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Contradictions in the field of formation of system of public authorities of subjects of the Russian Federation

3. Contradictions concern the third kind of collisions in the field of formation of system of public authorities of subjects of the Russian Federation. Example of the given kind of collisions are contradictions of separate positions of the Law of the Pskov area from November, 24th, 2005 N 491-03 źAbout the state civil service of the Pskov area╗ 88 II.
2 of a part 2 items 13 of the named Law (in edition from March, 30th, 2006) By which it is established, that civil service contest for vacancy is not spent at appointment to the higher and main posts of civil service of a category the "heads" who are swept up for an uncertain term of appointment, appointment on which and clearing from which is carried out by administration of area and regional Meeting of deputies, and also item 4 of a part 2 items 13 in which it is supposed not to hold competition on other post of civil service in case of transfer of the civil servant into other post in the same or other state opi-ane as rotation, противоречат* to the federal legislation. Challenged positions contradict item 22 of the Federal act from July, 27th, 2004 N 79-FZ źAbout g osudarstvennoj to civil service of the Russian Federation╗ 89, as named article predusmatrivast the exhaustive list of the bases for neprovedenija contest for vacancy of the civil employee, both the federal employee, and the serving subject of the Russian Federation. Having expanded the given list, the subject of the Russian Federation has fallen outside the limits the powers given to it. According to item 72 of the Constitution of the Russian Federation and the Federal act from July, 27th, 2004 N 79-FZ źAbout the state civil The public prosecutor of autonomous region has addressed in court with the statement for a recognition of these positions of the law invalid and doing not come under to application because in infringement of the federal legislation the challenged law does not contain instructions on an interdiction of gathering of the named information, and introduction of the additional basis of check of the professional standard which has been not provided by the federal legislation, essentially breaks the rights of the civil servants occupying the state posts of district public service. The decree left without change the Full court of the Supreme Court of the Russian Federation, the statement of the public prosecutor is satisfied. The Supreme Court has specified, that containing in the law of autonomous region the position forbidding entering into private affairs and the register of civil servants of data on a political and religious accessory, about their private life without instructions of an interdiction of the fact of gathering of these data contradicts a part of 1 article 24 of the Constitution of the Russian Federation and point 3 of article 42 of the Federal act from 27.07.2004 №79-ФЗ źAbout bases of public service of the Russian Federation╗ 90 with which forbid not only entering of the specified information into private affairs and registers of state employees, but also their gathering. The statement of the district Duma in the appeal for review that the interdiction of gathering of data on a private life of the person without its consent contains in the Constitution of the Russian Federation which is the certificate of direct action, and the named federal act that is why an additional regulation in the challenged law does not demand, - the full court recognised as erroneous. The federal act źAbout bases of public service of the Russian Federation╗ establishes legal bases of the organisation of public service of the Russian Federation and a basis of a legal status of civil servants. Civil servants of the Russian Federation along with civil servants of federal public authorities employees of public authorities of subjects Russian Fede - portable radio sets admit. The service of all civil servants of the Russian Federation is based on the uniform principles established by the federal act (article 5), and in particular unities of system of the government, differentiation of terms of reference between the Russian Federation and its subjects, equal access ipa - zhdai to public service according to abilities and vocational training and unities of the basic requirements shown to public service. Therefore inclusion in the challenged law along with certification and a promotion examination for definition of a professional standard and conformity of the civil servant of an occupied state post breaks the rights of civil servants of autonomous region in comparison with other civil servants of the Russian Federation on equal access to public service, breaks the federal unanimity of the basic requirements shown to public service, and testifies to excess by a legislature of autonomous region of the powers.
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A source: AKULHANOVA SVETLANA MUHARJAMOVNA. The constitutional maintenance of unity of system of the legislation of the Russian Federation. Saransk - 2009.. 2009

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