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Category: History

Soviet period of development of institute of public service

v. V. Makarov



Work is presented by department of the state and administrative law of the St. Petersburg state engineering and economic university. The research supervisor - the doctor of jurisprudence, professor V.M. Chibinev

In article historically developed institute of public service in Soviet period is considered. The main theories of public administration are defined and proved and intra hardware work of the appropriate public authorities is shown.

The article is devoted to the historically developed institution of civil service during the Soviet time. The basic theories of state administration are defined and proved and the work of corresponding state bodies is shown.

After the October revolution the developed institute of the Russian public service was almost destroyed. The Decree "About extermination of estates and civil ranks" of November 11, 1917 was one of the first acts of the Soviet power. According to the logic of the political events which were taking place at that time in Russia, the royal legislation on public service was repealed.

After the revolution in Russia ideas of fast dying off of the state, of full merge in hands of representative bodies of the power of functions of lawmaking and management dominated. Due to

to these the legislation on public service for decades had no legal obolochki1.

According to the Marxist-Leninist doctrine, a prerequisite of formation of the socialist state was demolition of old state machinery, destruction of government. Bolsheviks entered revolution with the idea of the state commune - the states without bureaucracy, without police, without standing army, the state where all for a while became bureaucrats and therefore nobody could become byurokratom2.

The III All-Russian congress of Councils of working and soldier's deputies (on Jan. 10, 1918) approved "The declaration of the rights of the worker and the exploited people", having enshrined in it sovereignty and autocracy of Councils, federal structure of the state.

The constitution of RSFSR fixed 1918 the system of the supreme authorities to which were carried: The All-Russian congress of Councils and the All-Russian Central Executive Committee elected at a congress. Under the authority of these bodies there were all questions of nation-wide value - the Government of the Russian Federation, Council of People's Commissars, VTsIK was formed. The legislature was carried out by three bodies: congress of Councils, VTsIK and Council of People's Commissars. At the same time these bodies were also executive. Judicial authority was carried out by Narkomyust - executive body. On places the power belonged to congresses of local Sovetov3.

Origin of the domestic theory of public administration is referred to the beginning - the middle of the 60th 4

Communist Party developed the concept of public administration, and problems of public administration took an important place in theoretical and practical activities of party. In public administration the subsystem of positions with vertical relationship and complete dependence of the person from a post was created. Dictatorship of the individual power, absolute submission subordinate higher, rigid discipline, one-man management, agreement of opinion, edinodey-stviye5 became the main lines of the Soviet public administration.

The basic principles of public administration were enshrined in the Constitution of the USSR 1977: management of the CPSU, involvement of workers in public administration, democratic centralism, internationalism, planning and account, socialist legality. Konstitu-

the tion of 1977 approved the leading role of the Communist Party, legalized the CPSU as the leading and directing force of the Soviet society, a kernel of its political system, the state and public organizations.

Thus, in Russia there was a substitution of public administration party that caused lag of legal regulation of public service in Soviet period. The institute of the Soviet public service as a subject of scientific judgment began to develop along with the theory of public administration. The first publications and monographs on a perspective of the Soviet public service began to appear in the 1950-1960th

The concept of the public servant is derivative of a concept of public service. Public servants were defined with it as category of workers which works for the corresponding reward in public authorities, the enterprises and institutions and carries out according to character and volume of the conferred task powers, determined by competence of this body. "Classification of the Soviet public servants was carried out on various bases: on the nature of public authorities in which they worked, on the nature of the industry of public life where employees carried out the activity, on the nature of this activity. Thus, state and imperious power was the most general criterion allowing to distinguish officials from other employees" 6.

Carried to leadership team - a tegoriya of officials which joined heads of institutions, enterprises and industry governing bodies, managers of independent structural units of public authorities. This category nadelya-

las wide special rights: the publication of legal acts, reception of citizens for work and their dismissal, the signature of documents it. item. Officials of this category realized the powers in certain borders, i.e. in relation to the subordinated persons, the enterprises and bodies. Representatives of the administrative authority - category of officials whose realization of state powers of authority was expressed in formulation of obligatory instructions; representatives of the administrative authority are the officials who had the right to impose legal requirements and to take measures of administrative influence against the persons and bodies which are not under their office supervision; public servants whose nature of office activity did not assume commission of the actions causing legal consequences treated support personnel.

The existing legislation fixed several ways of replacement of positions in government: election, appointment, replacement of a position on a competition, by execution of an employment agreement that was caused by different degree of importance of the carried-out functions on positions and various appointment of state bodies.

The order of promotion was not regulated by special legal acts. Advance was carried out in each case, proceeding from assessment of business and personal qualities of the worker and his moral and political shape.

V.A. Vorobyov noted that "fixing of an accurate system of service would be that administrative and legal form which promotes the best satisfaction of this requirement, the interest of the personality in increase in the qualification and official position. The formalized systems of passing are not acceptable for socialist management

services characteristic of bourgeois bureaucracy of management. For example, the legislation of the USA subdivides federal officers into 18 categories, each of which, in turn, is divided into steps number up to 10. And all organization of service (length of service, competitive certification, providing privileges, etc.) forces the individual to be the performer of the social role set to him. The Soviet government causes deep democratism of the organization of service... Despite relevance, promotion it is not fixed standardly in quality of an element of a control system of shots" 7.

The bases of the termination of the state and office relations according to the existing labor law were: the unilateral requirement of administration, not election of a position during the next elections, desire of the employee to leave work, the circumstances which are not depending on will of the parties. Later, with change of the labor law, the bases changed.

Besides, the Soviet legislation in details regulated disciplinary responsibility state serving - shchy, coming at violation of labor and office discipline by the last, at commission of minor offense.

The legislation provided material (rewarding with personalized valuable presents, awarding, increase in a position) and moral (gratitude, entering on an honor roll, rewarding with certificates of honor, awards, medals, medals, assignment of honorary titles) measures of encouragement state sluzhashchikh8.

Thus, in the USSR there was a separate system of regulations regulating single questions of the state and office relations. Considering plurality and the known obsolescence of acts and also features

organization of labor of workers gosudar- a lozheniye about acceptance all-union norm -

stvenny bodies, scientists put forward before- the tivny special act.

1 I.R. Gimayey. Public service as institute of the constitutional state: problems of the theory and practice: Monograph. M, 2004. Page 53.
2 R.S. Aktov, M.G. Zubairov, G.V. Mordeintsey. History of state and law of Russia. 1917-1993: Studies. grant. Ufa, 1995. Page 7.
3 G.V. Atamanchuk. Essence of the Soviet public administration. M, 1980. Page 36.
4 D.M. porridge public service of the Russian Federation. M, 2002. Page 6.
5 G.V. Atamanchuk. Decree. soch. Page 27.
6 I.R. Gimayev. Decree. soch. Page 58.
7 Sparrows of VA. Soviet public service / (administrative and legal aspect). Rostov N / D., 1986. Page 52.
8 In the same place. Page 22.
Tomas Claus
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