<<
>>

2.1. Legal maintenance of principles of activity of customs service of the Russian Federation.

It is obvious, that for successful performance of the problems assigned to customs service she should adhere to certain principles. Importance of their judgement follows from the concept of a principle which is understood «as the central concept, supervising idea, the basis of system representing generalisation and distribution of any position on all phenomena of that area from which the given principle is abstracted» 1.

By principles it is possible to judge an orientation of activity of the most customs service as a whole.

So, the Federal act «About bases of public service of the Russian Federation» contains 12 principles of public service, the Federal act «About system of public service of the Russian Federation» - 9. However these principles are distinguished by absence of the general approach for their classification whereas they should constitute base for joint cooperation of the serving various authorities, all levels and all its branches. The special standard documents regulating customs business and questions of customs service of the Russian Federation - the Customs code of the Russian Federation (old and new), and also «About service in customs bodies of the Russian Federation» do not contain the Federal act

Concepts «principles of customs service» also do not open their maintenance.

Overall objective of the given research is not simply reproduction of principles of public service in the form of a column, and attempt of the analysis of the standard legal acts regulating the relations of public service and forming the initial beginnings of its organisation with reference to customs service taking into account specificity of its activity.

Their analysis shows, that the customs service as a public service version is constructed according to principles which, agreeing with D.N.Bahrahom, it is possible to subdivide into three cores: legality, democratism, профессионализма*. For a basis such division is taken their maintenance.

It would be desirable to notice, that among the principles of public service stated in the federal act «About public service bases» there is no legality principle. However, «those principles which are formulated in a legality context cannot replace it, expressing its letters rogatories (for example, about leadership of the Constitution of the Russian Federation, compulsion of the decision of higher bodies for civil servants)» 2. The last only open its maintenance and are constituting parts of a principle of legality. As the vice-president of the State Customs Committee of Russia V.A.Maksimtsev marked, «effective functioning of customs service is impossible without maintenance of the strict legality» 3. It, according to G.V.Atamanchuka, is "bridge" between the legislation and

1 Bahrah D.N.public service in the Russian Federation. Ekaterinburg, 1995. With. 15.

About

The comment to Customs code RF/Under the editorship of V.A.Maksimtseva, B.N.Gabrichidze. M.: Infra. M.-norm, 1997. With. 15.

3 Alehin A.P., Karmolitskij A.A., JU.M.administrative law's Goats of the Russian Federation: the Textbook. M.: ZERTSALO, TEIS, 1996. With. 171.

The law and order, that is system of stable legal bonds and the relations existing in the state, society, between people and providing their requirements, interests and the purposes »1.

It is remarkable, that the specified blank is eliminated by the Federal act« About system of public service of the Russian Federation »in which item 3 this principle has received the legislative fastening. In what the essence of the given principle consists?

First, it is expressed in leadership of the Constitution of Russia and federal acts over other standard legal acts, duty regulations at execution by officials of customs bodies of official duties and maintenance of their rights. It reflects requirements of item 4 of the Constitution that the Constitution of Russia and federal acts have leadership in all territory of the Russian Federation. With reference to customs service it is expressed and that on the basis of item 2 «Positions about the State Customs Committee of Russia», approved. From 25.10.94 № 2014 [73] [74] State customs committee of the Russian Federation in the activity is obliged to be guided by the decree of the President of Russia by the Constitution of Russia, the Customs code of the Russian Federation, other federal acts, decrees and orders of the President, decisions and Government orders. Besides, in item 4 «General provisions on the MOUTH», item 5 «General provisions on customs», the item 4 «General provisions on a customs post», the State Customs Committees of Russia approved by the Order from 10.10.20002 № 1082, [75] such duties are fixed to regional Customs, customs and customs posts.

In the conditions of a lawful state, and that Russia is owing to item 1 of the Constitution of Russia, abundantly clear, that any federal act, the legal act of the President and the Government of Russia if it contains norms of direct action comes under to unconditional execution from the moment of the official coming into force. However in practice any of subordinate customs bodies will not apply directly such certificates until will obtain the departmental Order of the State Customs Committee of Russia, reproducing their positions, or at least teletajpogrammu with the order to start them to execute. And examples that can result set. Here at least one.

So, teletajpogrammoj the State Customs Committee of Russia № TK - 807 from 26.07.02 1 customs bodies making customs registration, have been informed that to execute the Governmental orders of the Russian Federation from 21.06.2002 № 449 [76] [77] and from 12.07.2002 № it is necessary for 519 [78] customs bodies of the Russian Federation to apply according to

27.07.2002 of the export customs duties of the rate on separate kinds of paper production at a rate of 5 % from customs cost and with

01.08.2002 of the export customs duties of the rate on oil crude at a rate of 21,9 US dollars for 1000 kg. Also it was specified, that the corresponding Order of the State Customs Committee of Russia will be finished in addition. In the Governmental orders terms of their becoming res judicata, that is the beginning of calculation of terms of application of rates of the export customs duties have been specified: Decision item 2 № 449 - in a month after official publication, Decision item 2 № 519 - with

01.08.2002 Despite it, in customs bodies has arrived at first above-stated teletajpogramma, then (it is a little after terms of the beginning of application of new rates of export duties) - the promised Order of the State Customs Committee of Russia from 29.07.2002 № 809 «About rates of the export customs duties» ‘, inherently duplicating the above-named Governmental orders.

Thereupon appointment of such orders-doublers is not clear. As precisely marks Novokshonov I.B., «excessive bureaucratic guardianship of the State Customs Committee of the subordinated structures has generated on places full uterju pravoprimenitelnoj initiatives» [79 [80]. Apparently, the withdrawal from such "guardianship" with granting is necessary for customs bodies of independence in application of regulatory legal acts of direct action. Thereupon some hope is installed by the new Customs code establishing more rigid requirements to standard legal acts of the State Customs Committee of Russia. It, somewhat, will protect customs bodies from the avalanche stream, at times contradicting not only to laws, but also each other departmental standard legal acts and will be, to promote consolidation of legality in activity of customs service.

Secondly, the legality principle finds the expression in fastening to officials of customs bodies of duties on observance of the Constitution of Russia, execution federal constitutional and federal acts.

For employees of customs bodies this duty is fixed Federal act item 17 «About service in customs bodies of the Russian Federation». Besides, specified category of officials of customs bodies, on the basis of item 19 of the given law, not later than two months from the date of assignment of the first special rank takes the oath: "I Swear at realisation of powers of the employee of customs body of the Russian Federation strictly to observe the Constitution of the Russian Federation and the legislation of the Russian Federation, to protect the economic sovereignty and economic safety of the Russian Federation, honesty to fulfil the official duties". The oath, in our opinion, should be considered as the juridical fact establishing publichnopravovoe the relation of public service and fidelity, instead of as «a tradition tribute» 1. Agreeing with of Century Atamanchukom, «swearing, the citizen makes transition from one quality in another — from the status of the private person in the attendant to Fatherland». Besides, under N.M.Kazantsev's statement, the public relation of public service differs «... An establishment of a direct connection of the citizen with the state by means of its personal public certificate — the adjuration to the state involving additional forms of responsibility» 3.

At federal civil servants of customs bodies such duty is fixed Federal act item 10 «About bases of public service of the Russian Federation», however taking oath for them is not provided. On this basis introduction of the oath and for federal civil servants sees necessary with a view of consolidation of legality in customs bodies of Russia.

With a view of consolidation of legality, on the basis of the Decree of the President from 06.06.1996 № 810 «About measures on discipline strengthening in system of public service of the Russian Federation» 4 it is established, that unitary gross violation of discipline in system

1 Kuleshov I.V.decree. soch. With. 40.

2 Atamanchuk G.V.Konstitutsionnye of a public service and personnel selection basis. M.: RAGS, 1997. With. 11.

3 Kazantsev N.M.decree. soch. With. 71.

4 Meeting of the legislation of the Russian Federation. 1996. №24. Item 2868.

The public service, application to guilty federal civil servants of measures of a disciplinary responsibility, up to clearing of a post, infringement of federal acts, decrees of the President, default or inadequate execution of federal acts, decrees of the President and the decisions which have entered validity of vessels are attracting. On the basis of item 18 «Disciplinary regulation of customs service of the Russian Federation», the President of Russia approved by the Decree from 16.11.1998 № 1396, default by the employee of a duty on maintenance of observance of the Constitution and laws is the gross violation of office discipline attracting application of measures of a disciplinary responsibility.

Thirdly, legality is impossible without observance of a priority of the rights and freedom of the person and the citizen, their direct action which oblige officials of customs bodies to observe and protect fundamental laws and freedom of the person and the citizen.

It is necessary to notice, that in Federal act item 3 «About system of public service of the Russian Federation» it is provided both a legality principle, and a principle of a priority of the rights and freedom of the person and the citizen, their direct action, compulsion of their recognition, observance and protection. However, in our opinion, it not two various principles, and one - the legality principle, and a priority of the rights and freedom corresponds with a legality principle as private and the general. This conclusion is based that fundamental laws and freedom of the person and the citizen are fixed, first of all, in the Constitution of Russia, and also in laws, and, hence, their observance there is an exact and strict performance of norms of laws, that is observance of a principle of legality. As they say in the aforementioned Decree of the President of Russia «About measures on discipline strengthening in public service system», default of federal acts, Decrees of the President Russian

Federation and decisions of vessels not only discredits the government, but also breaks the rights and freedom of citizens, undermines bases of the constitutional system of the Russian Federation, fixing, that the person, its rights and freedom are the higher value, and their recognition, observance and their protection - a state duty.

Fourthly, the legality principle is expressed in compulsion for officials of customs bodies of the decisions accepted by higher state bodies and heads within their powers and according to the legislation of the Russian Federation. It follows from unity of system of the government and leadership of the law, from subordination of subordinate bodies the higher. Thanks to it, according to D.M.Ovsjanko, «real conditions for performing discipline in all links of a machinery of government» [81] are created. The given principle is not only one of components of a principle of legality, but also a control system basis in the customs bodies which overall objective is the successful decision of the problems assigned to customs bodies. Legislatively this part of a principle of legality is fixed for employees in the item 17 Federal acts «About service in customs bodies of the Russian Federation» according to which employees of customs bodies are obliged to execute orders and orders of chiefs of the customs bodies, given within their official powers, except for obviously illegal. For federal civil servants of customs bodies - in 10 Federal acts «About bases of public service of the Russian Federation» on which basis federal civil servants are obliged to execute orders, orders, and instructions higher as subordination of the heads, given within their official powers except for the illegal.

Thus, the maintenance of a principle of legality allows to name its major principle in activity of customs service, without which observance realisation of functions of customs bodies (realisation of customs registration, collection of customs payments, struggle against customs offences etc.) it is impossible.

Second, not less important principle of activity of customs service is the democratism principle. We will try to open its maintenance.

First, activity of customs service is based on the constitutional principle of division legislative, executive and the judicial authority. If before acceptance of the Constitution of Russia in 1993 of mutual relation of enforcement authorities with regulatory authorities were characterised by full dependence of the first on the second at real separation of powers it is inadmissible. Each branch of the government should carry out the functions in statutory limits. As is known, customs bodies of the Russian Federation are enforcement authorities on realisation of customs business. Their independence is fixed item 401 of the new Customs code on which basis public authorities of subjects of the Russian Federation, local governments, public associations cannot interfere with activity of customs bodies at realisation of the functions by them.

By essence of the given principle it is caused as well that, the federal civil servant of customs bodies, owing to Federal act item 11 «About public service bases in the Russian Federation», has not the right to be the deputy legislative

(Representative) body of Russia and its subjects, local governments. For employees of customs bodies similar restriction is established Federal act item 7 «About service in customs bodies of the Russian Federation».

Secondly, one of components of a principle of democratism in activity of customs service is proclaimed item 32 of the Constitution of Russia the principle of equal access to public service on which basis the requirements shown to the candidate on a post of the civil servant, are caused exclusively by character of official duties. That is, the specified principle consists that citizens of Russia have the right of equal access to any posts in the state bodies according to the vocational training and without any discrimination. The requirements shown to the candidate on a post of the civil servant, are caused exclusively by character of official duties. It means, that at reception on public service it is not supposed any straight lines »or indirect restrictions depending on race, a floor, a nationality, language, a social origin, property and official position, a residence, presence or absence of citizenship of subjects of the Russian Federation, the relation to religion, belief, an accessory to public associations. Access possibility to public service is limited by the Russian citizenship, age, the experience, a state of health and nearby of others.

For civil servants these requirements the following: citizens of the Russian Federation not more youngly 18 years, owning a state language, having vocational training and meeting the requirements, the established Federal act «About bases of the state have the right of receipt to service

Services of the Russian Federation ». These requirements name qualifying and they depend on many factors.

First of all, from group of the state post and their specialisation. On the basis of the specified law, 5 groups of the state posts of public service are established: the higher, main, leading, seniors, younger. Specialisation is established depending on functional features of the state posts and features of terms of reference of the state body.

Also it is necessary to notice, that for public service by profile formation the higher vocational training on a speciality "the state and municipal management" is. However would be more correct to recognise for customs service as profile formation on a speciality «customs business». As the customs service has own higher educational institutions in the name of the Russian customs academy and its branches annually preparing experts of the corresponding profile.

In qualifying requirements the Decree of the President of Russia from 30.01.1996 № 123 [82] «About qualifying requirements on

To the state posts of federal public service »to federal civil servants requirements under the experience and an operational experience on a speciality join. So, for replacement:

Leading - the public service experience on the senior state posts not less than two years or the work experience on a speciality not less than three years;

Seniors - the work experience on a speciality not less than three years; younger - requirements to the experience are not shown.

It is possible to notice, that from the resulted requirements shown to federal civil servants, and, means, and to customs, there are no requirements to the personal, business, moral qualities allowing serving to carry out assigned on it of an official duty, directed on realisation of the functions assigned to customs bodies. Operating Customs code to customs bodies assigns 11 functions. Here again comprehension by employee of all importance of the duties assigned to it, inadmissibility a prevalence of personal interests over state is very important. Therefore it is necessary, that besides formation and the experience of work the employee of customs bodies possessed personal in its activity personal and business qualities. It is remarkable, that to employees of customs bodies, on the basis of Federal act item 6 «About service in customs bodies», besides requirements to age - 18 years,

To state of health and formation the demands, concerning the personal and business qualities, capable to provide performance of the functions assigned to customs bodies are made. That is they have received fastening at legislative level. In it favourable difference of the special law of customs service from the standard legal acts regulating all public service without specificity of its separate kinds is traced. The important positive moment is also that such requirements are shown at receipt on service. That is already at the given stage it is possible to eliminate the unworthy. Otherwise, already after the edition of the order on reception of the citizen on a post and revealings of any personal qualities incompatible with service in customs bodies, will dismiss the person on the given basis it is rather problematic in view of absence in the list of the bases for the service termination in customs bodies of the corresponding rule of law.

There is a question: how objectively to estimate personal and business qualities of the applicant for a post in system of customs service? The answer is obvious. The psychologist which presence in customs body is provided by Typical structure to the MOUTH, customs and the customs posts, approved by the Order of the State Customs Committee of Russia from 05.02.2003 № 102 [83] can make such estimation. At reception on service the psychologist should be a key figure and its conclusion should give not recommendatory, but a binding character.

Thirdly, the democratism principle assumes publicity in activity of customs service. Though the mechanism of maintenance of publicity in the law is not defined, it is possible to assume, that it is expressed in an openness of the legislation on customs service, availability of customs bodies and the decision of questions on destiny, a legal status of the official of customs body from its permission and the consent. The customs service in a democratic society should be the institute opened for public control that follows from the public nature of customs service. Citizens should know, as well as by what rules it works, to have access to standard materials necessary for them and data, to participate in process of the decision of questions infringing on their interests. Publicity is not only human rights on the authentic, timely and full information, but also its right to participation in the decision of questions, its concerning legitimate interests. The legislation on customs service provides the various rules providing realisation of this right, for example, acquaintance with all materials of the private affair, the preliminary notification about the competition beginning on replacement of a vacant post, acquaintance with the appraisal sheet maintenance. Concerns a publicity principle also that all standard

Legal acts of the federal enforcement authority authorised in the field of customs business, come under to the state registration and official publication (item 5 of the new Customs code). The specified certificates become effective after 10 days after their official publication, except for some cases when these certificates establish more preferential rules, than what operate or if certificates of the legislation of the Russian Federation oblige the State Customs Committee of Russia to enter standard legal acts on customs business into action in more short terms. A short story of the new Customs code, and, undoubtedly, essential step towards strengthening of a principle of democratism of customs service, is the fixed item 5 possibility of the appeal in arbitration court of standard legal acts of the federal enforcement authority authorised in the field of customs business, mentioning the rights and legitimate interests of persons in sphere of enterprise and other economic activities.

V.S.Komarovsky's opinion which instead of the term "publicity" offers wider concepts - "openness", the "responsiveness" opening much bigger and real possibilities of cooperation of citizens with public service »[84] is interesting. We consider, that they can be used as synonyms of concept"publicity".

Fourthly, the democratism principle, is shown also «in removability of officials of customs bodies of the Russian Federation». Removability of shots in customs bodies is provided in the course of their natural updating, for example, connected with leaving

On reaching corresponding age on pension, and also on a state of health, with appointment to other post, in transfer cases in other departments, and also in case of clearing of a post and fall in it. Legal procedures and guarantees of removability of officials of customs bodies are provided partially in the Federal act «About service in customs bodies of the Russian Federation» and other regulatory legal acts, including in normative acts concerning reception and the service termination in the customs bodies published by the State Customs Committee of Russia.

The third principle - professionalism and competence is the leading beginning at the organisation and functioning of customs service. As marks B.N.Gabrichidze, «this not only all-democratic condition of formation and activity of the case of customs employees, but also the accurately legally fixed requirement without which performance reception of the right to conducting operations and actions in customs sphere» [85] is impossible. The term "professionalism" designates deep and comprehensively knowledge and possession of practical skills in certain area, in, particulars, in sphere of customs business. Professionalism means execution by officials of the official duties constantly and for regularly received compensation. Professionalism stimulates expansion and increase of knowledge, experience accumulation, development of organising abilities, constantly high level of office and performing discipline. It is difficult to disagree with D. N. Bahrahom which notices, that «hardly somebody has doubts what to fulfil duties of the doctor, teachers it is necessary on a professional basis, that is is constant, during certain time, within the limits of certain collective and for regularly received

Compensation. Professionalism is demanded also by administrative activity »1. Professionalism is closely connected with concept"competence"which is understood as knowledge of a subject of activity, presence of vocational training, skills in work, studying and best practices development.

As the principle of a priority of professional qualities - main, «bearing» a principle of all design of public service »[86 [87] is marked in the legal literature,«. The given principle includes a number corrected, providing its realisation in practice:

Competition on replacement of all Russian Federations of vacancies arising in customs bodies;

Creation accurately and objectively working system of selection and the estimation of shots directed on attraction, encouragement, deduction and advancement of the best, the most worthy. For this purpose presence of system of criteria of selection accurately defined and accessible to acquaintance, encouragements and advancement of officials by results of promotion examinations and certifications on the basis of their qualification and business qualities, instead of a length of service is necessary. Also it is obviously necessary, that the certifying commission structure included not only officials of customs body spending certification, but also officials of personnel services of other state bodies, teachers of the HIGH SCHOOLS preparing shots of management etc. Besides, the appeal commission for not consent with an estimation of their work of employees should function;

The contract mechanism of mutual relations of officials of customs bodies and the most customs body that will allow to define accurately their mutual rights and duties. Details of contract system should be worked in the Code of customs service. Only such system completely will keep possibilities of administrative career, at the same time giving to it the big flexibility and legal definiteness and raising level of legal security of officials. Last circumstance will strengthen their positive labour motivation and by that will "work" on the statement of a priority of professional advantages.

Thus, officials of customs bodies should possess knowledge and practical skills in area

Foreign trade activities, the nobility of a detail and a subtlety of customs business. They should be guided also in

Corresponding legal material. It is a question first of all of is administrative-legal and is administrative-remedial aspects of regulation of realisation of customs business; about criminally-legal and criminal procedure norms (contraband and other crimes in sphere of customs business, inquiry and operatively-search

Activity), and also about some positions of other legal branches - financial, tax, labour, currency

Legislations, international legal contracts, agreements and norms in the field of cooperation of the states in sphere of customs business.

With a view of a professional training and increase of their qualification activity of educational institutions professional and an additional education is provided. The order of the State Customs Committee of Russia from 06.12.93 № 508 [88] founds the Russian customs academy (MOUTH). During existence of Academy for system of customs bodies of Russia 10 doctors are prepared more than 2,5 thousand experts with higher education, 61 candidate of sciences, more than 10 thousand employees of customs bodies have raised the qualification. In 2001 of the MOUTH and its branches have successfully passed certification and accreditation Minobrazovanija of Russia, on the basis of Academy uchebno-methodical association (UMO) on a speciality «Customs business», consolidating 27 high schools of Russia is created. In 2002 the Academy is recognised by a head educational institution of customs services of the countries - participants EvrAzES and has received the international status - became the fourth in the world the regional educational centre of the World customs organisation.

C the professionalism principle closely connects the allocated D.N.Bahrahom a principle of "office prospect» [89]. Without its fastening hardly it is possible to complete service with high quality experts. It consists that the state such conditions at which officials of customs bodies, have been interested in increase of the professionalism should be created. This interest can be connected with increase in the monetary maintenance, various privileges and indemnifications; with increase in a rank or the qualifying category; with promotion, that is transfer on more vysokostojashchuju a post; with possibility «growth on a place».

So, on the basis of Federal act item 9 «About public service bases» and Federal act item 16 «About service in customs bodies» officials of customs bodies have the right to increase in the size of the monetary maintenance, however, the mechanism

This is not registered. It is meant, that again taki the decision on such increase will depend on a management.

As the positive moment it is possible to allocate an establishment for the employees having a scientific degree and an academic status, extra charges to the official rate of pay. Besides, on the basis of Federal act item 12 «About service in customs bodies» to the employee of customs body having a scientific degree or an academic status, the next special rank it is appropriated on one step above the special rank corresponding to a post, to the colonel of customs service inclusive. For federal civil servants of customs bodies of such privileges it is not provided. Sees unfair establishments of such inequality for officials of uniform system of customs bodies. Legislative settlement of such blank in the legislation, as absence of the rule of law granting the right by the federal civil servant of customs bodies, having academic statuses and scientific degrees, on preschedule reception of the qualifying category, or reception of the qualifying category on a step above a post, and also the percentage extra charge to the official rate of pay is necessary. In this case in a prize there will be also an employee with whom the state encourages for aspiration to high professionalism, and customs service in which numbers people with high scientific achievements serve. In any case to ignore the given problem though it concerns small percent of officials, not far-sighted.

As to promotion - career of the official of customs body it should depend on its conscientiousness, qualification, professionalism, results of service, instead of from subjective opinion of the heads. It is necessary to fix legislatively, that in the presence of corresponding formation, experience and the work experience in system of customs bodies, to the official

Should be real conditions for promotion are guaranteed. There should be a natural updating of shots at the expense of available personnel forces customs, instead of other bodies. Means, that, frequently, at clearing of supervising posts they are displaced with the persons of the foreign organisations having experience of supervising work, but not having an operational experience in customs service. It is necessary to fix is standard, that posts in customs bodies can be displaced with persons from other departments only in the absence of objectively worthy nominee from among the "" officials. It will create possibility of real office prospect, so, work stimulation. That is the customs service should be as much as possible «closed, in it the way upward needs to be begun with the lowest steps» [90].

In the absence of possibility of granting to the person of a higher post, at the maximum conformity of its rank or the category of a post, the top lath of the salary etc., the official of customs body always should have a possibility «growth on a place», interest in an honest work, increase of level of knowledge differently is lost, the initiative is lost, a number of other negative phenomena is generated. It is necessary to provide legislatively possibility of the further stimulation of work of officials of customs bodies not only the long-service bonus as it, in - the first, is differentiated on long enough time intervals. Secondly, it is not so essential in a money's worth. B - the third, depends only on one criterion - service life, instead of from substantial saturation of the given period. Consider expedient to make an estimation of the qualification, the reached results, personal and business qualities of officials not only a management of customs body, but also at effective participation of such institutes of customs service, as Meetings of officials of customs bodies, trade unions for the purpose of an exception of the subjective factor of an estimation.

It is remarkable, that the Decree of the President of Russia from 19.11.2002 № 1336 [91] develops the Federal program «Reforming of public service of the Russian Federation (2003-2005)», one of which purposes is creation of professional public service on the basis of principles of the account and an estimation of results of office activity of civil servants. Now there is only a Technique of carrying out of the analysis and an estimation of activity of the customs bodies, which purpose - a comparative assessment of works of customs posts, customs and the MOUTH, including regarding performance of fiscal and law-enforcement functions, and also an estimation of quality of administrative activity. That is on its basis it is possible to estimate only activity of customs bodies. Results of the analysis of activity of customs bodies allow to estimate potential possibilities of customs body, and also in due time to react to changes of conditions of foreign trade activities in region. The analysis is intended, first of all, for preparation of variants of administrative decisions and offers on perfection of activity of customs bodies with their removal on consideration of a management of customs bodies and the State Customs Committee of Russia. In the light of stated, it is represented the Technique of the account necessary working out and estimations of results of office activity of officials of customs bodies. It also will be the basis for granting to the official of various privileges, increases in the monetary maintenance, possibility of office growth.

Also it is possible to carry to a professionalism principle vnepartijnost ^ and vnekonfessionalnost, that means, that in customs bodies not

Structures of political parties and movements are formed, and officials of customs bodies cannot be guided at execution of the official powers by decisions of political parties and movements, others public, and also religious associations. Problems and the functions which are carried out by officials of customs bodies, demand from them political and religious impartiality. Expression of the given principle is its legislative r fastening in Federal act item 11 «About bases state

Services »and Federal act item 7« About service in customs bodies »on which basis officials of customs bodies have not the right to use the official position in interests of political parties, public, including religious, associations for propagation of the relation to them; in customs bodies formation of structures of political parties, public, including religious, associations, except for trade unions is inadmissible.

In the legal literature to a professionalism principle carry also a principle of stability of shots in the state bodies. It means a relative constancy of shots in posts, minimisation of turnover of staff at stability of regular structure. This one of the major conditions of qualitative functioning of customs service. However this principle concerns the category political as first of all depends on how it is frequent and how much produmanno organizational-regular actions are carried out. This principle is in close interaction with the allocated B.N.Gabrichidze a principle of "social security of customs employees» 1, and A.V.Obolonsky - a principle

L

«Compensated restrictions». It includes a payment, is material-household maintenance and social support from the state: privileges on payment of housing-and-municipal services, interest-free loans for habitation acquisition, journey payment to a place of carrying out of holiday etc. Without it customs officers not in a condition will simply solve the problems facing to them which quantity increases, and character becomes complicated.

The given principle has been fixed in nowadays become invalid «Position about federal public service», approved

L

The decree of the President of Russia from 22.12.1993 № 2267. It is necessary to notice, that the given document besides other, guaranteed to the civil servant annual paid holiday with fare payment to a place of carrying out of rest and back; in the cases established by the legislation of the Russian Federation, - a floor space in the form of separate apartment or the house at the expense of means of the republican budget of the Russian Federation; monetary indemnification of transport expenses or granting taking into account the maintenance and volume of executed official duties of office transport, etc. And, it was guaranteed, that the monetary maintenance, pension and other payments to the civil servant come under to indexation in an order established by certificates of the legislation of the Russian Federation.

The given Position has been cancelled by the Decree of the President of Russia from 19.01.2000 № 72 «About a recognition become invalid for some Decrees of the President of the Russian Federation concerning federal [92 [93] [94]

Public service »[95] with the formulation« with a view of streamlining of legal regulation of federal public service and according to the Federal act "About bases of public service of the Russian Federation", that is streamlining of legal regulation of public service in 2000 was reduced to banal cancellation of a part of privileges for civil servants.

C coming into force (about 01.01.2004 years) the new Customs code the legal status of all officials of customs bodies for the following reason has worsened. The former Customs code contained chapter 62 «the Payment, is material-household maintenance and social protection of officials of customs bodies of the Russian Federation» which provided a number of social privileges for officials of customs bodies: maintenance of officials with a floor space, phone, granting to their children of places in preschool institutions, in public transport, etc. the New Customs code of such chapter at all does not contain free pass. Item 418 is included in it «Material support of activity of customs bodies and social guarantees of officials of customs bodies», having a number of lacks. The first lack is that the legislator has combined absolutely various two objects of legal regulation in one article: Material support of customs bodies and social guarantees of officials. And, the second, all social guarantees of officials are reduced to guarantees at  destruction of the official, or reception of physical injuries by it.

The similar state of affairs leads to complication of acquisition by shots of customs bodies. At those restrictions which are established for officials by the current legislation, the state should guarantee it something in exchange, compensate privileges and indemnifications, worthy wages. Otherwise, on those conditions which has created the new Customs code, in customs bodies not only will go with a reluctance, but can leave and working now, skilled shots working now, that, finally, will break one principles of public service - stability of shots. Ways of the decision of the given problem see in addition of laws in force about customs service corresponding rules of law.

Thereupon gives to hope that point «the Project of the Target program of development of customs service of Russia for 2004-2008» [96] that the basic efforts in questions of social policy of customs service will be directed on increase of level of social security of officials and members of their families, perfection of system and payment level, improvement medical, sanatorno - resort and housing maintenance, becomes one of the basic concepts of development of customs service.

Besides, fruitfully to work and to be afraid for the future, the official should be protected also and from various organizational-regular actions. If, arriving on service, it can is still real expect forthcoming level of the financial position, to estimate the future social status and to make the adequate decision it cannot provide future "reforms", and, means, it should have legal guarantees of protection against them, especially, if they lead to its deterioration financial and a legal status.

Unjustified actions cause painful and quite often expensive movings of the personnel that will disorganise

The government. For example, reform of customs service of 1997-1998 of has translated officials of customs bodies in the category of employees of the customs bodies, passing customs service under the contract, having the special ranks which service has been equal to the military. Accordingly, the legal status of officials of customs bodies taking into account specificity of customs service, its characteristic as has been considerably hardened by the law-enforcement, militarised, prosecuting subjects of economic safety. After some years - in 2002 there is a return process: the most part of employees of customs bodies translate on conditions of the federal public service which is not considering features of customs service, without the objective bases on that, without substantiations intermediate and end results that involves considerable deterioration of a legal status of the service which have passed to new conditions of a category of officials of customs bodies. In system of customs bodies as a rule, there are not reforms, and the experiments spent by a trial and error method, interfaced to the big degree of social risk though it is scientifically proved, that «connection of reform with experiment unnaturally» [97]. In intervals between these "global" personnel reforms organizational-regular actions with staff reduction, fall in posts etc. were annually carried out. Such actions do not pass without serious consequences, generating in customs bodies unhealthy moral and psychological atmosphere, uncertainty in tomorrow.

On the basis of the stated we consider, that the principle social should be the fourth principle of activity of customs service and

Legal security of officials of customs bodies of the Russian Federation. And it should be not simply legislatively fixed, but also its maintenance, including responsibility of the state for any worsening legal status of customs officers reforming and real mechanisms of protection of officials of customs bodies from similar transformations is opened.

Under the maintenance the given principle is close to a principle of stability of shots. However, if last demands decoding of the maintenance the name of a principle of social and legal security of officials of customs bodies speaks for itself and does not demand additional comments.

In the legal literature it is noticed, that «reliable legal guarantees of stability of public service to administrative law are not known» 1. It is possible to name counterargument of the given opinion that if at legislative level to provide financial responsibility of the state for any organizational-regular actions carried out in customs service the risk of destabilization of personnel structure of customs bodies can be reduced to a minimum.

' N.

t

<< | >>
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

More on topic 2.1. Legal maintenance of principles of activity of customs service of the Russian Federation.:

  1. the CHAPTER II LEGAL BASES of ACTIVITY of CUSTOMS SERVICE of the RUSSIAN FEDERATION
  2. legal regulation of passage of customs service by employees and federal civil servants of customs bodies of the Russian Federation.
  3. concept of customs service of the Russian Federation as special kind of public service.
  4. the CHAPTER I ORGANIZATIONAL BASES of ACTIVITY of CUSTOMS SERVICE of the RUSSIAN FEDERATION.
  5. § 3. Directions of perfection of legal regulation of activity of customs bodies of the Russian Federation on maintenance of economic safety
  6. 2.1. Politiko-legal principles as a basis of construction of system of law-enforcement service of the Russian Federation
  7. § 1. Legal regulation of the organisation and activity of customs bodies in the Russian Federation
  8. Alekseeva Tatyana Sergeevna. is administrative-LEGAL REGULATION of ACTIVITY of CUSTOMS BODIES ON MAINTENANCE of ECONOMIC SAFETY of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Saratov -,
  9. § 3. The basic directions of perfection of remedial activity of boundary bodies of Federal security service of the Russian Federation in the field of protection of Frontier of the Russian Federation
  10. 2.3. Special operational principles of the organisation and functioning of law-enforcement service of the Russian Federation
  11. BLOHIN Vladimir Vjacheslavovich. LEGAL REGULATION of ACTIVITY of CUSTOMS BODIES ON MAINTENANCE of ECONOMIC SAFETY of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Moscow, -2004 2004