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Introduction

Urgency of a theme of research. Now the institute gosuyodarstvennoj civil service of the Russian Federation, being a key element of system of the government, is at the next stage of reforming which is complicated by outwardly-political and sotsialyono-economic circumstances.

To reach qualitatively new level of reforming of institute state civil sluzhyoby the Russian Federation, the weighed perfection zakoyonodatelstva, definition of possible ways of such perfection, including by means of optimisation of personnel structure, both at federal level, and at level of subjects of the Russian Federation is necessary, paying special attention on standard maintenance of a legal status (status) gosuyodarstvennyh civil employees.

Achievement of these purposes will be possible under condition of research isyotoricheskogo experience of legislative regulation of a legal status (status) state civil serving in Russian empire, including set of the rights, duties, guarantees, restrictions, interdictions, legal responsibility. Studying of practice of standard maintenance of a legal status (status) state civil serving in Russian empire the problem on optimisation of work of personnel structure of subjects gosudaryostvennogo managements, including on maintenance of their debugged internal work, management perfection by personnel structure of the state civil service of the Russian Federation and its improvement of quality for - mirovanija [1] has today as theoretical, and prakyoticheskuju the importance in a context difficult financial and economic situayotsii, in connection with which the President of the Russian Federation V.V. Putin poyostavlena.

In this connection it is represented timely, actual, scientifically and by socially significant research of features of a legal status (stayotusa) civil servants of civil department in Russian impeyorii in XIX - the XX-th century beginning as the given stage of development instituyota domestic public service in many respects was it is taken for a basis by working out of approaches and the starting beginnings of institute of public service as in Soviet, and modern Russia. Besides, investigated vremenyonoj the period was the stage of global reforms accompanied active soyovershenstvovaniem of legal system.

Chronological frameworks of research are limited by the period with 1802 for 1917. Definition of initial date of research is caused Alexander's by reforms I in government sphere, active streamlining of the legislation on public service, the edition of the decrees defining the status of civil servants [2], formation further zakonodayotelstva on the basis of incorporation (Full meeting of laws Russian impeyorii), consolidations of its separate parts (the Code of laws of Russian empire), planned kodifitsirovanija separate legal branches therefore the first has been prepared in history of the Russian state and Europe «the Arch of charters about service civil». Final date of research corresponds with the termination of existence of a monarchy in Russia and cancellation earlier dejstvoyovavshej systems of standard legal acts.

Object of research are the public relations connected with sphere of the government in Russian empire in the beginning XIX - the XX-th century beginning.

The object of research constitutes public service institute in Rosyosijsky empire in beginning ХІХ - the XX-th century beginning, its legal nature, pravoyovoj the mechanism of a regulation of the status of the state civil employees.

Methodological basis of research are methods of studying of the state-legal phenomena and processes.

The principle istoyorizma which purpose is the all-round, consecutive analysis konyokretnyh historical events is used. In research methods are applied: dialekyotichesky, logic, comparative jurisprudence, system, strukturnoyofunktsionalnyj, statistical, prognostichesky, legallistic.

Istochnikovuju the base of research is constituted by sources which predstavyoljaetsja possible to subdivide into five subgroups, differing among themselves under the maintenance, origin sources, and also the legal nature.

The structure of the first group includes a file of acts, monuments oteyochestvennogo the rights which have created the base to formation and development of institute gosyoudarstvennoj of civil service, for example, the Arch of charters about service grazhdanyoskoj, «the Charter about Service Civil by definition from the Government», the Decree «About the schedule of posts of civil service on classes, from XIV to V inclusive», the Decree «About non-recognition of the rights of an active service for pochetyonymi court posts», the Decree «About the device of schools», the Penal code criminal and corrective, the criminal trial Charter. Big scientific and a historical value represent documents, obyoedinennye to Full meeting of laws of Russian empire.

The second group istochnikovoj bases of research consists their materials sudebyonoj practice of criminal cassation department Pravitelstvujushchego SenaYota which have been devoted the questions at issue, concerning office dejayotelnosti officials of civil department, including uniform application of measures of legal responsibility by officials grazhyodanskogo departments and vessels.

The third group istochnikovoj bases of research constitute texts zakonoyoproektov, prepared within the limits of stage-by-stage reforming of institute otecheyostvennoj public service. Their detailed analysis allows to define osyonovnye stages of formation and development of approaches, perfection concepts inyostituta public service and, in particular, institute state grazhyodanskoj services. In Russian empire in XIX - the beginning of the XX-th century of working out of M.M.Speransky, P.O.Bobrovsky have been devoted questions to a soya
vershenstvovanija institute of public service both from a position otecheyostvennogo legal regulation experience, and with the account of experience of standard fastening of the leading states of Europe.

The fourth group is constituted by reports of the Ministry of Justice, soderzhayoshchie summary data about impeachment state sluyozhashchih civil departments. The specified information gives vozmozhyonost to state an estimation of an overall performance of machinery of state in profiyolaktike official offences and struggle against them.

In special group it is possible to consolidate periodicals materials, komyomentarii, encyclopaedic dictionaries. Sufficient value is represented memuayory, by notes of the contemporaries [3] which direct activity has been connected with service in civil departments.

Neopublished istochnikovoj bases have constituted a basis archival mateyorialy funds of the Russian state historical archive (F «Committee of ministers № 1263. The appendix to magazine of Committee of ministers for May, 1847» ch. III, d. 1869; F «Committee of ministers № 1263. The appendix to magazine KoYomiteta of ministers for May, 1847» ch. III, d. 1861; F «Committee of ministers», d. 1776), the State archive of the Russian Federation (F III «About business of the governor of the Pskov province of G.M.Bartolomeja», otd., 1 ex-square, 1845, d. 95), the Department ruyokopisej the State Public library (F. M.P.Veselovskogo, F-GU, d. 861).

Research is spent with significant amount attraction as sovreyomennyh standard legal acts, and an is standard-historical material of Russian empire that allows to generate full enough representation about formation and development of a legal status (status) state grazhdanyoskih serving in XIX - the XX-th century beginning, to define problems legal reguliroyovanija, demanding the additional analysis, and also advantage which it is possible
To use at reforming of institute of the state civil service now.

The research objective consists in that on the basis of studying of standard legal acts, an empirical material, documents, teoretiko-legal and isyotoriko-legal scientific researches to analyse evoljutsionirovanie a legal status (status) state civil serving in XIX - the XX-th century beginning.

For achievement of the specified purpose in research the following zayodachi is defined:

- To analyse teoretiko-legal questions of development of institute gosuyodarstvennoj civil service in Russian empire;

- To define in a corresponding istoriko-legal context soderzhatelyonoe filling of categories of the right: «a legal status (status) of civil servants of civil department», «duties of civil servants of civil department», «institute of legal responsibility gosudarstvenyonyh employees of civil department»;

- To investigate substantial aspect of formation and institute development gosyoudarstvennoj services in the Russian state;

- To investigate a condition of legal regulation of the status of civil servants in Russian empire;

- To define conceptual directions of development of mechanisms of a legal regulation of elements of a legal status of civil servants grazhdanyoskogo departments, regulations of their public laws and duties, restrictions, interdictions, responsibility;

- To investigate efficiency of application of measures of institute legal otvetyostvennosti civil servants of civil department in Russian imyoperii.

Degree of a scientific readiness of a problem. It is necessary to notice, that not enough attention, despite their importance is given questions of research of a legal status (status) of civil servants of civil department.

The attention of pre-revolutionary authors has been concentrated on history and work of the central establishments of Russia: Сената1, the Supreme Privy Council and the Office [4 [5], the State council [6], institute of local management [7]. avtoyorami the organisation of work of the specified establishments (their personnel structure, an order of office activity of officials, their control polnoyomochija) was analyzed.

In N.M.Korkuno's [8] works, N.K.nelidov [9], V.O.Kljuchevskogo [10], A.D.gra dovskogo [11], N.I.Lazarevsky [12], V.V. Ivanovskogo [13 [14] and others are investigated otyodelnye aspects of legal maintenance of the status of officials civil veyodomstva. Thus prevailing part of proceedings has been devoted or to questions of responsibility of officials, or questions of their competences. OtsutYOstvovali the works investigating the status of officials from a position of its complex character. The especial attention is deserved by work «Russian state law» which author is V.V. Ivanovskij11. In specified issledovayonii for the first time in history domestic legal science institute gosudarstvenyo
Ache services it is allocated as the isolated, independent part public prayova.

In poslerevoljutsionnyj the period (in the twenties the XX-th centuries) problems reforyomirovanija institute of domestic public service and such it komyoponenta as civil servants, in the literature long enough period were not analyzed. In M.Olminskog1, M.V.Dov-'s some works of plank beds-zapolskogo [15 [16] attempts to investigate the legal nature of institute of public service have been undertaken.

The Soviet period of a domestic historiography was not characterised by abundance of the scientific works devoted to reforming of institute otecheyostvennoj of public service. Only in 60-80th years of the XX-th century in N.P.Eroshkina's [17] separate works, N.F.Demidovoj [18], S.M.Troitsk [19], A.V.Obolonsky [20], I.N.Pahomova [21], V.A.Vorobeva [22] had been investigated the basic directions razviyotija the Soviet system of public service and a legal status of officials.

With acceptance of the Constitution of the Russian Federation of 1993 was poloyozheno the beginning to origin of the new scientific direction devoted issleyodovaniju of institute of domestic public service. In numerous scientific articles, monographies, dissertational researches predprinimayolis attempts to generate various visions of reforming of institute of public service [23]. Thus only in some works of representatives
The scientific doctrine historical experience of legal regulation of the status of civil servants was investigated. Among similar works are especially allocated dissertational research «Bureaucracy in the Russian state: isyotoriko-theoretical aspect» A.A.Vorotnikova1 in whom the analysis of legal maintenance of work of the state-office device in dorevoyoljutsionnoj Russia up to February, 1917 is carried out.

In the modern domestic legal literature questions zakonoyodatelnogo regulations of the status of officials during the pre-revolutionary period izuyocheny in an insufficient measure. In variety of dissertational researches anayolizirujutsja only some aspects of standard maintenance legal poyolozhenija (status) of officials of civil department in Russian empire, thus one works are strictly limited by time frameworks, in others separate elements of a legal status (status) gosudaryostvennyh employees of civil department [24 [25] [26] are considered. Special attention such works as D.B.minnigulo's dissertational research howl Thus deserve: «administratively-legal status state civil sluzhayoshchih and problems of its realisation» [27]; T.I.Metushevsky: «the Legal status gosuyo
Donative serving in Russia in XVIII first half XIX centuries »1; M.E.VoYolochkovoj:« Institute of the state civil service Russian impe - rii »[28 [29].

In J.N.Starilova's [30] scientific researches, V.D.Grazhdan [31], M.B.Dobrobaby [32], A.F.Nozdrachyova [33], G.V.Atamanchuka [34], I.N.Bartsitsa [35], J.I.Verhoturova [36] analyzes modern legal regulation statuyosa the state civil employees, efficiency of its realisation, development prospect.

As element legal poloyozhenija (status) of civil servants JU.N.ag's works va [37] and E.V.Ohotskogo1 are devoted questions of legal responsibility. Scientists-administrativisty in the works spravedli -
livo noticed, that responsibility of civil servants is tsenyotralnym an element of their legal status.

At the same time research of a legal status (status) gosudarstvenyonyh employees of civil department in Russian empire in most cases occurs is limited, the standard material and otyodelnye practice materials is used. In rare instances authors fragmentary analiyozirujutsja certificates of the higher degrees of jurisdiction, reports of profile bodies gosyoudarstvennoj services about a legality condition in government sphere, are even less often analyzed the archival data concerning pravoyovogo of maintenance of the status of civil servants of civil department in Russian empire.

Scientific novelty of research and the substantive provisions which are taken out on protection. Scientific novelty of dissertational research consists that with the account of new approaches attempt of complex research normayotivnogo position (status) of civil servants of civil department in Russian empire in beginning ХІХ - the beginning of the XX-th century which earlier in a cut poyodobnogo the istoriko-legal period was not undertaken is undertaken.

During research by the author:

- From new positions the analysis of a legal status (status) gosudaryostvennyh civil serving in Russian empire is carried out;

- Laws of standard regulation stayotusa civil servants of civil department in Russian empire are in a new fashion defined.

In work for the first time:

- The characteristic is given the basic directions pravotvorcheskoj politicians in public service sphere in Russian empire in beginning ХІ\-the XX-th century beginning, specificity of the maintenance of standard legal acts, reglayomentirujushchih a standard basis of a legal status (status) gosudarstvenyonyh employees is defined;

- The characteristic is given personnel maintenance of institute of public service in Russian empire;

- The mechanism of realisation of an anticorruption policy on gosudaryostvennoj to service is defined;

- The maintenance of basic elements of a legal status (status) of civil servants of civil department in Russian impeyorii in ХІХ - the XX-th century beginning is in detail opened: public laws, duties, lawful intereyosov, guarantees, encouragements, restrictions, interdictions, legal otvetstvennoyosti;

- Separate aspects of official offences sootvetstvuyojushchego the period are opened, the reasons and conditions of their occurrence are defined.

As a result of research substantive provisions which are taken out by the author on protection are developed:

1. Public service in Russian empire XIX - the XX-th century beginnings is the special, complex, public institute which is carrying out a standard regulation of a legal status of persons, providing realiyozatsiju powers of the state bodies, being based on professionayolizme, competence and an activity openness.

2. Legal position (status) of civil servants grazhdanskoyogo departments in Russian empire XIX - the XX-th century beginnings represents the ordered set of public laws, duties, guarantees, pooshchyoreny, restrictions, interdictions, legal responsibility.

3. In Russian empire there was no legal definition of the term «the state post». The given circumstance specifies in low level normotvorcheskoj technicians. Besides, absence ought defiyonitivnogo maintenance of a considered category of the right created a situation of double interpretation and, as consequence, ambiguous application on praktiyoke. As an example the plurality institute on public service can serve, vicious which practice of realisation repeatedly tried preyokratit. Plurality is obvious, that, being forbidden on normativyonom level, negative impact on a legality condition in government sphere in XIX - the XX-th century beginning made.

4. Having investigated genesis of institute of domestic public service it is offered to allocate following stages of its formation and development:

1) formation and development of institute of public service in the Drevyonerussky state and the Moscow Russia;

2) development of institute of public service in Russian empire;

3) the Soviet stage of development of state-office relations (1917 - 1993);

4) development of institute of public service during the Post-Soviet period of development of the Russian state (1993 - on present time).

5. As the major basis of institute of public service of the Rossijyosky pre-revolutionary state the legal status (status) of the employee acted. The legislation contained separate blanks in legal reguyolirovanii the status of civil servants of civil department. First of all, it was shown in insufficiently high level zakonodayotelnoj technicians of the legal acts establishing a legal status (stayotus) of employees. There was no legal definition of many central poyonjaty, applied in legal regulation of the status of officials. The part of elements of a legal status (status) was not in a sufficient measure doraboyotana both at standard level, and at level of practical application. Many norms had declarative character, there was no control over their realisation.

6. The standard institute of the rights and duties state sluzhayoshchih civil department during the considered period has undergone znachitelyonye changes the unified list of the rights and duties of civil officials, in particular, has been developed, the system dopolnitelyonyh guarantees of maintenance of their status is established. Qualitatively new standard basis of a legal status (status) state sluzhayoshchih has been generated. In the charter «about service Civil» fundamental laws and objazanyonosti civil employees are defined. Thus the special rights and duties of employees were established in departmental, local and other subordinate legislation.

7. The developed system of awards for diligent service was odyonim from achievements of the legislation on the state civil service of Russian empire in XIX - the XX-th century beginning. The most widespread form of encouragement was the right to award reception. Awards were following kinds: the Highest goodwill; ranks; awards; grant of dignity of the earths; gifts from the Highest name; single monetary deliveries; ranks of the personal or hereditary honourable citizen; medals; caftans; offset in dejstviyotelnuju public service of time spent in private employment in the governmental and public establishments; representation of the rights gosuyodarstvennogo serving to persons these rights not using; cases, koyogda the previous conviction was not considered as an obstacle to awards and other advantages on service; rent money; the additional salary; gratitude nachalyostva, declared from the Highest permission; Ranks of Chamberlains and Chambers - of cadets of the Court yard of Its Imperial Majesty.

Historical experience of the past can be used at introduction of awards in system of public service of Russia and presently. Besides, being based on experience of pre-revolutionary legislators it is represented tseleyosoobraznym to fix its right to encouragement in a legal status (status) of the state civil employee of the Russian Federation.

8. The generated system of restrictions and interdictions of civil servants of civil department did not allow officials to receive other posts in the commercial organisations, combining them with the. It is obvious, that the similar legal position of legislators deserves a positive estimation. Now the given interdiction has found the interpretation in noryomah the Federal act from July, 27th, 2004 № 79-FZ «About the state civil service of the Russian Federation» [38].

9. In the beginning of XIX century in the legislation malfeasances were identified with other kinds of illegal acts. The similar legal position in second half XIX centuries has been liquidated in connection with provedeyo
niem the Judiciary reform of 1864 and the edition of the Charter criminal sudoproizyovodstva therefore the following kinds of legal responsibility applied to the civil servants of civil department for fulfilment of illegal acts at ispolneyonii of official duties have been legislatively defined: criminal, disciplinary, grazhdanskoyopravovaja.

The theoretical importance of research consists that conclusions, the positions which have been taken out on protection, judiciary practice materials in a sufficient measure provide development of an istoriko-legal science of the investigated period.

Conclusions and the offers containing in the dissertation, can be ispolzoyovany at teaching of following courses: «state and right History», «IsYOtorija domestic public service», "Administrative law", «the Office right», and also at the further research of problems of standard regulation of the status of civil servants.

The practical importance of research consists that proanaliziroyovannye materials can be of interest as directly for federalyonyh the state civil employees of the Russian Federation, and for the state civil serving subjects of the Russian Federation, osuyoshchestvljajushchih the office activity according to Federal zakoyonom from July, 27th, 2004 № 79-FZ «About the state civil service of the Russian Federation» in a context of realisation of the powers. Except toyogo, research materials can be used federal bodies legislative and the executive authority with a view of perfection of the normayotivno-legal base providing their office activity.

Reliability and validity of results of research obespechivayojutsja:

- Use of scientific methods of the knowledge, allowed to reach kacheyostvennogo coincidence of author's results to separate data and the conclusions, the published in scientific and other works executed in a science of the theory and istoyorii of the state and the right, and also other sciences of a state-legal cycle concerning a legal status (status) state civil sluzhayoshchih in Russian empire (in the beginning of XIX century - 1917);

- Conformity of an author's position, recommendations and offers on soveryoshenstvovaniju the office legislation;

- The empirical base of research expressed in studying of materials of judiciary practice of the pre-revolutionary period, contemporary records.

Approbation of scientific results. Substantive provisions of dissertational research are approved at sessions of chairs of the theory and history of the state and the right of faculty of law FGBOU IN «Kuban state agarnyj university of a name of I.T.Trubilina» and FGBOU IN «the Kuban state university»; are introduced and are used in process normotvorcheskoj activity of the House of Assembly of Krasnodar territory (the adoption deed from February, 6th, 2017); have received illumination in publications of the author, in performances at scientific conferences, and also during carrying out seminar and a practical training within the limits of teaching of discipline "Theory of state and law", «History otecheyostvennogo the states and the rights».

The dissertation structure is defined proceeding from character and specificity of an investigated theme, degree of a scientific readiness of aspects considered in it. The dissertation consists of the introduction, two heads including five parayografov, the conclusion, the list of the used sources and the literature, and also the appendix.

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A source: Arhireeva Anastasia Sergeevna. the LEGAL STATUS (STATUS) STATE CIVIL SERVING In RUSSIAN EMPIRE (the beginning of XIX century - 1917). The dissertation on competition of a scientific degree of the master of laws. Krasnodar - 2017. 2017

More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction
  18. Introduction
  19. Introduction
  20. Introduction