Model Code of the Civil Servant of the Russian Federation. Code of Ethics and Conduct for Persons Holding Public Offices of the Krasnoyarsk Territory, Elected Municipal Offices, State Civil Servants of the Krasnoyarsk Territory and Municipal Employees

The standards that members of the professions must adhere to are defined in their codes of professional ethics. It is understood that codes of professional ethics govern the professional activities of all members of the profession, both self-employed and employed.

It is believed that codes of professional ethics should formulate strict standards of behavior for members of the professions. However, in fact, these codes are designed to solve a variety of problems. Some codes are simply used to show that a certain group is a profession. Some codes proclaim a set of ideals (often unattainable) that members of the profession should strive to achieve and by which they should be guided in their practice. Other codes, or sections thereof, are disciplinary in nature, setting out the minimum conditions that a member of the profession must comply with. If a member of the profession does not comply with this minimum, he is subject to punishments, the most serious of which is exclusion from the profession. There are codes that formulate the etiquette of this profession. There are unified codes that include a set of ideals, a list of disciplinary rules, and norms of professional conduct.

Each specific professional ethics has a number of subtleties. All these subtleties are enshrined in their professional codes. For example, an entrepreneur cannot but reckon with social, including moral, norms, with the behavioral models of culture adopted by him. The modern ethical code of an entrepreneur includes norms and requirements that regulate the activities and relationships of entrepreneurs, negotiation, competition, and business etiquette. The Code of Ethics for social and cultural workers in the advertising business is contained in the Code of Practices and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation.

Ethical principles and norms of specialists employed in the social sphere, social workers, psychologists are enshrined in the International Declaration of Ethical Principles and the International Ethical Standards of Social Workers. On the basis of these documents, a social worker's code of ethics has been developed, which forms the basic principles of professional morality and indicates the requirements for the personality qualities of a social worker.

If a professional code is to serve as a framework that allows the profession to claim autonomy from non-professional social control (such as doctors and lawyers) to which other groups are subject, such a code should have the following properties:

1. The Code must be regulatory and purposeful. The inclusion of ideals in it is not forbidden. But it should be precisely defined in it which of its provisions are ideals, and which are of a disciplinary, punitive nature. If the code does not actually regulate the behavior of members of the profession, it does not actually have a public declaration that serves as a basis for society to recognize it as a profession. Society recognizes the autonomy of the profession, provided that it obliges its members to adhere to higher standards of behavior than members of other groups observe, and therefore professional standards must be known to the population, they must be perceived as higher than other standards.

2. The Code is intended to protect the public interest and the interests of those whom the profession serves. If the society does not benefit from granting autonomy to the profession, it should deprive it of this privilege. The code should not be a self-service tool for the profession. Codes can be used to serve the interests of the profession at the expense of society. Some rules (for example, rules regarding the setting of fees or restrictions on advertising) protect the profession and are contrary to the public interest. Provisions in codes that discourage competition within the profession are usually not in the public interest; they are aimed at emphasizing the negative, monopolistic properties of the profession.

3. Codes must be precise and fair. The Code, which simply states that members of the profession must not lie, steal, or cheat, requires nothing beyond what is required of all other people. When the code is honestly drafted, it reflects aspects of the profession that characterize specific temptations that members of the profession may experience. Autonomy is given to the profession because it is aware of the possible specific faults, the shortcomings of the profession - its dark sides, its unethical, though not entirely illegal methods. If such methods are not clearly defined in the code, the profession does not actually control its activities.

4. The code must be both controllable and controlling. If the code does not contain provisions for the filing of charges and the application of punishments, it is nothing more than a declaration of ideals. If a profession cannot prove by all its activities that it controls its members, society has no reason to believe that it does. In such cases, there is no basis for granting special privileges to the profession. Accordingly, the society must make laws concerning the activities of members of this profession and establish control over their activities, just as it controls members of other occupations.

While the professions may enforce the rules of their codes, they are not the courts. Violation of the professional code entails only limited disciplinary action. The most severe punishment, as mentioned above, can be expulsion from the profession along with public disclosure of the offense. The most commonly practiced is censure.

Occupational codes generally ignore such issues that at least some members of the profession face. Occupational codes often specify responsibilities to the client or patient, to the employer (if a member of the profession is employed), to the public, and to the profession itself. What does a member of the profession have to do when these duties conflict with each other? For example, what should a company doctor do when told not to disclose information about an increase in rates of work-related illness among factory workers? Are his duties to society and to patients (workers) higher than those to the employer?

In addition, professional codes do not contain indications of what measures should be taken when the profession itself acts inappropriately.

This document is not just a set of rules. It is based on a whole list of international and Russian documents, including the main law of the country - the Constitution. As well as universally recognized moral norms of public morality.

Why and what is needed

The state apparatus, its entire vertical is a complex system of power, implying various levels of subordination, access to information, responsibility and authority. To ensure the smooth and efficient operation of such a complex structured “organism”, clear rules of conduct within the framework of professional work ethics are required. The document in question is mandatory for use by all civil servants, regardless of rank, group, class and position.

What is provided

The application of the Code is provided, first of all, by the special social and legal status of civil servants. The thing is that the position of this group of people determines not only the influence of dogmas and rules of public morality on them (it doesn’t matter whether they are documented anywhere or not), but also the influence of the behavior of civil servants themselves on the formation of the ethics of official and interpersonal communication. That is, an official is a kind of model for ordinary citizens and his subordinates.

In addition, directly or indirectly, he personifies power, declares powers, determines the attitude to specific issues and options for their solution. It is also useful for ordinary citizens to study the document, as this will help them respond correctly to the actions of officials in a given situation, in accordance with the set of rules and expect behavior and reactions from those in power within strictly defined limits.

Model code of ethics for state and municipal employees

At the moment, official relations between civil servants in our country are regulated by the current Code of Ethics and Official Conduct. The document clearly spells out the goals and objectives of the set of rules, their obligation for employees of any position, and even the level of responsibility for violations of the provisions of the document. The extent to which civil servants know and comply with the “Model Code of Ethics and Service Conduct for Civil Servants” is one of the main criteria for the qualitative assessment of their work and behavior in the service.

The main principles governing official behavior of officials include:

• conscientious and professional performance of official duties;
• understanding the meaning of their work, as the recognition, observance and protection of the rights and freedoms of man and citizen;
• prevention of excess of authority;
• loyalty to any groups that differ in social, professional and other criteria;
• the primacy of professionalism over personal interests;
• counteracting corruption and other crimes within the framework of the authorities and the law;
• correctness, attentiveness and observance of the law in all its manifestations.

Model Code of Ethics and Official Conduct of State and Municipal Employees

What will happen for non-compliance with the Code

Each case of violation of the current provisions of the document is considered by a special commission. Article 10 of this Code determines the responsibility of civil servants for any violations. In addition to moral responsibility, there is also a legal one:

• disciplinary action up to and including dismissal;
• administrative and criminal liability provided for by law.

Adopted November 1, 2010 Previously adopted: "General principles of official behavior of civil servants", approved by Decree of the President of the Russian Federation of August 12. 2002 A number of provisions on the ethics of civil servants were included in the law on public service of July 27, 2004 .

Table. Principles of official behavior of civil servants of the Russian Federation

Code- a set of general principles of ethics and basic rules of official conduct, which should be guided by the state and municipal employees of the Russian Federation, regardless of the position they hold.

A citizen entering the civil service of the Russian Federation gets acquainted with the provisions of the Code and observes them in the course of his official activities.

Art. 2. “The purpose of the Code is to establish ethical norms and rules of official behavior of civil servants for the worthy performance of their professional activities, as well as to help strengthen the authority of a civil servant, citizens' trust in the state and ensure a unified moral and normative basis for the behavior of civil servants. The Code is designed to increase the efficiency of civil servants performing their official duties.”

Code- the basis for the formation of proper morality and respect for the civil service in the public mind; an instrument of public control over the morality of civil servants.

Knowledge and implementation of the provisions of the Code by a civil servant is a criterion for assessing the quality of his professional activity and official behavior.

Compared with the "General principles of official behavior of civil servants of the Russian Federation", the Code is an expanded, specialized, comprehensive set of ethical norms and rules. It contains 10 basic interrelated sections-articles, specified in paragraphs.

In the Model Code, ethical norms and rules of official conduct received a more detailed and in-depth interpretation. Ethical issues are grouped by subject. It is proposed to use moral and disciplinary measures to punish and reward employees.

The Code places high demands on the anti-corruption behavior of civil servants. Thus, in the performance of official duties, they should not allow personal interest that leads or may lead to a conflict of interest. When being appointed to a civil service position and performing official duties, employees are required to declare the presence or possibility of their personal interest, which affects or may affect the proper performance of their official duties. They are required to provide information on income, property and liabilities of a property nature in accordance with the current legislation of the Russian Federation.

Civil servants must notify the representative of the employer, the prosecutor's office of the Russian Federation or other state bodies about all cases of appeal to him by any persons in order to induce him to commit corruption offenses.

A public servant is prohibited from receiving in connection with the performance of official duties from individuals and legal entities (gifts, cash rewards, loans, services, payment for entertainment, recreation, transportation costs and other rewards). Gifts received by employees in connection with protocol events, business trips and other official events are recognized as federal property, the property of a constituent entity of Russia, a local self-government body, respectively, and are transferred by a civil servant under an act to a state body in which he replaces a civil service position, for with the exception of cases established by the legislation of the Russian Federation.

Art. 6. about the rules for handling proprietary information. A civil servant may process and transfer official information subject to the norms and requirements in force in the state body and body, adopted in accordance with the legislation of the Russian Federation. He is obliged to take appropriate measures to ensure the security and confidentiality of information for the unauthorized disclosure of which he is responsible and/or which became known to him in connection with the performance of official duties.”

Article 7 on conduct; the requirements for civil servants endowed with organizational and administrative powers in relation to other civil servants are increasing. “They should be a model of professionalism, impeccable reputation, create a favorable psychological climate, help prevent and resolve conflicts of interest, and take measures to prevent them.”

Art. 8 "Office communication". In official behavior, an employee must proceed from the constitutional provisions that a person, his rights and freedoms are the highest value, and every citizen has the right to privacy, personal and family secrets, protection of honor, dignity, his good name.

In official conduct, an employee refrains from:

a) any kind of statements and actions of a discriminatory nature based on sex, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences;

b) rudeness, manifestations of a dismissive tone, arrogance, biased remarks, presentation of unlawful, undeserved accusations;

c) threats, insulting expressions or remarks, actions that interfere with normal communication or provoke unlawful behavior;

d) smoking during official meetings, conversations, other official communication with citizens.

Civil servants are called upon to contribute by their official behavior to the establishment of business relationships in the team and constructive cooperation with each other. Civil servants must be polite, friendly, correct, attentive and show tolerance in dealing with citizens and colleagues.

Art. 9“The appearance of a state and municipal employee in the performance of his official duties, depending on the conditions of service and the format of the official event, should contribute to the respect of citizens for state bodies and local governments, correspond to the generally accepted business style, which is distinguished by formality, restraint, traditionalism, accuracy.”

Art. 10. - about moral responsibility(and other in accordance with the legislation of the Russian Federation) of a civil servant for violation of the provisions of the Code. It is emphasized that the observance of the norms of the Code by the employee is taken into account when conducting certifications, forming a personnel reserve for promotion to higher positions and when imposing disciplinary sanctions.

Model Code- the beginning of the formation of an ethical regime in the Russian Federation. Previously adopted: "Code of Professional Ethics for Lawyers" (December 31, 2003); "Code of Judicial Ethics" (December 2, 2004); “Code of Professional Ethics for an Employee of the Internal Affairs Bodies of the Russian Federation” (December 24, 2008), etc.

Adopted on the basis of the Model Code"Code of Ethics and Official Conduct of Federal Civil Servants of the Ministry of Finance of the Russian Federation" (March 23, 2011). Then ethical codes were developed and adopted by almost all ministries of the Russian Federation.

For the development of an ethical regime, it is important proposals of the Anti-Corruption Council under the President of the Russian Federation:

· presentation in the declaration of additional information - on the income of family members and minor children of civil servants holding high positions, as well as facing corruption risks;

· introduction of liability for submission of unreliable data on the declarations of civil servants;

verification of income declarations of civil servants;

introduction of control over large purchases of government officials, etc.

Significant is the decree on the formation of commissions on the official conduct of federal civil servants (Decree of the President of the Russian Federation of July 1, 2010 N 821 "On commissions to comply with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest"). In the Messages of the President of the Russian Federation to the Federal Assembly, attention was drawn to the importance of further development of documents and the implementation of the necessary measures on issues of administrative ethics.

So, in the Russian Federation, an ethical and legal basis is being formed for improving the civil service, and the legal foundations of an ethical regime are being laid. So far, the concept of "ethical regime" is little used in Russian scientific literature and journalism. Its theoretical-methodological and methodical development and approbation is necessary.

I found a rather interesting document: “Model Code of Ethics and Official Conduct for Civil Servants of the Russian Federation and Municipal Employees”, approved by the decision of the Presidium of the Anti-Corruption Council under the President of the Russian Federation dated December 23, 2010.

But the civil servants themselves know about this document? And if they do, they consider it as another "fiction", and not a guide to action ... it's a pity that such documents do not yet have practical application in our country (((

Below are excerpts from this document.

4. A citizen of the Russian Federation entering the civil service of the Russian Federation or a municipal service (hereinafter referred to as the state and municipal service) is obliged to familiarize himself with the provisions of the Model Code and comply with them in the course of his official activities ...

5. Each state (municipal) employee must take all necessary measures to comply with the provisions of the Model Code, and every citizen of the Russian Federation has the right to expect from a state (municipal) employee behavior in relations with him in accordance with the provisions of the Model Code ...

7. The model code is designed to increase the efficiency of the performance by state (municipal) employees of their official duties ...

9. Knowledge and observance by state (municipal) employees of the provisions of the Model Code is one of the criteria for assessing the quality of their professional activities and official behavior ...

11. State (municipal) employees, being aware of their responsibility to the state, society and citizens, are called upon to:
a) perform official duties conscientiously and at a high professional level in order to ensure the efficient operation of state bodies and local governments ...
d) not give preference to any professional or social groups and organizations, be independent from the influence of individual citizens, professional or social groups and organizations;
e) exclude actions related to the influence of any personal, property (financial) and other interests that impede the conscientious performance of their official duties ...
g) comply with the restrictions and prohibitions established by federal laws, perform duties related to the performance of state and municipal service;
h) observe impartiality, excluding the possibility of influencing their official activities by the decisions of political parties and public associations;
i) observe the norms of official, professional ethics and rules of business conduct;
j) to show correctness and attentiveness in dealing with citizens and officials;
k) show tolerance and respect for the customs and traditions of the peoples of Russia and other states, take into account the cultural and other characteristics of various ethnic, social groups and confessions, promote interethnic and interfaith harmony ...
o) not use his official position to influence the activities of state bodies, local governments, organizations, officials, state (municipal) employees and citizens when resolving personal issues;
o) refrain from public statements, judgments and assessments regarding the activities of a state body or local self-government body, its head, if this is not part of the official duties of a state (municipal) employee ...
r) refrain in public speeches, including in the media, from designating the value in foreign currency (conditional monetary units) on the territory of the Russian Federation of goods, works, services and other objects of civil rights, the amounts of transactions between residents of the Russian Federation, budget indicators all levels of the budgetary system of the Russian Federation, the amount of state and municipal borrowings, state and municipal debt, except when it is necessary for the accurate transfer of information or provided for by the legislation of the Russian Federation, international treaties of the Russian Federation, business customs ...

12. State (municipal) employees in their activities should not allow violation of laws and other regulatory legal acts, based on political, economic expediency or for other reasons.

13. State (municipal) employees are obliged to counteract manifestations of corruption and take measures to prevent it in the manner prescribed by the legislation of the Russian Federation.

14. ... Upon appointment to a position of state or municipal service and performance of official duties, a state (municipal) employee is obliged to declare the presence or possibility of his personal interest, which affects or may affect the proper performance of his official duties.

17... A state (municipal) employee is obliged to notify the representative of the employer, the prosecutor's office of the Russian Federation or other state bodies about all cases of appeal to him by any persons in order to induce him to commit corruption offenses.

18. A state (municipal) employee is prohibited from receiving in connection with the performance of his official duties remuneration from individuals and legal entities (gifts, monetary remuneration, loans, material services, payment for entertainment, recreation, for the use of transport and other remuneration). Gifts received by a state (municipal) employee in connection with protocol events, business trips and other official events are recognized as federal property, the property of a subject of the Russian Federation, a local self-government body, respectively, and are transferred to a state (municipal) employee under an act to a state body or body local self-government, in which he replaces the position of state or municipal service, with the exception of cases established by the legislation of the Russian Federation.

23. A state (municipal) employee, endowed with organizational and administrative powers in relation to other state (municipal) employees, must take measures to ensure that state (municipal) employees subordinate to him do not allow corruptly dangerous behavior, set an example of honesty by his personal behavior, impartiality and fairness.

26. In official conduct, a state (municipal) employee refrains from:
a) any kind of statements and actions of a discriminatory nature based on sex, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences;
b) rudeness, manifestations of a dismissive tone, arrogance, biased remarks, presentation of unlawful, undeserved accusations;
c) threats, insulting expressions or remarks, actions that interfere with normal communication or provoke unlawful behavior;
d) smoking during official meetings, conversations, other official communication with citizens.

28. The appearance of a state (municipal) employee in the performance of official duties, depending on the conditions of service and the format of the official event, should contribute to the respectful attitude of citizens towards state bodies and local governments, correspond to the generally accepted business style, which is distinguished by formality, restraint, traditionalism, accuracy .

29. Violation of the provisions of the Model Code by a state (municipal) employee is subject to moral condemnation at a meeting of the relevant commission on compliance with the requirements for official conduct of state (municipal) employees and the settlement of conflicts of interest ...

There are 29 items in the Model Code of Ethics in total.