying out auxiliary activity: secretaries, clerks, dokumentovedy,

Registrars, other employees occupied with economic service, drivers, lift attendants, cleaners, watchmen. Here it is possible to carry workers of budgetary sphere. However, if to be legally exact,

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Officials of customs service it is possible to tell, that it is the citizens of the Russian Federation occupying posts both in customs bodies and in the organisations of customs service of Russia. Besides, according to the given author, service under the contract distinguishes officials from the workers which activity is regulated by the labour legislation. However the spent reform of customs service has considerably changed character of its personnel structure, having translated its big part to new conditions of service. In customs bodies and the organisations of customs service there was such category of officials, as the federal civil servants, passing customs service under the employment contract and by which qualifying categories are when due hereunder appropriated. Means, it is possible to consider Magery A.A.'s this definition become outdated.

Agreeing with Magery A.A.'s opinion, «officials of customs service possess signs: the civil servant, the official of law enforcement body and the public agent».1

On posts employees of customs bodies, on the basis of the Order of the State Customs Committee of Russia from April, 2nd, 2001 N 327 «About the statement of the general list of posts of employees of the senior commanding structure, average commanding structure and younger structure of customs service of the Russian Federations corresponding to them of limiting special ranks and the general qualifying requirements», are subdivided depending on a category of customs body. To, to an example, in customs of 2nd category following posts are established:

- The chief of customs;

- The first assistant and the deputy chief of customs;

Matera A.A.decree. soch. With. 151-152.

- The assistant to the chief of customs;

- The chief and the deputy chief of a department;

- The chief of branch;

- The main inspector, senior operupolnomochennogo on especially important issues, the senior investigator on especially important issues;

- The assistant to the chief of customs on mobilisation work;

- The leading inspector, operupolnomochennogo on especially important issues, the representative on especially important issues;

- The chief inspector, senior operupolnomochennogo, the senior representative, the senior investigator;

- The inspector, operupolnomochennogo, the representative, the investigator.

On the posts occupied with employees of customs bodies, and

To corresponding these posts to special ranks, on the basis of Federal act item 5 «About service in customs bodies of the Russian Federation», them subdivide into following groups:

1) younger structure: the ensign of customs service, the senior ensign of customs service;

2) average commanding structure: the second lieutenant of customs service, the lieutenant of customs service, the senior lieutenant of customs service, the captain of customs service;

3) the senior commanding structure: the major of customs service, the lieutenant colonel of customs service, the colonel of customs service;

4) the higher commanding structure: the major general of customs service, the lieutenant general of customs service, the colonel general of the customs service, the valid state counsellor of customs service of the Russian Federation.

As to federal civil servants, on the basis of federal act item 3 «About a monetary contentment...» The quantity of posts of federal public service in customs bodies is defined by the Government of Russia,

Posts of federal customs employees are established by heads of corresponding federal enforcement authorities. For today such is standard-legal documents are absent, that once again underlines impreparation, unjustified haste of carried out reform of customs service. The list of posts is established by the Decree of the President of Russia «About the statement of lists of the state posts of federal public service» from 03.09.1997 № 981 [108] (in red. The decree of the President of Russia from 16.01.2004 № 56), that is the given question is regulated not by departmental standard documents, and Decrees of the President. For example, in the MOUTH, customs and on customs posts to leading customs employees posts of the deputy chief of service to the MOUTH, the deputy chief of customs, the deputy chief of a customs post, the chief of a department of service to the MOUTH concern, the chief of a department of customs (a customs post), etc. the senior customs employees concern: The assistant to the chief to the MOUTH, the assistant to the chief of customs, the main state customs inspector to the MOUTH, etc. And, at last, to younger customs employees is carried the state customs inspector.

On occupied federal customs serving to their posts, on the basis of Federal act item 6 «About bases

Public service of the Russian Federation », it is possible to subdivide into the higher, main, leading, senior and younger employees.

On the basis of Federal act item 7 «About bases

Public service »the civil servant following qualifying categories can be appropriated:

The valid state counsellor of the Russian Federation 1, 2 and 3rd class - to the civil servants displacing the higher state posts of public service;

The state counsellor of the Russian Federation 1, 2 and 3rd class - to the civil servants displacing the main state posts of public service;

The adviser of the Russian Federation 1, 2 and 3rd class -

To the civil servants displacing leading state posts of public service;

The adviser of public service 1, 2 and 3rd class -

To the civil servants displacing the senior state posts of public service;

The reviewer of public service 1, 2 and 3rd class -

To the civil servants displacing younger state posts of public service.

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A source: Fedasova Julia Vladimirovna. the is administrative-LEGAL ORGANIZATION of CUSTOMS SERVICE of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Moscow. 2004

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