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legal regulation of passage of customs service by employees and federal civil servants of customs bodies of the Russian Federation.

As direct realisation of customs business is assigned on officials of customs bodies of the Russian Federation, we will try to track evolution of the concept of the official, and also the constituting its legal status representing «is standard fixed set provided by the legislation of the Russian Federation (the general and special) their rights and freedom, duties, responsibility, the realisation and activity mechanisms, creating a guarantee of maintenance of legality in activity of customs bodies of the Russian Federation» [109].

The Customs code accepted on June, 18th, 1993 did not contain definition of the official of customs body, and fixed (in item 420 «Officials of customs bodies of the Russian Federation») only conditions to which this person should correspond: to be the citizen of the Russian Federation, to have ability on the business and moral qualities, to an educational level and a state of health to carry out the problems assigned to customs bodies, to pass a trial period till 1 year, to take the oath, make contract, receive a special rank. Here it is necessary to notice, that the Customs code did not open maintenance of problems which are assigned to customs bodies, and fixed in item 10 only the basic functions of customs bodies. Therefore treatment of an estimation of the official

Customs body on abilities to carry out the problems assigned to customs bodies was legally not correct.

In the Customs code guarantees of appropriate execution by officials of customs bodies of the official duties, or, otherwise, service principles in customs bodies of the Russian Federation also contained. According to them (ch. 2 items 421 «the Guarantee of appropriate execution by officials of customs bodies of the official duties»), officials of customs bodies at execution of the duties assigned to them were guided only the legislation and other legal acts international treaties of the Russian Federation, submitted to direct and direct chiefs. Also principles of inadmissibility of illegal intervention in activity of customs bodies or compulsion of the official of customs body to performance of the duties which have been not assigned to customs bodies have been fixed. The interdiction for creation in customs bodies of political parties and other public associations pursuing political ends is established.

Owing to item 421 of the former Customs code officials of customs bodies had not the right to be engaged in enterprise activity; to be attorneys at the third parties on customs questions; to perform paid work on the terms of plurality, except scientific, teaching and creative; to perform the works connected with customs business on contracts of civil-law character; to render with use of the official position not provided by the legislation of the Russian Federation assistance to persons and to receive for this compensation, services and privileges; to take part in management of managing subjects; to organise strikes and to participate in their carrying out.

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The rights of the official of customs body were limited to the right of application of the physical strength, special means and fire-arms (ch. 1 item 423 «Conditions and limits of application of the physical strength, special means and fire-arms»), reception of interest-free loans for individual and co-operative housing construction (item 434 «Maintenance of officials of customs bodies with a floor space, phone and granting to their children of places in preschool institutions»), on a business card presentation free of charge to use all kinds of public transport (item 435 «the Rights of officials of customs bodies at journey and a finding to official journeys») and nearby of others.

Article 421 of the Customs code contained a duty of the official of customs body at reception of the order or the instructions, obviously contradicting the legislation of the Russian Federation, to be guided by positions of the specified

Legislations. However such formulation of a duty of the official of customs body was the extremely uncertain, as, on sense ch. 2 items 421 of the Customs code, officials are guided by the legislation of the Russian Federation in the activity always, and not just at reception of the illegal order or instructions.

A number of the duties, concerning conditions and limits of application of the physical strength, special means and fire-arms, for example, to warn about intention of their application, having given time thus suffices for performance of the requirements, contained in other articles of the Customs code.

Apparently, the rights and duties of officials of customs bodies have been fixed in the Customs code not in full, and fixed, or not treated as the right and a duty (that is not

Contained formulations "has the right" or "is obliged"), or settled down in the Customs code irregularly in various articles.

The accepted Federal act «About service in customs bodies of the Russian Federation», cancelling item 420, 421 Customs codes, has hardened a legal status of the official of customs body of Russia. First, in item 3 of the given law the concept of the official (the employee of customs body) which the citizen of the Russian Federation who is holding office in customs body to whom the special rank is appropriated was has been given. In - the second, in Federal act item 1 it has been underlined, that the service in customs bodies is a special kind of public service of the citizens who are carrying out professional work on realisation of functions, the rights and duties of the customs bodies entering into system law-enforcement. The law also had been appointed receipt conditions in customs bodies. In comparison from the item 420 Customs codes can be noticed, that the passed law in addition has fixed age of receipt on service-18 years, voluntariness of receipt, has reduced a trial period till 6 months.

For the purpose of strengthening of a guarantee of maintenance of legality in activity of customs bodies the specified law has increased quantity of restrictions in reception by service in customs bodies and at its passage. In, particulars, the citizen could not be accepted on service in customs bodies or could not serve in customs bodies in cases of its recognition incapacitated or ogranichenno capable or presence at it not removed or outstanding previous conviction. The employee of customs body, also has not the right (besides the restrictions containing in item 421 of the Customs code) to combine service in customs bodies with discharge of duties of the deputy of federal regulatory authority, regulatory authorities

Subjects of the Russian Federation, local governments; to use in not office purposes of means material and a supply with information, financial assets, other state-owned property, and also the office information; to receive fees for publications and the performances connected with execution of official duties; to receive from physical and legal bodies gifts, monetary compensations, loans, services, means for payment of entertainments, rest, transport expenses and other compensations connected with execution of official duties; to accept without the permission of the President of Russia of the award, honourable and special ranks of the foreign states, the international and foreign organisations; to leave in official journeys for limits of the Russian Federation at the expense of means physical and legal bodies.

Besides, the law has established, that to the employees of customs bodies being close relatives or consisting among themselves in relationship (brothers, sisters, parents and children of spouses), it is forbidden to serve in the same customs body if their service is connected with direct subordination or the liability for control of one of them to another.

The specified law also systematised the rights and duties of employees of customs bodies of Russia. In particular, the employee of customs body has the right to acquaintance with the documents defining its rights and duties; reception of the information and the materials necessary for execution of official duties; visiting for execution of official duties of the organisations irrespective of patterns of ownership; decision-making and participation in preparation of decisions according to its official duties; participation under the initiative in competition on replacement of a vacant post in customs body; promotion in customs bodies, increase in the size of a monetary contentment taking into account a period of service

Years, results of service and a skill level; acquaintance with all materials of the private affair, with responses about the activity and other documents before their entering into the private affair, familiarising with the private affair of the explanations; retraining (training for a new profession) and improvement of professional skill; a provision of pensions taking into account a length of service; carrying out under its requirement of office investigation for a refutation of the data discrediting its honour and advantage; association in trade unions; application of the physical strength, special means, and also fighting manual shooting and a cold steel.

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Duties of the official of customs body have been standard fixed also, in, particulars to provide observance of the Constitution of Russia, execution of federal constitutional laws and federal acts; to provide observance and protection of the rights and legitimate interests of citizens; to execute orders and orders of chiefs of the customs bodies, given within their official powers, except for obviously illegal ^ to consider references of citizens and public associations, and also the state bodies, local governments and the organisations; to observe regulations, an order of the reference with the office information, to carry out duty regulations; to support a skill level necessary for execution of official duties; To store state and other secret protected by the law, and also not to disclose become to it known in connection with execution of official duties of data, including mentioning a private life, honour and advantage of citizens.

Thus, the Federal act «About service in customs bodies», having fixed concept of the official - the employee of customs body, having equated service in customs bodies to state, having toughened requirements to employees of the customs

Bodies, having systematised their rights and a duty, has considerably hardened and has raised a legal status of the official (employee) of customs body.

If to carry out the comparative analysis of positions of the stated law with Federal act positions «About bases of public service of the Russian Federation» from 31.07.1995г., it is possible to notice, that bases of a legal status of officials of customs bodies and civil servants, in, the particulars, concerning the rights and duties, restrictions on service, are identical, that confirms, that the service in customs bodies is a special kind of public service.

And, at last, 2002 became for all customs service year of changes and personnel reforms. The Federal act which has become effective since July, 02nd, 2002 «About a monetary contentment...» From 25.06.2002 № 78 FZ has changed a legal status of the majority of employees of customs bodies which, speaking in a simple way, «have lost epaulets» and became civil servants or workers

The essence of the given law is reduced to that all officials of customs bodies have been divided into three categories: employees, federal civil servants and workers of customs bodies of the Russian Federation.

Employees there were officials of the law-enforcement block of customs bodies: the divisions which are engaged operativnorozysknoj in activity, inquiry, customs investigations, divisions of power maintenance, aviation, sea, air, and also the administrative board to chiefs of departments inclusive. Passage of their service to customs bodies of the Russian Federation is still defined by the Federal act «About service in customs bodies of the Russian Federation».

Thus, before transition in 2002 on new conditions of the service, all officials of customs bodies were called as employees. In the scientific literature it was noticed, that «the state customs employee is a version of the civil servant and possesses a number of specific signs - the state customs employee is called as the employee (official) of customs bodies» 1.

The specified law in customs bodies of the Russian Federation at the expense of reduction of posts of employees enters the state posts of federal public service and a post of workers of the organisations of budgetary sphere. Than similar reduction of posts of special public service and introduction instead of them what do not contain a specific accessory is caused? About the reasons of reforming of customs service official standard legal documents do not give answers.

So, in the Letter of the State Customs Committee of Russia № 01-06/60 from 03.01.2002 «About transition of employees of customs bodies of the Russian Federation to conditions of federal public service» [110 [111] it was specified, that according to the commission of the President and the Government of Russia in the State Customs Committee of Russia possible variants of translation of employees of customs bodies on conditions of federal public service are studied. That is the State Customs Committee of Russia did it on the instructions of the President and the Government of the Russian Federation. Than they were guided?

Some clearness the chief of Central administrative board of shots of the State Customs Committee of Russia V.Kudryavtsev brings in this question in article «At customs time of changes» [112]. He says, that «reform carried out now

- It is realisation of the decision of Security council from May, 11th, 2001. What for this reform is necessary? If to mean a financial side no economy for the state practically will exist. It is a question of other. The president of Russia repeatedly spoke about necessity of demilitarisation of administrative personnel in which it is too much people in epaulets. We should result the state institutes according to the European. In Germany, for example, customs officers, frontier guards, police, pochtoviki, railwaymen - all state employees. At them at all identical payment. And by the way, the great bulk of customs officers at all has no form ».

However any of resulted by V.Kudryavtsev argument generates weight of questions. Apparently from the citation, a reform main objective - reduction of customs service of Russia in conformity with the western standards, and original by — demilitarisation or removal an epaulet. That is, if in customs bodies people with special ranks serve - the customs service will not correspond to European standards. If will serve «without an epaulet» - that will be. And in article it was a question of demilitarisation of administrative personnel, which as - time taki, and remained in epaulets.

In the above-stated Letter of the State Customs Committee of Russia № 01-06/60, brought to the notice customs bodies of Russia, it was specified, that federal civil servants and employees (the law-enforcement block) customs bodies become officials of customs bodies of the Russian Federation. That is, it is possible to assume, that isolation of law-enforcement function of customs bodies which carries out the law-enforcement block has been conceived, and officials of these divisions to leave employees. Especially the offer on leaving behind customs service only fiscal functions and its reference to «the Ministry of incomes» 1 was discussed for a long time in mass media. If such concept of reforming has been conceived, it is not absolutely clear, why the commanding structure (to chiefs of departments inclusive), including fiscal blocks, also remained on posts of employees. For example, the chief of a department of customs registration and the customs control - the employee, its assistant who is carrying out in absence first same function — the federal civil servant. Or, for example, the chief of a legal department of large customs - the employee because he heads a department (a department, on the basis «Positions about organizational-regular work in customs bodies of the Russian Federation and the organisations of the State Customs Committee of Russia», the State Customs Committee of Russia approved by the Order from 03.02.2003 № 88 [113] [114], is considered division with number more than 5 persons), and the chief of the same legal branch, but in customs smaller number - the federal civil servant. That is business not in division of functions.

If to assume, that in plans of the State Customs Committee of Russia isolation of the law-enforcement block is provided, and posts of employees remained with commanding structure of fiscal blocks only for the purpose of preservation of personnel potential and an overall performance of customs bodies such division in uniform system of customs bodies of Russia will inevitably lead to isolation of the law-enforcement block of customs bodies from all customs system of Russia. Then it is not absolutely clear, to what so suddenly to do the specified transfer, so after here one and a half year after

The carried out reform of any further steps to development of the given direction by the State customs committee of Russia it is not undertaken. It would be more logical to prepare legal base in the beginning: laws on public service system, on the public service kinds, the new Customs code, a number of other laws and the subordinate legislation but only then to begin similar "reform".

Besides, leaning against V.Kudryavtsev's citation, the offer to make even the salary of customs officers which give 40 % of the federal budget and as have shown results of 2003, on everyone enclosed in development of customs system the rouble was returned by 43,5 roubles, with the salary of the worker of mail or the railway at least it is not fair.

Also it is not absolutely clear, why the official of the customs to which legal requirements all enterprises, establishments and the organisations are obliged to submit, the state bodies and their officials, and also physical persons, according to V.Kudryavtsev, at realisation of the powers should not have the form. For example, to present the customs officer - the designer on border, or at the international airport in the civil form of clothes at least it is ridiculous. Besides, to submit to valid claims of the official of customs body, the person, moved the goods or a vehicle through customs border, the person should be assured, that before it the official - the representative of the state is valid. Without the form it to make much more difficult.

And, certainly, V.Kudryavtsev dissembled a little, saying to that no economy for the state will exist. As have shown results of work of customs service of Russia for 2003, level of payment of federal civil servants constitutes 54-63 percent from level of payment of the employee engaged on an equivalent post, that

It is represented unfair. «It complicates morally

The psychological climate in collectives, negatively affects on

Interaction of law-enforcement and fiscal blocks, complicates acquisition of divisions in which posts are displaced with state employees »[115].

Thus, now in customs bodies of the Russian Federation two categories of officials are in the service:

1. The employees having special ranks.

2. The federal civil servants having qualifying categories.

Even at names of officials of customs bodies of Russia there is a certain mess. By us it has been proved, that employees of customs bodies of the Russian Federation also are federal civil servants, having thus a number of features. Their posts are not included in the Register of the state posts of public service of the Russian Federation. That is, employees, being federal civil servants of customs bodies as a matter of fact, are not those by definition. And, on the contrary, federal civil servants of customs bodies who should be employees of customs bodies, taking into account features of passage of customs service, inherently (serve under the general legislation on public service, have no special ranks, are not allocated by the right of carrying and application of the weapon and special means, etc.) Have no characteristic lines of employees of customs bodies. It is impossible to disagree with G.V.Atamanchukom who asks, «that it for public service if it has set reguljatsy both on levels, and by kinds (military service, customs service, service in the Ministry of Internal Affairs, the boundary service, tax etc., etc.) and practically does not communicate anywhere

Directly with interests and the purposes of the state and its constitution? »1. Continuing G.V.Atamanchuka's thought, it is possible to ask other question: what it for customs service which having the uniform purposes, problems and the functions doing with its special kind of public service, in itself shares on some kinds, and without any scientifically proved principles? Presence of several categories of the state customs employees in uniform system of customs bodies breaks the public service unanimity in the Russian Federation and causes of regulation of customs service by the uniform special law.

It is possible to make a number of conclusions of the analysis of the operating customs legislation.

1. Service questions in customs bodies of the Russian Federation of employees and federal civil servants are regulated by various laws.

2. Service questions federal civil servants of the customs bodies which are officials of customs bodies of Russia though should be settled the federal act «About service in customs bodies of the Russian Federation» about what the prologue of the law says, actually are not regulated by it.

3. The principle of division of the state customs employees on employees and federal civil servants is absent. As acknowledgement the resolved interchangeability of employees and federal civil servants can serve that. So, according to the Order of the State Customs Committee of Russia from 29.11.2002 № 1276 «About

Replacement of posts »the right to assign to the federal state is given to [116] chiefs of customs bodies

Employees of customs body from its consent discharge of duties on a post of temporarily absent employee or temporarily absent federal civil servant of customs body.

4. Regulation of passage of uniform customs service of Russia by various laws has under itself no scientifically proved soil and testifies to artificiality and artificiality of the spent reform-experiment.

5. Artificial division of uniform customs service of Russia on

Kinds weight of legal problems, which the legislator also generates

Should provide before transfer of employees into new conditions

Services and to prepare necessary is standard-legal base.

For example, as it is paradoxical but to carry out

Moving of the federal civil servant customs

Body on a post of the employee of the same customs body

It is necessary to dismiss the federal civil servant from

Customs bodies on one of the dismissal bases, for example, on

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Item 78 of the Labour code of the Russian Federation («Cancellation

The employment contract under the agreement of parties »), as last

The employee — serves on the basis of the employment contract, and on

To the contract. That is, to pass from one department in another, to, to an example,

From a department of customs registration and the customs control

(The fiscal block) in a department of administrative investigations

(The law-enforcement block) it is necessary to leave the customs

Body and anew to be arranged on service in the same customs body.

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Also there are questions, whether will be at the given person any

Advantage at receipt, at reception of a rank in the face of,

X which did not work before in customs bodies, whether will be established

Trial period and for what period, in what order to it the special rank will be appropriated how to be with those who before transition to service already had a special rank of the employee of customs service and whether will be zachten term of a period of service in this rank etc.

The same questions arise and at moving of employees on a post of federal public service which is possible also through dismissal by cancellation of the contract on service in customs bodies. For example, in the Mordovian customs in February, 2004 the employee - the chief accountant of customs on a period of service of the service life granting the right to pension has left. As to the expert, it it was offered to remain in customs on a subordinate post as the federal civil servant. The federal act «About bases of public service of the Russian Federation» demands an establishment to the given person of a trial period not less than 3 months. However it is obvious, that a trial period for the former chief accountant for the purpose of check of its ability to carry out duties on the given post not only it is not necessary, but also it is a little humiliating. However the law does not provide any exceptions for such cases.

The available blanks connected with introduction of posts of federal public service in customs bodies of Russia, are filled with squall of the inconsistent subordinate legislation, first of all the State Customs Committee of Russia which are frequently untimely, arrive in customs bodies without registration in the Ministry of Justice, nesoglasovanny among themselves, and lead to randomness of their interpretation, absence of uniform application.

^ 6. Strengthening of a legal status of employees of customs bodies

(Completely the law-enforcement block) against its deterioration at federal civil servants customs bodies it is possible

To treat as giving of law-enforcement function of customs bodies of a priority over the others (fiscal, regulating). Taking into consideration, that law-enforcement function - only one of 11 functions of the customs bodies established by the new Customs code, its preference other demands comments of the legislator.

7. Rupture in a legal status of officials of customs bodies separates collectives, involves creation unhealthy moralnopsihologicheskoj conditions both in customs bodies as a whole, and in separate structural divisions separately. To, to an example, hardly it is possible to explain awarding following the results of a year in size not less than 3 salaries of the monetary maintenance of employees, and not awarding of federal civil servants - the majority of officials of customs bodies. The basic indicator of work of customs body is, first of all, performance of planned targets on replenishment of the federal budget, and bolshee participation in it brings the fiscal block, and the award is received by the law-enforcement? Or why to the employee of customs body and a member of his family journey to a place of carrying out of holiday and back is paid, and to the federal civil servant (even to one, and one way) - is not present? All these questions demand the standard permission.

8. There is a sharp necessity for increase of a legal status of federal civil servants of customs bodies, its equalizings with employees by acceptance of the uniform federal act where questions of service of all officials of customs bodies taking into account features of customs service would be regulated. On the basis of accepted 09.03.2004 of the President of Russia of the Decree № 314 «About system and structure of federal enforcement authorities» the adoption of law about Federal is planned

To customs service which, theoretically should consolidate passage of customs service by all its officials.

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9. And, at last, it is necessary to notice, that only one part of officials - employees of customs bodies pass public service on a contract basis. Relations mezhu federal state customs serving and customs bodies concerning execution of the official duties by the first are regulated by the labour legislation. Therefore unlike employees, federal civil servants of customs bodies are equalised with workers state and private enterprises not only in respect of registration of labour relations, but also on working hours mode, concerning rest, holidays, a payment, the bases of dismissal, an order of the permission of labour disputes, pension and social security etc. However in the labour legislation the public nature of customs service, the unequal status of subjects of law - the state and the official of customs body are not considered. Arriving on public service, the person joins the mechanism of realisation of the purposes and state functions: actions of the state customs employee are connected with legal consequences. Here there is a new public phenomenon - state-legal which cannot be reduced to labour operations, is simple to work. Relations of labour hiring between corresponding serving and separate state body - «reproduction of the Soviet situation. From here was both subjectivity, and dictatorship, both bureaucratism, and corruption...» [117]. The Labour legislation as private law branch mismatches base conditions of subsidiary application in relation to the customs

Employee. Therefore, considering that the customs service represents public is social-legal institute where the public means a word that is sphere public, national, state, instead of the private interest, it is necessary to overcome such subsidiary regulation of customs service by the labour legislation, to enter a mode of public regulation. But to make it, the detailed regulation of customs service norms constitutional, administrative, and the financial right is necessary. Thus basic "loading" should lay down on administrative law. Norms of the labour legislation can be kept only for technicians, that is for workers of customs bodies.

The analysis of the subordinate legislation, in particular Decrees of the President and the Governmental orders of Russia regulating activity of the state and customs service, allows to make a number of conclusions.

1. The role of the President of the Russian Federation in legal regulation of customs service of Russia is considerable. It supervises over customs service by means of definition of the rights and duties of the customs bodies directed on a concrete definition, detailed elaboration and realisation of international agreements and of some federal acts: the Customs code, «About state regulation of the foreign trade activity» from 13.10.1995 № 157-FZ, «About the export control» from 18.07.1999 № 183-FZ, «About precious metals and jewels» 3 from 26.03.1998 № 41-FZ, etc.

2. Necessity of regulation by the President of Russia of customs service as special kind of public service is defined by a number of positions of the Federal act «About bases of public service [118 [119] [120]

The Russian Federation "," About service in customs bodies of the Russian Federation "," About a monetary contentment of employees of some federal enforcement authorities, other payments to these employees and conditions of transfer of separate categories of employees of federal bodies of tax police and customs bodies of the Russian Federation on other conditions of service (work) ». Besides, the edition of some Decrees of the President of Russia, concerning public service activity as a whole so concerning and to customs, follows from powers of the President of Russia, established items 80 of the Constitution, on maintenance of the adjusted functioning and interaction of public authorities.

3. Regulation of passage of customs service by employees of customs bodies in comparison with federal civil servants of these bodies slightly: Decrees of the President approve the Disciplinary regulation of customs service of Russia, sheets of conformity of posts and salaries to employees to posts of federal civil servants and qualifying categories. The volume of such regulation is connected, first of all, by that all other questions of passage of customs service employees of customs bodies of Russia are in details settled by the Federal act «About service in customs bodies of the Russian Federation» which has given ample opportunities for a concrete definition of its many positions to the Government and (or) the State Customs Committee of Russia.

4. Regulation of questions of passage of customs service by federal civil servants of customs bodies by standard legal acts of the President of Russia is more volume, as they pass customs service not according to special the authorities, and with the Federal act «About bases of public service of the Russian Federation». Therefore the Decrees of the President accepted according to the given legal act have the generalised character and

Regulate in an equal measure not only questions of customs service, but also all public service as a whole, not doing distinction by kinds.

5. Many Decrees of the President of Russia contain a phrase - «until acceptance of federal acts» and assume the time existence of positions containing in them limited to the edition of corresponding laws, that is settlement not on subordinate legislation, and at legislative level.

6. Existing disbalans in character and volume of regulation of uniform customs service depending on categories of officials should be eliminated the federal act edition about customs service of Russia which will regulate a uniform order of passage of customs service all officials of customs bodies.

7. Without legislative settlement of a uniform order of passage of customs service of Russia will ripen a question on change of the structure of customs bodies.

The analysis of powers of the Government of Russia in the field of regulation by customs service as a special kind of public service allows to draw following conclusions.

1. Regulation by the Government of questions of passage of customs service by federal civil servants of customs bodies minimum. It is reduced to definition of quantity of the state posts of federal public service, and also to an establishment of the general requirements to a state of health of the citizens arriving on service in customs bodies. It is connected, first of all, by that all other questions of service in customs bodies the federal civil servants, not reflected in the legislation, are settled by the President of Russia, unfortunately, without features of the given kind of service.

2. In questions of regulation of passage of customs service employees of customs bodies to the Government of Russia give an extensive spectrum of powers. So, by it it is established:

- Order of payment of transfer of the employee (expenses for premises employment, transportation of luggage, etc.);

The clothes form, signs on distinction and norm of supply by a ware contentment;

The list of posts of the employees working in harmful conditions and duration of their working hours, duration and order of holidays of the given category of employees;

Maintenance order a monetary and ware contentment of listeners of educational institutions of the State Customs Committee of Russia (the Governmental order of Russia from 12.08.2002 № 582 «About stipendial maintenance and other forms of material support of listeners of educational institutions of the State Customs Committee of the Russian Federations trained under the internal form» 1);

The order of calculation of a length of service for appointment of pensions to employees of customs bodies taking into account features of service in customs bodies of the Russian Federation (the Governmental order of Russia from 02.02.1998 № JUZ [121] [122]) and is much another.

The analysis of regulation of customs service of Russia standard legal acts of the State Customs Committee of Russia lays behind frameworks of dissertational research as its purpose is not normotvorchestvo the State Customs Committee of Russia, and legal problems of regulation of modern customs service.

First, they are already revealed at level of federal acts, Decrees of the President and the Governmental orders of Russia.

Secondly, taking into consideration that by the position in

Hierarchies of standard legal acts they cannot contradict ^ higher, hardly their analysis will allow to reveal the additional

Problems.

Thirdly, questions of regulation of customs service of Russia as special kind of public service lay not in a plane normotvorchestva State Customs Committee Rossi, and settlement, first of all, at legislative level demand.

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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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