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In the article, the authors consider the place of the diplomatic service in the system of state authorities of the Russian Federation, consider the basic concepts of this sphere. Based on the analysis of the legislation, the main problems have been developed and recommendations have been developed for improving the activities of the diplomatic service bodies.

Keywords: public service , diplomacy , legislation .

At present, there is an opinion that the diplomatic service should not be regulated by a special law. This position is motivated by the fact that the diplomatic service is part of the federal state civil service Russian Federation and all questions of its organization must be resolved within the framework of the general legislation on the civil service. However, it is quite obvious that the diplomatic service also has its own, sometimes pronounced industry specifics . It is associated with the rotation of diplomatic personnel, their periodic movement within the system of the Ministry of Foreign Affairs, transfer to work from the central office to the foreign mission and vice versa, the special nature of service abroad, when the norms of not only Russian national legislation, but also international law. All these and many other features of the diplomatic service from specific rights and guarantees to special duties, special requirements and special restrictions imposed on diplomatic employees and responsibilities cannot be taken into account within the framework of the Federal Law "On the State Civil Service of the Russian Federation". One cannot agree with those who deny the law "On the Diplomatic Service" the right to exist.

The need for its own law today is quite acutely felt in the work of the Central Office of the Ministry of Foreign Affairs and foreign agencies. The law on the diplomatic service will have to define the basic concepts, establish the order of organization of the diplomatic service, give a clear classification of the posts of the diplomatic service and diplomatic ranks, formulate the qualification requirements for diplomats, fix the foundations of the legal status of a diplomatic servant, especially point out the restrictions associated with the diplomatic service. service, as well as to establish the correspondence of each diplomatic rank to the class rank of a federal civil servant. There is no doubt that the Foreign Service Law is necessary. Diplomacy - its sphere of interstate relations - is qualitatively different from all other spheres of public life.

The need to revise a number of fundamental principles on which legal regulation is based public service in general, as well as the diplomatic civil service, in particular, is determined by the Concept foreign policy, approved by the President of the Russian Federation in 2008. At the same time, new approaches to the definition of the concept, functions and principles of the diplomatic civil service are required, the regulation of the issues of responsibility of diplomatic employees, their special powers, as well as issues of social and legal protection needs to be changed.

A highly professional and well-organized diplomatic service as an integral part of the public service of the Russian Federation is the most important condition for the successful fulfillment by the state of its functions, the solution of strategic and tactical tasks of the policy of the Russian state in the international arena.

Long-term historical experience shows that the state is strong not only with its economic power, scientific, technical and military potential, but also with its diplomacy, skillful and flexible diplomatic service, professional and moral potential of the diplomatic corps personnel. It is the diplomatic service that largely determines the success of solving the foreign policy tasks facing the state. Especially if its development does not lag behind, but keeps pace with the formation of Russia as a democratic state. The value of efficiency, professionalism, competence of diplomatic institutions and their employees objectively increases at the turning points in the history of the state, when its legal base and socio-political essence change. This is on the one hand.

On the other hand, changes in the management, organization, forms and methods of activity of diplomatic structures are due to the well-known modification of the system of international relations, globalization and internationalization. international problems, increased influence on the diplomatic process of new information technologies, an increase in the share of multilateral diplomatic activity relevant institutions. The influence of all these factors will increase in the 21st century, which naturally puts on the agenda the task of strengthening scientific foundations diplomacy and the diplomatic service, highlighting this issue and, accordingly, the development of more detailed legislative regulation of the diplomatic service.

At the same time, we proceed from the fact that serving in positions of the federal state civil service in the structures of the country's foreign ministry is a special type of professional service activity. Moreover, one of the most complex, responsible and interesting types of professional activity, providing the solution of strategic state-important tasks and allowing to fully reveal all the diversity of human individuality.

In general, the system of the diplomatic public service of the Russian Federation has been formed, but at this stage a complex, contradictory process of its improvement is underway, which has both elements and features of the previous structure of the diplomatic service, which does not correspond to the new relations that are developing in the Russian economy, and qualitatively new properties.

Consequently, new approaches, the search for ways of a more rational model of the organization of the diplomatic civil service require scientific foresight and forecasting. All these issues objectively require a comprehensive study of the history, experience, and traditions of the Russian diplomatic service. In addition, it should be noted that the modern theory of service in the structure of the foreign ministry can be based and developed, first of all, on the historical experience of Russia.

The civil service, like the state as a whole, develops in the context of the history of the fatherland and the culture of its people, within the framework of real political, economic, social, spiritual and moral processes. This is the most important mechanism of the public administration system. It is designed to provide a professional solution of state tasks for the implementation of the provisions of the Constitution and the legislation of the Russian Federation to ensure national security and state sovereignty, economic independence and spiritual and moral identity of the people, protection of the rights and freedoms of citizens. It is clear that such tasks can be effectively implemented only by a highly professional and stable apparatus, a highly efficient and authoritative public service.

The diplomatic service is one of the most important elements of state power and state administration. High professionalism is its most important distinguishing feature. It is no coincidence that diplomats and employees of the domestic diplomatic service have always been and are distinguished today by the widest erudition, organization, culture, the ability to effectively use the latest information technologies, and a deep understanding of the historical destinies of their people.

This fully applies to service in the apparatus of the foreign policy department. Diplomatic service is a professional activity of citizens of the Russian Federation in state bodies that carry out foreign policy activities of the state in accordance with the Constitution of the Russian Federation, the legislation and international treaties of Russia, the Vienna conventions on diplomatic and consular relations .The diplomatic service functionally solves, in addition to its own political tasks, many tasks of an administrative and managerial nature for the professional support of the highly effective functioning of the Foreign Ministry of the Russian Federation and its leadership as a whole. It includes information and analytical, organizational, managerial and personnel work, legal, protocol, documentation, administrative, technical, financial and economic support of foreign policy structures.

Ensuring the goals and functions of the foreign policy of the state, through the execution of the positions of the federal state civil service, approved by Decree of the President of the Russian Federation of December 31, 2005 No. 1574 "On the register of positions of the federal state civil service" in:

Central Office of the Ministry of Foreign Affairs of the Russian Federation;

Diplomatic missions and consular offices of Russia abroad;

Representations of Russia at international organizations;

Representations of the Ministry of Foreign Affairs of Russia in the territory of the Russian Federation;

In certain public service positions in organizations and institutions under the jurisdiction of the Ministry of Foreign Affairs of the Russian Federation.

The special sphere in which the service is carried out is determined by state administration in the field of ensuring the sovereignty and international security of the country, protecting the interests, rights and freedoms of citizens and legal entities Russian Federation abroad. This ensures:

a) performance of the functions and tasks of the Ministry of Foreign Affairs in the field of relations of the Russian Federation with foreign states and international organizations;

b) coordination of activities in this area of ​​other federal and regional bodies state power;

c) protection of Russian interests and the creation of a favorable external environment guaranteeing the security of the country and the progress of its socio-economic development.

Diplomatic service is carried out exclusively at the federal level and only within the powers of a special body of state power - Ministry of Foreign Affairs of the Russian Federation . Operating regulations of the Russian Federation, federal bodies of all branches of state power, as well as the legislation of the constituent entities of the Russian Federation insofar as it relates to international activities, is subject to harmonization with the legislation on the diplomatic service.

At the same time, it should be emphasized that the diplomatic service and diplomacy - concepts are different . Their mixing is not entirely correct, but they have their own characteristics and differences.

Diplomacy - this is an organizational and political instrument for implementing the foreign policy of the state, a set of means, techniques and methods for achieving foreign policy goals, a kind of mechanism for relations between sovereign states, based on the mutual exchange of diplomatic representatives embodying the sovereignty of their state. By the definition of Professor V.I. Popova, “diplomacy is the science of international relations and the art of negotiating by heads of state and government and special bodies foreign relations - by the ministries of foreign affairs, diplomatic missions, the participation of diplomats in determining the course of the country's foreign policy and its promotion by peaceful means. Its main goal and task is to protect the interests of the state and its citizens.

Diplomatic Service Worker - this is not just a citizen of the Russian Federation who deliberately entered the service in the structures of the Foreign Ministry, not just a highly qualified specialist who conscientiously performs his official duties in the manner prescribed by federal law at the expense of the state budget. This is a state person, representing and protecting state interests, acting on behalf of and on behalf of the state in resolving issues within its competence. His main quality is conscientiousness and professionalism in serving the state and Russian society.

The diplomatic civil service as a phenomenon is a special form of professional activity, aimed at protecting the interests and ensuring the security of society and the state in the international arena; observance and protection of legal rights and freedoms of citizens abroad; ensuring the direct participation of citizens in the affairs of the state. And most importantly - authority and purposefulness, i.e. focus on implementation powers of authority, political and social tasks of the state, information-analytical, organizational, managerial, financial, economic and other assistance in the implementation of the functions of state-political leadership, the creation of favorable conditions for a safe and decent life for every person.

Russia aims to create such a system of public service, which, on the one hand, would be focused on attracting, encouraging and retaining the best employees, and, on the other hand, would make it possible to get rid of the professionally weak and unworthy in a timely manner. Their career, titles, ranks and ranks are directly dependent on personal merits and merit, professional and business qualities and work efficiency, do not depend on gender, race, nationality, origin, property status, place of residence, religious and political orientation. The main thing is the availability of special knowledge, skills and abilities; professional readiness for execution official duties; responsible attitude to business; high level of spiritual and moral culture. For diplomatic service - plus to all that has been said - a broad political outlook and comprehensive regional training, knowledge of foreign languages, observation and the ability to discern the truth where others find it with difficulty or do not get to it at all.

The deep socio-political meaning of public service is reflected in its principles . The principles implement the initial provisions and ideas, through which the most stable and essential political, legal and organizational and managerial, socio-economic and spiritual and moral ties and relations of the system of professional support for the functioning of authorities and government controlled. The principles are obligatory in nature, they determine the status and development trends of the civil service, the main functions of the apparatus, the content, style, forms and methods, the vector of development of intra-apparatus relations.

The legislator has fixed eight such principles. They follow from the fundamental postulates of a democratic, social, legal, federal, secular state with a republican form of government, i.e. a state built on the basis of recognition of political diversity and multi-party system that exists for the people and in the interests of every person. Such a state must have a strong, stable and highly professional apparatus. Without such an apparatus, it is difficult to count on effective and legal management public affairs.

The federal law “On the system of public service of the Russian Federation” does not expressly formulate such principles as scientific character, democracy, accountability to society, morality. These principles stem from the Constitution of the Russian Federation, the fundamental understanding that a strong state is not one in which the authorities control everything and everyone. , but one in which law and humanism predominate. It is important to pay attention to this because the public service, like any management system, tends to concentrate power, independence and autonomy, closeness and corporatism, to a kind of monopoly on “its own sector” of administration.

General principles of public service of a constitutional nature:

The unity of the legal and organizational foundations of the federal state civil service and the civil service of the constituent entities of the Russian Federation. The state civil service, despite the division into the federal state civil service and the state civil service of the constituent entities of the Russian Federation, is a single integral mechanism designed to implement the functions of the state. This principle is expressed in the establishment of a unified legal status of a state civil servant, the establishment of the priority of federal legislation in securing legal framework state civil service.

The priority of the rights and freedoms of man and citizen, their direct effect: civil servants are obliged to recognize, observe and protect the rights and freedoms of man and citizen, serve the citizen and the interests of society, not replacing them with the narrow corporate interests of the apparatus;

Equal access of citizens who speak the state language of the Russian Federation to public service and equal conditions for its performance, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as from other circumstances not related to the professional and business qualities of a civil servant. The main thing is personal dignity, the presence of an appropriate education, professional and moral qualities. Hence, equal conditions for remuneration when filling positions of the same name and equal conditions for serving regardless of gender, race, nationality, origin, property or official position, place of residence, attitude to religion, political beliefs; non-partisan public service; separation of religious associations from the state. Structures of political parties and movements are not formed in state bodies. Public servants in their activities are guided by legislation and are not bound in the performance of official duties by the decisions of parties, political movements and other public associations and structures.

Principles of organizational and functional nature:

Professionalism and competence of employees;

stability of the civil service;

Availability of information about the service;

Interaction with public associations and citizens;

Protection of employees from unlawful interference in their professional performance.

In full measure, the listed principles relate to the diplomatic service, emphasizing its main task - serving the people, defending the national interests of Russia. From this point of view, one can formulate principles of the diplomatic service :

The supremacy of the Constitution of the Russian Federation and federal laws over other regulatory legal acts in the performance of official duties by diplomatic servants, ensuring their rights, freedoms and guarantees;

Serving the interests of Russia;

Legality, humanism and social justice;

Equality of access for citizens of the Russian Federation to the diplomatic service in accordance with their abilities, professional training, and moral impeccability;

Independence from political parties, public associations, religious organizations and corporate interests;

The professional and career nature of the diplomatic service;

Social and legal security of a diplomatic servant.

The consistent implementation of these principles is a fairly solid foundation for the highly efficient functioning of state power and its apparatus, including in the sphere of diplomacy. They give the process of performance of official duties a specific socio-political and legal orientation, provide an optimal "configuration" of the participation of civil servants in the management process. True, in order to strengthen this aspect, in the scientific literature it is proposed to supplement the current system the principles of public service, the principles of optimality, lifelong employment, openness, social control. Their implementation will guarantee the use of the most reasonable and scientifically substantiated means and methods of work, the choice of the best option for the structural construction of the apparatus, and an increase in the stability, efficiency and authority of the service as a system.

This legislation establishes that the public service system includes the following types of public service:

State civil service;

Military service;

Law enforcement service.

The state civil service is subdivided into the federal state civil service and the state civil service of the subject of the Russian Federation.

military service and law enforcement service are types of federal civil service.

The diplomatic service is classified as a federal state civil service, without considering it as a special type of public service.

If we talk about the functional features of the diplomatic service, then in each specific area public relations diplomatic servants solve their own special tasks, perform special functions.

In the administrative and political sphere: support of the constitutional system in the country, implementation of the requirements and provisions of the Constitution and legislation of the Russian Federation; timely consideration of applications from citizens and public associations, the media, as well as enterprises, institutions and organizations, state bodies and bodies local government, adoption of appropriate decisions on them; information and analytical support of public authorities; forecasting socio-political and economic processes; organization and control over the implementation of adopted laws, decrees, resolutions, orders and orders.

In the field of international relations and diplomacy: professional support for the whole range of problems of international cooperation, including in the areas of high technology, foreign policy support for major economic and environmental projects, combating international terrorism and organized crime, protecting the information security of the state . Not to mention the traditional functions of maintaining and developing diplomatic relations with other countries and international organizations; organization and professional support of international negotiations and conclusion of relevant agreements; developing proposals for improving the legal framework for the international activities of the Russian Federation; exercising control over the observance of diplomatic and consular privileges; dissemination of information about Russia and its foreign policy.

In the economic sphere: formation of favorable internal and external conditions for the development of domestic production; law enforcement support for the effective operation of economic entities, primarily in terms of the implementation of property rights and the formation of a competitive environment; implementation of the financial and tax policy of the state; organization of monetary circulation; control over the quality and conformity of goods state standards; organization of production of goods for public use - products of the military-industrial complex, public transport, road construction and road maintenance, communications, construction, etc.; support for small and medium-sized businesses, their social orientation; redistribution of income in society, including to ensure political stability and economic stability of the country; maintaining an optimal level of employment of the population; implementation of national interests and support for the international competitiveness of the domestic economy; participation in the development of measures for the development and expansion of trade, economic and financial ties, scientific, technical and other exchanges of Russia with foreign states and international organizations.

In the social sphere: ensuring and protecting the legal equality of citizens and legal entities; creation of favorable and reliable conditions so that each person can improve his life on his own, determine the path of life according to his own will and under his own responsibility.

The most important direction of diplomatic activity is solving the problems of compatriots abroad: participation in the development of the main directions of state policy in relation to compatriots living abroad, and the implementation of measures for its implementation; preparation of proposals for improving the legislation of the Russian Federation in the field of relations with compatriots abroad; foreign policy and international legal support of the activities of the Russian Federation in order to protect the rights, legitimate interests and support for compatriots living abroad; ensuring activities government commission on the affairs of compatriots abroad.

More than 3.2 thousand employees of the diplomatic civil service are employed in the system of the Ministry of Foreign Affairs of the Russian Federation. They occupy a leading position in the official structure of the Foreign Ministry as a system that provides for public positions; positions of the federal state civil service, which provide for the assignment of diplomatic ranks (positions of the diplomatic civil service or diplomatic positions); positions of the federal state civil service, for which the assignment of diplomatic ranks is not provided; positions for the provision of the diplomatic service (organizational and administrative staff); positions for organizational and technical services of the diplomatic service (technical staff).

As mentioned above, the legislator refers the diplomatic service to the state civil service, or rather to its type of federal state civil service. This conclusion follows from the definition of the two most important components of the civil service:

The circle of bodies in which the diplomatic civil service can be carried out

Persons exercising the diplomatic civil service

The most interesting issue is the assignment of class ranks, so according to the law, class ranks are assigned to civil servants in accordance with the civil service position to be filled, however, diplomatic ranks are assigned to employees of the diplomatic service.

Summarizing the above, one can distinguish main features of diplomatic services:

1) This is a special kind of public service, i.e. service in the organs public authority and accompanying specially created institutions.

2) This is a professional activity, for the implementation of which employees receive financial support from the federal budget.

3) This is an activity to ensure the execution of the powers of these bodies and officials, i.e. activities of employees who are in the appropriate subordination.

4) This is an activity organized on a permanent basis, i.e. employees of the diplomatic service bodies exercise their powers as the main and only possible type of legitimate activity for remuneration.

5) This is the activity of persons who have been assigned diplomatic ranks.

Distinctive features of the diplomatic service are also emphasized by its attributes and symbols approved at the state level: coat of arms, flag, oath, uniform, diplomatic ranks, professional holiday.

Literature

1. Diplomatic Service . Textbook / Ed. A.V. Torkunov. - M.: "Russian political encyclopedia", 2002.
2. On the register of positions in the federal state civil service: Decree of the President of the Russian Federation of December 31, 2005 No. 1574 (as amended on May 13, 2009) / Collection of Legislation of the Russian Federation. 2006. No. 1. Art. 118.
3. Popov V.I. Modern Diplomacy: Theory and Practice: A Course of Lectures Delivered in 1991-1998. at the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation. Part 1: Diplomacy is a science and an art. M.: scientific book, 2000.
4. On the public service system of the Russian Federation: Federal Law of May 27, 2003 No. 58-FZ (as amended on December 1, 2007) / Collection of Legislation of the Russian Federation. 2003. No. 22, Art. 2063.
5. On the state civil service of the Russian Federation: Federal Law of July 27, 2004 No. 79-FZ (as amended on July 18, 2009) / Collection of Legislation of the Russian Federation. 2004. No. 31. Art. 3215.

Bibliography

1. diplomatic service. Study book / Edited by
   A.V. Torkunov. - M.: “The Russian political encyclopedia”, 2002.
2. About the job register of the federal public civil service: RF Presidential Edict dated December 31, 2005 No. 1574 (edited May 13, 2009)/ Collection of the RF legislation. - 2006. - No. 1. - Article 118.
3. Popov V.I. Modern diplomacy: theory and practice: A course of lectures read in 1991-1998 in the Diplomatic academy of the Ministry of Internal Affaires of the RF. Part 1: Diplomacy - science and art. M.: Nautchnaya book, 2000.
4. About the system of public service of the RF: Federal law dated May 27, 2003 No. 58-Federal Law (edited December 1, 2007) // Collection of the RF legislation. - 2003. - No. 22. - Article 2063.
5. About the state civil service of the RF: Federal Law dated July 27, 2004 No. 79-Federal Law (edited July 18, 2009)/ Collection of the RF legislation. - 2004. - No. 31. - Article 3215.

Place of diplomatic service in the system of the RF public service

The authors of the article consider the place of diplomatic service in the system of the RF state power bodies, the main notions of the given sphere. Using the results of the analysis the authors identify the main problems and develop recommendations on improvement of the activity of diplomatic service bodies of power.

key words:

Federal Law No. 205-FZ of July 27, 2010
"On the peculiarities of the passage of the federal state civil service in the system of the Ministry of Foreign Affairs of the Russian Federation"

With changes and additions from:

This Federal Law establishes the legal and organizational features of the federal state civil service in the system of the Ministry of Foreign Affairs of the Russian Federation.

President of Russian Federation

D. Medvedev

The features of the civil service in the Russian Foreign Ministry are determined.

Increased requirements have been established for the professional and personal qualities of the employees of the diplomatic service.

There are 11 diplomatic ranks that are assigned to employees. Among them are the Ambassador Extraordinary and Plenipotentiary, advisers of the 1st and 2nd classes, attaches. Additional prohibitions and restrictions associated with the service have been established. For example, you cannot travel outside of Russia on private business without notifying the representative of the employer. It is forbidden to acquire shares in the authorized capital of foreign legal entities.

With a citizen entering the service in a foreign institution of the Russian Foreign Ministry, a contract is concluded for a period of up to 3 years.

The social protection of employees has been strengthened, taking into account the specifics of work. It's about on additional guarantees for those who work in foreign countries with a difficult socio-political situation, in a state of emergency or in armed conflicts.

Compensation for employees working in foreign establishments of the Russian Foreign Ministry transport costs upon departure to the host state and return at the end of work. They also receive medical care. Reimbursement of expenses for the education of minor children of school age. Other guarantees are provided.

The federal law enters into force 180 days after its official publication, with the exception of certain provisions for which other terms are established.

Federal Law of July 27, 2010 N 205-FZ "On the peculiarities of the passage of the federal state civil service in the system of the Ministry of Foreign Affairs of the Russian Federation"

This Federal Law shall enter into force one hundred and eighty days after the day of its official publication, with the exception of Part 7 of Article 14

Part 7 of Article 14 of this Federal Law shall enter into force on January 1, 2012.

FEATURES OF LEGAL REGULATION OF THE STATE DIPLOMATIC SERVICE IN THE RUSSIAN FEDERATION

Until recently, there was an opinion that the diplomatic service should not be regulated by a special law. This position was motivated by the fact that the diplomatic service is part of the state civil service of the Russian Federation and all issues of its organization should be resolved within the framework of the general legislation on public service. But we all understand that the diplomatic service has its own, sometimes pronounced specifics.

The diplomatic civil service was regulated by two main laws: the Federal Law of the Russian Federation of May 27, 2003 No. 53-F3 “On the System of the Public Service of the Russian Federation” and the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and attributed her to the Federal State Civil Service.

July 09, 2010 State Duma The Russian Federation adopted Federal Law No. 205-FZ “On the Peculiarities of Passing the Federal State Civil Service in the System of the Ministry of Foreign Affairs of the Russian Federation”, which partially entered into force on January 27, 2011. An attempt was made in the law to regulate controversial points related to the existing terminology, as well as admission, passage of the diplomatic service of the Russian Federation, the status of employees, their rights and obligations.

Since the 1990s, the question of the need to adopt a law on the diplomatic service has been raised. Lack of sphere legal regulation felt sharply. Some moments were smoothed out due to by-laws, mainly internal departmental orders of the RF Ministry of Foreign Affairs. Finally, the above law was passed. Did he remove the contradictions, did he fix the status of employees, did he settle contentious issues- inexhaustible topics for various discussions.

The following points are of greatest interest for research.

First of all, this is the definition of the concept of the diplomatic service of the Russian Federation, the allocation

A. V. DENISOV

features of functioning, determining its place in the system of public service, admission and service.

Second, to reinforce the concept diplomatic worker” and “employee of the diplomatic service”, differentiation of legal status and functions.

When studying the above law, from the very name of the act, one can conclude that the legislator does not allocate the diplomatic service to separate view civil service, but considers it as a subspecies of the federal state civil service, while emphasizing the features of this type of service.

However, according to the author, based on the fact that in fact there are two types of public service within the Foreign Ministry: the federal state civil service, which is of a service, sometimes fiscal nature in relation to the second - the diplomatic public service, the main purpose of which is the representation of the Russian Federation abroad. Therefore, the diplomatic public service of the Russian Federation should be considered as a special type of federal public service performed by citizens who do not have citizenship (nationality) of a foreign state, which is a professional service activity in the positions of the diplomatic public service to ensure the execution of the powers of the Russian Federation, as well as the powers of federal state bodies and persons holding public positions of the Russian Federation in foreign institutions.

In the study of various aspects of the diplomatic civil service, the main object is employees in the structure of the foreign policy department as special group civil servants. In the opinion of the author of the article, the adopted Federal Law No. 205-FZ not only failed to remove the existing contradictions in legal statuses diplomatic officer and employee

diplomatic service, but also tried to equalize the positions of different functions.

In the works of scientists of different times there are different definitions and signs of a civil servant. Based on the analysis of the definition of a civil servant contained in Federal Law No. 58-FZ, the number hallmarks civil servant includes the following:

1) a civil servant is a citizen of the Russian Federation who speaks the state language;

2) the civil servant carries out professional activity;

3) replaces civil service positions in a state body;

4) receives a financial allowance paid out of the budget.

As for the concept of a state civil servant, the Federal Law of July 27, 2004 "On the State Civil Service of the Russian Federation" in Art. 13 gives a definition from which the signs that characterize a public civil servant follow naturally:

1. This is a citizen of the Russian Federation. Foreign citizens or stateless persons cannot be state civil servants in the Russian Federation. P. 6 h. 1 art. 16 of the Law on the State Civil Service provides that a citizen cannot be admitted to the civil service, and a civil servant cannot be in the civil service in the following cases: withdrawal from the citizenship of the Russian Federation, acquisition of citizenship of another state or in the event of citizenship of another state, unless otherwise not covered by an international treaty.

The legislation on civil service takes a much tougher stance compared to the legislation on military service, which provides for the possibility of concluding a service contract with a foreign citizen.

2. This is a citizen of the Russian Federation who has assumed obligations for the passage of civil service.

3. A citizen acquires the status of a state civil servant in accordance with the order on appointment to a position and with a service contract.

4. A civil servant performs his duties professionally and on a reimbursable basis, at the expense of the state budget.

In accordance with the current Russian legislation diplomatic service

The Russian Federation is not singled out as a separate type of public service, and therefore a diplomatic worker is a federal state civil servant who performs the duties of filling the position of the state civil service of the Russian Federation in the system of the Ministry of Foreign Affairs of the Russian Federation for a monetary reward paid from the federal budget; at the same time, one of the most important features should be the presence of a diplomatic rank, the main task is practical and highly professional participation in the implementation of the foreign policy functions of the Russian state. It should also be noted that today the list of positions in which the diplomatic service is carried out is contained in section No. 1 2 of the Register of positions of the federal state civil service, approved by Decree of the President of the Russian Federation dated 31.1.2.2005 No. 1574.

However, this is not enough, the concept proposed by the author involves transferring some of the positions to a special category of “employees of the diplomatic civil service”, while the term “employee” is also proposed to be excluded from the definition due to its labor law (the term was introduced by A.D.) nature.

These positions should be removed from the register and indicated in separate list. There are no doubts and objections to the existence of several types of civil service within one department. In addition, in Part 3. Art. 8. Federal Law No. 58-FZ of May 27, 2003 “On the Public Service System of the Russian Federation” states that public service positions can be established in a federal state body various kinds.

The concept proposed by the author intends to differentiate persons who are in a permanent duty station in the central office of the Ministry of Foreign Affairs, as well as territorial subdivisions on the territory of the Russian Federation, and persons serving in missions abroad.

According to adopted law dated 27.07.2010 No. 205-FZ defines the concepts of the diplomatic service, diplomatic worker, employee of the diplomatic service. However, in the course of a detailed analysis, it becomes obvious that there is no difference in the concepts of an employee from an employee, since the author assumes that the legislator considers the employee as a species, and the employee -

generic object of an employee of the federal state civil service.

A public servant acts as a common object in this bundle. The generic object, being part of the general object, is a member of the diplomatic civil service (employee of the federal state civil service). The species object, occupying an intermediate position between the generic and direct objects, is a subsystem of the generic object, being with it in the "genus-species" relationship. A species object is a subgroup of functions similar in content and, in the terminology of Federal Law No. 205-FZ, is a diplomatic worker.

As a distinguishing feature of an employee from an employee, the employee has a class rank, or both a class rank and a diplomatic rank. At the same time, neither the law nor any other legal act indicates the order of correlation between the class rank and the diplomatic rank, and the reason and benefit of the possible presence of both rank and rank in an official is not at all clear.

So, according to the Decree of the President of the Russian Federation of October 15, 1999 No. 1371 “On the procedure for assigning and maintaining diplomatic ranks and on the establishment of monthly salaries for federal civil servants in accordance with the diplomatic ranks assigned to them”, if a diplomatic worker has a class rank of the state civil service of the Russian Federation (qualification category) and diplomatic rank, he is paid only a monthly salary in accordance with the assigned diplomatic rank. It should be noted that to date, qualification categories in the civil service are not used.

As characteristic features in the definition of a diplomatic worker in the law is the performance of functions of a diplomatic nature. The legislation does not define diplomatic functions, however, on the basis of international norms, in particular the Vienna Convention on Diplomatic Relations and the definition of diplomacy, the following definition can be distinguished. Diplomatic functions are primarily understood as:

1. Representation, i.e. representation of your state before third parties (foreign states, international organizations, etc.). Defending and protecting the interests of your state, as well as its citizens.

2. Communication and correspondence, negotiations. Establishing close friendly ties, establishing personal contacts that contribute to the strengthening of relations between states.

3. Collection of information. This element is the most important in the diplomatic function, since "foreign policy blindness" leads to undesirable consequences on the part of a non-participating state. The most important function of a diplomatic mission is to clarify by all legal means conditions and events taking place in the host country and reporting them to his government.

Thus, from the foregoing, it can be concluded that diplomatic functions relate directly to employees assigned to serve in diplomatic missions and institutions abroad. They directly carry out the above functions. Functions of employees of the central apparatus of the Ministry of Foreign Affairs of the Russian Federation, as well as territorial bodies- representations on the territory of the Russian Federation are reduced to ensuring the execution of the powers of the state in foreign policy activities.

There are two different types of civil service in the foreign affairs agency: the federal state civil service and the diplomatic civil service.

The use of the term "diplomatic worker" is questionable for several reasons:

The term "employee" is usually used in relation to persons engaged in labor activities in budgetary or commercial structures. The organization of the work of civil servants and employees has a whole range of differences. Labor relations of employees are regulated Labor Code RF and individual federal laws by type of activity. As far as civil servants are concerned, general provisions their status is enshrined in Federal Law No. 58-FZ of May 27, 2003, No. 79-FZ of July 27, 2004, and other federal laws. Terminology and concepts enshrined in these acts also demonstrate differences in regulation labor relations these categories. So, civil servants receive a "monetary allowance", while employees - " wages”, with civil servants, a “service contract” is concluded with employees, an “employment contract”. Attention should also be paid to such categories as leave, ranks and

rows, working hours, etc.

Despite the external similarity of the nature of the labor activity of civil servants and employees of the commercial (budgetary) sphere, it would be wrong to equate them to each other. Civil servants ensure the execution of the powers of state bodies or persons holding public positions in the Russian Federation. In connection with this feature, special restrictions are established for civil servants: special order entering the public service; a ban on performing any paid work, except for teaching, scientific and creative work; the obligation to submit information about income and property, etc.

The most important difference is also that employees provide services to citizens and organizations that are not related to the exercise of power or managerial functions. Along with this, they can also engage in other paid work, since for them (unlike civil servants) there are no restrictions.

Therefore, it would be more appropriate to give the concept of "an employee of the diplomatic civil service", which refers to persons performing diplomatic functions, holding positions in the structure of the foreign ministry, which provide for the performance of duties for the representation of the Russian Federation abroad or for ensuring the activities of persons who perform the above duties , as well as the assignment of diplomatic ranks.

Persons who fill in the central office of the Ministry of Foreign Affairs of the Russian Federation, territorial bodies of the Ministry of Foreign Affairs of the Russian Federation the positions of the federal state civil service, for which the assignment of class ranks of the federal state civil service, are civil servants.

In the second case, these persons will fill the positions of the state civil service, and they will be assigned class ranks, their status is fully regulated by the relevant law. In the first case, it is proposed to classify these persons as employees of the diplomatic civil service, assign diplomatic ranks and call them employees of the diplomatic civil service. Their service should be regulated

be regulated by a special law “On the Diplomatic Public Service of the Russian Federation”.

Employees of the diplomatic civil service should also not include persons performing technical services at the Ministry of Foreign Affairs, diplomatic missions and consular offices Russian Federation. These persons are service personnel and are actually employees whose activities are regulated by the norms of the Labor Code of the Russian Federation. Therefore, the definition of diplomatic workers and diplomatic employees, which is given in Federal Law No. 205-FZ of July 27, 2010, seems to the author to be incorrect.

The status of an employee of the diplomatic civil service of Russia is defined as the following features common to civil servants working in the system of the Ministry of Foreign Affairs of the Russian Federation:

Citizenship of the Russian Federation;

A documented relevant order to fill a position;

A document (documents) on graduation from the relevant educational institution and obtaining qualifications in the specialty required for work in the system of the Ministry of Foreign Affairs;

The presence of a service contract, official regulations and other documents defining the rights, duties, responsibilities, immunities and privileges of an employee in accordance with the requirements for his position;

The presence of appropriate official powers to enable them to carry out their duties in a quality manner;

Guaranteed privileges, immunities and material support from the federal budget.

And special (unique) features:

The most important feature of the status of an employee of the diplomatic service is that for the period of work outside Russia, the corresponding privileges and immunities, additional restrictions and exemptions from the rights associated with the peculiarities of the legislation and customs of the host country and the requirements of international law are established for the diplomatic employee.

A diplomatic officer is a political, spiritual and moral bearer and defender of the national interests of the Russian state and its people.

Based on the above, we highlight the features of an employee of the diplomatic civil service:

1. An employee of the diplomatic civil service is individual, a citizen of the Russian Federation at least 18 years old, who speaks the state language and has a professional education.

2. An employee of the diplomatic service must not be married to a stateless person or a foreign citizen.

3. This is a person holding a position in the structure of the Foreign Ministry, which provides for the performance of duties for the representation of the Russian Federation abroad or for ensuring the activities of persons who perform the above duties.

4. This person is the bearer of classified information. This circumstance confirms the general idea that this person must be a citizen of the Russian Federation.

5. An employee of the diplomatic civil service is assigned a diplomatic rank in accordance with the procedure established by law.

6. A diplomatic officer receives a monetary reward from the federal budget for his activities. At the same time, both the official salary in rubles and the official salary in foreign currency are paid, usually in US dollars or euros, less often in the currency of the host country.

7. Service relations of employees of the diplomatic civil service are regulated for the most part by the rules labor law. In accordance with Art. 23 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, public civil servants fill positions on the basis of a service contract (and not an employment contract).

However, since the said law does not contain provisions that determine the specifics of regulating the labor of workers sent to work in diplomatic missions and consular offices of the Russian Federation, as well as in representative offices of federal bodies executive power abroad, then by virtue of Art. 73 of the said law, the norms of labor legislation, including the norms of Ch. 53 of the Labor Code of the Russian Federation.

In this regard, the norms governing the specifics of the work of employees of the diplomatic service, specified in Section 53 of the Labor Code of the Russian Federation, should be removed and indicated in a special law.

1. Journal "Law and Protection". Free style (No. 10 "2008) article "On the status of a civil servant and a worker in the public sector" [Electronic resource].

2. Commentary on the Labor Code of the Russian Federation (item-by-article) // I.A. Vorobyov, N. M. Isaeva, A. V. Kirilin and others; under total ed. V. I. Shkatulla. 6th ed., revised. - M. : Norma, 2009. S. 543.

3. On the Register of positions of the Federal State Civil Service: Decree of the President of the Russian Federation of December 31, 2005 No. 1574 (as amended on April 12, 2010) // Collection of Legislation of the Russian Federation 02.01.2006. No. 1. Art. 118.

4. On the procedure for assigning and maintaining diplomatic ranks and on establishing monthly salaries for federal civil servants in accordance with the diplomatic ranks assigned to them (together with the “Regulations on the procedure for assigning and maintaining diplomatic ranks to diplomatic employees of the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular institutions of the Russian Federation, territorial bodies - representative offices of the Ministry of Foreign Affairs of the Russian Federation on the territory of the Russian Federation"): Decree of the President of the Russian Federation of October 15, 1999 No. 1371 (as amended on July 25, 2006, as amended on September 21, 2008) // Collection of Legislation of the Russian Federation. 10/18/1999. No. 42. Art. 5012.

5. On the public service system of the Russian Federation: Federal Law of May 27, 2003 No. 58-FZ (as amended on December 28, 2010) // Collection of Legislation of the Russian Federation. 06/02/2003. No. 22. Art. 2063.

6. On the state civil service of the Russian Federation: Federal Law of July 27, 2004 No. 79-FZ (as amended on December 28, 2010) // Collection of Legislation of the Russian Federation. 02.08.2004. No. 31. Art. 3215.

7. On the features of the passage of the federal state civil service in the system of the Ministry of Foreign Affairs of the Russian Federation: Federal Law of July 27, 2010 No. 205-FZ / / Collection of Legislation of the Russian Federation 02.08.2010. No. 31. Art. 4174.

8. On the State Civil Service of the Russian Federation: Federal Law of July 27, 2004 No. 79-FZ (as amended on December 28, 2010) // Collection of Legislation of the Russian Federation. 02.08.2004. No. 31. Art. 3215.

9. On the public service system of the Russian Federation: Federal Law of May 27, 2003 No. 58-FZ (as amended on December 28, 2010) // Collection of Legislation of the Russian Federation. 06/02/2003. No. 22. Art. 2063.

10. On the peculiarities of the passage of the federal state civil service in the system of the Ministry of Foreign Affairs of the Russian Federation: Federal Law of July 27, 2010 No. 205-FZ // Collection of Legislation of the Russian Federation. 08/02/2010. No. 31. Art. 4174.

The features of the Japanese diplomatic service of modern Japan stem from the socio-political, economic, spiritual and moral environment in which it was formed. Limited territory and high population density throughout historical development countries demanded great attention in public administration to the issues of social stability, early warning of possible social conflicts, forecasting of social processes.

For the successful solution of these issues, the reliance on information- its collection, processing, analysis and use in daily diplomatic and state-administrative activities. The information served as the basis for seeking consensus among social groups that had different interests. She also played an important organizational role, since its exchange within the state apparatus provided the necessary coordination between its various links, contributed to the formation of stable management chains that ensure the timely adoption of state decisions. The information used in the work of ministries and departments has been and is one of the factors in the efficiency of the Japanese civil service. Each government department publishes one or more so-called "white" or "blue" books annually on industry and public policy issues. These books contain a detailed account of the work done government bodies for the past year.

The Japanese Ministry of Foreign Affairs is issuing a "blue book on foreign policy", which analyzes the current international situation, outlines the main directions of the country's foreign policy, reports on activities in Japan's bilateral relations with foreign countries and its contacts with international organizations. The draft of the next book is approved every year at a meeting of the country's government.

In the modern era, the role of information in foreign policy is growing even more. Computer teleconferencing, communication over information networks, transmission of video images using information signals have become a reality today. In this regard, the Japanese Foreign Ministry attaches great importance to the issues of computerization, the improvement of information networks - both internal and external, as well as the expansion of the existing information base. The Ministry is allocated a special budget for the collection and processing of information. To improve the efficiency of information exchange between the central ministry in Tokyo and Japanese diplomatic missions abroad, a LAN (Local area network) computer network equipped with the necessary information security system has been installed.

Strengthening the information factor in the Japanese diplomatic service is seen as a means of providing better administrative services the population of the country. In order to increase the level of knowledge in society about foreign policy issues, as well as in response to the growing needs of the population, the Ministry of Foreign Affairs of Japan since April 2001 began the practice of familiarizing "on request" with the available official documentation. Any Japanese can apply to the information center of the ministry, fill out a special form and view the document of interest to him on the computer screen, provided that this document is not secret.

The Ministry constantly operates "Facsimile and telephone information services on the situation regarding the security of Japanese citizens in specific countries." In the event of any incidents in this area, informing the population is promptly carried out with the help of nationwide television and the press.

Along with the information factor in the diplomatic service of Japan, an important place is given to psychological aspects. As practice shows, success in resolving the issue comes if there is an atmosphere of a “single team” in the team. It is accepted in the ministry that employees of a department or several departments are in the same room, at adjacent tables. Nearby, facing them sits the head of the department. There is a sense of ownership, there are no delays in considering certain aspects of the problem. Situational games are often used to brainstorm a complex issue and develop options for solving it. Such a collective placement of employees is not always familiar to European thinking, since it creates certain restrictions for the individualization of work. However, the Japanese finds individual "self-expression" precisely through "socialization", primarily through belonging to a small social group(in this case department team).

Data organizational aspects connected with the approaches of Japanese employees directly to the performance of tasks. Experience of working with representatives of the Japanese Ministry of Foreign Affairs shows that they, as a rule, "structure" problems. And they do it quite professionally. The first step towards structuring is to draw up a specific questionnaire that allows you to highlight specific aspects of the problem and discover the relationship between them. The questionnaire also helps in conversations with foreign partners. It is often transmitted in advance so that the partner can also prepare accordingly for the conversation. At the same time, questions in most cases are formulated in such a way that they cannot be answered unambiguously - “yes” or “no”. It is considered desirable that the interlocutor must express his attitude to the question in some form, since the answer, even in general form, will somehow show the degree of readiness or “maturity” of this aspect.

Negotiations are one of the most important forms of realizing foreign policy tasks for the employees of the Ministry of Foreign Affairs. The basis of negotiation tactics for the Japanese is considered balance determination the interests of the parties, setting priorities in their own position, developing a phased scenario for their implementation.

test questions

1. What influence did historical factors have on the formation of the Japanese diplomatic service?

2. What is the legal framework of the Japanese civil service in modern conditions?

3. Describe the staffing of the Ministry of Foreign Affairs of Japan.

4. How are foreign policy decisions made in the Japanese Foreign Ministry?

5. What role does intradepartmental coordination play in the process of developing Japan's foreign policy decisions?

6. What should be considered when negotiating with Japanese diplomats?

Literature

1. Panov A.N. The diplomatic service of Japan and the evolution of Japanese-Soviet and Japanese-Russian relations in the post-war period 1945-1995. M., 1995.

2. Kazuhiko Togo. 50 years of Japanese diplomacy. In Russian. M., 1996.

3. Ilyshev A.V. This is how the state elite is created in the Land of the Rising Sun // Personnel Service. 2001. No. 8.

4. Seisho G. Blue book on foreign policy. In Japanese. Tokyo, 2001.

APPS

№ 1. On the fundamentals of the public service of the Russian Federation. Federal Law of July 5, 1995 No. 119-FZ

№ 2. About approval general principles official behavior of civil servants. Decree of the President of the Russian Federation of August 12, 2002 No. 885

№ 3. On approval of the regulation on the Ministry of Foreign Affairs of the Russian Federation. Decree of the President of the Russian Federation of March 14, 1995 No. 271

№ 4. Structure of the Ministry of Foreign Affairs of the Russian Federation

№ 5. On approval of lists government positions federal public service. Decree of the President of the Russian Federation of September 3, 1997 No. 981

№ 6. On the introduction of additions to the consolidated list of public positions of the Russian Federation, approved by Decree of the President of the Russian Federation of January 11, 1995 No. 32, and on the approval of the list of public positions of the federal civil service of category "c" in the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular institutions Russian Federation. Decree of the President of the Russian Federation of December 20, 1996 No. 1748

№ 7. On the coordinating role of the Ministry of Foreign Affairs of the Russian Federation in pursuing a unified foreign policy line of the Russian Federation. Decree of the President of the Russian Federation of March 12, 1996 No. 375

№ 8. Regulations on the Embassy of the Russian Federation. Approved by Decree of the President of the Russian Federation of October 28, 1996 No. 1497

№ 9. On the approval of the Regulations on the Extraordinary and Plenipotentiary After the Russian Federation in a foreign state. Decree of the President of the Russian Federation

№ 10. On approval of the Regulations on the consular office of the Russian Federation. Decree of the President of the Russian Federation of November 5, 1998 No. 1330

№ 11. On approval of the Regulations on the Permanent Mission of the Russian Federation under international organization. Decree of the President of the Russian Federation

№ 12. On the procedure for assigning and maintaining diplomatic ranks and on the establishment of a monthly bonus to the official salary for a diplomatic rank. Decree of the President of the Russian Federation of October 15, 1999 No. 1371

№ 13. “Despite all the problems and losses, the potential of our country remains huge.” Speech by Vladimir Putin at the Meeting of Ambassadors and Permanent Representatives to the Russian Foreign Ministry on July 12, 2002

№ 14. On some issues of regulating the working conditions of workers sent to work in representative offices of the Russian Federation abroad. Decree of the Government of the Russian Federation of December 2, 1994 No. 1337

№ 15. Issues of the financial and material situation of the Ministry of Foreign Affairs of the Russian Federation. Decree of the Government of the Russian Federation of October 23, 1995 No. 1029

№ 16. Internal labor regulations for employees of the central office of the Ministry of Foreign Affairs of the Russian Federation. Approved by order of the Russian Foreign Ministry dated January 5, 1996 No. 76 A

№ 17. Regulations on the Personnel Department of the Ministry of Foreign Affairs of the Russian Federation. Approved by order of the Russian Foreign Ministry dated August 13, 1996 No. 6369

№ 18. Structure of the Personnel Department of the Ministry of Foreign Affairs of Russia

№ 19. Regulations on the Department of Consular Service of the Ministry of Foreign Affairs of the Russian Federation. Approved by order of the Russian Foreign Ministry dated August 14, 1996 No. 6430

№ 20. Regulations on the Legal Department of the Ministry of Foreign Affairs of the Russian Federation. Approved by order of the Russian Foreign Ministry dated March 13, 1998 No. 2053

№ 21. Regulations on the Representation of the Ministry of Foreign Affairs of the Russian Federation on the territory of the Russian Federation. Approved by order of the Russian Foreign Ministry

№ 22. Regulations on the procedure for admission to the Ministry of Foreign Affairs of Russia of graduates of higher educational institutions entering the public service for the first time. Approved by order of the Russian Foreign Ministry dated March 14, 2001 No. 2467

№ 23. The procedure for the presentation of senior diplomatic workers of foreign missions and the central office of the Russian Foreign Ministry and its representative offices in the Russian Federation for the assignment of the diplomatic ranks of Ambassador Extraordinary and Plenipotentiary and Envoy Extraordinary and Plenipotentiary of the 1st and 2nd class. Approved by order of the Russian Foreign Ministry dated February 11, 1999 No. 1294

№ 24. Regulations on the rotation of diplomatic personnel. Approved by order of the Russian Foreign Ministry dated July 6, 1994 No. 3521

№ 25. Regulations on the personnel reserve of the Ministry of Foreign Affairs of Russia. Approved by order of the Russian Foreign Ministry dated August 4, 1998 No. 9140

№ 26. About amplification labor discipline in the teams of foreign missions of the Ministry of Foreign Affairs. Order of the Ministry of Foreign Affairs of the Russian Federation dated May 16, 1997 No. 4703

№ 27. Regulations on work with veterans of the diplomatic service in the Ministry of Foreign Affairs of the Russian Federation. Approved by order of the Russian Foreign Ministry dated December 1, 1999 No. 14329

Schmidt S.O. The Russian State in the Middle of the 16th Century. M., 1984. S. 96-97.

It is interesting to note that the name "clerk" came from the church lexicon, just as in Italy the first secular diplomatic agents borrowed their names - "nuncios, legates" from the register of the diplomatic service of the Vatican. This was also due to the fact that in those days it was the churchmen who were the most literate people who knew foreign languages.

Belokurov S.A. About the Ambassadorial order. M., 1906. S. 49.

Langhorn R. The Practice of Diplomacy: Its Evolution, Theory and Administration. Routledge, 1995. Ch. 6. P. 14.

See: History of Russia's foreign policy. M., 1998. S. 259.

There were no Russian representatives in Paris, Madrid, The Hague in the year the state was approved.

Treaties with China in 1858 and with Bukhara in 1868 can serve as an example.

The Ministry of Foreign Affairs did not like elderly "outsiders", that is, officials from other departments who aspired to get into the highest diplomatic posts. In this regard, an age limit was established.

There were no positions of translators of the main European languages ​​in the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs was one of the smallest departments: no more than 200 employees worked in the central office, along with non-staff employees, and about 700 people were abroad.

Trotsky was removed from the post of People's Commissar on April 8, 1918 for disrupting peace negotiations with Germany. As can be judged from the recollections of people who knew him, he did not particularly gravitate towards diplomacy and understood his duties very narrowly, as the need to fulfill the instructions of the country's leadership that did not appeal to him much.

During the formation of the People's Commissariat for Foreign Affairs, G.V. Chicherin was in an English prison for his revolutionary activities. In January 1918, the Soviet government secured his return to his homeland and, at the suggestion of V.I. Lenin, he was appointed "comrade" (deputy) of the people's commissar for foreign affairs. On April 9, 1918, he was appointed acting. People's Commissar, and on May 30, 1918, People's Commissar for Foreign Affairs.

Lenin V.I. Poly. Sobr. Op. T. 45. M, 1975. S. 447.

A term denoting a group of countries bordering Russia: Lithuania, Latvia, Estonia, Finland and Poland.

This created some inconvenience. And although this order was observed for a long time, in the end it was decided to return to the generally accepted names of diplomatic representatives, which was formalized by Decrees of the Presidium of the Supreme Soviet of the USSR of May 9, 1941 and February 11, 1981.

Bulletin of the Central Executive Committee, SNK and STO of the USSR. M. 1923. No. 10.

Quoted from: Pokhlebkin V.V. Foreign policy of Russia, Russia and the USSR. M., 1995. S. 266-267.

Canada during these years did not maintain diplomatic relations with the USSR, although in 1924 it recognized it de jure. Official diplomatic relations between both countries, first at the level of missions, then with the transformation into embassies, were established only in June 1942. Nevertheless, issues related to the policy of this country fell within the competence of the territorial department.

In the original version of the Decree, instead of the word "classes" there was the word "ranks", which led to a misinterpretation of the Decree even in encyclopedic literature. After 40 years, a change was made to the original text: the word "ranks" was replaced by the word "classes".

In 1953, this uniform was abolished, with only a slightly modified parade uniform of Ambassadors and Envoys retained.

Under the minister, an advisory body continued to operate - the Board of the Ministry of Foreign Affairs of the USSR.

See: Public Service / Ed. A.V. Obolonsky. M., 1999. S. 10.

See: “On the fundamentals of the public service of the Russian Federation”. Federal Law No. 119-FZ of July 31, 1995, as amended by federal laws No. M 35-FZ of February 18, 1999 and No. 135-FZ of November 7, 2000. Art. 2. Application No. 1.

Popov V.I. Modern Diplomacy: Theory and Practice. Lecture course. Part 1. M., 2000. S. 16.

See: Russian Diplomacy: History and Modernity // Proceedings of the Scientific and Practical Conference Dedicated to the 450th Anniversary of the Creation of the Posolsky Prikaz. M, 2001. S. 387.

Cm.: Brockhaus A.F., Efron I.L. Encyclopedic Dictionary. SPb., 1900. S. 437.

See: Public Service. Collection of normative documents. M., 2001. S. 205-206, 319-321; 339-341, 475-485, 490-495.

A public position is a special legal (legal) establishment that determines the content, possibilities and scope of a person's participation in the implementation of the competence of a state authority. Accordingly, the public post of the diplomatic service is a public post of the federal public service, established in the system of the Ministry of Foreign Affairs to exercise the powers of the foreign affairs agency in the field of international relations.

See: Appendix No. 6.

Cm.: Cambon J. Diplomat. M., 1946. S. 11.

First of all, these are provisions on the supremacy of the Constitution of the Russian Federation and federal laws throughout Russia (Art. 4. Part 2), the unity of the system of state power and the delimitation of jurisdiction between the Russian Federation and its subjects (Art. 5. Part 3), the priority of human and civil rights and freedoms (Art. 18) , on the obligation of the state to recognize, observe and protect the rights and freedoms of man and citizen (Article 2), the separation of powers (Article 10), equal access of citizens to public service (Article 32. Part 4), duties officials(Art. 24, part 2, art. 41, part 3, art. 46, part 2), etc.

See: Appendix No. 1.

See: Decrees "On Approval of the Lists of Positions in the Federal Public Service of the Russian Federation"; “On Qualification Requirements for Public Positions of the Federal Public Service”, “On Approval of the Regulations on Conducting a Competition for Filling a Vacant Public Position of the Federal Public Service”, “On Approval of the Regulations on the Attestation of a Federal Public Servant”, “On the Assignment and Retention of Qualification Levels by the Federal Public employees", "About state order for retraining and advanced training of civil servants”, “On additional measures for the training of civil servants”, “On qualification requirements for public positions of the federal civil service”, “On measures to strengthen discipline in the public service system”, “On the pay of federal civil servants ”, “On the fight against corruption in the public service system”, “On the approval of the general principles of official behavior of civil servants” and others.

See: Decrees of the Government of the Russian Federation "Issues of the financial and material situation of the Ministry of Foreign Affairs of the Russian Federation" dated April 5, 1999 No. 373; "On the organization of retraining and advanced training of civil servants of federal executive bodies" dated September 13, 1994 No. 1047; "On the Interdepartmental Commission for professional retraining and advanced training of civil servants of federal executive bodies" dated August 11, 1995 No. 1462; Order of the Minister of General and Vocational Education of the Russian Federation "On approval of the state educational standard for additional professional education of federal civil servants" dated December 25, 1995 and others.

See: Statistical Bulletin. M, 2001. No. 4(78). S. 11.

See: Appendix No. 2.

Cm.: Primakov E.M. Years in big politics. M., 1999. S. 216.

The Concept was approved by the President of the Russian Federation on July 28, 2000. The Concept provides an analysis of the international situation by the beginning of the 21st century, an assessment of the situation developing around the Russian Federation, outlines the principles and priorities of its foreign policy, and mechanisms for its implementation.

There are ministries of foreign affairs in almost all states, although some of them have other names. In the United States, it is referred to as the State Department, headed by the Secretary of State. In France - by the Ministry of External Relations, in England - by the Ministry of Foreign Affairs and Commonwealth Affairs, in Switzerland - by the Federal Department of Foreign Affairs, in Libya - by the Main People's Committee for External Relations and International Cooperation. However, their functions basically coincide and are reduced to daily activities to implement the foreign policy tasks of their state.

See: On some issues of organizing the activities of the Ministry of Foreign Affairs of the Russian Federation. Decree of the President of the Russian Federation of April 27, 2002 N ° 417. Extract // Diplomatic Bulletin. 2002. No. 6. S. 11.

See: Collection of Legislation of the Russian Federation. 1996. No. 12. Art. 1061.

As of May 30, 2002, representative offices of the Russian Foreign Ministry were opened in Arkhangelsk, Astrakhan, Barnaul, Birobidzhan, Vladivostok, Vladikavkaz, Voronezh, Yekaterinburg, Izhevsk, Yoshkar-Ola, Kaliningrad, Krasnodar, Krasnoyarsk, Maykop, Makhachkala, mineral waters, Murmansk, Nizhny Novgorod, Petrozavodsk, Pskov, Samara, St. Petersburg, Sochi, Syktyvkar, Ulan-Ude, Ufa, Khabarovsk, Chita, South Sakhalin. In the process of opening: in Blagoveshchensk, Kazan, Novosibirsk, Omsk, Orenburg, Petropavlovsk-Kamchatsky, Rostov-on-Don.

The rest of the structure is as of January 2000.

See: Appendices No. 12.

The Department of International Organizations deals only with issues related to the activities of the United Nations, as well as a number of organizations accountable to it. The activities of organizations such as the Council of Europe, European Union, the Organization for Security and Cooperation in Europe and even NATO fall within the competence of the Department for European Cooperation. The activities of such a specialized UN organization as UNESCO are assigned to the functions of the Secretariat of the Commission of the Russian Federation for UNESCO.

See: Appendix N° 20.

See: Appendix No. 19.

See: Appendices No. 3, 8, 10, 11.

See: Appendix No. 14.

The Decree of the Presidium of the Supreme Soviet of the USSR on accession to the Convention was signed on February 16, 1989. The instrument of ratification was deposited with the UN Secretary General on March 15, 1989.

The first Russian consulates were established in Amsterdam in 1707 and in Vienna in 1718.

Collection of circulars of the Ministry of Foreign Affairs on the Department of Internal Relations.

SPb., 1904. S. 229.

Ratified by the Presidium of the Supreme Soviet of the USSR on February 11, 1964. The instrument of ratification was deposited with the UN Secretary General on March 25, 1964.

Diplomatic Gazette. 2000. No. 10. P. 106.

See: Convention 1961, paragraph 3, Art. 41; Convention 1963, paragraph 2, Art. 55.

See: Vienna Convention on Diplomatic Missions of 1961, paragraph 1, Art. one.

See: Convention 1961, paragraph 1, Art. 22.

So says paragraph 2 of Art. 31 of the Vienna Convention on Consular Relations of 1963

For example, in federal budget The Federal Republic of Germany has an article on "exclusive compensation", which provides for reciprocal compensation for damages caused by demonstrators to representations of other states in the Federal Republic of Germany.

Valise (French valise - suitcase) - sealed in in due course mail bag, box or suitcase of a diplomatic or consular courier.

There are two such series: "SD" - stands out for the vehicles of the heads of diplomatic missions (red background, white inscriptions); "D" - allocated for cars, trucks, utility vehicles and buses of diplomatic missions, consular offices, international (interstate) organizations and their employees accredited at the Ministry of Foreign Affairs of the Russian Federation; (red background, white inscriptions); "K" - for cars owned by other employees of representative offices, as well as for cars owned by foreign press, radio, TV, accredited with the Ministry of Foreign Affairs of the Russian Federation, as well as representative offices of foreign banks and firms, their employees accredited with various ministries and departments of the Russian Federation (yellow background, black inscriptions). Special signs are annually renewed (re-registered).

Requisition - compulsory alienation for a fee or temporary seizure by the state of residence of property belonging to consular institutions, as well as to consular officials and members of their families.

Articles 29-35 speak of the inviolability of the identity of the diplomatic agent and his private residence, the immunity of the diplomatic agent from criminal, civil and administrative liability, the exemption of the diplomatic agent from taxes, fees and duties, from all labor and state duties.

For example, the establishment of diplomatic relations between the former Soviet Union and the United States was formalized in November 1933 by an exchange of personal letters between M. M. Litvinov, who at that time was the People's Commissar for Foreign Affairs of the USSR, and US President F. D. Roosevelt. Another example is the agreement signed in London in June 1942 on the establishment of diplomatic relations between the Soviet Union and Canada, which was signed by I.M. The most common form at present has been the publication of an agreed communiqué.

See: Applications No. 8,9,11.

Thus, the diplomatic mission of Libya in Moscow is called the People's Committee of the People's Bureau (and its head is the secretary). The countries of the Commonwealth exchange among themselves High Commissioners, who are equivalent to the class of ambassadors.

In some countries, envoys are referred to as plenipotentiary ministers.

Charge d "Affaires en pied (abbr. Charge d" Affaires e.p.) or Charge d "Affaires avec lettres (French).

Charge d "Affaires ad interim (abbr. Charge d" Affaires a.i.).

In this regard, in the future, the material of the section will be presented in relation to the ambassador class.

The status of "persona grata" is enjoyed by all diplomatic staff of the mission.

Sometimes the delay in the agrement is a manifestation of a kind of response (retorsion) to the same delay in the request of the agrément from the state of accreditation in the past. The time for responding to an aggregation request is not defined by the Vienna Convention.

The powers of a permanent chargé d'affaires are issued by the Minister of Foreign Affairs of the accrediting country and are awarded to the Minister of Foreign Affairs of the country of accreditation.

Introduced by the President of the Russian Federation B.N. Yeltsin.

According to the Vienna Convention on Diplomatic Relations of 1961 on Diplomatic Relations of 1961, the head of a diplomatic mission and members of the diplomatic staff are classified as diplomatic agents (Article 1, paragraph “e”)

Currently, many embassies employ service personnel also from among local citizens.

The inclusion in the list of military attachés and their assistants may be different, for example, on the principle of reciprocity, i.e. agreements with the host country, taking into account the diplomatic list of its Embassy in the accrediting state.

Senior diplomatic staff of foreign embassies, replacing ambassadors during their absence or illness.

In very large embassies protocol work may be headed by a diplomat of a higher rank: the second and even the first secretary.

The task of UNEP is to organize, stimulate and coordinate international cooperation in combating pollution and other types of damage to the environment; promoting the development and coordination of the implementation of management policies and programs natural resources and environment; activities in the field of international legal regulation, collection and dissemination of information, training and creation of national environmental authorities.

Cm.: Ivanov I.S. Foreign policy and the world. Articles and speeches. M., 2000. S. 140-148.

First of all, the federal laws “On Citizenship of the Russian Federation”, “On Notaries of the Russian Federation”, “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation”, “On the State Policy of the Russian Federation towards Compatriots Abroad”, etc.

See: Appendices No. 3, 8, 10.

See: Appendix No. 10.

This equally applies to the river fleet, means of road and rail transport in Russia.

Cm.: Putin V.V. Despite any problems and losses, the potential of our country remains huge. Speech at the Meeting of Ambassadors and Permanent Representatives at the Russian Foreign Ministry on July 12, 2002 (Appendix No. 13).

See: Diplomatic Bulletin. 2000. No. 8. S. 3-11.

The immunities and privileges of the head and diplomatic staff of the permanent mission of the state to regional and subregional international organizations are regulated by the relevant legal acts of these organizations and are basically similar to those in force under the aforementioned 1975 Vienna Convention.

Named after the venue of the founding meeting (Wassenaar, the Netherlands, 1995) is an international mechanism for export control of conventional weapons, dual-use goods and technologies. Created in July 1996 on the basis of the Coordinating Committee for Multilateral Export Control (KOCOM) with the full participation of Russia.

It was opened in 1989 as the Permanent Mission of the USSR to the European Union.

Demin Yu.G. Status of diplomatic missions and their staff. M, 1995. S. 128-129.

2 Graduates who graduated with honors may be appointed to the position of attaché with the issuance of a diplomatic passport upon departure to the RZU.

Cm.: Ivanov I.S. Speech at a meeting with young specialists // Diplomatic Bulletin. 2001. No. 10. P. 101; He is. Diplomatic service as it is // Russian newspaper. 2002. March 14.

See: Internal Labor Regulations for Employees of the Central Office of the Russian Ministry of Foreign Affairs. Section III. Appendix No. 16.

See: Federal Law "On the Fundamentals of the Public Service of the Russian Federation". Art. 6; Decree of the President of the Russian Federation "On qualification requirements for public positions in the federal public service" dated January 30, 1996 No. 123.

See: Appendix No. 23.

See: Encyclopedic Dictionary of a Personnel Service / Ed. V.A. Anisimova. M., 1999. S. 233-234.

See: Diplomatic Bulletin. 2001. No. 10. P. 102.

See: Diplomatic Bulletin. 2001. No. 8. S. 131, 132.

Ivanov I.S. Diplomatic service as it is // Rossiyskaya Gazeta. 2002. March 14.

Cm.: Ivanov I.S. Speech at MGIMO (U) September 1, 2000 // Diplomatic Bulletin. 2000. No. 10. P. 106.

See: Collection of materials on consular issues. T. 1. Documents and normative acts. M., 1997. S. 194-251.

See: Appendix No. 7.

As an example, see: Appendices No. 17, 18, 19, 20, 21.

All-Russian Foreign Language Courses of the Ministry of Foreign Affairs of Russia.

See: Appendix No. 20.

See: Regulations on the rotation of diplomatic personnel, approved by order of the Russian Foreign Ministry dated July 6, 1994 No. 3521 // Appendix No. 24.

See: Public Service. Collection of normative acts. M., 2001. S. 115.

See: Appendix No. 6.

Demin Yu.G. Status of diplomatic missions and their personnel. M., 1995. S. 128-129.

Graduates who graduated with honors are appointed to the position of attaché with the issuance of a diplomatic passport when leaving for the RZU.

See: Appendix No. 22.

See: Diplomatic Bulletin. 2001. No. 10. P. 101.

Order by the Ministry of Foreign Affairs of Russia "On new edition standard drafts of labor agreements (contracts)” dated February 28, 2000 No. 1816.

See: Public Service. Collection of normative documents. M., 2001. S. 321.

Decree of the Government of the Russian Federation “On some issues of regulating the working conditions of workers sent to work in representative offices of the Russian Federation abroad” dated December 2, 1994 No. 1337 (Article 3) // Appendix No. 14.

Cm.: Putin V.V. Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation. 2002. 18 April.

Ivanov KS. Foreign policy of Russia and the world. Articles and speeches. M, 2000. S. 7.

See: Appendix No. 16.

Every year, up to 200 people graduate from the Diplomatic Academy in the system of second and additional education, and 400 people in the advanced training system (See: Diplomatic Bulletin, 2000, No. 7, p. 91).

See: Appendix No. 18.

See: Collection of Legislation of the Russian Federation. 1998. No. 23. Art. 2501.

Regulations on the procedure for the formation, maintenance, storage and transfer to the archive of personal files of employees of the Russian Foreign Ministry, approved by order of the Russian Foreign Ministry dated September 19, 1997 No. 1145.

According to the Instruction "On the procedure for admission of officials and citizens of the Russian Federation to state secret» dated October 28, 1995 No. 1050.

See: Collection of Legislation of the Russian Federation. 1997. No. 20. Art. 2239.

In accordance with paragraph 2 of Art. 8 of the Federal Law "On the Fundamentals of the Public Service of the Russian Federation" // Appendix No. 1.

See: paragraph 1 of the Decree of the President of the Russian Federation "On additional measures for the training of civil servants" dated March 3, 1998 No. 983 // Public Service. Collection of normative documents. M., 2001. S. 205.

Public service. Collection of normative documents. M., 2001. S. 479.

1 See: Laptev V.B. Diplomatic Academy of the Ministry of Foreign Affairs of Russia in the system of higher vocational education// Diplomatic Yearbook. 2000, p. 335.

See: Training, retraining and advanced training of civil servants. Collection of normative and methodical materials. Issue. I. S. 104-114.

Regulations on the Extraordinary and Plenipotentiary After the Russian Federation in a foreign state, approved by the Decree of the President of the Russian Federation of February 7, 1999 // Diplomatic Bulletin. 2000. No. 2. S. 15.

Philosophical Encyclopedia. M., 1970. T. 5. S. 135.

Cm.: Ashin G.K. Political leadership: Optimal style // Social sciences and modernity. 1993. No. 2. S. 121-122.

Tolstoy L.N. Collected works. T. VIII. M., 1984. S. 20.

See: On the Approval of the General Principles of Official Conduct of Civil Servants. Decree of the President of the Russian Federation of August 12, 2002 No. 885 // Appendix No. 2.

Cm.: Shepel V.M. Management psychology. M, 1984. S. 174.

Cm.: Putin V.V. Speech at the Meeting of Ambassadors and Permanent Representatives to the Russian Foreign Ministry on July 12, 2002 // Appendix No. 13.

See: Appendix No. 21.

Cm.: Siegert W., Lang L. Lead without conflict. M., 1990. S. 17.

Popov V.I. Modern Diplomacy: Theory and Practice. Lecture course. Part 1. M, 2000. S. 36.

See: Appendix No. 1.

See: Collection of Legislation of the Russian Federation. 2001. No. 11. Art. 1306.

See: Collection of Legislation of the Russian Federation. 1998. No. 10. Art. 1164.

In personnel work in the system of the Ministry of Foreign Affairs of Russia, the phrases operational-diplomatic staff (ODS) and administrative-technical personnel (ATP) are often used. Collectively, they represent the staff of the Ministry as a whole and are one of the most important objects of the state personnel policy. Initially, the concepts of UDF and ATP were based on the provisions of the Vienna Convention on Diplomatic Relations of 1961, which provides for three categories of personnel of diplomatic missions (diplomatic, administrative and technical and service), which differed in the amount of immunities granted. Since before the adoption of the Convention Soviet Union, unlike a number of other countries, granted immunities to service personnel, then the allocation of such employees to a separate category of personnel of the diplomatic department was considered inappropriate and was not fixed either in the practice of foreign missions or in intra-ministerial personnel work.

At present, all employees performing diplomatic functions, i.e. those who hold positions from a senior assistant to a minister in the central office of the Ministry and from a senior assistant to the head of a foreign institution (ambassador, permanent representative, consul general, consul) - in foreign institutions. All other employees are administrative and technical personnel. In accordance with this division into categories, passports are issued to employees of foreign missions: as a rule, employees of the UDF receive diplomatic passports, employees of the ATP - service ones. The exception is recent graduates of higher educational establishments who are going abroad for the first time - operational-diplomatic employees of a junior level (senior assistants), who, despite fulfilling the duties of a diplomat, are issued official passports.

In accordance with the current Russian legislation, an employee of the diplomatic service is a federal civil servant who performs duties in a public position in the system of the Ministry of Foreign Affairs of the Russian Federation for a monetary reward paid from the federal budget. The most important status sign is the presence of a diplomatic rank, the main task is practical and highly professional participation in the implementation of the foreign policy functions of the Russian state.

Employees of the diplomatic service are the basic component of the personnel of the Ministry of Foreign Affairs of the Russian Federation, the main qualified core of the department, performing its functions and tasks.

Employees of the diplomatic service do not include persons providing technical services to the Ministry of Foreign Affairs, diplomatic missions and consular offices of the Russian Federation. Them legal status regulated labor law Russian Federation.

The status, rights and obligations of employees of the diplomatic service, as well as guarantees and restrictions on service are determined by the Constitution of the Russian Federation, federal legislation on the public service of the Russian Federation, the Labor Code of the Russian Federation, the Regulations on the Ministry of Foreign Affairs of the Russian Federation, the regulations on the embassy and consular institution of the Russian Federation , other regulatory legal acts. For the period of work outside Russia, the corresponding privileges and immunities, additional restrictions and exemptions from the rights associated with the peculiarities of the legislation and customs of the host country and the requirements of international law are established for a diplomatic employee.

At the same time, it is taken into account that an employee of the diplomatic service is not just a civil servant exercising a certain type and scope of powers in the relevant position. This is a person endowed with state powers, acting in the system of international relations on behalf of, on behalf of and in the interests of his state. His actions create legal consequences. He is a political and spiritual and moral bearer and defender of the national interests of the Russian state and his people.

The social and legal status of an employee of the Russian diplomatic service is determined by:

The presence of citizenship of the Russian Federation;

Filling a public position in the central office of the Ministry of Foreign Affairs of the Russian Federation, its representative office on the territory of the country, foreign missions documented by the relevant order;

A document (documents) on graduation from the relevant educational institution and obtaining qualifications in the specialty required for work in the system of the Ministry of Foreign Affairs;

The presence of an employment contract, job description and other documents defining the rights, duties, responsibilities, immunities and privileges of the employee in accordance with the requirements for his position, the presence of a diplomatic rank and qualification level;

The presence of appropriate official powers, allowing the qualitative performance of official duties;

Guaranteed privileges, immunities and material support from the federal budget.

Employees of the diplomatic service enjoy all the rights and bear the obligations provided for by the Russian legislation on public service. For the period of work abroad, they enjoy the privileges and immunities established for them in accordance with the norms of international law. Naturally, when working abroad, they must respect the laws, rules and traditions of the host country, and adequately represent their state abroad.

Rights An employee of the diplomatic service can conditionally be divided into functional, status and civil.

Functional relate to the direct performance of official duties. These are the rights to a) familiarization with the documents defining his rights and obligations, guarantees and compensations for his public position, criteria for assessing the quality of work and conditions for promotion, as well as organizational and technical conditions necessary for the qualitative performance of official duties; b) obtaining, in the prescribed manner, information and materials necessary for the performance of official duties; c) participation in the preparation and adoption of decisions in accordance with official duties; d) visits in accordance with the established procedure for the performance of official duties of enterprises, organizations and institutions, regardless of the form of ownership; e) appeal to higher leaders with proposals for improving the diplomatic service, the activities of diplomatic missions and consular offices.

Status rights relate to the place and role of diplomatic workers in the civil service. These are the rights to: a) participate in a competition for filling a vacant public position; b) promotion and payment of salaries, taking into account the results and length of service, rank and skill level; c) familiarization with the materials of his personal file, reviews of his activities, other documents before entering them into a personal file; d) the requirement to attach their written explanations and statements to the personal file; e) advanced training and professional retraining.

Under general civil understood constitutional rights an employee of the diplomatic service for housing, education, health protection, association in trade unions to protect their rights, socio-economic and professional interests, as well as the right to conduct an internal investigation to refute information discrediting his honor and dignity; social and pension provision, taking into account the length of service in public service.

The employee has the right to apply to the relevant state bodies to resolve disputes related to the service, including those regarding recruitment, qualification examinations and certification, the content of issued characteristics, promotion, disciplinary liability, non-compliance with legal and social protection employee, dismissal from service. Thus, the state guarantees the protection of his official rights and personal dignity, the constancy of service and a real opportunity for a career in the Russian Foreign Ministry to an employee of the diplomatic service. And not only in the organizational and personnel, but above all in the socio-political sense. It is no coincidence that many rightly consider it an honor to work in the Foreign Ministry. The diplomatic profession, more than any other, allows you to realize the creative potential of a person.

Along with the rights, Russian legislation and interdepartmental regulations stipulate the scope of duties of an employee of the diplomatic service in the exercise of his official powers:

a) provide support constitutional order and comply with the Constitution of the Russian Federation, federal laws and regulations of the Russian Foreign Ministry;

b) while working abroad, respect the laws, rules and traditions of the host country, adequately represent the Russian Federation abroad;

c) ensure observance and protection of the rights and legitimate interests of citizens and organizations;

d) conscientiously fulfill official duties, as well as instructions of the relevant managers given within their powers, with the exception of illegal ones;

e) comply with the approved internal labor regulations;

f) maintain the level of professional and linguistic qualifications required for the proper performance of official duties;

g) protect the interests of the Russian state, keep state and other secrets protected by law, and also not disclose information that has become known in connection with the performance of official duties, including information affecting privacy, honor and dignity of citizens;

h) observe the procedure for working with official information, ensure the safety of official documentation, international passports, identity cards and passes in accordance with the instructions and rules;

j) obtain permission from the head to participate in diplomatic receptions and other protocol events;

k) travel by order of the administration on business trips, including long ones, to work in foreign institutions of the Russian Federation;

m) save state property, comply with the rules and instructions for labor protection, safety and fire protection;

m) annually submit information on personal income and property in the manner prescribed by federal law.

Their concretization of the rights and duties are received in the relevant job descriptions and concluded employment contracts on the basis of standard, approved by order of the Ministry of Foreign Affairs of Russia. They take into account the specifics of the apparatus, the level of workload of the team and each employee, the content and complexity of the work ahead.

Relevant normative documents defined administration duties in relation to employees of the diplomatic service: to create the necessary conditions for the successful performance of official duties; provide the employee with an appropriate workplace, necessary information, instructions, reference manuals, office equipment, inventory, stationery; guarantee safe working conditions; contribute to the improvement of the level of professional training and qualifications; pay salaries and other payments in the form of material and moral incentives; contribute to the improvement of housing, cultural and living conditions, medical care, organization of recreation, etc.

A citizen, having entered the diplomatic service and taking into account the specifics of its passage, agrees to a number of restrictions and exemptions from their civil rights and freedoms established by Russian law for civil servants. In particular, he is not entitled to:

a) engage in other paid activities, except for pedagogical, scientific and other creative activities;

b) be a deputy of the legislative (representative) body of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation, local governments;

c) do entrepreneurial activity in person or through proxies;

d) be a member of the management body of a commercial organization, unless otherwise provided by federal law or unless, in accordance with the procedure established by federal law, he is instructed to participate in the management of this organization;

e) to be an attorney or representative for third parties in a state body in which he is in the public service or which is directly subordinate or directly controlled by him;

f) use for non-official purposes the means of logistical, financial and information support, other state property and service information;

g) receive royalties for publications and appearances as a public servant;

h) receive from individuals and legal entities remuneration (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation costs and other remuneration) related to the performance of official duties, including after retirement;

i) accept, without the permission of the President of the Russian Federation, awards, honorary and special ranks foreign states, international and foreign organizations;

j) go on business trips abroad at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Russian Federation or on a reciprocal basis by agreement of federal government bodies with state bodies of foreign states, international and foreign organizations;

k) use the transport of a government agency to perform non-official functions.

The work of close relatives who are in direct service subordination in relation to each other is not allowed in the public service.

An employee of the diplomatic service, like any other civil servant, is prohibited from participating in strikes, political rallies and anti-government demonstrations; speak out on controversial official issues in the press, books, leaflets; be nominated as a candidate for elective positions in state authorities and local self-government, without leaving positions in the system of the Ministry of Foreign Affairs; use his official position to influence the election results; use his official position in the interests of political parties, public, including religious associations; hold party-political events in the premises belonging to the state; participate in fundraising for a particular political party, one or another political event or action.

These kinds of restrictions political rights and freedoms are not accidental. An employee of the diplomatic service, holding a public position in the civil service, serves not the parties and political leaders, but the state, ensures the nationwide, nationwide interests. It cannot and should not serve this or that corporate interest. The diplomatic service will not be able to be truly professional and efficient, energetic and multi-vector if it is focused on the narrowly corporate interests of a particular political force, if it is not focused on solving the socio-economic problems of the country as a whole.

Professionalism in the diplomatic service is a set of necessary special knowledge, skills and abilities, the ability to show state wisdom, political foresight, the ability to limit the influence of ideological and political conjuncture on diplomacy. That is why, at all times and in all advanced countries, professional training, retraining and advanced training of civil servants throughout the entire period of their career was considered as essential condition effective state-administrative activity, stood out as an independent direction common system personnel work.

It is no coincidence that Russian legislation interprets the professionalism and competence of civil servants as the most important principle of the civil service (Article 5, paragraph 8 of the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation), the development of a professional level and advanced training as a duty of a civil servant (Article 10, 7), and continuing education and advanced training at the expense of the state budget - as its inalienable right (art. 9, cl. 8).

In accordance with the Decree of the President of the Russian Federation "On the procedure for assigning and maintaining diplomatic ranks and on establishing a monthly allowance to the official salary for a diplomatic rank" dated October 15, 1999 No. 1371 to persons replacing public positions of the Russian Federation and public positions of the federal civil service in the Russian Foreign Ministry, diplomatic missions and consular offices of the Russian Federation abroad, representative offices of the Ministry of Foreign Affairs on the territory of the Russian Federation are assigned diplomatic ranks and qualification ranks. Appropriate additional payments are established for them in the form of appropriate monthly allowances to official salaries.

The circle of persons who can be assigned diplomatic ranks is strictly limited to those employees and applies only to those whose official duties include the performance of diplomatic functions.

The procedure for assigning and maintaining diplomatic ranks is regulated by the aforementioned Decree of the President of the Russian Federation of October 15, 1999 No. 1371 (as amended on August 28, 2001 No. 1080) and the “Regulations on the procedure for assigning and maintaining diplomatic ranks to diplomatic employees of the Ministry of Foreign Affairs” approved by this Decree. Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation, representative offices of the Ministry of Foreign Affairs of the Russian Federation on the territory of the Russian Federation.

In accordance with this legal document, the practice of conferring diplomatic ranks on former employees of the Ministry of Foreign Affairs who were transferred to other federal authorities state authorities, employees of institutions subordinate to the Ministry of Foreign Affairs (GlavUpDK, MGIMO (U), Diplomatic Academy, Research Center, etc.).

Assignment of a diplomatic rank is carried out in accordance with the qualification requirements established by Russian federal legislation for public positions in the federal civil service. An applicant for a diplomatic rank or qualification rank, according to his objective characteristics, must comply with the normatively established qualification requirements for each category and group of public positions. In general, these requirements are as follows:

a) knowledge of the Constitution of the Russian Federation, federal laws and other regulatory acts of the Russian Federation, in relation to the performance of official duties in the system of the Ministry of Foreign Affairs of the Russian Federation;

b) the appropriate level and profile of professional education, knowledge in the field of Russian foreign policy, regional studies, history and state of the art international relations;

c) knowledge of the Russian language, as well as the availability of certificates of appropriate knowledge foreign languages;

d) work experience in the specialty, skill and practical skills in the field of diplomacy and diplomatic service;

e) personal merits and performance results;

e) expiration required time stay in the diplomatic rank of the previous level.

The diplomatic rank of an officer must correspond to the position of the diplomatic service being occupied, although in some cases it may be one step higher or lower than the rank corresponding to the position being occupied. In cases where positions correspond to two adjacent ranks, then the maximum allowable rank for this position may exceed the "upper" limit, but not more than one rank, and the minimum must be one rank less than the "lower" one.

For example, the positions of the first secretary (consul) correspond to the ranks of the first secretary of the 1st class and the first secretary of the 2nd class. At the same time, the maximum allowable rank for the position of the first secretary (consul) is the 2nd class adviser, the minimum allowable is the second secretary of the 1st class.

Or, the positions of the second secretary (vice-consul, consular agent) correspond to the ranks of the second secretary of the 1st class and the second secretary of the 2nd class. The maximum allowable rank for the position of the second secretary (vice-consul, consular agent) is the first secretary of the 2nd class, the minimum allowable is the third secretary.

Currently, the following system of diplomatic ranks operates in Russia:

For the rank of Envoy Extraordinary and Plenipotentiary of the 2nd class, diplomatic workers who fill in the Russian Ministry of Foreign Affairs positions not lower than the deputy director of the department, in diplomatic missions and consular institutions of the Russian Federation - envoy-counselor, deputy permanent representative of the Russian Federation to an international organization, Consul General of the Russian Federation , in the representative offices of the Ministry of Foreign Affairs of Russia on the territory of the Russian Federation - a representative of the Ministry of Foreign Affairs of Russia on the territory of the Russian Federation.

The diplomatic ranks of Ambassador Extraordinary and Plenipotentiary, Envoy Extraordinary and Plenipotentiary of the 1st and 2nd class are assigned by the President of the Russian Federation on the proposal of the Minister of Foreign Affairs of the Russian Federation. The procedure for presenting senior diplomatic workers for the assignment of these diplomatic ranks was approved by a special order of the Ministry of Foreign Affairs of the Russian Federation dated February 11, 1999 No. 1294.

Other diplomatic ranks, as well as qualification ranks, are assigned by the Minister of Foreign Affairs of the Russian Federation on the proposal of the heads of departments of the Russian Ministry of Foreign Affairs, diplomatic missions and consular offices of the Russian Federation, representative offices of the Russian Foreign Ministry on the territory of the Russian Federation, together with the Personnel Department of the Russian Foreign Ministry, based on the results of certification conducted by certification commissions under the chairmanship of the Deputy Ministers of Foreign Affairs of the Russian Federation.

Issues of early and extraordinary assignment of diplomatic ranks are considered by the attestation commission chaired by the First Deputy Minister of Foreign Affairs of the Russian Federation.

The composition and procedure for the work of attestation commissions are determined by the Russian Ministry of Foreign Affairs in accordance with the regulatory legal acts of the Russian Federation that regulate the issues of attestation of federal civil servants.

The following terms of stay in diplomatic ranks are established:

The terms of stay in the diplomatic rank of an adviser of the 1st class and above are not established. Persons who have been awarded diplomatic ranks retain them for life.

Civil servants accepted for one of the diplomatic posts who previously worked in other organizations, if they are given a probationary period, as well as persons newly admitted to the civil service, may be presented after due date tests for the assignment, as a rule, of the minimum rank or qualification category corresponding to the position they fill. But if earlier they were ranked only after two years of work in the Ministry of Foreign Affairs, then in accordance with the current Regulations they can be submitted for diplomatic rank after the probationary period has expired.

The same procedure is adopted for graduates of higher educational institutions. The issue of conferring the diplomatic rank of attaché to graduates of higher educational institutions accepted for the relevant diplomatic positions is considered by the attestation commission after the expiration of the established probationary period.

If a diplomatic employee has a qualification category and a diplomatic rank, he is paid only a monthly allowance to the official salary for a diplomatic rank. The payment of a monthly bonus to the official salary for a diplomatic rank or qualification rank is terminated in the event of an employee's dismissal from the diplomatic service.

For special distinctions in the course of the diplomatic service, the performance of particularly important tasks by the leadership of the Ministry of Foreign Affairs of Russia, the courage shown in the performance of official duties, a diplomatic worker, a civil servant without a diplomatic rank, can be presented, respectively, to an increase in the diplomatic rank or qualification rank before the expiration of the established period, and in exceptional cases - without respecting the order of assignment of diplomatic rank or rank.

The assignment of a diplomatic rank is confirmed by the issuance of appropriate certificates. Solution attestation commission on the assignment of a diplomatic rank or qualification rank is formalized by a decree of the President of the Russian Federation or an order of the Minister of Foreign Affairs of the Russian Federation. The corresponding entry is entered in the work book and personal file of the employee.

The following incentives may be applied to civil servants of the diplomatic service for exemplary performance of official duties, long and impeccable service, performance of tasks of particular importance and complexity:

a) payment of a one-time monetary remuneration in the amount of the official salary;

b) announcement of gratitude on the occasion of anniversaries (men - 50, 60, 65 years old, women - 50, 55, 60 years old) with the payment of a bonus in the amount of 0.5 official salary with work experience in the ministry system up to 5 years and official salary - with more than 5 years of experience;

c) declaration of gratitude by order of the ministry;

d) declaration of gratitude by order of the ministry with the payment of a one-time monetary reward in the amount of the official salary;

e) declaration of gratitude by order of the Minister;

e) award Honorary diploma Russian Foreign Ministry;

g) awarding with the Badge “For Impeccable Service”;

h) awarding the honorary title "Honored Worker of the Diplomatic Service of the Russian Federation";

i) awarding orders and medals of the Russian Federation.

Normative legal acts of the Russian Federation may provide for other types of incentives for an employee of the diplomatic service. Incentives are reflected in the personal file and work book diplomatic officer.