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  • Historical analysis of the development and formation of civil service in Russia. Basics of civil service and personnel policy Source base research

Historical analysis of the development and formation of civil service in Russia. Basics of civil service and personnel policy Source base research

Chapter I Public Service in the "Golden Age" of the Russian Empire

Russia joined the XIX century. With such an organization of the authorities, which no longer answered the requirements of time. The huge empires stretching from the Baltic to the Pacific Ocean was impossible to lead from one royal residence. The most far-sighted officials in Russia have had plans for deep transformations of the state system. With the relevant projects to the young Emperor Alexander I treated N.P. Rumyantsev, V.A. and PA Tooth, P.V. Zavadovsky, A.B. Kurakin and others. They proposed to carry out such reforms that would limit the power of the emperor. On radical changes in the state strictly insisted by Senator G.R. Derzhanin. In particular, he proposed to make the Senate with the representative body of the highest nobility, clergy and merchants, focus on legislative, executive and judicial functions, turn the title of senator in life.

Alexander I realized that unlimited autocratic power easily passes into a limitless arbitrariness, which looses the foundations of the monarchy and destabilize the political regime in the country. He believed that the interests of the monarch himself need to arrange the management of Russia so that the Supreme Power would make as many political mistakes as possible, and they would be prudent and appropriate. At the same time, on August 25, 1801 at the meeting of the unlawful committee, which included "young friends" of the emperor (P.A. Stroganov, A. Chartersky, V.P. Kochubey and N.N. Novosillesev), Alexander I stated that The reform of the administration should be preferable to the Constitution. This statement was based on the entire policy of reforms of the first decade of his reign.

It should be especially emphasized that the initiators of administrative reforms of the beginning of the XIX century. Perfectly issued aware that success in government transformations will be directly related to a significant improvement in the organization of civil service, qualitative changes in Russian officials.

In 1808, one of the main advisers by Alexander I S. M. Speransky made a note "This Position of Affairs and the means of correctness". In particular, due to the planned changes in the management of the Speransky country argued that the involvement of new, accordingly prepared civil servants becomes inevitable. Analyzing the state of Russian officials, he came to the conclusion that, firstly, the nobility that constitutes its main mass, in quantitative and qualitative terms is not enough for the needs of the planned reorganization of management, since the officials-nobles in their mass do not have special knowledge in the regions required To work in the state apparatus. Speransky offered to expand the possibilities for entry into the service of other classes, as well as to reduce the needs of military service. At the same time, the audit of the note drew attention to the poor property situation of civil servants, designed to solve the problem of transformation of the state apparatus. "For most people," Speransky wrote, "the service has fishery, but it has the least concerned. It can be positively to say that the performers of our laws, the counseliers of the court, order and devices of the essence of the beggars "he proposed to significantly improve the property position of officials, and the necessary funds for this to provide" the best distribution of filters, and specifically saving. " Archipova T.G., "History of the State Service of Russia of the XVIII-XX century" / M.: 1999 230c.

The acute need for personnel forced the autocracy of the decree of December 3, 1808. admit to the stationery positions of the "applied ranks" (except for the fortress); Decree of January 12, 1812- on service in educational institutions.

August 6, 1809 Alexander I signed a decree "On the rules of production to the ranks in the civil service and on the tests in the sciences for production in college assison and Stat advisors" (Decree has acted until 1834).) In the preamble, there was an opportunity to "reach the low education of officials Not merit and excellent knowledge, but in one stay and calculus of the years of service. "

MM Speransky warned the emperor that every year the lack of education in the Russian junior will increasingly affect the management of the state. This is the basis of the introduction of examinations when reaching the VIII and V classes of the table of ranks. From now on, in order to become a college assessor, in addition to driving, it was necessary to have a higher education or to pass the Commission exams at universities on the established program. Examinations were introduced in the following disciplines: Russian, one of foreign languages, natural law, universal history, Roman law, civil law, criminal law, Russian history, state economy, arithmetic, geometry, physics, geography, statistics of Russia. The decree required to manage "performers of knowledgeable, with solid and domestic education."

The requirements of the decree caused the overall response of contemporaries in general. Many ministers, directors of departments, governors tried to defend the advantage of experience before knowledge when appointing and promoting an official in service. And yet the proposals of the Speransky gave certain results. If until 1810g. More than 31% of the class officials had a home education, then the 30s of the XIX century there were only 5% Archipova T.G., "The history of the civil service of Russia of the XVIII-XX century" / M.: 1999. 230 s. .

Perhaps the most serious changes in the organization of civil service occurred during the reign of Nikolai I.

The emperor firmly believed in the state of the state, in what could through a superbly established apparatus and well-selected, trained officials regulate the life of society. Therefore, from the first years of the reign, he sought to improve the Russian bureaucracy. For this, Nicholas I demanded to improve the legislative base of the public service and strengthen control over the implementation of laws.

In 1827 All the necessary information on the number and composition of the stationery ministers and officials from the applied classes were collected, and from October 14 of the same year, the "Regulations on the Stationery" was approved. The situation definitely connected advantages with the classroom. Stationery servants were divided into 4 categories: 1 offacarious nobles, 2 children of personal nobles, merchants of the 1st Guild, priests and deacons, 3 children of stationery ministers, scientists, artists who did not have the classes, 4 merchants 2nd, and 3rd Guilds, foreigners, faces of the applied state. Nicholas I forbade to accept the posts that the XIV classes of the table of ranks, persons of the 4th category.

In the late 20s of the XIX century. They got the spread of the idea of \u200b\u200bcomplete cancellation of civilian ranks, which caused the deaf resistance of the highest officials of the Empire. The situation was described by A.S. Pushkin in the note "On People's Education": "The ranks were made by the passion of the Russian people. Togo wanted Peter the Great, that the state of Russia required the then. In other lands, the young man cums a circle of exercises about 25 years; It is in a hurry to enter as early as possible to the service, for he needs to be a colonel or a colleagne adviser ... Of course, the destruction of the ranks (at least civilian) represents great benefits; But this measure entails the riots countless, as in general, any change in the decisions, consecrated by time and habitual "Archipova T.G.," The history of the civil service of Russia of the XVIII-XX century "/ M.: 1999.230 p. .

After several oscillations, Nikolai went along the path to further improvement of civil service and good production. An important step in the organization of civil service was the codification of the relevant legislation and the preparation of the Civil Civil Civil Code. The division of persons who had the right to work in the state apparatus, by three categories, under the law: 1) those who graduated from the course of science in higher educational institutions, 2) who completed the course of sciences in secondary educational institutions, 3) "Not having certificates neither of those nor other meaningful educational institutions. " Different services were installed.

In Russia, under Alexander I, the case of the definition of officials to position, awards, the award of different rights and the benefits were concentrated in the I Department of Goverling Senate.

Nicholas I decided from 1836 to focus on the supervision of civilian officials in the I branch of own imperial Majesty of the Office. Every 6 months, the governors filed information about the persons who entered the public service. Summers in this large omission of Nicholas I commanded to focus all the case by defining the service, the production in the ranks, room, dismissed from the service in the specified institution. For this purpose, in the composition of the I branch on September 5, 1846. The inspection department of the Civil Delegation was established. The Department's apparatus was divided into four expeditions. Thus, the king could see and monitor officials who were in service. It was during the years of the reign of Nicholas I finally established the requirements for such an important document About the passage of civil service, as a track record. Archipova T.G., "History of the State Service of Russia of the XVIII-XX century" / M.: 1999 230 s. . There were more than detailed information about officials and their property.

The total trend of Russia, the time of Nicholas I was the militancy of the state apparatus. So, the seniorized departments were fully chaired: mountain, forest, communication paths. Yes, and ordinary civilian administration, gradually turned into a military.

In 1846 On behalf of Nikolai I, the Minister of Justice Count V.N. Panin has developed a note on the revision of the Civil Service Charter. For the implementation of the plan, a special committee was formed to revise the "Charter of the Civil Service". Based on the instructions of the emperor, the Committee spoke in favor of canceling the names of the ranks. The production of years was supposed to be replaced by adding to a salary. However, the work of the Committee was slowed down by two serious notes in the name of Nicholas I Minister of Folk Education S.S. Uvarov. They said that the ranks are

"The gun is so powerful that the state will remain in the hands of the rulers, hardly anyone can shake the autocratic power in its foundations" Archipova T.G., "History of the State Service of Russia of the XVIII-XX century" / M.: 1999. 203 p.

Uvarov believed that it would no longer be a chance of ranks so rooted in the consciousness of Russians, it corresponds to their psychology, became part of the presentation of the world order. "Russia loves a solemn expression of the beginning, the Slavic peoples of precious - equality before the law, values \u200b\u200bthe sign of thought that everyone in turn can make a path to the highest dignity of service," the Uvarov wrote. And although in real life there was not the case, the prospect of a brilliant career, the ability to acquire noble dignity really attracted many. Moving the same famous heights, they became defenders, with the rare exceptions, the established system of chin-production system of Archipova T.G., "The history of the civil service of Russia of the XVIII-XX century" / M.: 1999..230 p. . Nicholas I was forced to agree with S.S. Uvarov, and although in a special committee and a draft of a new charter about the civil service was drawn up, the emperor did not sign it, and the Committee himself was closed.

After the death of Nikolai I, the Inspector Department was eliminated. In 1862 With a sharp criticism of the state of the public service and the system of the ranks, MA spoke Corf is the main management of the II branch of his own imperial majesty of the office. In his note, he indicated that "the harmful influence of the ranks is especially in the fact that they form some separate, disassembled with the other population of Casta, who lives his own life, considers itself higher than the rest of society, and the society also looks How to something alien and almost hostile "

Archipova T.G., "The history of the state service of Russia of the XVIII-XX century" / M.: 1999..230 p.

In 1892 A special committee for the awards of officials was formed. Until that time, the ordinary order of officials orders, gifts, no benefits did not exist. The appropriate petitions of the Emperor came through the Cavalier Duma, the Committee of Ministers, from individual ministers and major guidelines, managing his own imperial majesty of the office, members of the imperial name, representatives of various charitable societies. From now on, all submission of this kind came to the Committee on Awards.

How many officials in Russia were at the beginning of the 20th century? In his study N.A. Rubakin indicates that in 1910 there were 575 thousand officials in European Russia and their content was 13.36% of the budget expenditure. Archipova T.G., "The history of the state service of Russia of the XVIII-XX century" / M.: 1999..230 p. Throughout the XIX century, the main conditions for public service (the absolute majority of officials served in civilian executives) were origin, age, knowledge, citizenship, civil honor.

In the 19th century, hereditary noblemen and sons of personal nobles, officers and officials who received personal honorary citizenship, the sons of priests, deacons and church priests of Prasvyvyvnikov and Armenian-Gregorian religion, as well as evangelical and luteran and reformist pastors, and the Sons of Commerce, and the Sons of Commerce, Advisors and merchants of the first guild, intelligentsia, etc. The advantages were behind certain categories of the population whose children served in the department of the Ministry of the Imperial Court - for example, the master and lower ranks of the Russian army. It should be noted that all of the above categories of persons could be taken to the service even if they were not satisfied with some other conditions - for example, did not have due education.

Not willingly took the civil service of foreigners, children of workers and peasants. Also in the first half of the XIX century were not taken to the service and women, although nowhere in the laws of the categorical prohibition did not exist. Only in the course of reforms they began to "hire" in medical institutions, by mail and telegraph, in educational institutions. Later they were allowed to work in accounting and office positions. Restrictions related to illegitimate, i.e. born outside official marriage. Such children could enter the service only under the condition that they will be recorded in the apparent estate, and then, after graduating, they will acquire the right to education. Those who came to civil service one by one of the right of origin were taken to work by stationery ministers.

The first Russian revolution has made significant changes. She equalized everyone, the stern of foreigners in the right of service. The legislation established the minimum age for receipt of the public service from 14 years. For some posts, the minimum age was set at 21, 25, 35. The upper limit was not. Persons who did not have the right to enter the public service in their origin acquired it after receiving the collateral evidence of medium or higher educational institutions. Also, the prerequisites were the possession of a civil honor, those persons who were seen in non-residential acts or were punished for the court for crimes and deprived of all the rights of the state were not accepted into service.

Since 1874, the condition of receipt of the civil service has become serving military service

Upon joining the service, the official brought oral oath, then he signed up its printed text. Retired official had the right to return to the service. Lost the right to service, i.e. Painted from her for bad behavior, could start previous responsibilities not earlier than four 2 years. At the same time, he had to submit a testimony of his respectable behavior.

In the charter about the service in a number of articles, the idea was expressed that it is necessary to produce in the ranks consistently, after driving a certain number of years in each rank: "No one can be produced through the rank, or by passing the lowest, directly to the higher" archupov T .G., "The history of the state service of Russia of the XVIII-XX century" / M.: 1999..230 p.

At the end of the XVIII century, the term of the service hierarchy from the XIX in the III class of the table of ranks was 49 years. Therefore, the highest rank could be achieved on a career slope. In order to rejuvenate personnel in the first half of the XIX century, the Award of Chins XIII and XI Classes was discontinued, the length of the years was reduced in some ranks. Now the path through the career ladder was 39 years old.

With the appointment of a civil service to the position of civil service, a stationery or official received a content that consisted of a salaries, dining rooms, apartment money or a state-of-the-art. The emperor could establish a special salary that was practiced against the highest officials.

In reducing the post or liquidation of the institution, officials who remained at the staff received only a salary during the year or to a new appointment within this year.

All employees were issued a salary and dining money 1 time per month. The situation in which Russian employees are often often provided (non-payment of salaries in a few months), in pre-revolutionary Russia there was no conception. Significant expenses, the state was carried to providing officials who served in remote areas, such as the Western province and the kingdom of Polish.

The law clearly prohibited "the offering to the heads from society and class, both in the aggregate, and separately" Archipova T.G., "History of the State Service of Russia of the XVIII-XX century" / M.: 1999..230 p.

The benefits and advantage of the public service can be attributed to the state of their employees, and an offacarious nobility will also receive through the service. The very important advantages of civil service was obtaining pensions. According to the general rules, the term of service for obtaining a pension was determined in 35 years of exhaust service. Weighting at least 25 years received 50% of the pension salary. Based on the average receipts of the service after receiving a specialty at 20 years old, it can be concluded that only by the 60 years the official could hear the pension that, by the way, exceeded the average life expectancy in the country. Therefore, often, the family received a pension, and not the employee himself.

In the XIX century, the system of kindness was finally developed when a sense of dignity was given to the venue for the situation in the hierarchy of the ranks and posts. For example, the senior according to ranks and posts in a letter to the youngest personally signed his last name. If the youngest wrote the eldest, he was obliged to call his titles and ranks in addition to signature. The presence in this case only the signature was considered a gross violation of the rules and was considered as an insult. The second half of the hih century. It comes to substantial changes in the public and state strict. The reform of 1861 liberating the peasants, discovered the development of capitalism in the city, although he put certain obstacles on his way. The peasant got the land exactly so much so that she tie it to the village, restrained the outflow of the labor force, the necessary landowners, to the city. At the same time, the peasant lacked the peasant, and he was forced to go to New Kabalu to the former Barina. The community organization of the village somewhat slowed down the classic differentiation of the village and with the help of a circular order ensured the recovery of redemption payments. The new class structure of society, where contradictions between workers and capitalists gained increasing importance, developed within the framework of the old estate system.

The development of socio-economic processes could not not affect the state sphere. Russia makes a decisive step towards the transformation of the feudal monarchy in the bourgeois. This manifests itself mainly on average and lower links. state mechanismWhere Zemskaya and urban reforms made a bourgeoisie to management. The judicial reform holds quite consistently bourgeois principles of the junction and process. Military reform introduces a generally universal military duty. At the same time, the liberal dreams of the Constitution remain only with dreams, and the hopes of Zemsky leaders on the crimping system of the Zemstvo All-Russian bodies meet the decisive resistance of the tsarism.

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Kuban state agrarian University

TOQuestionABOUTLegalRegulationInstituteDutiesStateServantsATRussianEmpireATXIX.Century

Architeeva Anastasia Sergeevna

lecturer of the Department of Theory and History

states and rights, graduate student

Krasnodar, Russia

This article discusses some features of the regulatory regulation of the responsibilities of civil servants in the XIX century. The author is investigated by the problems of the legislative support of the specified institution of law. It is noted that in the Russian Empire for the first time, special attention was paid to the educational centes of officials. In fact, the presence of education at that time was a duty for civil servants. Even those persons who have already passed the service were required to receive education, which is certainly a positive innovation. Thus, the presence of educational cencing among officials of the civilian department is elevated to the rank of responsibilities. Understanding the need to improve the quality of government, the leadership of the country special attention paid issues of professional training of future and working officials. For example, additional tests were established for officials who wish to get a higher position of collegiate assessor or Stat adviser. Increasing the level of education of employees, the elimination of low university workload is the main tasks that were pursued. The author notes that the conditionally responsibilities of civil servants can be divided into 2 types: general responsibilities relating to all categories of officials; Special duties set by individual officials. Special rights and obligations of employees were established in departmental, local and regulatory acts. They differed in more detailed study of the right of serving and pension provision. Complete concept material support Officials by the state at the legislative level was successfully established, but in practice the custom of "feeding" was actively implemented

Keywords: legal status, public servant, responsibilities of civil servants

As fairly noted in the literature, in earlier stages of the formation and development of legal status of civil servants, conceptual principles were often changed, the form, however, not enough attention was paid aspects of reforming the status content.

On April 3, 1809, a decree was issued "On the non-recognition of the right of valid service for honorary court positions" for the first time containing a legal concept of compliance with the rights and obligations on the model: a person can be endowed with rights provided if he fulfills his duties and is legal responsibility. Of course, this beginning, proposed by M.M. Speransky, positively affected the quality of legal support of the institute of the rights and obligations of employees. State employee duty official

Understanding the need to improve the quality of government, the leadership of the country special attention paid issues of professional training of future and working officials. For example, additional tests were established for officials who wish to get a higher position of collegiate assessor or Stat adviser. Increasing the level of education of employees, the elimination of low university workload is the main tasks that were pursued with the introduction of this Decree.

According to the decree of August 6, 1809 in the production of a college assessor in the rank of college assessor, an official applying to this position was to provide a document from the university, indicating that the person was trained on the relevant specifics of the SCIAM. A similar mechanism acted and upon receipt of the rank of Stat adviser.

It should be noted that the specified approach of the norms was based on the provisions of the Decree of January 26, 1803 "On Device of School", which regulates, in particular, the production of civilian posts.

In our opinion, the introduction of these decrees has reached the main objectives - the constant loading of higher educational institutions was provided, the implementation of the principle of rotation in the civil service was ensured, the legislative level was minimized to minimize the possibility of replacing public position in a low-fledged official, as well as liquidated such a popular practice of promotion The service of "their own", protectionism. In fact, we can say that the responsibility of obtaining higher educationWhat deserves a positive assessment.

Reforming the Institute of Public Service under the Emperor Nicolae I was held in the key of the cancellation of the priority of the educational qualification. Releases were introduced: on education and by origin. For example, a person who does not have higher education was entitled to be able to promote the service if there was a certain long-term service experience or when receiving a new rank as a promotion. Moreover, certain preferences had offacarious nobles.

However, this practice was applied not so long and by 1856 the discharges were abolished. Obviously, the establishment of the priority of the educational cencing was a necessity, since the state needed an educated, qualified official apparatus. The former approach to promotion on the service staircase based on the principle of properties, protected has a large number of negative qualities, however, in our opinion, its application was impossible to avoid.

The legal regulation of the Institute for the Rights and Responsibilities of the Civil Agency's employees was carried out by the Civil Civil Service Charter. The third partition of the arch regulated the basic rights and obligations of civil servants (the Charter on the Civil Service for Definition from the Government).

The rights of civil servants in the Russian Empire can be conventionally divided into two large categories:

General rights of civil servants relating to the fulfillment of direct authority of the civil servant, for example, the right to the ranks; right to promote and rewards; the right to special criminal protection; the right to access information constituting a service secret; The right to familiarize with the materials of the case under consideration; making procedural decisions on relevant competence and others;

Special rights of civil servants related to ensuring the right to a decent life, material support.

The right to Chin in the system of rights of civil servants of the civilian department took a special place. Chin is a title, a special name assigned to officials and entailing certain legal consequences.

Famous pre-revolutionary lawyer V.V. Ivanovsky believed that the ranks provide civil servants certain advantages. First of all, this is a moral aspect. In addition, the estate advantages corresponding to the material benefits are closely related to it.

The employees of the Civil Agency were endowed with the right to ensure. It should be noted that employees had the right to occupy honorary places in official events. Moreover, the principle of hierarchy should be observed both directly serving and his wife, children. In case of violation of the specified rule, the person has been punished in the form of a more or less strict prosecution (Art. 442 of criminal and correctional punishment).

In exceptional cases, the procedure was operated when civilian officials were inferior to the military, if their ranks were equal.

As noted by T.I. Metuushevskaya, to the status rights should include the right to wear shaped clothing. Shaped clothing performed as aesthetic function, and noted the position, the rank of serving, as well as a department, where he carried out a service activity.

The ranks were given a privileged possibility of acquiring the highest state of the nobility.

It should be paid to the fact that the civil departments have possessed the authorities not only when entering the service, with its passage, but also when dismissing from office.

The employee had the right at any time to submit a resignation. At the same time, the authorities' authorities had no right to prevent dismissal or refuse it. Exceptions constituted cases when the employee was obliged to serve a certain service life due to the fact that it was previously educated at the expense of public funds (Article 377 of the service charter). The petition about the dismissal was prepared for the highest name (Art. 1236 of the service charter).

Moreover, the employee who submitted a resignation could ask for increasing ranks. For example, a Stat adviser whose service life exceeded 5 years in a particular rank, had the right to award the following (Art. 1241 of the Service Charter). However, it was impossible to use this law if the employee applied to the appointment of his pension and had no positive characteristics of his immediate leadership. The positive point was that after the dismissal, the person kept all his rights and ranks (Art. 960 of the service charter).

According to T.I. Metuushevskaya, on its legal nature, the duties are the functions imposed on civil servants in order to directly execute or ensure the powers of the relevant state authority.

As Ovsynko D.M. is rightly noted, the civil servants are "plenty of special duties." Thus emphasizes the importance of employees' duties, their specific legal nature.

We draw attention to the fact that the service charter contained special criteria, personal qualities that employees had to have, for example:

a) sound reason;

b) kind will in relation to the charged;

c) humanity;

d) loyalty to the service of Imperial Majesty;

e) diligence to general good;

e) the position of office;

g) honesty, selflessness, abstinence from improper benefit, etc.

An analysis of the specified list allows us to conclude that, in fact, they were solely moral, there was no legal content of these moral, moral requirements. It seems that these requirements reflect the desire of legislators to form a qualitatively new official apparatus, which, of course, deserves a positive assessment. However, it was extremely small to establish the "requirements" data. There was no proportionate system of monetary content, which created the soil for the occurrence of conflict of interest, the institution of legal responsibility of civil servants was imperfest.

In legal literature, in the presence of a sufficient number of works devoted to the study of the Institute of Public Service, not a positive assessment of the state of legality in the system of public service. Obolonsky A.V. Notes: "In the main mass of these or burned bribes, cynics and thieves, or insignificance."

All this indicates an insufficiently high level of morality and legality in the public service in the Russian Empire. "The government must necessarily maintain morality, without that it is useless and can not have any power over the hearts. The laws should be the replenishment and proof of morality, withdrawn by upbringing. "

The presence of higher education is another responsibility of the civil servant. As noted earlier, the introduction of educational qualifications made it possible to ensure the fullness of educational institutions, as well as the possibility of career growth of officials.

Having received a higher education at the University, the Institute or School, the employee was applied for an additional duty - was to serve in the civil service a certain period according to the norm of Art. 223 Service Charter.

An important factor was that when promoting the service was taken into account, the progress of employees in institutions of higher education was taken into account, which, in our opinion, provided an additional stimulation of conscientious training of future officials. It should be noted that the most successful graduates in the teaching were obtained rank 9. After examining the report of the Ministry of Justice for 1844, we draw attention to the fact that the Imperial School of Justice graduated from 251 graduates, of which 21 were issued with the following rights to occupy grade 9 - 9 people, 12 classes - 12 people. The prevailing part of the graduates of the Imperial School of Law, held the positions of the civil authorities in the Governing Senate and the Ministry of Justice.

In our opinion, this practice deserved a positive assessment, as it provided the subsequent employment of graduates, the authorities received qualified specialists who, in turn, received a fairly good bonus in the form of a career ladder from a higher class.

Among other duties of civil servants of the Civil Agencies appeared: the obligation to fulfill their duties in good faith, according to the oath; know and comply with existing laws; refrain from committing unlawful acts, as well as any inappropriate benefit (refrain from bribes) in accordance with Art. 1189, 1190 service charter.

The obligation not to disclose the Secrets with state or other law protected by law is another responsibility of civil servants in the Russian Empire.

Responsibilities to respect their bosses Corresponding to the authorities refer to their subordinates without cruelty, decently.

Thus, the charter of the service established only the overall responsibilities of the civil authorities, by analogy, as with the rights of employees. Specific features were reflected in individual acts (subtitle or departmental).

Some authors fairly believe that the cause of insufficient effectiveness of the public administration system in the Russian Empire was the lack of a balance between the complex of rights and obligations of employees, the norms simply did not pay due attention to the specified issue.

So, employees of individual posts were endowed with broad powers and disproportionately with small responsibilities and vice versa. In practice, the implementation of the principle of good faith, as a key conceptual principle.

From the point of view of E.V. Okhotsk, good faith - interested, informal attitude to the case to which the face is served. Metuushevskaya T.I. It notes that the law demanded from civil servants in good faith fulfillment of their official duties, but the economic basis was formed to stimulate the legitimate behavior of officials through the institution of promotion. However, one incentives were not enough, the side of the material support left much to be desired.

Based on the above, we note that the legal institution of the rights and obligations of civil servants in the 19th century underwent significant changes. In essence, a qualitatively new legal basis for the status of civil servants was formed. The norms in the Charter "On Civil Service" identified the basic rights and obligations of civil servants. At the same time, the special rights and obligations of the employees were established in departmental, local and regulatory acts.

They differed in more detailed study of the right of serving and pension provision. The concept of complete material support of officials by the state at the legislative level was successfully established, but in practice the custom of "feeding" was actively implemented. The legislative framework of the pension provision was established within the framework of the concept of a conscientious multi-year service to the state, according to which pension guarantees were distributed depending on the length of service and, moreover, could be distributed to members of the employee's family, if the latter died.

The positive innovation was the establishment of an educational cencing, which makes it possible to say about the desire of legislators to get away from the previous system of forming the official apparatus, taking a course on highly educated specialists who have been trained in special higher educational institutions, thereby ensuring the possibility of forming a qualitatively new personnel composition officials.

List of used literature

1. Metuushevskaya T.I. Legal status The civil servant in Russia in the XVIII - the first half of the XIX centuries. // diss. ... Cand. jurid Sciences, M., 2007. S. 115.

2. PSZ. T. XXX. № 23559.

3. PSZ. T. XXX. № 23771.

5. PSS. T. xxxvii. № 20597.

6. Ivanovsky V.V. Russian government law. T. 1. Supreme Power and its types. Kazan, 1895. P. 596.

7. Metuushevskaya T.I. Yukaz. cit. P. 119.

8. The nobility was a closed caste with a number of privileges. Regulatory regulation was carried out by the humble diploma of 1785, establishing the right of the primary justice, the right of wholesale of everything, the right to own factories, plants, exemption from the supply, duties, corporal punishment, etc.

9. Metuushevskaya T.I. Decree. cit. P. 132.

10. Ovsyanko D.M. State Service of the Russian Federation: studies. benefit. 3rd ed., Pererab. and add. M.: Lawyer, 2005. S. 201.

11. Obolonsky A.V. Russian officials and problems of its reform // Constitutional Law: Eastern European Review. 2000. No. 4. P. 168.

12. Vinexian G.V. My time. St. Petersburg., 1914. S. 19.

13. Report of the Ministry of Justice for 1844 SPB., 1845. P. 63.

14. Okhotsky E.V. Legal status of a civil servant in the Russian Federation // State and Law. 2003. No. 9. P. 21.

15. Metuushevskaya T.I. Yukaz. cit. Pp. 135.

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1 Ministry of Agriculture of the Russian Federation Federal State Budgetary Educational Institution of Higher Education "Kuban State Agrarian University named after I.T. Trubillina "on the rights of manuscripts Anastasia Sergeevna Law (status) of state civil servants in the Russian Empire (early XIX century 1917) Specialty: theory and history of law and state; History of the exercises on the right and state thesis on the degree of candidate of law Sciences supervisor - Doctor of Law, Professor, Honored Worker of Science of the Russian Federation L.P. Story Krasnodar 2017.

2 2 Table of contents p. Introduction ... 3 Chapter 1. Legal Nature Institute of State Service Theoretical and Legal Fundamentals Institute of State Services The main stages of the formation and development of the Institute of Public Service in the Russian State CHAPTER 2. The legal content of the legal status (status) of civil servants of the civil authority on the legislation of the Russian Empire in XIX century early 1917, the rights and obligations of civil servants of the Civil Agencies The system of guarantees, promotions, restrictions and prohibitions as elements of the legal status (status) of civil servants of the Civil Defense Institute of Legal Responsibility of Government Services of the Civil Agency as a conceptual basis for the fight against bribery and leaning in public service. .110 Conclusion Bibliographic List of Literature

3 3 Introduction Relevance of the topic of research. Currently, the Institute of State Civil Service of the Russian Federation, being a key element of the public administration system, is located at the next stage of reform, which is complicated by externally political and socio-economic circumstances. In order to achieve a qualitatively new level of reforming the Institute of State Civil Service of the Russian Federation, weighted improvement of legislation, definition possible paths Such improvement, including through the optimization of personnel composition, both at the federal level and at the level of the constituent entities of the Russian Federation, paying particular attention to the regulatory support of the legal status (status) of state civil servants. The achievement of these goals will be possible subject to the study of the historical experience of legislative regulation of the legal status (status) of state civil servants in the Russian Empire, which includes a totality of rights, duties, guarantees, restrictions, prohibitions, legal responsibility. Studying practice regulatory support The legal status (status) of state civil servants in the Russian Empire has today both theoretical and practical significance in the context of a complex financial and economic situation, in connection with which the President of the Russian Federation V.V. Putin was tasked with the optimization of the personnel of the subjects of public administration, including to ensure their debugged internal work, improving the management of the personnel of the civil service of the Russian Federation and improving the quality of its formation 1. 1 See: the main directions of the development of the state civil service of the Russian Federations for years: Decree of the President of the Russian Federation of August 11, 2016 403 // Meeting of the legislation of the Russian Federation

4 4 In this regard, it seems timely, relevant, scientifically and socially significant study of the peculiarities of the legal status (status) of civil servants of the civil authorities in the Russian Empire in the XIX century, since it was precisely this stage of development of the Institute of Public State Service in many respects When developing approaches and started starts, the Institute of Public Service both in Soviet and modern Russia. In addition, the time period studied was the stage of global reforms, accompanied by the active improvement of the legal system. Chronological framework frameworks are limited to the period from 1802 to 1917. The definition of the initial date of the study is caused by the reforms of Alexander I in the field of public administration, active streamlining legislation on public service, the issuance of decrees determining the status of civil servants 1, the formation of legislation on the basis of incorporation (a complete meeting of the laws of the Russian Empire), the consolidation of its individual parts ( The laws of the Russian Empire), the planned codification of individual legal sectors, as a result of which the "Civil Consumer Study Charters" was prepared in the history of the Russian state and Europe. The final date of the study correlates with the termination of the existence of the monarchy in Russia and the abolition of a previously active system of regulatory legal acts. The object of research is public relations related to the sphere of public administration in the Russian Empire at the beginning of the XIX century. The subject of the research is the Institute of Public Service in the Russian Empire at the beginning of the XIX century, its legal Nature, legal mechanism for regulating the status of state civil servants. 1 See, for example: about the unable to Senate by anyone, before driving a legal age: Decree Alexander I dated June 2, 1808 // PSZ. - t; About the reversion to bring gifts to the chiefs of provinces and other officials: Decree of the Senate of March 10, 1812 // PSZ. - T.

5 5 The methodological basis of the study is the methods of studying state-legal phenomena and processes. The principle of historicism is used, the purpose of which is a comprehensive, consistent analysis of specific historical events. The study uses methods: dialectical, logical, comparative law, systemic, structural function, statistical, prognostic, formal legal. The source base of the study is the sources that seem to be able to divide into five subgroups that differ from each other in content, sources of origin, as well as legal nature. The first group includes an array of legislative acts, monuments of domestic law, which created the foundation for the formation and development of the Institute of State Civil Service, for example, the Civil Agency for the Civil Service, "Charter on Civil Service for Definition from Government", Decree "On the schedule of civil service posts By classes, from XIV to V inclusive, "decree" On the non-recognition of the right of valid service for honorary court positions ", Decree" On the School Device ", the Clarification on the punishments of criminal and corrective, the charter of criminal proceedings. Documents united in the full meeting of the laws of the Russian Empire are largely scientific and historical value. The second group of the source base of the study consists of their materials of the judicial practice of the Criminal Cassation Department of the Governing Senate, which were devoted to controversial issues relating to the official activities of officials of the Civil Agency, including the uniform application of legal responsibility measures by the officials of the civil authorities and the courts. The third group of the source base of the study is the texts of draft laws prepared as part of the phased reform of the Institute of Public Services. Their detailed analysis allows you to determine the main stages of the formation and development of approaches, the concepts of improving the Institute of Public Service and, in particular, the Institute of State Civil Service. In the Russian Empire in the XIX century of the development of M.M. Speransky, P.O. Bobrovsky were devoted to the issues of

6 6 Improvement of the Institute of Public Service both from the position of the domestic experience of legal regulation and taking into account the experience of regulatory consolidation of leading countries of Europe. The fourth group consists of reports of the Ministry of Justice, which contain consolidated data on bringing to the responsibility of civil servants of civilian departments. This information provides an opportunity to evaluate the effectiveness of the state apparatus in the prevention of official offenses and the fight against them. In a special group, you can combine the materials of periodic printing, comments, encyclopedic dictionaries. Sufficient value represent memoirs, notes of contemporaries 1, whose direct activity was associated with civilian authorities. The basis of an unpublished source base was the archival materials of the Foundations of the Russian State Historical Archive (F. "Committee of Ministers Annex to the Ministerial Committee magazine for May 1847." Part III, d. 1869; F. "Committee of Ministers Annex to the Ministerial Committee magazine for May 1847 G. »Part III, d. 1861; F." Committee of Ministers ", d. 1776), State Archive of the Russian Federation (F. III" On the case of the Governor of the Pskov province G.M. Bartholomew ", separate, 1 expl. , 1845, d. 95), Department of Manuscripts of the State Public Library (F. M.P. Veselovsky, F-Gu, 861). The study was carried out with the involvement of a significant amount of both modern regulatory legal acts and regulatory-historical material of the Russian Empire, which allows us to form a fairly complete idea of \u200b\u200bthe formation and development of the legal status (status) of state civil servants in the XIX century, to determine the problems of legal regulation, requiring additional analysis, as well as the advantages that can be 1 Zyrostny, A.S. A letter of an experienced official of the forties with the youngest fellow coming to the service // Russian Starina T. 100; Lunin, M.S. Works in letters. GH., 1923; Vigel, F.F. Notes: - Ch. 3. M.: Russian Archive, University. a type., ; Vintsky, G.V. My time. St. Petersburg., 1914.

7 7 Use when reforming the Institute of State Civil Service Currently. The purpose of the study is to analyze the emergence of the legal status (status) of state civil servants in the XIX beginning of the 20th century, on the basis of studying regulatory legal acts, empirical material, documents, theoretic and legal and legal scientific research. To achieve this goal, the following tasks are defined in the study: - to analyze theoretical and legal issues of the development of the Institute of State Civil Service in the Russian Empire; - to determine in the appropriate historical and legal context, the content of the categories of law: "The legal status (status) of civil servants of the Civil Agency", "Responsibilities of civil servants of the Civil Agency", "Institute of Legal Responsibility of Government Services of the Civil Agency"; - to explore the meaningful aspect of the formation and development of the institution of civil service in the Russian state; - to explore the state of legal regulation of the status of civil servants in the Russian Empire; - to determine the conceptual directions of production of mechanisms for the legal regulation of elements of the legal status of civil servants of the civilian agency, the regulation of their public rights and obligations, restrictions, prohibitions, responsibility; - to explore the effectiveness of the use of the measures of the institution of legal responsibility of civil servants in the Russian Empire. The degree of scientific development of the problem. It should be noted that the research of the legal status (status) of civil servants is not paid not enough attention, despite their importance.

8 8 The attention of the pre-revolutionary authors was concentrated on the history and work of the central institutions of Russia: Senate 1, Supreme Secretary Council and Cabinet 2, State Council 3, Local Governance Institute 4. The authors analyzed the organization of the work of these institutions (their personnel composition, the order of official activities of officials, their control powers). In the works of N.M. Corkuno 5, N.K. Nelidov 6, V.O. Klyuchevsky 7, A.D. Gradovsky 8, N.I. Lazarevsky 9, V.V. Ivanovsky 10 and others investigated individual aspects of legal advice to the status of officials of the civilian department. At the same time, the prevailing part of scientific papers was devoted to either questions of the responsibility of officials, or questions of their emphasis. There were no works exploring the status of officials from the position of its integrated nature. Special attention deserves the work of "Russian state law", the author of which is V.V. Ivanovsky 11. In the specified study, for the first time in the history of the Russian legal science, the Institute of State Publication, 1 Philippov, A.N. History of the Senate on the Board of the Supreme Secret Council and Cabinet. Yuriev. 1895; Golitsyn, P. The first century of the Senate. St. Petersburg, 1910; "History of the Governing Senate for two hundred years.", T St. Petersburg., 1911; Veretennikov, V.I. Essays of the history of the general prosecutor's office in Russia of daefourininsky time. Kharkov, Vyazemsky, B.L. Supreme Secret Council. St. Petersburg, Danevsky, P.N. History of Education of the State Council in Russia. St. Petersburg, 1859; Shcheglov, V.G. State Council in the reign of Alexander I. Yaroslavl, Andreevsky, I. About the governors, voi and governors. St. Petersburg, 1864; Morrok-Drozdovsky, P.N. Regional management of Russia in the XVIII century. M., 1876; Blinov, B. Governors. Historical and legal essay. St. Petersburg, Korkunov, N.M. Russian government law: in 2 T. 6th ed. St. Petersburg, 1908; Korkunov, N.M. Russian government law. T. II. C. Special, Edition Sixth, St. Petersburg, Nelidov, N.K. Legal and political foundations of civil service. Yaroslavl, Klyuchevsky, V.O. Boyarskaya Duma Ancient Russia. M., Gradovsky, A.D. The highest administration of Russia of the XVIII century and prosecutors. St. Petersburg, 1866; Gradovsky, A.D. The starts of Russian state law: at 2 t. / M.: Merzalo Publishing House, 2006; Gradovsky, A.D. The start of Russian state law // COLD. cit. St. Petersburg, Lazarevsky, N.I. Lectures on Russian pre-revolutionary law. T. 2. Administrative law. Part 1. Controls. SPB: Type. ac. Society. Word, 1910; Lazarevsky, N.I. Responsibility for damages caused by officials. St. Petersburg, 1905; Lazarevsky, N.I. Tradition of officials to the court / N.I. Lazarevsky // Right Ivanovsky, V.V. Russian state law. T. 1. Supreme Power and its types. Kazan, there.

9 9th service is highlighted as separate, independent part of public law. In the post-revolutionary period (in the 20s of the 20th century), the problems of reforming the Institute of Public Secondary Service and this component, as civil servants, were not analyzed in the literature. In some works M. Olminskog 1, M.V. Dovanar-Zapolsky 2 Attempts were made to investigate the legal nature of the public service institution. The Soviet period of domestic historiography was not characterized by the abundance of scientific works devoted to the reform of the Institute of Public Public Service. Only in the years of the twentieth century in some works N.P. Yeroskina 3, N.F. Demidova 4, S.M. Troitsky 5, A.V. Obolonsky 6, I.N. Pakhomova 7, V.A. Vorobyva 8 were investigated the main directions of development soviet system civil service and legal status of officials. With the adoption of the Constitution of the Russian Federation of 1993, the origin of the new scientific direction devoted to the study of the Institute of Public Public Service was established. In numerous scientific articles, monographs, dissertation studies, attempts were made to form various vision of the reform of the Institute of Public Service 9. At the same time, only in some works of representatives of 1 Olminsky, M. State, bureaucracy and absolutism in the history of Russia. M., Dovanar-Zapolsky, M.V. Administration and Court at Nicolae I. Baku, Eroshkin, N.P. The history of state institutions of pre-revolutionary Russia. M., Demidova, N.F. Server bureaucracy in Russia of the XVIII century and its role in the formation of absolutism. M., Troitsky, S.M. Russian absolutism and nobility in the XVIII century. M., Obolonsky, A.V. Man and state administration. M., Pakhomov, I.N. Soviet public service (concept and basic principles). Kiev, Vorobev, B.A. Soviet public service (administrative and legal aspects). Rostov-on-Don, Manokhin, V.M. Service and employee in the Russian Federation: legal regulation. M., 1997; Atamanchuk, G.V. Public service entity: history, theory, law, practice: monograph. M., 2003; Grishkovets, A.A. State Service I. civil society: Legal problems of interaction (practice of Russia) / A.A. Grishkovets // State and Law with; Kozbanenko, V.A. Structural and species features of the civil service of the Russian Federation / V.A. Kozbanenko // State and Law P. 37 -

10 10 scientific doctrine studied the historical experience of legal regulation of civil servants status. Among such works, the dissertation study of "Bureaucracy in the Russian State: Historical and Theoretical Aspect" A.A. Votorova 1, in which the analysis of the legal support of the work of the office apparatus in pre-revolutionary Russia is up to February 1917. In modern domestic legal literature, issues of legislative regulation of the status of officials in the pre-revolutionary period are not sufficiently studied. In a number of dissertation research, only some aspects of the regulatory provision of the legal status (status) of officials of the civil authorities in the Russian Empire are analyzed, while some works are strictly limited by the time framework, in others there are certain elements of the legal status (status) of civil servants of the Civil Agency 2. It deemed special attention to such works as dissertation research D.B. Minnigulova: "Administrative and legal status of state civil servants and problems of its implementation" 3; T.I. Metuushevskaya: "Legal status of the state state; Buravlev, Yu.M. Problems of reforming and managing system of public service in Russia / Yu.M. Buravlev // State and Law with; Problems of the legal liability of the state, its bodies and employees: the round table of the magazine "States and the Law" (L.A. Morozova prepared) // State and Law with; 4. - C; Reforming the system of state and municipal management in the Russian Federation / Ed. VB Slatinova. Kursk, Collars, A.A. Bureaucracy in the Russian state: historicality aspect: author. diss .... dock. jurid Sciences / Collars Andrey Alekseevich. - Saratov, Yurkin, N.G. Order managers of the XVI XVII centuries: Level of Education and Moral Differs: DISS. Cand. East. Sciences / Yurkin Nikolai Georgievich. - Ivanovo, 2002; Levin, L.Z. ChinOperation in Russia XV early XX century (Historical and Legal Aspects): DISS. Cand. jurid Sciences / Levin Lev Zalmanovich. - St. Petersburg, 2004; Ochakovsky, V.A. The formation and development of the institution of legal responsibility of civil servants in pre-revolutionary Russia (beginning of the XVIII End of the XIX century): DISS. Cand. jurid Sciences / Ochakovsky Victor Aleksandrovich. - Krasnodar, Minnigulova, D.B. Administrative and legal status of state civil servants and problems of its implementation: DISS. Dokt. jurid Sciences: / Minnigulova Dinara Borisovna. - M., 2013.

11 11 of the gift serving in Russia in the XVIII of the first half of the XIX centuries. " one ; M.E. Volochkova: "Institute of State Civil Service of the Russian Empire" 2. in scientific research Yu.N. Starilova 3, V.D. Citizens 4, M.B. Dobrobaba 5, A.F. Nostraacheva 6, G.V. Atamacuka 7, I.N. Barcitsa 8, Yu.I. Verkotrov 9 analyzes the current legal regulation of the status of state civil servants, the effectiveness of its implementation, development prospects. Legal liability issues as an element of the legal status (status) of civil servants are devoted to the work of Yu.N. Starilova 10 and E.V. Okhotski 1. Academic administratives in their work, 1 methuushevskaya, T.I. Legal status of a civil servant in Russia in the XVIII of the first half of the XIX century: DISS. Cand. jurid Sciences / Metuushevskaya Tatyana Iosifovna. - M., Volochkova, M.E. Institute of State Civil Service of the Russian Empire: DISS. Cand. jurid Science / Volochkova Marina Evgenievna. M., Starilov, Yu.N. Service law: Textbook / Yu.N. Starilov. M., citizens, V.D. State Civil Service: Tutorial. M.: Publishing house "Jurkniga", 2007; Citizens, V.D. Subject and Functions of the State Service // State Service Dobrobaba, M.B. Administrative and legal status of civil servants of the constituent entities of the Russian Federation: DISS. Cand. jurid Science / Dobrobab Marina Borisovna. - Rostovna-Don, Nosdraachev, A.F. System Regulation administrative activities: Domestic Doctrine and Practice / A.F. Nostdrachev // Legislation and Economics; Nosdraachev, A.F. Transformation in the system of civil service in the context of administrative reform / A.F. Nostdrachev // Legislation and Economics; Nosdraachev, A.F. On improving the regulatory framework of the civil service and the need to monitor law enforcement practices in the field of civil service / A.F. Nostdrachev // Legislation and Economics Atamanchuk, G.V. Essence of the Public Service: History, Theory, Practice: Monograph. M., 2003; Atamanchuk, G.V. In search of truth / GV Atamanchuk // State Service Official Law (State Civil Service): Tutorial / Society. Ed. Barcitz I.N., hands. Auto Call. Ignatov V.G. MOSCOW: ICC MART, Rostov N / D: Publishing Center "March", Verkotrov, Yu.I. On the emergence and development of the institution of good production in pre-revolutionary Russia / Yu.I. Topper // Proceedings of the Kuban State Agrarian University with; Topper, Yu.I. From the history of the emergence and development of civil service management bodies in pre-revolutionary Russia / Yu.I. Topper // Proceedings of the Kuban State Agrarian University with Starilov, Yu.N. Official right: Tutorial. M.: Beck, 1996.

12 12 Libo noted that the responsibility of civil servants is a central element of their legal status. At the same time, the study of the legal status (status) of civil servants in the Russian Empire in most cases is limited, the regulatory material and separate materials Practice. In rare cases, the authors fragmentary analyzed the acts of higher courts, reports of specialized bodies of the state service on the state of legality in the field of government, are even less likely to analyze the archival information regarding the legal status of the status of civil servants in the Russian Empire. Scientific novelty of research and basic provisions endowed. The scientific novelty of the dissertation study lies in the fact that, taking into account new approaches, an attempt was made by a comprehensive study. regulatory position (status) of civil servants in the Russian Empire at the beginning of the XIX century of the 20th century, which earlier in the context of such a historical and legal period was not undertaken. In the course of the study by the author: - from the new positions, the analysis of the legal status (status) of state civil servants in the Russian Empire was carried out; - the regularities of the regulatory regulation of the status of civil servants in the Russian Empire are determined in a new way. In work for the first time: - the characteristic of the main directions of law-conducting policy in the field of public service in the Russian Empire at the beginning of the XIX century, the specifics of the content of regulatory legal acts are determined, regulating the regulatory framework of the legal status (status) of civil servants; 1 Okhotsky, E.V. Legal status of a civil servant of the Russian Federation / E.V. Okhotsky // State and Law

13 13 - Dana Characteristics of personnel support of the Institute of Public Service in the Russian Empire; - determined the mechanism for the implementation of anti-corruption policies in the civil service; - Details disclosed the content of the main elements of the legal status (status) of civil servants in the Russian Empire in the XIX century: public rights, duties, legitimate interests, guarantees, promotions, restrictions, prohibitions, legal liability; - The individual aspects of the official offenses of the relevant period are disclosed, the causes and conditions for their occurrence are determined. As a result of the study, the main provisions were developed, which are made by the author to defense: 1. The public service in the Russian Empire XIX of the beginning of the twentieth century is a special, comprehensive, public legal institution, which implements the regulatory regulation of the legal status of persons providing the implementation of government authorities, based on professionalism , competence and openness of activity. 2. The legal status (status) of civil servants in the Russian Empire XIX of the beginning of the twentieth century is an ordered set of public right, duties, guarantees, promotions, restrictions, prohibitions, legal responsibility. 3. In the Russian Empire, there was no legal definition of the term "state office". This circumstance indicates a low level of rule-making equipment. In addition, the lack of proper definitive support of the category of law created the situation of a double interpretation and, as a result, ambiguous use in practice. An example is the institution of compatibility in public service, the vicious practice of the implementation of which has repeatedly tried to stop. It is obvious that the partification, being prohibited at the regulatory level, had a negative impact on the state of legality in the field of public administration in the XIX beginning of the twentieth century.

14 14 4. Exploring the genesis of the Institute of Public Public Service It is proposed to allocate the following stages of its formation and development: 1) the formation and development of the Institute of Public Service in the Old Russian State and Moscow Rus; 2) the development of the Institute of Public Service in the Russian Empire; 3) the Soviet stage of the development of state-official relations (years); 4) Development of the Institute of Public Service in the post-Soviet period of the development of the Russian state (1993 to the present). 5. The most important foundation of the Institute of State Service of the Russian Pre-revolutionary State was the legal status (status) of the employee. The legislation contained separate gaps in the legal regulation of the status of civil servants of the Civil Agency. First of all, it was manifested in a not enough legislative technique of legal acts that establish the legal status (status) of employees. There was no legal definition of many central concepts applied in the legal regulation of the status of officials. A part of the elements of the legal status (status) was not sufficiently improved both at the normative level and at the level of practical application. Many norms were declarative in nature, there was no control over their implementation. 6. The regulatory institute of the rights and obligations of civil servants of the civilian department in the period under review underlined significant changes, in particular, a unified list of rights and responsibilities of civilian officials was developed, a system was established additional guarantees ensure their status. A qualitatively new regulatory framework of the legal status (status) of civil servants was formed. The charter "On the Civil Service" defines the basic rights and obligations of civil servants. At the same time, the special rights and obligations of the employees were established in departmental, local and other subtitle acts.

15 15. The developed system of awards for the bona fide service was one of the achievements of the legislation on the state civil service of the Russian Empire in the XIX beginning of the 20th century. The most common form of encouragement was the right to receive award. The awards were the following types: the highest favorabies; ranks; Order; lands comprehension; Gifts from the highest name; one-time cash issuance; the ranks of a personal or hereditary honorary citizen; medals; caftans; Offset in the actual public service time spent in private classes in government and public institutions; Representing the rights of state employees to persons with these rights not useful; Cases when conviction was not considered an obstacle to award-winning and other benefits; rental money; Supporting salary; appreciation of the authorities declared from the highest permit; The ranks of chamber meters and chamberunkers of the courtyard of his imperial majesty. The historical experience of the past can be used when introducing awards to the system of the civil service of Russia and in our time. In addition, based on the experience of pre-revolutionary legislators, it is advisable in the legal status (status) of the State Civil servant of the Russian Federation to consolidate his right to encourage. 8. The formed system of restrictions and prohibitions of civil servants of the Civil Agency did not allow officials to receive other positions in commercial organizations, combining them with their own. Obviously, such a legal position of lawmakers deserves a positive assessment. Currently, this ban found its interpretation in the norms of the Federal Law of July 27, 2004, 79-FZ "On the State Civil Service of the Russian Federation" at the beginning of the XIX century, crimes were identified with other types of illegal acts. Such a legal position in the second half of the XIX century was liquidated in connection with the second Russian newspaper of July.

16 16 of the judicial reform of 1864 and the publication of the charter of criminal proceedings, as a result of which were legally defined next species Legal responsibility applied to a civil servant for the civil authorities for committing unlawful acts in the performance of official duties: criminal, disciplinary, civilian. The theoretical significance of the study lies in the fact that the conclusions, the provisions made on the defense, the materials of judicial practice sufficiently ensure the development of historical and legal science of the period under study. Conclusions and suggestions contained in the thesis can be used in teaching the following courses: "The history of the state and law", "History of the Public Secondary Service", "Administrative Law", "Service Law", as well as with the further study of the problems of regulatory regulation of state employees. The practical significance of the study is that the analyzed materials may be of interest both directly for the federal civil servants of the Russian Federation and for state civil servants of the constituent entities of the Russian Federation, carrying out their official activities in accordance with the Federal Law of July 27, 2004 79-FZ "On the State Civil Service of the Russian Federation" in the context of the implementation of its powers. In addition, research materials can be used by federal legislative and executive bodies in order to improve regulatory frameworkproviding their work activities. The accuracy and validity of the research results are provided: - using scientific methods of cognition that allowed to achieve a qualitative coincidence of copyright results with individual data and conclusions published in scientific and other works carried out in the science of the theory and history of the state and law, as well as other sciences of the state-legal cycle. on the legal status (status) of state civil servants in the Russian Empire (at the beginning of the XIX century 1917);

17 17 - compliance with the author's position, recommendations and proposals for improving official legislation; - The empirical base of the study, expressed in the study of materials of the judicial practice of the pre-revolutionary period, archival data. Approbation scientific results. The main provisions of the dissertation study were tested at meetings of the Department of Theory and History of the State and Law of the Law Faculty of FSBEU in the Kuban State Angaric University named after I.T. Trubilina "and FGBOU to" Kuban State University "; implemented and used in the process of rule-making activities of the Legislative Assembly of the Krasnodar Territory (the act of implementation of February 6, 2017); Received lighting in the author's publications, in speeches at scientific conferences, as well as during the seminar and practical training in the framework of the teaching of the discipline "Theory of State and Law", "The History of the Domestic State and Law". The structure of the thesis is determined on the basis of the nature and specifics of the topic under study, the degree of scientific developing aspects considered in it. The thesis consists of administration, two chapters, including five paragraphs, conclusions, a list of sources used and literature, as well as applications.

18 18 Chapter 1. Legal Nature of the Institute of Public Service 1.1. The theoretical and legal foundations of the Public Service Institute Institute of Public Service occupies a special place among state-legal institutions. According to its legal nature, the public service as the Institute of Law is a comprehensive, complex-component legal phenomenon and has a close relationship with a number of branches of Russian law (constitutional law, administrative law, labor law). Taking into account this, in scientific literature, attempts have been repeatedly made to identify the definition of "Public Service". Sciences at different stages of development of state-of-party relations were affected by the understanding of the above concept. First of all, in our opinion, it is explained by this constant change in the content of the institution of public service at various time periods. In the explanatory dictionary of the Linguist V.I. Dalya under the term "service" is understood "to serve someone, what, to be suitable, useful; Be a tool, a means for a goal, to go into business, to work, be necessary, needed, by the will of your own services, serve help, service, serve "1. Ozhegov S.I. - Russian linguistic, lexicologist, lexicographer, researcher of the norms of the Russian literary language explains the lexical meaning of the term "service" through the word to serve - "do something, for someone who, fulfilling someone's will, orders, to send its activities to benefit Something "2. Sharing the opinion of A.N. Filippova 3, we note that the legal definition of "Public Service" is experiencing a constant influence of various 1 Dahl, V.I. Explanatory dictionary of the living Great Russian language: in 4 tons. St. Petersburg, Ozhegov, S.I., Swedova N.Yu. Explanatory dictionary of the Russian language: words and phraseological expressions / Russian Academy of Sciences. Institute of Russian Language. V.V. Vinogradov. 4th ed., Additional one. M.: Azbukovnik, Filippov, A.N. Russian law textbook. Yuriev, P. 412.

19 19 factors, primarily political, since in one or another time period, political conditions changed, as well as the content of the state service itself as a state-legal institution. In the pre-revolutionary period of development of the Russian state, representatives of the legal doctrine in different ways interpreted the terms "Service" and "Public Service". For example, N.M. Corkunov determined the civil service as "the right of disposal in a certain relation to power" 1. From the point of view of A.D. Gradovsky 2 Public service This legal attitude of the person who arises after it enters the appropriate position of the public service. Interpretation of the legal category "Public Service" from the point of view of V.F. Dryryzhinsky should be carried out through the term "management", i.e. As a set of differentiated areas of activity of state bodies aimed at solving problems and goals that are essential for them and characterizing the state as the Charger and Cultural Union 3. It is of particular interest to work V.V. Ivanovsky 4, in which it is rightly noted that the birth of the institution of civil service happened when the power lost the opportunity to actually and effectively implement power personally, independently, without resorting to the help of other persons. In such cases, the supreme power resorted to the need to search for persons capable of embodying her will and interests. Based on the content of the Institute of Public Service in the period from the end of the XVIII and to the end of the XIX century, V.V. Ivanovsky defined the civil service as a "Free Agreement, generating a unilateral public-commitmental attitude of a private person to the carrier of the Verkhovna Vlais-1 Korkunov, N.M. Russian government law: in 2 T. 6th ed. SPb., T. 1. With Gradovsky, A.D. The start of Russian state law // COLD. cit. SPb., T with Dryryzhsky, V.F. Police law. Petrograd with Ivanovsky, V.V. Russian government law. T. 1. Supreme Power and its types. Kazan, p. 561

20 20, in order to implement, as an authorized, the first will of the latter "1. We will pay attention to the fact that the above approach was new for domestic legislation and was established in the" humble diploma of the nobility "Catherine II in 1785. In this regard, the duty was abolished to serve. From this point on, the service has become voluntary. In this case, the approach of the legislator is of interest, in accordance with which the obligations in the contract are one-sided and inherent in a private person carrying out state-powerful powers. According to this approach, the state does not undertake any obligations, which is in a certain extent it goes into incision with legislative support Institute of civil servants. Since civil servants were provided with certain rights, guarantees, which indicates a corresponding bilateral connection between employees and the state 2. In the 70s of the XIX century, N. Nelidov understood the streamlined set of legal relations arising between the state body and persons acting as Agents 3. Using the author of the term "agents" dictated by the contractual, voluntary basis of official relations. We believe that a similar approach is somewhat unfortunate, because in its legal nature, official relations should be based on the method of submission, clear regulation of the behavior of participants in official relations. In this regard, we propose to replace the word "agents" with the words "persons replacing the position of civil service." It should be noted that in the XIX century, the legal regulation of state-party relations was somewhat changed compared to previous periods of the formation and development of state-party relations, which, as a result, led to the transformation of the concepts of legal nature 1 Ivanovsky, V.V. Russian government law. T. 1. Supreme Power and its types. Kazan, with see Read more: Atamanchuk, G.V. Public Service Entity: History, Theory, Practice: Monograph / M., 2003; T.G. Arkhipova, M.F. Rumyantseva, A.S. Senin / History of public service in Russia of the XVII XX centuries. / M., Nelidov, N. Legal and political foundations of civil service. Yaroslavl, P. 12.

21 21 of the Institute of Public Service. Such changes were caused by the introduction at the legislative level of educational cencing. At the time period, the leadership of the Russian Empire was made to improve the quality of government through the mandatory availability of higher education among officials. Moreover, the goal was to ensure constant replacing the personnel of civil servants, as well as the selection of persons applying for a particular position of civil service. His evolutionary development of the legal definition of "Public Service" continued in the twentieth century. Famous pre-revolutionary state scientist N.I. Lazarevsky rightly noted that the term "public service" is a comprehensive category and therefore includes two essential aspects. The first comes down to the fact that the primary source is the legal category "Position". Thus, the position of the official was to be in the list of public service posts. The second aspect was associated with the presence of a person's peripality when entering the civil service, i.e. The person should have been competent to occupy one position 1. In the Soviet period of the development of the domestic legal system (after the 1917 revolution), the study of the legal nature of the institute of the civil service was paid less attention 2. T.I. Metuushevskaya believes that this is explained by the "lack of its own legislation" on public service 3. In the development of the specified question B.M. Lazarev noted that the representatives of the scientific doctrine in the Soviet period preferred to reflect on whether the public service in the USSR is good than it differs from service in the bourgeois states »4. In the legal literature of the 90s of the twentieth century to sufficiently 1 Lazarevsky, .AND. Lectures in Russian state law. St. Petersburg, from Metuushevskaya, T.I. Legal status of a civil servant in Russia in the XVIII of the first half of the XIX century: DISS. Cand. jurid Sciences / Metuushevskaya Tatyana Iosifovna. - M., with there. 4 cm Read more: Lazarev B.M. Public service. M., p. 4.

22 22 Attention is paid to the study of the legal nature of the Institute of Public Service, including the study of the key, central concept of "public service". For example, in the works of D.N. Bakhrach 1, Yu.N. Starilova 2 and others paid special attention to the definition of the concept of "public service". Yu.N. Starilov determines the civil service as a special type of labor activities carried out on a professional basis by employees of state bodies in order to execute the tasks and functions of the state 3. Supporting this conceptual approach, we note that the advantage of this definition is, first of all, emphasising the features of the public service as a type of activity aimed at serving the interests of the state. In addition, in the study of Yu.N. Starlov "Public Service in the Russian Federation: Theoretical and Legal Regulation" is noted its special legal nature and a place in the system of state law as a separate set of legal prescriptions united to the Institute of Law. Other opinions adhered to D.N. Bakhra, offering to explore the concept of "public service" as a type of public utility activities, which is based on the principle of relevant (payability) and implements public administration in all spheres of society 4. Representatives of the modern scientific legal doctrine 5 in different ways investigate the legal nature of the concept of "public service " Conditionally, the opinions of scientists can be divided into two legal concepts: politics - 1 Bakhrah, D.N. Public Service: Basic Concepts, its components // State and Law with Starilov, Yu.N. Public service in the Russian Federation: legal regulation theoretical. M., ibid. 4 Bakhrah, D.N. Public Service: Basic Concepts, its components // State and Law with Ovsyanko, D.M. State Service of the Russian Federation: studies. benefit. 3rd ed., Pererab. and add. M.: Lawyer, 2005; Citizens, V.D. Subject and function of public service // Public service; Citizens, V.D. State Civil Service: Tutorial. M.: Publishing house "Jurkniga", 2007; Atamanchuk, G.V. In search of truth // Public service; Surmanidze, I.N. Posts and public service officials // Administrative law and process

23 23 whim and legal. Public service as professional activities to ensure the implementation of government agencies 1 - the position used in the characteristics of the political concept. Citizens V.D. Notes that the institution of civil service performs the function of administrative support to the political leadership of the country. Thus, the public service ensures the implementation of political tasks with the help of personnel, economic, organizational mechanisms 2. According to this approach, professionalism is a distinctive feature of official activity. In this regard, civil servants are endowed with a special administrative-legal status necessary to achieve state tasks. Presents the interest and second legal concept of civil service. Her supporter is Professor G.V. Atamanchuk 3. He believes that at present, the use of a political concept is impossible due to the fact that the current official legislation is clearly regulating the activities of the State Administration and ensures the weighted implementation of the interests of both the public authority and civil servants, by applying the latter special administrative legal status. Following the specified approach in the article "In Search of Truth" 4 G.V. Atamanchuk determines the following signs of the Institute of Public Service: - is a special legal institution that determines the procedure for the implementation of the goals and functions of the state; - is public; - its activity regulates the special set of rules of law; - Central component of the Institute of Public Service, is 1 citizens, V.D. Subject and function of public service // Public service with the same place. 3 Atamanchuk, G.V. In search of truth // State Service Public Service P. 39.

24 24 civil servants, i.e. Citizens of the Russian Federation, possessing special knowledge and others 1. Pay attention to the fact that in the scientific literature, the legal concept found supporters in the face of Yu.N. Starilova 2, D.M. Ovsyanko 3, A.V. Obolonsky 4 and others. Supporting the rational opinion of supporters of the legal concept of civil service, we note that it is necessary to continue the phased reform of the official activity based on the principles of planning, economic optimization of the cost of maintaining the state apparatus, the detailed regulation of the status of public administration entities, the formation of the public service management system. Modern official legislation gives the definition of civil service. The Federal Law No. 58 of the Federal Law "On the System of the State Service of the Russian Federation" was developed and adopted, which establishes that the State Service of the Russian Federation "Professional official activities of citizens of the Russian Federation to ensure the execution of authority: - of the Russian Federation; - federal government bodies, other federal state bodies; - constituent entities of the Russian Federation; - state authorities of the constituent entities of the Russian Federation, other state bodies of constituent entities of the Russian Federation; - persons substituting positions established by the Constitution of the Russian Federation, federal laws for the direct execution of powers of federal state bodies; - persons substituting posts established by constitutions, setting 1 methuushevskaya, T.I. Legal status of a civil servant in Russia in the XVIII of the first half of the XIX centuries. : DISS. Cand. jurid Sciences / T.I. Metuushevskaya, M., with Starilov, Yu.N. Official right. M., Ovsyanko, D.M. State Service of the Russian Federation: studies. benefit. 3rd ed., Pererab. and add. M.: Lawyer, with public service (integrated approach) // P. ed. A.V. Obolonsky - M., 2000.

25 25 by you, the laws of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies of the constituent entities of the Russian Federation "1. On the basis of the above, we define the following distinctive properties legal definition "Public Service": 1) is a comprehensive nature of the work activity, manifested in the fact that official relations are governed by the norms of various branches of Russian law (constitutional law, administrative law, labor law, criminal law, civil law); 2) is a public-legal institution expressing the right of the people as sole source state power on professional conduct of its public affairs in the interests of the entire population; 3) mediates public relations in a special sphere of public administration related to the continuous executive-sprinkler nature of the activities of the executive authorities on the organization and practical implementation of general regulations, federal legislation and regulatory legal acts of the constituent entities of the Russian Federation; 4) carries out the legal establishment of the status of persons providing the implementation of the powers of state bodies. This feature is reduced to the fact that the legal status (status) of civil servants is governed exclusively by the norms of administrative law, with the exception of cases when relations are settled by the norms of other branches of law (for example, when attracting a state civil servant to disciplinary or criminal liability). The status of civil servants is governed by both framework federal laws on specific types of civil service and legislative acts that establish the status of individual executive bodies (for example, Fed- 1 NW of the Russian Federation


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The state service of Russia began to develop as the statehood itself becomes. The formation of relatively independent administrative (hardware) power in Russia has happened quite a long time. It goes back to the XVI century, by the time of the reign of Ivan IV (1547-1584). By this time, the territory of the country acquired impressive sizes, and the population reached about 10 million people. Under these conditions, the management system designed for small princesses should have been given to the place of the new organization of power.

A sufficiently deep and thoughtful reform of the civil service is associated with the name and reign of Peter I. The modernity of young Peter I marked another milestone in the history of the formation and development of Russian statehood and civil service in particular. During this period, the public service undergo qualitatively new changes, there is a search for new, more efficient methods of work of civil servants, as well as more advanced forms of organizing a state-owned official apparatus.

Reforming public administration was inevitable. First of all, local control was elected.

For the transformations carried out, Peter I causes the nobility to serve as a state. The legal status of the nobility was substantially changed with the adoption of the Decree on the Union of Charter of 1714, which fastened the inheritance of the estate only for the eldest son. The rest of the children were forced to get a military or civil service and serve for salary.

For the reform of the public service in 1719, the preparation of the law on the procedure for passing civil service in the Russian Empire, which was a logical continuation of the Decree on the Union of Charter and, which was subsequently the name of the rank tabel (Appendix 1) approved by Peter I 24.01.1722. It is significant that the Tabel was established immediately for the proclamation in 1721 of the Russian Empire.

This document first allowed to create not only effective civil and military services, but also became a solid legal framework for all subsequent reforms in this area up to the revolution of 1917.

Training for new state apparatus has been carried out in special schools and academies in Russia and abroad. Education and special training becomes the most important factors for determining the qualifications of the official and the unacceptable condition for further promotion.

As noted by V.P. Melnikov, Peter reforms covered control from top to bottom, from the center to the distant outskirts. New administrative institutions thought on such principles that had to paralyze the harmful parties of the bureaucratic regime. First, the collegiality designed to ensure the rationality of solutions and the insurement from someone else of the subjective will. Secondly, the release of administrative bodies from judicial and financial functions, the imposition of these functions on special institutions, i.e., an attempt to divide the branches of power. Thirdly, the establishment of systematic controls for officials. Fourth, the introduction of fees for public service, the abolition of the practice of material content of officials by regions and cities.

In general, administrative reforms began the beginning of the XVIII century. In Russia, a system of higher and central governments, which was characterized by strict coenses, a uniform organizational device, had a new type of employees in the person of officials. The dominant principle in the relationship between state bodies was centralism. Higher organs and their officials were endowed with administrative powers, their orders were mandatory in the lower links.

The correction of legislation on state administration and civil service was continued in the second half of the XVIII century. Catherine II (1762-1796) and Paul I (1796-1801). The crown of the "Golden Age" of the Russian servant of the nobility was "grades for the rights, liberty and advantages of the noble Russian nobility" ("Chryannaya Grem"), published by Empress Catherine II in April 1785

At the beginning of the XIX century, as a result of a number of deep reforms, the Russian government system becomes clearer and branched, elements of legality are increasing. A system of vertical sectoral control bodies is being created - the ministries replace the college (1802). In Russia, a new Russian deliberative body is being created under the Emperor - the State Council.

Under Alexandra II, Zemskaya (1864), city (1870), judicial (1864) and a number of other reforms were carried out. As a result, all-class local governments were established - Zemstvo and urban governments. At the same time, the Zemskiy and city bodies were divided into administrative - collections of vowels, city duma; and executive - Zemstvo and city councils.

Conducting reforms under Alexander II, together with the improvement of the central management system, the old, serf device was to be adapted to new, bourgeois relations and were largely aimed at the preservation of traditional autocratic obstacles, strengthening them through the institutes of Governorship, the provincial and county government, city administrations and townships .

This inevitably led to an increase in the number of both civil servants of the central and local government system and officials arising from the fields of thesis and multi-component public administrations under their control.

Fate of reforms of the 60-70s. XIX century In the field of public and public administration, it turned out to be tragic under Alexander III, which undertaken by the Audit of Father's reforms, which covered the administrative, judicial, educational and other spheres and was also appreciated by contemporaries as "counterformation". This course was conducted under the motto "all troubles from reforms" and was aimed at protecting feudal statehood, approval of administrative arbitrariness, universal surveillance, mass prosecution of distemper, Russification of the outline management. As a result, the social base of managers was narrowed, and a whole system of measures to strengthen the influence of the autocratic power at all levels of state and especially public administration was prepared. Laws 80-90s. For the management, state and social services, the reforming "thaw" of the 60-70s was rolled out on the management, state and social services., Supported a reforming trend, reinforced the legislative feudalities of public administration, reduced the use of the electoral principle. In extensive, outskirts, often pre-reform institutions, colonial military-district, military governor and even main control, as well as bunch of counties remained.

Thus, one of the specific features of the formation of a layer of civil servants, the Russian bureaucracy in the XVIII century. It was that she had a pronounced status character: the majority of officials were nobles or became such as a result of civil service, to get along with the positions of a certain class, according to the "table of ranks", personal, and then an offacarious nobility.

The state service of pre-revolutionary Russia was eliminated by the decree of the DVI "On the destruction of classes and civilians" of November 11, 1917

Introduction.3-14 pp.

Chapter 1. Public service as a basis for pension provision in Russia of the XIX century.

1. State civil servants of the Russian Empire: the concept, classification. 15-29 pp.

2. Legal regulation of civil service in the Russian Empire. Legal status of officials. 30-40 pp.

3. The formation of pension provision in Russia.41-67 p.

Chapter 2. Conditions for the appointment of pensions, types and forms of pension provision of civil servants in Russia in the XIX century.

1. Wides of pension provision of a civil servant, enshrined in the legislation of Russia XIX century. 68-90 pp.

2. Decree with the money of the Emerital Office in Russia of the XIX century (on the example of the Emerital cash register of mining engineers) .91-97 pp.

3. Document management and reporting in the emeretical cash desks of the XIX century (on the example of the Emerital cash register of mining engineers) .98-109Tr.

4. Special conditions Appointments of pensions and one-time benefits of clergymen and psalners of the Diocesan Office.110-122.

Chapter 3. Other types of social benefits related to pension provision.

1. Rights of the family of the Russian official of the XIX century on Emerital pensions and benefits.123-134 pp.

2. A comparative analysis of payments to successors (relatives) of the deceased person of pension savings in the Russian Empire of the XIX century and the Russian Federation.135-150 p.

3. A comparative analysis of the basic provisions of acts on pension provision of civil servants acting by the end of the XIX century in leading foreign countries. 151-156 pp.

Recommended list of dissertations in the specialty "Theory and History of Law and State; History of the teachings on the right and state ", 12.00.01 CIFRA VAC

  • Features of the development of pension funds in Russia in the XVII - XIX centuries. 2010, Candidate of Law Sciences Baranova, Elena Anatolyevna

  • The history of the pension of Russians for 1827-1917. 2011, Candidate of Historical Sciences Kulchittsky, Alexey Vladimirovich

  • Administrative and legal organization of the management of a system of pension provision of state civil servants in the Russian Federation 2007, Candidate of Law Sciences Frolina, Tatiana Valerievna

  • Pension provision of state civil servants in Russia: legal issues 2007, Candidate of Law Sciences Fomina, Svetlana Vyacheslavovna

  • Trends in the development of the Russian pension system 2013, Doctor of Economics Ermakov, Dmitry Nikolaevich

The dissertation (part of the author's abstract) on the topic "The formation and development of pension legislation on civil servants of the Russian Empire XIX - early XX centuries."

Russian Federation - social statewhose policy is aimed at creating conditions that ensure a decent life and free human development.

The work and health of people is protected in the Russian Federation, the guaranteed minimum wage is established, government support for family, motherhood, paternity and childhood, disabled people and senior citizens is provided, social services system develops, state pensions, benefits and other guarantees of social protection are established.

The history of the latter and is the object of this study, since the success of modern pension reform largely depends on the creative understanding and use of domestic experience in the legislative regulation of the pension system.

The transition to new socio-economic relations made a number of issues related to social security, including fundamental changes in pension legislation began. The first attempt to start pension reform in Russia can be dated August 7, 1995, when the decision of the Government of the Russian Federation "On measures to implement the concept of the reform of the pension system in the Russian Federation" was published. The concept of reform in general terms meant the three-level system. Part of the scheduled activities of reform was implemented. In particular, a personal accounting program was launched. But the accumulative mechanisms have not been introduced. The reason was rooted in the extreme inertness of the coordination process between interested state structures at the stage of selecting specific mechanisms.

See: 1.2 Art.7. Constitution of the Russian Federation. 12.12.1993 M.2004.

2 cm.: Decree of the Government of the Russian Federation of August 7, 1995 N 790 "On measures to implement the concept of reform of the pension system in the Russian Federation" (as amended from 05/30/1997)

In the first half of 1997, a new "concept of pension reform" was prepared, which caused a rapid discussion, but L was not officially approved.

The debate around the pension reform at the government level led to the appearance in May 1998. The new government concept, less radical compared to previous, with more cautious and long implementation of the new principles. This concept also did not have specifically prescribed mechanisms, fell for the period of governments (Kiriyenko - Primakov - Stepashin - Putin) and Zabuxoval 4

The third attempt was launched during the development of a new government program in 2000. The so-called "Gref program" had a special section dedicated to pension reform and mechanisms for the introduction of cumulative principles (curator - Mikhail Dmitriev) .5

In October 2000 At a meeting of the Government of the Russian Federation, these principles were approved and began to acquire the first specific outlines (the deadlines of the transition period, the amount of deductions, etc.). 6

February 7, 2001 In the Kremlin, a meeting was held under the chairmanship of the President of Russia, dedicated to reforming the Pension System of the Russian Federation, which became essentially the actual starting point for the preparatory phase of the reform.

The reform of the pension system continues at the moment. Not everything goes so smooth, as it would like. At different stages of reform, modern Russia faces numerous

3 See: Machulskaya E.E. Pension reform: Start of implementation, "Legislation", N 1, 1997.

4 See: Nazarov A.C. Pension reform: Legal aspects. "Citizen and Law", N 10, 11, October, November 2001

5 See: Kolsanova E.B., to the question of reforming the pension system of the Russian Federation "Citizen and Law", No. 1, July 2000

7 See: Pension reform: Top view (Interview with V.I. Vyunitsky, Advisor to the Chairman of the Board Pension Fund RF) ("Personnel Business", N 4, April 2004) unforeseen difficulties, overcoming which is impossible without taking into account the historical experience of pension provision. If you contact the past of our great power, then we can learn a lot interesting factswhich, subject to complex and targeted study, can significantly facilitate the most complex tasks facing the modern retirement system.

The above circumstances and determine the relevance of the topic of this study, faced primarily to the historical heritage of the Russian legal thought, commemorative and law enforcement practice in the field of social protection and pension provision of certain categories of the population. The effectiveness of the functioning of legal norms regulating relations on pension provision depends on the records of a number of socio-economic and political factors, analyze which the historical and legal science as a whole and this dissertation study, in particular, is designed to a certain extent.

Also relevant from the point of view of scientific research is a historical and genetic approach to the consideration of tasks assigned in the dissertation work. In essence, in this aspect, it is innovation, since with the help of the above method until now the analysis of the legislation of the Russian Empire on pension provision was not carried out.

The degree of development of the problem.

By virtue of all sorts of circumstances, and primarily significant in their results of state-legal reforms, the period of the XIX century. In Russia, became the subject of terrible historians; Scientific, popular science, educational and journalistic literature devoted to him is enormous and, in itself, is worthy of becoming a subject of a separate historiographic study. However, the topic of pension legislation of the XIX - early XX centuries. Until now, it remained without proper attention and analysis in domestic historical and legal science.

The historiography of the Russian history of the XIX century. Characterized by another property. The study and understanding of the problems of the specified period under recently predetermined not only by scientific circumstances (analysis of documentary heritage, archival and regulatory sources, etc.), but also a high degree of ideological and political academic surgery. Therefore, the state and principles of scientific approaches to the study of problems are more often predetermined by their ideological vision. The tasks of modern legal science determine the need for their update.

It should be noted that directly the question of the status of a civil servant, or, as they call, "official", were engaged in various epochs such scientists as: D.N. Bantysh-Kamensky, Q

A.F. Nosdrachev, A.B. Obolonsky, Yu.N. Starilov, M.M.Peransky and many others. On the subject of public service, several dissertation works, both historians and lawyers, are defended .9

I would like to pay attention to the lack of due interest in the issues of the history of the civil service during the existence of the USSR, which is confirmed by the lack of scientific work on the history of the development of civil service in Russia as before the 1917 revolution and after it. In foreign western literature, on the contrary, it is possible to detect a very thorough analysis of issues of the history of the development of civil service in Russia.10

8cm: Bantysh-Kamensky D.N. The historic meeting of the cavalier lists of the four Russian imperial orders. - St. Petersburg. 1814; Nosdrachev A.F. Public service. M., 1999; Obolonsky A.B. Public service. M., 1999; Starilov Yu.B. Public service in the Russian Federation: reform directions and the concept of a special course program. Voronezh, 1995; Speransky M.M. Review of historical information on the progress of laws. St. Petersburg, 1832, etc.

9 See: Kozhevnikova G.V. Reorganization of the management of the Russian Army on the eve of the First World War. Diss. Cand. East. science M., 2000; Stolyarova E.V. The legislation of the Russian Empire of the second half of the XIX - in the first time of the XX centuries. about civilian civil service. Diss. Cand. JUR. science Yekaterinburg, 1998, etc.

10 See: Bilinsky A. Der Sowietische Öffentlicliche Dienst Vor Dem HinterGrund Des Deutschen Beamtenrechts // Row. 1981. S. 41. FF; Kaysers H. H. Der Öffentliche Dienst in der DDR. Historische Entwicklung Und Geltendes Recht, RIA. 1971. S. 144: Jaskiewicz W. Allgemeines Gutachten Zu Besonderen Fragen Des öffentliclichen Dienstes in Den

However, despite the fact that the question of the status of a civil servant, both in the pre-revolutionary period, and is currently to be understood as highlighted, such a legally significant aspect as the legislation on the pension provision of officialhood remains almost unexplored.

This "gap" is most likely due to the fact that in the XIX century. The system of Russian law did not provide a pension, social or labor law as an independent industry, and the norms of pension law were attributed to the institutions of state law. In their works I.E. Andreevsky, A.D. Gradovsky, N.M. Korkunov, k.d. Digamel, S. Haplev11 et al. Did not conduct a special study of pension legislation, and focused on the problems of the practical application of the Code of Laws of the Russian Empire as a whole. Comments of these outstanding lawyers were aimed, above all, to improve law enforcement.

Specific information on pension provision of civil servants of the XIX century. It is mainly found in the works of scientists - not lawyers of that time. Such work as "theory and practice of pension

1 2 CASS »Master Mathematics Maleshiewski B.F. undoubtedly contains useful information On the activities of the Pension Cass, but Sozialistischen Staaten // Studienkommission Fur Die Reform Des öffentlichen Dienstrechts. BD. 3, Recht und System des Öffentlichen Dienstes (Osterreich, Sozialistische Staaten, Jugoslawien, Polen, Ungarn) / HRSG. J. H. Kaiser, F. Mayer, S. H. ULE. 1973. S. 65 (67 FF); LUCHTERHANDT O. ZUR KLASSIFIZIERUNG UND RECHTSSTELLUMNG DER SOWJETISCHEN STAATISNEENSYSTEN 33 // EINPARTEENSYSTEM UND BÜROKRATISCHE HERRSCHAFT IN DER SOWJETUNION / HRSG. Meissner, Brunner, Lowenthal. 1978. S. 137. (139 FF.); Torke H.J. DAS RUSSISCHE BEAMTENTUM IN DER ERSTEN HÄLFTE DES 19. JAHRHUNDERTS // Forschungen Zur Osteuropaischen Geschichte. BD. 13, 1967; Melville R., Steffens T. DIE BEVÖLKERUNG // Handbuch Der Geschichte Rublands. BD. 3: 1856-1945: Von Den Autokratischen Reformen Zum Sowjetstaat. II. Halbband, 1992. S. 1009 (1174-1179); Plaggenborg S. Die Organization Des Sowjetstaates // IBID. S. 1413 (1487-1492); Nienhaus U. D. Revolution Und Bürokratie: StaatsVerwaltung und Staatskontrolle in Sowietrubland 1917-1924, 1980; Handbuch des Öffentlichen Rechts. BD. IV: Das Staatsrecht Des Russischen Reiches / HRSG. I. ENGELMANN VON. Freiburg, 1889.

11 See: Andreevsky I.E. About governors, governors and governors. - St. Petersburg. 1864, Russian government law. - St. Petersburg. 1866; Gradovsky A.D. The beginning of Russian state law. M., 1886; Korkunov N.M. Russian state law of St. Petersburg. - 1909; Dugamel K. D. The experience of the state law of the Russian Empire. - St. Petersburg. 1833; Hapolev S. Systematic Assembly Russian laws With the contribution of rules and examples from the best laws. - St. Petersburg. 1819.

12 See: Malesevsky B.F. Theory and Practice Pension Cass. In 5 volumes. - St. Petersburg. 1889-1890 mainly a statistical nature that does not reflect the development of relevant legislation.

In modern works, for example, E.E. Stolyarova, A.B. Mikhailova, 11.

IN AND. Mudracheov, you can find just links or references to the existence of pension provision in the XIX century. In addition, this kind of work will highlight the financial side of payments, analyzing certain errors in calculating the amounts of pensions and debt obligations, rather than the legal.

Thus, the legislation that regulates the pension provision of civil servants in the XIX century, remained so far insufficiently studied, which in our opinion increases the argument of the novelty and the relevance of the tasks assigned in the dissertation.

The subject of this study is public relations in the field of social security of the civil servant and his family members settled by the norms of the legislation of the Russian Empire.

The object is the system of regulatory acts regulating the pension provision of a civil servant and members of his family, which established in the Russian Empire during the XIX period of the XX centuries.

In the interests of the depth and completeness of the study, in the content of the work, the stated chronological framework in certain aspects were expanded. The dissertation is analyzed by acts regulating the pension provision of civilian, military, spiritual and court officials, that is, the main types of civil service. However, it does not consider specifically acts regulated by

13cm: Stolyarova E.E. Some issues of improving the legal support of the Russian civil service. // Problems of the formation of state and municipal government in Russia. Ekaterinburg, 1995; Non-state pension provision of the population of the Russian Federation. Under. ed. Mudracheov V.I. M., 2002; Mikhailov A.B., Mudrakov V.I. All you want to know about non-state pension funds. M., 2001. Pension provision of officials of zemstvo and urban self-government, to those known to the equivalent to civil servants, because, according to the author, this topic deserves an independent study.

Special difficulty in carrying out this analysis was related to the fact that, despite the systematization of regulations, the pension legislation of the law was not only codified, but not even collected in one volume of the laws of the Russian Empire in one volume. Its norms located in the volumes of the Code of laws in chronological order often contradicted, duplicated or supplemented each other, generating collisions in legislation, although they were detailed.

The purpose of the dissertation study: the identification of patterns and features of the process of the formation and development of pension legislation on the provision of civil servants and their families in the XIX - early XX centuries.

The goal, the object and subject of the study determined the formulation of the following tasks, the solution of which was the content of this dissertation:

1. To give a comprehensive analysis of the pension legislation of the XIX - early XX centuries, taking into account the historical prerequisites for its origin, design and development.

2. Determine the conditions for the appointment of pensions, types and forms of pension provision of civil servants and members of their families under the legislation of the Russian Empire.

14 Public service was different from the state-owned method of appointment, rights and advantages. The main signs of the social service were: Delicate, electoral principle and "lack of official benefits" (ChinOperation). The exception was made executive bodies elected public institutions in the form of members of the Council and commissions who received a special remuneration for their works. In a special position, there were also persons who served in free hiring in elected public institutions, urban mothers, zemstvo, etc.

3. To establish similarities and differences in state and non-state pensioning systems in the XIX - early XX centuries.

4. Conduct a historical and legal comparative analysis of the right of inheritance of pension savings in pre-revolutionary and modern Russia.

Source base research.

The study is based on pension statutes: the general charter on pensions and one-time benefits, special charters on pensions and one-time benefits on various departments, the statutes of Emerital Cass of various departments, the Charter on the benefits determined by the Committee of the Charity of Honored Civil Officials; Ordinance statutes, provisions on the special advantages of civil service in separate areas included in the Code of Laws of the Russian Empire (as amended 1832, 1842, 1857, with subsequent changes up to 1906), as well as some regulations contained in full Meeting of the laws of the Russian Empire (Coll. I - III).

The dissertations used materials from the Funds of the Libraries of the Institute of State and the Rights of the Russian Academy of Sciences, the Russian State Library. IN AND. Lenin, Law Scientific Library "Spark", State Public Historical Library of Russia, Archival Documents of RGAD (F. 11, F. 370, F. 1278); RGB Department of Manuscripts (F. 20, F. 133, F. 243, F. 1270), etc.

The methodological basis of the study was general scientific, special and private (legal) methods. A sufficient toolkit for the activation of the cognitive process is given research techniques based on the synthesis of approaches of the historical school of law and modern domestic jurisprudence used in historical and legal research. Application by the author of the aggregate of these methods, in particular the chronological, comparative legal and formal legal, made it possible to solve the tasks set in the dissertation.

The scientific novelty of the study is defined as a choice of theme and approach to its study, taking into account the degree of development. The thesis is the first experience in the domestic historical and legal literature. The experience of a generalizing integrated study of the history of the origin, registration and development of pension legislation in Russia.

The author analyzed the legal nature of pensions and proposed a classification of the conditions for their appointment, forms and types of pension provision of civil servants. The system of state and non-state pension provision of civil servants was investigated. A comparative analysis of the right of inheritance of pension savings in the Russian Empire and Modern Russia has been carried out.

The main provisions endowed with the defense:

1. The prototype of pension provision in kind in Russia should be considered feeding, since they were appointed not only for the performance of certain duties during the service period, but taking into account the past merit and after its end. It is characteristic that even after the introduction in the Russian Empire of the pension provision, expressed in the monetary equivalent, a mixed system of monetary and natural life content was used quite a long time.

2. Pension provision was initially established as the privilege of exclusively civil servants, which showed the care of the state about them. The first to the right of pension provision received military personnel by virtue of the special significance of this type of public service.

3. Legal regulation of pension provision in Russia XIX century. It was sufficiently detailed in comparison with the pension legislation of foreign European states of that time. So, for example, regulatory legal acts Even such relations were settled as inheritance of pension savings, accounting for these funds on individual accounts, etc. Despite the lack of a single codified act on pension provision of civil servants in Russia in the XIX century, the current system of regulatory acts clearly secured general principles, The conditions for the appointment of pensions and the types of pension provision of civil servants and their families.

4. The right to pension provision gave the Sovereign Service. The legislation of the Russian Empire determined the following types of pensions:

Loss for long service;

Disability pension (injury);

Pension on the occasion of the loss of the breadwinner;

Personal pension.

This classification of pension funds was based on the conditions for the purpose of the pension, and the basis of other classifications the status of a subject submitted to the appointment of a pension or a one-time benefit and a source of law containing the norm and source of funding.

5. During the period under review, there was a state and non-state system of pension provision of civil servants. Despite the objective difficulties of a financial nature, denoted in the system of non-state pension provision by the beginning of the XX century, high level State guarantees and responsibilities in the field of non-state pension provision led to the widespread activities of the Emerital Cass.

6. In the pension legislation of the XIX century. More than in modern, the relationship of the succession of pension savings is settled.

This contributed to the timely and complete payment of the Tretic15 pension deductions, on the one hand, and encouraged the desire for career growth, on the other.

7. Modern "novels" in the pension legislation of the Russian Federation, such as personal accounting, the accumulative part of the pension, etc., were quite successfully used already in the XIX century, which creates an opportunity for real accounting and use of accumulated experience.

Theoretical significance of the study. The main commendation efforts of the post-Soviet period in the field of development and systematization of pension legislation were facing the development of new provisions, the regulation of the current system of social security. However, the development did not take into account the rich pre-revolutionary experience of pension provision. The problem under study undoubtedly represents scientific interest, because it fills the well-known gap in historical and legal and industry legal literature.

The significance of the study increases with a comparative analysis of similarities and differences in the legal regulation of the current legislation of the most important parties to pension relations, which were regulated by the legislation of pre-revolutionary Russia.

The practical significance of the study is that the assembled, generalized and analyzed in dissertation material can be used to further study the history of pension legislation, in the process of teaching the history of the domestic state and law, as well as relevant special courses. Thus, the materials of the work can be used by teachers in lectures and at seminars on legal entities and historical disciplines in order to deepen students' knowledge.

15 year was divided into three reporting periods, in connection with this reporting period was called Trephin.

In addition, it is possible to find a practical application of materials of this dissertation in developing changes and additions to the current pension legislation and for the further development of the legal framework for state and non-state pension provision.

The structure of the work is due to the tasks. The thesis consists of an introduction, three chapters, conclusions, a list of used literature and applications.

Conclusion of dissertation on the topic "Theory and History of Law and State; History of teachings on the right and state ", kvassov, Dmitry Aleksandrovich

Summing up the study, it should be noted that based on the purposes of this work on the basis of the material presented, the author were made by the following conclusions. The proprietary of the Russian Empire attributed to the category of civil servants of anyone who worked in public institutions and received a salary from the state. Summer Russian legislation returned To those existing before the revolution of 1917, the classification of employees on the basis of ranks, the number of which even exceeded what was in the Russian Empire. However, introducing a system of qualifying discharges, the legislator left many issues related to them open. For example, the inconsistency of the number of qualifying discharges and categories of public posts, which can create problems when replacing posts. In pre-revolutionary Russia, this issue was settled through the division of posts for fourteen classes corresponding to the fourteen ranks of the ranks. These data suggest that the current legislation of the classification of civil servants on the basis of their qualifications needs further development and improvement. The proprietary design, stages of the formation and development of civil service have been inextricably linked to the formation and strengthening of the centralized state. In Russian history, due to geopolitical and other reasons, the state has always dominated the society, and those who professionally served to him are invariably allocated by the state from the total mass of the population. The public service, first of all, was associated with the ministry directly to the emperor, since the concepts of "sovereign" and "state" were essentially coincided. The establishment of civil service in Russia and the formation of personnel composition of government bodies and institutions was accompanied by the development of principles and requirements for the selection of civil servants. In terms of the development of absolutism, as a well-characterized by the developed bureaucratic apparatus, the legislative execution of the Pennsion has served as to strengthen the dependence of the bureaucratism from the central government. The author of the pension legislation was allocated by the author four periods: the period from the end of XV - before the beginning of the XVIII centuries. It is characterized by a natural form of life content as a material remuneration for the service "for the benefit of the state", as a rule, without formal legal design (feeding). More clear chronological framework of the second period of 1720-1827. Defined the first official reference to pensions in the cash equivalent Charter and general charter on pensions and one-time benefits with civil servants. It is characterized by the adoption of a number of legislative acts regulating the pension provision of civil servants under the form of state, mainly military, service, as well as the lack of uniformity in the approach to the appointment of pension on various departments and a mixed system of monetary and natural content. The period begins with the adoption of the first pension charter. 1827 and ends with the introduction of changes to it in 1853. It is characterized by fundamental for that time and clearly distinguished (based on a table of ranks) by the regulatory framework, a single approach to pension provision not only by military, but also civil servants. Energation of the conditions for the appointment of pensions led to a significant Expanding the circle of people receiving it. The impossibility of treasury to respond in full for all obligations in many respects was the reason for submitting subsequent changes to the legislation on pensions. The natural form of pension provision was maintained. In parallel with state pension funds, the type of non-state pension provision of civil servants is obtained. The fourth period (1853-1912) is characterized by the further development of pension legislation, further than the remaining static to the end of the empire, and ends the year of introducing recent changes to the pension charter related to incredibly An entangled regulatory system of the ranks and the inconsistency of its practice of posting posts. However, the charter of 1912. In general, increased the size of pensions, and in monetary form . The natural form of encouragement remained only in some ordinance pensions. In the non-state system of pension funds of Russia, the following three pension models have developed: Emerital ("Emerit" - service, merit); current in accordance with the principles of insurance; Savings and auxiliary. There are significant differences between these models in the ratio of distribution and cumulative moments, in order to provide pension rights. The problem of the financial sustainability of their activities was extremely important. The following types of pensions were determined by the Russian Empire. The following types of pensions were determined based on the conditions for their appointment: for long service, to obtain injury (disability), on the loss of the breadwinner and the personal pension appointed by the special order of the emperor. The basis for a different classification of pension types is the status of a subject submitted to the appointment of a pension and a one-time benefit, and a source of law containing the norm and a source of financing. Pensions were paid both at the expense of the treasury and at the expense of the deductions of the employees themselves through the Emerital Cashs. Upon receipt of injury during the execution of official duties, or obtaining state awards, the sources of pension provision could be the disabled capital of the Alexandrovsky Committee or lifelong possession of the victim on the basis of the order of the United States. One of the main conditions for the appointment of the state pension for the general charter on pensions and one-time allowances was sent and exhaust service. The periods of service during the studied period changed from 20 to 35 years, but the provision on the "integrity" of the service was inflictable. The official lost the right to retire from the state with his own opponent behavior. And since the pension was the privilege of precisely civil servants, and for many officials and the only means to existence in old age, it was a certain incentive to serve to serve as a basis for all special (departmental) pension charters, the principles of general charter on pensions and one-time benefits were laid. However, it can be argued that there were some significant differences that reflected certain specifics of the service. The priests and p providers of the Diocesan Office introduced by the Charter on Pensions and One-time allowance for obtaining a pension, "perfect poverty", a vivid confirmation of the fact that the state even among the total mass of civil servants has allocated certain less protected categories, and thus tried to support the decent existence of them and their families. It should also be noted a certain flexibility of the state system of pension provision and its legislative regulation, which allowed to work in some posts, simultaneously obtaining a previously appointed pension. The ability to preserve the right to additional pensions from the state in parallel with state system Pension support developed non-state. Emerital CASS, as well as in modern non-state pension funds in the field of reporting and office work, is undoubtedly much more similarity, rather than differences. Expanding the money of the emericious cash registers was quite rigidly regulated as a charter and internal legal acts. Only the Council - the collegial body can manage the cash of the Emerital Cass. His activity was controlled by the Government. By holding the activities of the Emerital Cass and non-state pension funds, I would like to note that, according to the author, it is necessary to strengthen the control of the state for the investment activities of the latter, which would be an additional and very significant guarantee of the successful activities of non-state pension funds. Should not be limited to an indication of the percentage of the permissible standards of investing funds in securitiesIt is necessary to work with each foundation individually. Strengthening state control over the activities of non-state pension funds is required due to the instability of the modern economic situation. Such measures will contribute not only to the strengthening of the financial situation of non-state pension funds, but also increase the level of material security of non-state pension funds. One way from the elements of the pension system in the XIX, the rights of the members of the Russian official for state and emeritative pensions and benefits. Families of the Russian official were clearly regulated and protected. I have not even received a state retirement for the loss of the breadwinner, the employee's family could count on material assistance from the Emerital Office. According to the legislation of the Russian Empire, the size of the resulting content was directly depended on the share of pension deductions and civil service experience. All the questions of the succession for pension savings payments were clearly defined, which created an additional incentive and attached confidence that cash They will not disappear, and the family will receive them in any case. Whereas in Russian legislation, the moment of transition of ownership of pension savings was not settled, the circle of heirs and the procedure for the inclusion of these funds into hereditary mass is not determined. Then, the responsibility for the disposal of the funds of pension savings, which are by Federal Law No. 111 -fz with the property of the Russian Federation, he moved to citizens. In addition, the state eliminated the guarantees for the safety of pension savings against the accumulation part of the labor pension. For the positive moments of the modern pension system, it is possible to include the individualization of the funds of pension savings, that is, the introduction of individual accounts for each taxpayer. However, in the charters of the Emerital Cass, the requirement for such accountability was presented initially, and individualization in modern pension legislation appeared only 1996. On the basis of the analysis of foreign pension legislation as a whole, it can be concluded that the general basis for the press was the public service. The prerequest assignment of the pension was service mainly from thirty to forty years, in addition, indicated ultimate age To make posts in the public service 60 - 65 years old. The appointment of pensions and grounds for refusal was settled in the legislation of European countries in different ways, depending on the socio-economic and political conditions. Analyzing species, form, the size of the pension content of employees and guarantees to members of their family, we can conclude that the Russian pension legislation was the most complete. The legislator sought to continuously improve pension laws, given the mistakes and experience of other countries. The level of guarantees, enshrined in regulatory acts on the pension provision of Russian officials, was significantly higher, since not only the provisions on the appointment of state, but also emeretical pensions were legally settled. In the Soviet period, the pension system was built on fundamentally different foundations, continuity in development The legislation on pension provision was violated. The initial legal efforts of the post-Soviet period in the field of development and systematization of pension legislation were facing the regulation of the current system of social security and to develop new provisions without taking into account the pre-revolutionary experience of the pension provision. For regret, now social security is not only state Employees, but also the rest of the population is not enough in terms of volume and granted guarantees. The problem of decent and guaranteed pension provision is very acute in modern Russia. In the framework of the dissertation work on the history of pension provision, it is impossible to consider and analyze all the problems of the pension system at the moment. At the same time, unfortunately, it is not difficult to note that the issues of pension provision of civil servants in pre-revolutionary Russia have been settled significantly better than at present. Of course, this certainly does not apply to all aspects of modern pension legislation, the author tried to highlight the gaps that were absent in the XIX century. And those in which modern legislation is inferior to the past. The ArchRealous Materials and Funds. Russian State Archive of Ancient Acts (Moscow):

1. Correspondence of different persons. F. 11.2. Cases concerning the formation of various government agencies.3. Note by Charterian F.1278. OP 1. Ed. Stan. 13.Russia State Library - Department of Manuscripts G. Moskva):

4. Paper under legislation. F. 1342. Regulators of regulatory sources

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