Article 64. Personnel reserve in the civil service
Due to the lack of a federal regulatory legal act on the personnel reserve, state bodies use different approaches to organizing the formation of a personnel reserve.
In other state bodies, it is practiced to include in the personnel reserve applicants who participated in competitions for filling vacant positions, but did not win the competition (by decision of the competition commission). At the same time, a citizen in some government agencies can be included in the personnel reserve without indicating the position for which the reserve is formed, in others, the inclusion of the winner of the competition in the personnel reserve is carried out by category of positions. In many state bodies, a personnel reserve is not formed.
During the period 2008-2009. in all subjects of the Russian Federation and most subjects of the Russian Federation, reserves of managerial personnel have been formed. Due to the lack of federal legal regulation of the formation of such reserves, each constituent entity of the Russian Federation establishes its own selection procedure and requirements for candidates for the reserve of managerial personnel in accordance with the recommendations developed in all federal districts.
In particular, in a number of constituent entities of the Russian Federation, the selection of persons for the reserve of managerial personnel includes:
nomination of candidates by heads of state bodies and local self-government bodies of municipalities, rectors of universities, heads of non-state enterprises and institutions, public organizations. It also provides for self-nomination by citizens of the Russian Federation of their candidacies;
analysis of profiles of nominees for compliance with formal selection criteria;
testing of all candidates in accordance with the approved selection criteria:
1) personal and business qualities (leadership, ability and desire to work in a team, social maturity, active life position, desire for self-improvement, adherence to laws, moral standards, management requirements);
2) intellectual indicators (the ability to plan, the ability to see the situation and predict the development of events in the near future; foreseeing the consequences of decisions made, the validity of decisions made; the presence of intuition that allows you to successfully solve problems that are not amenable to formalization);
3) special indicators (stress resistance, professional commitment, i.e. the ability to bring business to a successful result);
making a decision by poll to include in the reserve of managerial personnel for candidates who have overcome the established threshold of test scores. At the in-person meeting of the selection committee, those candidates are submitted for which members of the selection committee expressed separate opinions in the protocol, as well as candidates not included in the protocol, but for which appeals were received about disagreement with the results of the experts' conclusions;
after the signing of the protocol by all members of the commission, the data on the candidates are transferred to the administration of the subject of the Russian Federation to verify the personal data of the candidates;
lists of the reserve of managerial personnel are posted on a specialized website in the public domain. In addition to the lists, the site contains relevant regulatory documents, the procedure for forming a reserve, a list of positions for which a reserve is formed, approved forms of questionnaires and recommendations for candidates, a reserve training program and other necessary information, a news feed.
The formation of a reserve of managerial personnel was initially carried out not for specific positions, but in separate areas: organizational work, the real sector of the economy, the social sector, the financial and economic sector. This principle of forming a reserve of managerial personnel makes it possible to rotate within the reserve.
Financing of expenses for testing candidates for the reserve and training of reserve participants in individual constituent entities of the Russian Federation is carried out on shared terms in the following proportions: for testing, 50% of budget funds and funds of the candidate himself; for training: 10% - budget funds, and 90% - student funds.
The formation of a personnel reserve, along with competitive procedures for entering the civil service, ensures the implementation of the constitutional right of citizens of the Russian Federation to equal access to public service, as well as the right of civil servants to promotion.
The formation of a personnel reserve and its effective use is an actual direction of personnel policy, implemented in order to improve the professionalism of the personnel of the state civil service.
The personnel reserve is an important mechanism through which the career growth of civil servants in many democratically developed European countries, as well as the United States, Canada, and Japan, is carried out. Work on the formation of a personnel reserve in the Republics of Kazakhstan and Belarus is carried out on the basis of special regulations.
The personnel reserve is both a mechanism for the professional growth of employees and a democratic institution through which the most professionally trained and successful representatives of civil society, the commercial sector, the deputies and professional officials are selected as a result of competitive selection for the civil service.
In accordance with the practice of regulating the issues of formation and use of the personnel reserve, which has developed in state bodies, the following most general trends can be distinguished.
The formation of a personnel reserve is carried out taking into account the composition of the civil service personnel and the "bank of vacancies" of the corresponding civil service positions.
The selection of candidates for enrollment in the personnel reserve is made taking into account the assessment of the results of professional performance, personal and business qualities of civil servants. When selecting candidates for enrollment in the personnel reserve, the following are taken into account: the age of the employee; compliance of the employee with the necessary education; work experience; knowledge of normative legal acts in the field of public administration and in the direction of activity; health status. A number of regulatory legal acts set age limits for candidates for the reserve. For example, the age limit - up to 45 years - is established by the Regulations on the procedure for the formation and training of a reserve of leading personnel in the state authorities of the Republic of Sakha (Yakutia). The personnel reserve includes employees certified for promotion to higher positions. The number of employees included in the personnel reserve for promotion to the relevant position is not limited.
According to the commented article, a personnel reserve structure has been established in the state civil service, which includes two levels - federal and constituent entities of the Russian Federation.
At the federal level, a personnel reserve is formed in the federal state body, as well as a federal personnel reserve. In turn, in each state body of a constituent entity of the Russian Federation, a representative of the employer forms a personnel reserve of a state body of a constituent entity of the Russian Federation. The personnel reserve of a subject of the Federation consists of personnel reserves of state bodies of the subjects of the Russian Federation.
The formation of a personnel reserve is carried out in order to timely fill vacant positions in the federal civil service with persons included in the personnel reserve both in the order of promotion and for filling civil service positions in cases provided for by the legislation of the Russian Federation.
Based on the Consolidated Register of State Civil Servants of the Russian Federation and the applications received from civil servants and citizens, a personnel reserve of a state body, as well as a federal personnel reserve and a personnel reserve of the corresponding subject of the Russian Federation, are formed on a competitive basis to fill civil service positions.
The personnel reserve of the federal state body may include persons who have expressed a desire and successfully passed the competition for inclusion in the personnel reserve to fill the corresponding civil service position, including those entering the federal civil service for the first time.
The inclusion of a civil servant (citizen) in the personnel reserve of a federal state body to fill a civil service position is carried out based on the results of a competition. However, the provisions contained in Art. 22 of the commented law do not reflect the specifics of the personnel reserve associated with the need for additional professional training of the personnel reserve participants to occupy the relevant positions. Such "professional inexperience" should not prevent the most promising employees from being included in the personnel reserve.
The personnel reserve solves various tasks, such as ensuring career growth and maintaining the staff of existing employees who meet the established qualification requirements, attracting citizens from other areas of activity to the service.
The period of stay of a civil servant (citizen) in the personnel reserve of a state body is determined by the representative of the employer. In a number of state bodies, it ranges from 1 to 5 years.
In cases where it is impossible for a civil servant to perform official duties for health reasons, as well as in connection with the reorganization, liquidation of state bodies, the reduction of civil service positions in them, a civil servant who meets the qualification requirements should have a priority right to fill a vacant civil service position over those who is in the personnel reserve.
The experience of studying work with a personnel reserve in state bodies shows that sometimes not one, but two or three candidates are selected for one position from among civil servants or citizens who participated in the competition, since the use of only one reservist for each position significantly limits the personnel independence of the head. Inclusion in the personnel reserve not for a specific position, but for positions within the corresponding group of positions in the civil service is not provided for by the legislation on the civil service.
In this regard, the experience of regulating this issue with our foreign neighbors may be useful. Thus, in the regulation on the personnel reserve of the civil service of the Republic of Kazakhstan (approved by the Decree of the President of the Republic of Kazakhstan dated December 4, 2003 N 1243), the concept of "relevant position" is introduced. The document states that such a position for a reservist is a position in the category to which he is assigned. At the same time, a civil servant (citizen) who is in the personnel reserve must meet the qualification requirements and have the necessary personal and business qualities necessary for the effective performance of official duties.
Attestation commissions take part in the formation of the personnel reserve. So, according to paragraph 1 of part 16 of Art. 48 of the commented Federal Law, based on the results of the certification, the representative of the employer decides on the inclusion of a civil servant in the personnel reserve of the state body after the competition. In a number of constituent entities of the Russian Federation, they took the path of using the decision of the attestation commission as the basis for issuing a legal act on the inclusion of a civil servant in the personnel reserve. Meanwhile, according to paragraph 1 of part 16 of Art. 48, the inclusion of a civil servant in the personnel reserve to fill a higher position in the civil service is carried out in the prescribed manner, i.e. according to the results of the competition, and the decision of the head regarding this issue is only advisory in nature. Consequently, the norms of a number of legal acts of the constituent entities of the Russian Federation, which establish the right of the representative of the employer (the head of the state body) to include a civil servant in the personnel reserve on the basis of the decision of the attestation commission, are unlawful.
The current practice cannot be supported when, if there is a vacant position in a state body, a competition is held for inclusion in the personnel reserve for this position, and the winner of the competition is appointed to the vacant position shortly after being included in the reserve. Within the meaning of Art. 22 of the commented law, if there is a vacant civil service position in a state body, it is necessary to hold a competition for filling this position, and not a competition for inclusion in the personnel reserve for the subsequent replacement of this position from the reserve.
In accordance with the Methodology for holding a competition for filling a vacant civil service position in the Ministry of Health and Social Development of Russia (approved by Order No. 695 of November 25, 2005), the decision of the competition commission is, among other things, the basis for including the applicant in the personnel reserve. This is contrary to the requirements of Part 7 of Art. 22 of the Federal Law, according to which the competition commission is formed to conduct a competition for filling a vacant position, and paragraph 21 of the Regulations approved by Decree of the President of the Russian Federation of February 1, 2005 N 112, which provides that the decision of the competition commission may be the basis either for appointing an applicant for vacant position in the civil service, or refusal to do so.
Enrollment in the personnel reserve based on the results of consideration of issues of filling vacant positions in state bodies following the results of a competition for filling a vacant position is massive, while in some cases the winner of the competition is not determined and the vacant position remains unfilled. Subsequently, in violation of the requirements of Part 7 of Article 64 of the Federal Law, from the personnel reserve formed in this way, appointments are made to various positions without holding a competition as from a reserve formed on a competitive basis, while a competition for the personnel reserve was not announced and was not held.
In accordance with Part 4 of the commented Art. 64, the inclusion of a civil servant (citizen) in the personnel reserve of a state body to fill a civil service position is carried out based on the results of a competition in the manner prescribed by Art. 22. This means that for enrollment in the personnel reserve of a state body, a separate competition for inclusion in the personnel reserve (for a specific civil service position) must be announced. At the same time, such a competition is held in the manner and on the conditions provided for in Art. 22 of the commented law and Decree of the President of the Russian Federation of February 1, 2005 N 112 "On the competition for filling a vacant position in the state civil service of the Russian Federation."
If such a competition was not announced and held, the civil servant was included in the personnel reserve based on the results of the competition for filling a vacant position in the civil service in violation of the procedure established by law. Thus, the appointment of a civil servant from the personnel reserve, formed in violation of the requirements of the commented Art. 64 would be illegal.
The list of documents required for the participation of civil servants (citizens) in the competition for inclusion in the personnel reserve of the federal state body, as well as the procedure for publishing announcements on the acceptance of these documents and holding the competition, is established by the Regulations on the competition for filling a vacant position in the state civil service of the Russian Federation (approved by Decree President of the Russian Federation dated February 1, 2005 N 112).
At the same time, a civil servant (citizen) who has expressed a desire to participate in the competition for inclusion in the personnel reserve is not allowed to participate in the competition due to his inconsistency with the qualification requirements for the position of the civil service, for which he is applying, as well as due to restrictions, established by federal law for admission to the civil service and its passage.
During the competition for the inclusion of a civil servant (citizen) in the personnel reserve of a state body, the following issues are subject to study and assessment: the level and nature of professional knowledge, skills and abilities possessed by a civil servant (citizen); quality of performance of official duties in accordance with the official regulations, tasks and functions of the structural unit of the state body and the functional features of the position of the civil service occupied in it (for civil servants); the ability to make effective managerial and other decisions (for civil servants of the category "leaders"), the ability to prepare high-quality projects of managerial and other decisions (for other categories of civil servants), as well as to monitor their implementation (participate in control or ensure its implementation); participation in the preparation of draft regulatory legal acts and (or) draft management and other decisions, as well as the results of their implementation; the quality of work on the provision (presentation) of public services to citizens and organizations in accordance with the official regulations of a civil servant.
b) refuse to include a civil servant in the personnel reserve to fill a vacant position in the civil service in the order of promotion (with reasons);
d) refuse to include the relevant citizen in the personnel reserve to fill a vacant position in the civil service (with reasons).
The decision of the competition commission of the state body is the basis for the inclusion by the representative of the employer of a civil servant (citizen) in the personnel reserve of the state body to fill a vacant position in the civil service or refusal to include it. The inclusion of a civil servant (citizen) in the personnel reserve of a state body is carried out by a legal act of the state body.
The list of the personnel reserve of the federal state body is compiled by categories and groups of positions in the civil service; specializations of civil service positions and specific civil service positions in accordance with the relevant registers (lists) of civil service positions.
Information about civil servants (citizens) included in the established procedure in the personnel reserve of a state body may include:
Full Name; year, day and month of birth; education; replacement position in the civil service; for a citizen - the position to be occupied and the name of the organization; class rank (qualification rank), military, special rank, diplomatic rank (date and number of the act of assignment); length of service in the civil service (work in the specialty), etc. When forming a personnel reserve, the representative of the employer has the right to process (including automated) the personal data of "reservists".
The procedure for filling positions in the civil service, established by the legislator, implies the observance of the right of a civil servant (citizen) to voluntarily fill a vacant position. If a civil servant (citizen) who is in the personnel reserve of a federal state body (federal personnel reserve) refuses from the proposed position of the civil service, the vacant position is filled by competition.
The decision to exclude employees from the personnel reserve is made by the head of the federal state body, whose competence includes the appointment or dismissal of the relevant civil servants (citizens) from the civil service.
Based on practice, exclusion from the personnel reserve of a state body is carried out in the following cases:
a) appointment to the position of the civil service in the order of promotion or official transfer;
b) a decrease in the indicators of efficiency and effectiveness of professional performance, confirmed by the attestation commission (on the grounds set forth in clauses 2 and 3 of part 16 of article 48);
c) committing a disciplinary offense for which a disciplinary sanction was applied to a civil servant;
d) rejection of the offer to fill a higher vacant position in the civil service;
e) a motivated personal request;
e) for health reasons;
g) dismissal from the civil service;
h) in other cases stipulated by the legislation of the Russian Federation.
A civil servant included in the personnel reserve of a federal state body in the manner prescribed by Part 10 of Article 58 in connection with his release from a civil service position to be replaced by way of a disciplinary sanction is excluded from the personnel reserve of a federal state body and, if a decision is made by the competition commission to refuse him in the right to fill a vacant position in the civil service. At the same time, his dismissal from the civil service is carried out on the same grounds on which he was dismissed from office. In this case, the release from the occupied civil service position should be considered as a deferred sanction.
On the basis of the federal personnel reserve, the personnel reserve of the constituent entities of the Russian Federation, the personnel reserve of federal state bodies and the personnel reserve of state bodies of the constituent entities of the Russian Federation, the Consolidated Personnel Reserve of the Russian Federation is formed to fill vacant positions in the state civil service of the Russian Federation.
The consolidated personnel reserve of the Russian Federation, along with the reserve of managerial personnel under the patronage of the President of the Russian Federation, should become the main source for filling the positions of the state civil service of the category "heads", "assistants (advisers)", the appointment and dismissal of which is carried out by the President of the Russian Federation or Government of the Russian Federation.
In order to increase the efficiency of work with the personnel reserve, professional training, advanced training and training of civil servants and citizens included in it are carried out.
In turn, the passage of professional retraining, advanced training or internship by a civil servant can be considered by the competition commission as a preferential basis for making a decision based on the results of the competition on the inclusion of a civil servant in the personnel reserve of a state body.
Internship as a form of practical training of the personnel reserve is carried out directly in state bodies, as well as other organizations in order to form and consolidate in practice professional knowledge, skills and abilities obtained as a result of theoretical and practical training.
The role of personnel services is increasing in work with the personnel reserve. Personnel services of state bodies are working to record and accumulate data on the personnel reserve of the state body, the composition and movement of the personnel reserve. Professional retraining, advanced training or internship of civil servants included in the personnel reserve is carried out in accordance with the state order for professional retraining, advanced training and internship of civil servants for the next year. In addition, the personnel service of the state body with the participation of a civil servant draws up an individual training plan for a civil servant included in the personnel reserve, which is approved by the head of the state body no later than one month after he is included in the personnel reserve of the state body.
Information on the inclusion of a civil servant in the personnel reserve is entered by the personnel service in the personal file of a civil servant and other documents confirming his official activities.
Recently, it has been increasingly proposed to change the structure of the personnel reserve. This is due to the fact that the personnel reserve is one of the tools that ensure the career growth of civil servants. Therefore, there is a need to exclude provisions from the law that are grounds for the formation of a personnel reserve not in the order of promotion (part 1 of article 39 - suspension of the service contract due to circumstances beyond the control of the parties) and part 10 of article. 58 - dismissal from office in connection with a disciplinary sanction). At the same time, inclusion in the personnel reserve, formed solely for the purpose of ensuring the promotion of civil servants and filling vacant positions by citizens, should not impose rights and obligations on civil servants (citizens), and the decision on the possible appointment of these persons from the personnel reserve to vacant positions may be fully referred to the competence of the representative of the employer.
It is proposed to form a personnel reserve from among civil servants (citizens) who have passed the competition for inclusion in the personnel reserve, as well as based on the results of certification of civil servants (without competitive procedures) and based on the results of the competition for filling a vacant position when the competition commission decides on the possibility of inclusion in personnel reserve of a civil servant (citizen) who did not become the winner of the competition for filling a vacant position.
In order to increase the efficiency of using the personnel reserve of a state body, it is proposed that the competition for inclusion in the personnel reserve is held to fill the positions of the federal civil service of the corresponding group of positions, and not a specific position, as follows from the current version of Article 64 of the Federal Law. In this regard, during the competition, the professional level of the candidate will be assessed, taking into account compliance with the qualification requirements for the relevant group of positions. This approach provides the employer's representative with the opportunity to quickly fill vacant positions in a state body through the appointment of a federal civil servant (citizen) to the positions of the federal civil service within the appropriate group of positions.
From part 1 of Art. 39 of the Federal Law, it is proposed to exclude the rule on the inclusion in the personnel reserve of civil servants whose service contract has been suspended due to circumstances beyond the control of the parties. The results of monitoring the implementation of the Federal Law confirm that these provisions are not applied in practice. In addition, according to part 4 of this article, if within three months after the termination of circumstances (conscription for military service or assignment to an alternative service replacing it; election or appointment to an elective position; occurrence of emergency circumstances), a civil servant is not appointed to a civil service position , then the service contract with him is terminated, and the civil servant is dismissed. The federal law does not provide for any obligation of the representative of the employer to offer the employee the appropriate position. In this regard, the status of a civil servant while waiting for a position is not entirely clear. If we proceed from the fact that he continues to be in the civil service, then he must comply with all restrictions, prohibitions and requirements for official conduct provided for civil servants. It is also unclear the status of these persons, in particular, those who simultaneously perform civil service and military service by conscription while in the personnel reserve.
It should be noted that the current Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, do not provide for entering information on inclusion in the personnel reserve in the work book.
Taking into account the concept of a personnel reserve formed solely for the purpose of career growth of civil servants and filling vacant positions by citizens, it is proposed to exclude from part 1 of Article 3 the provisions according to which being in the personnel reserve is considered a civil service. The exclusion from part 1 of article 3 of the norm providing for being in the personnel reserve by the civil service makes it possible to overcome the legal uncertainty in the status of persons included in the personnel reserve. So, in fact, being in the personnel reserve cannot be considered a civil service and should not extend additional rights and obligations to persons included in the personnel reserve.
On March 1, 2017, the President of the Russian Federation issued Decree No. 96, which approved the Regulation on the personnel reserve of the federal state body (hereinafter referred to as the Regulation). The need to issue such a decree stemmed from Article 64 of the Federal Law "On the State Civil Service of the Russian Federation" in its original version in 2004, but in the end, the Regulation was approved only 12 years after the entry into force of the law.
The regulation regulates the formation of a personnel reserve, work with the personnel reserve and the exclusion of citizens and civil servants from the personnel reserve. At the same time, it concerns only the personnel reserve of a federal state body (the law on civil service also provides for the existence of a federal personnel reserve, a personnel reserve of a constituent entity of the Russian Federation and a personnel reserve of a state body of a constituent entity of the Russian Federation.
The Regulation specifies the goals and principles of the formation of the personnel reserve. It also determines that information on the formation of a personnel reserve and work with it is posted on the official websites of the federal state body and the state information system in the field of civil service on the Internet information and telecommunications network in the manner determined by the Government of the Russian Federation.
As for the procedure for the formation of a personnel reserve, in this aspect, the Regulation basically repeats the norms of Art. 64 of the Federal Law "On the State Civil Service of the Russian Federation". Among the few important novels in this section are:
Clarification that civil servants (citizens) who did not become winners of the competition for filling a vacant position in the federal civil service, but whose professional and personal qualities were highly appreciated by the competition commission, on the recommendation of this commission, with their consent, are included in the personnel reserve for filling positions the federal civil service of the same group, which included the vacant position of the federal civil service, for which the competition was held;
The ban on inclusion in the personnel reserve cannot be included in civil servants who have disciplinary sanctions provided for in paragraph 2 or 3 of part 1 of Art. 57 or paragraph 2 or 3 of Art. 59.1 of the Federal Law "On the State Civil Service of the Russian Federation".
At the same time, the Regulation for the first time regulates in detail the procedure for holding a competition for the personnel reserve. The competition should be held in accordance with the unified methodology for holding competitions for filling vacancies in the state civil service of the Russian Federation and inclusion in the personnel reserve of state bodies, approved by the Government of the Russian Federation (currently not approved yet).
The competition is held by the competition commission formed in the federal state body. It consists in assessing the professional and personal qualities of each civil servant (citizen) who has expressed a desire to participate in the competition and is admitted to participate in it (hereinafter referred to as the candidate), based on the qualification requirements for filling the relevant positions of the federal civil service.
The Regulation provides for the mandatory placement on the official websites of the federal state body and the state information system in the field of public service on the Internet an announcement of the acceptance of documents for participation in the competition, as well as other necessary information about the competition.
The decision on the date, place and time of the competition is made by the representative of the employer. The competition is held no later than 30 calendar days after the deadline for accepting documents for participation in the competition. Not later than 15 calendar days before the date of the competition, the federal state body posts on its official website and the official website of the state information system in the field of civil service on the Internet information about the date, place and time of its holding, as well as a list of candidates and sends relevant messages to candidates.
During the competition, the competition commission evaluates candidates on the basis of the documents submitted by them, as well as on the basis of competitive procedures using methods for assessing the professional and personal qualities of candidates that do not contradict federal laws and other regulatory legal acts of the Russian Federation, including individual interviews, questionnaires, group discussions , writing an essay or testing on issues related to the performance of official duties for positions of the federal civil service, for inclusion in the personnel reserve for the replacement of which candidates apply.
Competitive procedures and a meeting of the tender commission are held in the presence of at least two candidates.
The decision of the competition commission is made in the absence of candidates and is the basis for including the candidate (candidates) in the personnel reserve for filling the positions of the federal civil service of the corresponding group or refusal to include the candidate (candidates) in the personnel reserve.
Messages on the results of the competition are sent in writing to candidates within 7 days from the date of its completion. Information on the results of the competition is also posted within the specified period on the official websites of the federal state body and the state information system in the field of civil service on the Internet.
Based on the results of the competition, no later than 14 days from the day the decision was taken by the competition commission, a legal act of the federal state body is issued on inclusion in the personnel reserve of the candidate (candidates) in respect of which (whom) the corresponding decision was made.
The issues of organizing work with the personnel reserve (which in practice cause the most questions) are resolved in the Regulations very briefly. In fact, it only establishes that the professional development of a civil servant who is in the personnel reserve of a federal state body is carried out by this body on the basis of an individual plan for the professional development of a civil servant approved by it. In addition, the Regulation states that for each civil servant (citizen) included in the personnel reserve, a subdivision of the federal state body for public service and personnel prepares a certificate in the form approved by the Government of the Russian Federation. This certificate reflects all information about the activities for the professional development of a civil servant.
Finally, for the first time, the Regulations provide an exhaustive list of grounds for exclusion of civil servants and citizens from the personnel reserve (personal application; appointment to the position of the federal civil service in the order of promotion; commission of certain disciplinary offenses; death; reaching the age limit for being in the state civil service of the Russian Federation and etc.).
Legal advice:
1. Tell me, is one candidate or several candidates enrolled in the personnel reserve?
1.1. It depends on the situation in the organization about the personnel reserve! Maybe 1 candidate and several!
Did the answer help you? Not really
1.2. I think there might be more than one, just in case. The reserve in the person of 1 candidate can always cease to be a reserve for some reason.
I wish you good luck and all the best!
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2. I have been included in the personnel reserve, when will I be hired?
2.1. --- Hello, as soon as there is a vacancy in your specialty, you will be informed.
Yours faithfully, lawyer Ligostaeva A.V.
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3. Where does the code say about the personnel reserve.
3.1. There is no such thing as "personnel reserve" in the labor code
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3.2. The concept of personnel reserve refers to the state civil service and to the municipal civil service.
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4. In whose name is the application written to the personnel reserve of the prosecutor's office?
4.1. What is a talent pool?
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5. I am in the personnel reserve for the deputy head of the department, category managers. Now I work as the main consultant. They want to appoint me as the head of the department. Can I be taken from the reserve?
5.1. Your question is not clear.
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6.1. Unfortunately no.
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7. I am on parental leave. Prior to that, she worked in the tax office. Can I, while on parental leave, submit documents to another tax office in order to be included in the personnel reserve.
7.1. In this case, after leaving the social leave to care for a child, you need to decide on the transfer from one tax office to another ...
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8. I am in the personnel reserve. If they call me and invite me to work, can I say that I can leave in a month or they will regard it as a refusal?
8.1. We cannot predict how they will regard everything ... negotiate with the employer when and under what conditions you go to work. Such things are not written into the law.
But if there are many applicants for a place, no one will wait.
I wish you good luck and all the best!
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9. If there are three people in the personnel reserve to fill a vacant position in the municipal service, which of them is taken first.
9.1. They take the one with whom they agreed and who suits the leader more. There are no special criteria and sequence in this case.
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10. How long can you stay in the personnel reserve? And what will happen when this period ends?
10.1. A civil servant (citizen) is included in the personnel reserve of a state body for a period of 2 to 5 years, taking into account the group of civil service positions:
For the highest group of positions for 4 years;
For the main and leading groups of positions for 3 years;
For senior and junior groups of positions for 2 years.
After the expiration of the specified period, taking into account the assessment of the level of training of a civil servant (citizen), the head of the state body makes a decision to extend the term of the civil servant (citizen) in the personnel reserve or to exclude him from the reserve.
A one-time extension of the period of stay of civil servants (citizens) in the personnel reserve of a state body is allowed.
Civil servants (citizens) included in the personnel reserve are required to notify the personnel service of the state body about the change (addition) of information related to personal data within 10 calendar days from the date of change (addition) of the specified information.
The head of the state body carries out general management and is responsible for working with the personnel reserve in the state body. The organization of work with the personnel reserve is carried out by the personnel service of the state body.
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11. I work in a grocery store (crossroads express) issued from 01/23/18 before that, I studied and trained in this company for almost a month. The personnel reserve was formed
02/15/18 is the last working day of the store, the entire network is being liquidated.
So, I live in Ramenskoye. The company offered me a job in Moscow, I refused. Long drive (40 km).
Will there be any payments for me?
Severance pay and compensation for early termination of the contract?
Your help is very much needed! Thank you for your attention!
11.1. Vadim.
Your employer must give you a warning about the upcoming reduction and dismiss you with the payment of statutory compensation in two months.
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12. If you are in the personnel reserve of the state. service in the leading category and have turned down offered positions in that category for reasons of not being satisfied with the demands they place. How does a reserve waiver affect? Will vacancies be offered after that? Can they be excluded from the reserve for this?
12.1. It is unlikely that you will be offered other vacancies. And they can completely exclude from the reserve. Talk to the head of the personnel department on this issue specifically.
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13.1. It's better for you to go and pick up documents that may well be useful to you elsewhere. Why waste time and spend it on testing?
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13.2. You can't go to the interview. Nobody forces. When considering documents, you simply will not be admitted to the second stage. You can withdraw your application.
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13.3. Of course, you can skip the interview if you don't want to. It is your right to go or not. You can also refuse testing and pick up documents. All the best.
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14. I work as a secretary in the Financial Department (not a civil servant), I have a higher education as an engineer of dairy products. Can I nominate a candidate for the personnel reserve for the position of chief specialist of the budget department if I pass the 310 hours of training in the direction of "State and municipal management at the regional level"?
14.1. Of course, you can nominate a candidate to the personnel reserve. It is quite possible that these 310 hours of retraining will be sufficient to fulfill the duties of this chief specialist.
Did the answer help you? Not really
15.3. If a competition is announced for inclusion in the personnel reserve for filling several civil service positions, the candidate has the right to apply for inclusion in the personnel reserve for several civil service positions at once, provided that he meets the qualification requirements for each of them.
Did the answer help you? Not really
16. I am a certified officer of the Federal Penitentiary Service captain of the internal service. Question: Am I a civil servant? Do I need to take an exam when submitting documents to the personnel reserve at the City Administration?
16.1. You are such and you must pass the exam when entering the service in the City Administration.
Did the answer help you? Not really
17. Interested in whether the employer violated the law. I was included in the personnel reserve in the state civil service. The place was vacated and they took another person, they did not offer me a place.
17.1. What is the violation of the law? Inclusion in the cadastral reserve of the state civil service does not at all mean an unconditional obligation to recruit persons from the reserve.
Did the answer help you? Not really
18. If not the SGS is included in the personnel reserve of the council of one district, can he apply for a vacancy in another council without including him in the personnel reserve of this council?
18.1. There is a federal personnel reserve, a personnel reserve of a constituent entity of the Russian Federation, a personnel reserve of a federal state body and a personnel reserve of a state body of a constituent entity of the Russian Federation, specify which reserve you have.
Did the answer help you? Not really
18.2. Maybe of course. All these reserves are for ordinary ordinary people who have no connections, etc., so anyone can be hired without any reserve.
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19. 05/15/2017, I submitted documents to the bailiff service for placement in the personnel reserve for the state. service. I was told by the personnel department that the security department would be checking documents. At the moment, already on 08/10/2017, they didn’t inform me about the results and they say that the documents are still being checked and this is due to the fact that I came from another region and that’s why it took so long. So the question is, how long is a reasonable time for this review?
19.1. Otdzhel civil service and personnel and nothing to do with it. Requests sent, responses awaited. You should be patient.
Did the answer help you? Not really
20. Can the head of the department consider my candidacy for an increase in the rate? I have worked in this institution for 10 years and but my documents are not in the personnel reserve, education allows me to take this position.
20.1. --- Hello, how do we know this? Only the leader solves these issues and education is not the main indicator, there must be organizational skills and business qualities, and not everyone has them. Good luck to you and all the best. :sm_ax:
Did the answer help you? Not really
21. How can I apply to the personnel reserve when I was denied this claiming that the time for submission of documents has passed, but now I am denied acceptance of my documents.
21.1. --- Hello, ask for a written refusal to the written application you submitted and within a month you are required to issue it, and then appeal against it in court within 3 months. Article 218 statement of claim
[Code of Administrative Procedure of the Russian Federation] [Chapter 22] [Article 218]
Good luck to you and all the best.
Did the answer help you? Not really
22. I am in the personnel reserve for managing a kindergarten. Can I refuse this and how to do it right? Thank you.
22.1. Yes. Of course, you can refuse. Write an application for withdrawal from the personnel reserve to the personnel department where you are in the reserve. Good luck to you!
Did the answer help you? Not really
22.2. Yes, you can refuse, you can submit an application in which you formulate a refusal, it is impossible to force work. All the best!
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23. I am in the personnel reserve in the Perm customs, can I save and transfer the reserve to the customs of another subject of the Russian Federation?
23.1. You can, if the CENTRAL Customs Department in Moscow goes for it.
Write a transfer report
Good luck to you! Always happy to help
Did the answer help you? Not really
24. What will be considered if they asked for personal data under the Regulations on the formation, training and promotion of the reserve of national personnel of the Udmurt Republic.
24.1. We are somehow unable to expand the boundaries of the possibility of understanding. What are you talking about? We have no right to speculate or think.
All the best. Thank you for choosing our site.
Did the answer help you? Not really
25. Can I apply to the personnel reserve with further employment in the civil service in the FSSP, if there was a deprivation of the rights for driving while intoxicated less than a year ago?
25.1. You can submit documents, but you need to provide all the information about yourself truthfully. Perhaps you will be accepted for some position after a while.
Good luck to you!
Did the answer help you? Not really
25.2. You can apply, an obstacle to employment is a conviction for a criminal offense.
Did the answer help you? Not really
In order to stop problems in the company associated with a shortage of employees, a personnel reserve is created.
This work is directly carried out by an employee of the Human Resources Service.
This employee, authorized by the head of the organization, examines the needs of the enterprise's departments for specialists. On the basis of the research, a personnel reserve is being formed.
Learn more about effective HR strategies.
In the process of analysis, the divisions of the company that need employees are studied, positions that require the recruitment of specialists are identified.
When forming personnel, an authorized employee determines the criteria by which vacancies are opened. And also happens:
- creating a list of candidates;
- conducting an interview of applicants for enrollment in the list;
- approval of the list;
- launching a recruitment program.
Distinguish between external and internal personnel reserve.
There are also varieties inside them, in particular operational and promising.
The internal operational list is made up of senior managers and those who are ready to start working without additional training.
The prospective list is employees with good potential to perform their duties, but they need to undergo additional training.
In the future, they can take vacant positions, but they definitely need to unlearn at refresher courses.
An external personnel list can be formed at the request of the company's managers, that is, applicants from outside will be attracted to unoccupied vacancies.
Tasks of the personnel reserve
The creation of a reserve is pursuing tasks:
- identification of personnel potential;
- the possibility of filling unfilled vacancies;
- contributing to the continuity of the production process, its efficiency.
The question of which type of reserve will be formed in the company is within the competence of managers.
In this case, the following should be taken into account: employees who hold positions for a long time demonstrate an output of 80%. Those who just came to similar positions - about 30%.
It should be understood that in the process of performing work duties, newly arrived workers gradually gain experience.
Formation of a personnel reserve
The formation of the reserve is carried out by the heads of the enterprise, as well as employees of the Human Resources Service on the basis of work plans for certain periods.
For example, for 12 months, 3, 5 years. A personnel worker has the right to conduct a competition among applicants - inclusion in the personnel reserve.
The list of candidates is formed according to the principles:
- the need for a candidate - an indication of his professional growth, education, age indicator, duration of work, professional activity, career development, health status. you can learn more about the suspension of workers;
- timeliness - the need for replacement must be real;
- compliance of the candidate with the position - requirements for the qualification of the applicant.
In the process of selecting candidates, a personnel officer must take into account not only general requirements, but also other professional skills. They must be answered by the head of the department, section, subdivision.
It is impossible not to take into account the characteristics of the personality of the applicant.
The list is formed taking into account the requirements formed within the company. External factors also influence this process.
Putting them together, they are as follows:
- calculation of staffing needs;
- study of personnel potential;
- study of the situation with employees and specialists in the area of presence and work of the company;
- labor attestation;
- organizational design;
- frame diagnostics, etc.
Managing the personnel reserve at a state enterprise includes holding a competition.
In other public services, applicants who took part in filling vacancies, but did not win the competition, are included in the personnel reserve. The decision on whether a person passed the competition is decided by a special commission.
Inclusion and exclusion of candidates
Inclusion in the internal list occurs in several ways, among them are:
- consideration of an application from a candidate for inclusion;
- self-nomination (recommendation of the chief);
- nomination based on the results of the annual evaluation procedures, including additional evaluation actions.
Applicants at the time of enrollment in the list must have the results of the assessment in accordance with the Regulation "On Personnel Assessment".
The results must be current: no more than a year from the date of application.
If the assessment was not carried out in relation to applicants, or was carried out more than a year ago, the candidate must undergo another assessment procedure, and do this before being admitted to the personnel reserve.
Evaluation procedures are appointed to ensure the appointment of candidates ready for this, taking into account their individual characteristics, weaknesses and strengths of the personality.
Exclusion from the reserve occurs for certain reasons:
- unsatisfactory completion of evaluation procedures;
- non-fulfillment of official tasks;
- regular non-fulfillment of the development plan prepared for each of the applicants.
What is an individual applicant development plan? This document must be agreed with the head of the training department.
The document includes strictly defined activities focused on the development of the individual, professional competencies.
You can learn how to take accounting courses online.
Training and retraining of applicants
The personnel reserve for filling positions should consist of trained specialists.
To this end, they are trained and retrained.
These are self-training, rotations, internships, a mentoring system, temporary substitutions for the period of absence of leaders, participation in project teams.
Seminars and trainings, as well as master classes are held according to the plan, which is formulated according to the general training schedule for the year for each company.
If there is a need for this, then special training is added, which includes the company's developments on employee training, in addition, specially selected programs from the outside.
FAQ
What should be taken into account when compiling a reserve of personnel?
When drafting a document, consider:
- the number of necessary specialists that you may need in the next 2-5 years;
- the actual number of reservists currently available;
- the approximate percentage of possible departure of participants in the personnel reserve of the enterprise due to a discrepancy identified during the work;
- the number of current managers who, after leaving their position, can be useful in another area.
It should be borne in mind that during the time spent in the personnel reserve of managers, the employee undergoes tremendous professional and psychological training.
Ideally, he should be appointed to the intended position and bring great value to the company. Some remain in the personnel reserve of the organization for a period longer than the standard 2-5 years.
Considering that there is no age data among the formal requirements for reservists, a situation may arise when a potential candidate “outgrows” his goal.
If a person who is in the personnel reserve of an enterprise does not see real prospects for many years of being in it, he may lose interest in work and reduce dedication.
When forming the personnel reserve of an organization, it is necessary to avoid a rigid division of future positions: it is better if it is as mobile as possible. In this case, you can choose the most worthy candidate of all when you vacate a leadership position.
It will also be possible to find a use for a good specialist even if the vacancy planned for him does not open.
There are certain difficulties in creating a correct personnel reserve of an enterprise: it is necessary not only to identify key positions, but also to predict which of them will be objectively needed in 2-5 years. To do this, it is necessary to use forecast indicators for the industry, as well as observational data on competitors.
In accordance with clause 14 of part 1 of article 44 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" I order:
The organization of the formation of a personal plan for preparing the applicant, conducting an internship, developing proposals for referral to training and appointment to the central office of the FSSP of Russia is carried out by the deputy director of the FSSP of Russia in the area of activity.
The personal training plan of the applicant provides for the passage of a theoretical training course (type and duration of training (training, retraining)), as well as activities (including the timing of their implementation) to acquire, use and test the skills and abilities necessary for the relevant position. This takes into account the recommendations of the deputy directors of the FSSP of Russia and the heads of structural divisions of the central office of the FSSP of Russia, the data of the card of recommended criteria for evaluating a candidate for inclusion in the personnel reserve for filling senior positions of the FSSP of Russia () and personal wishes of the applicant.
9. Appointment to the positions of the civil service of applicants is carried out in accordance with the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation".
9.1. The Department of Civil Service and Personnel, if there is a corresponding vacant position in the civil service, submits (taking into account the opinion of the deputy directors of the FSSP of Russia) to the director of the FSSP of Russia information about applicants who are in the personnel reserve of civil servants of the FSSP of Russia, and proposals for their appointment.
9.2. When the Director of the Federal Bailiff Service of Russia makes a positive decision on the appointment, the Department of Civil Service and Personnel prepares the relevant documents.
10. The Department of Civil Service and Personnel excludes a civil servant of the FSSP of Russia from the list of those included in the personnel reserve to fill senior positions () on the basis of an order of the Federal Bailiff Service:
when appointing him to a position of the state civil service, equivalent or higher than that for which he was included in the personnel reserve;
if there is a written application from a civil servant of the FSSP of Russia for exclusion from the personnel reserve;
when a civil servant of the FSSP of Russia reaches the age of 60 years;
after 3 years of being in the personnel reserve;
in the event of the occurrence and (or) discovery of circumstances that prevent the admission of a citizen of the Russian Federation to the state civil service or his being in the civil service;
upon the occurrence of other conditions established by the federal laws of the Russian Federation.
Order
formation of a personal file of a candidate for enrollment in the personnel reserve to fill vacant positions of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies
The personal file of the candidate begins to be formed after the decision is made by the director of the Federal Bailiff Service - the chief bailiff of the Russian Federation to consider the candidate for inclusion in the personnel reserve to fill the vacant positions of the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of the constituent entity of the Russian Federation and his deputies (hereinafter referred to as senior positions).
The personal file of the candidate shall be accompanied by:
1. Help-lens;
2. Copies of education documents;
3. Characteristics from the last place of work;
4. The results of the analysis of the candidate's previous performance;
5. Materials for checking the candidate for compliance with the restrictions and prohibitions associated with the civil service;
6. Materials of checks of the candidate for compliance with the established qualification requirements, professional knowledge and skills;
9. Materials of personal and professional diagnostics (copies);
10. Copies of medical certificates or medical examination results (updated annually);
11. A copy of the candidate's personal training plan;
12. The results of the candidate's internship in the central office and territorial body of the FSSP of Russia;
13. Candidate learning outcomes (if necessary);
14. The results of the candidate's participation in the inspections of the territorial bodies of the Federal Bailiff Service of Russia;
15. The results of the candidate's participation in seminars, boards of the FSSP of Russia;
16. Extract from the order of the Federal Bailiff Service on inclusion in the personnel reserve;
17. Information about the federal state civil servant of the FSSP of Russia included in the personnel reserve for filling vacant positions in the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of the subject of the Russian Federation and his deputies (to the Regulation on the organization of work on the formation of a personnel reserve ).
The place of storage of the candidate's personal file is determined by the head of the Civil Service and Personnel Department.
After the exclusion of a state civil servant (citizen of the Russian Federation) from the list of those included in the personnel reserve for filling managerial positions (to the Regulations on the organization of work on the formation of a personnel reserve), the personal file of the candidate is disbanded. The case materials (, , , , , , , of the present procedure for the formation of a personal file of a candidate for enrollment in the personnel reserve for appointment to senior positions of the FSSP of Russia) are filed in the personal file of a civil servant, the rest of the documents are destroyed in the prescribed manner.
Map
recommended criteria for evaluating a candidate for inclusion in the personnel reserve for filling vacant positions of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies
______________________________
| Criterion | sign | Level | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1. Knowledge, experience | professional knowledge | |||||
| work experience | ||||||
| problem solving skills | ||||||
| additional knowledge and skills (training in courses, participation in seminars, availability of other professions and specialties) | ||||||
| knowledge of the regulatory framework | ||||||
| 2. Thinking | ability to highlight | |||||
| adequacy | ||||||
| non-standard | ||||||
| 3. Decision making | speed of decision making | |||||
| independence | ||||||
| validity | ||||||
| 4. Information connections, contacts | use of expert knowledge | |||||
| sociability | ||||||
| ability to use information sources | ||||||
| 5. Personal characteristics | service efficiency | |||||
| purposefulness | ||||||
| correct behavior | ||||||
| professional responsibility | ||||||
| authority | ||||||
______________________________
* It is necessary to mark the box with a (V) according to the level of the candidate. Level:
1. Does not have sufficient knowledge (skills, abilities) and does not seek to acquire them.
2. Has not very deep knowledge (skills, abilities).
3. Has sufficient knowledge (skills, abilities).
4. Possesses good knowledge (skills, abilities).
5. Possesses deep knowledge (skills, abilities), can give comprehensive advice on many issues.
Deputy Director
Federal Service
bailiffs -
deputy chief
bailiff
Russian Federation ______________________________________________
signature I. O. Surname
"___" _________________ 20___
List
included in the personnel reserve of state civil servants of the FSSP of Russia to fill vacant positions in the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies
| No. p / p | Full Name | Date of Birth | Education (what and when graduated, specialty, qualification, diploma number) | Position to be filled, from what date | Data on the readiness of a civil servant to move to another locality (to fill a vacant position in the civil service) | In the reserve of which group of positions is enrolled | Date of enrollment in the personnel reserve, order number | Date of exclusion from the personnel reserve, order number | Note |
|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Intelligence
on a federal state civil servant of the Federal Bailiff Service of Russia included in the personnel reserve for filling vacant positions in the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies
_______________________________________________________
(Full name, civil service position to be substituted)
| 1 | Date, month and year of birth | |
|---|---|---|
| 2 | The level of education | |
| 2.1 | What schools and when did you graduate | |
| 2.2 | Diploma specialty | |
| 2.3 | Diploma qualification | |
| 2.4 | Academic degree, academic title (by whom and when awarded) | |
| 2.5 | State awards, other forms of distinction | |
| 3 | What foreign languages and languages of the peoples of the Russian Federation does he speak and to what extent | |
| 4 | Office equipment skills | |
| 5 | The presence of a class rank, diplomatic rank, military rank, special rank | |
| 6 | Attitude towards military service | |
| 7 | Address (address of registration and actual residence) | |
| 8 | Contact phones or other form of communication | |
| 9 | Availability of issued access to information constituting a state secret for the period of work, service, study (its form, number and date) | |
| 10 | Length of service in the Russian Federation (years) | |
| 11 | Work experience in the specialty (years), indicate the specialty | |
| 12 | Date of inclusion in the personnel reserve | |
| 13 | When testing for inclusion in the personnel reserve, total points were scored (maximum possible / actually scored) | |
| 14 | Date of the interview with the Deputy Director of the FSSP of Russia in charge of the relevant area of activity | |
| 15 | Information on the refusal of a state civil servant of the FSSP of Russia to fill a vacant position (position of the federal state civil service, date and reasons for refusal) | |
| 16 | Data on the appointment to the position of the federal state civil service |
I approve
Director of the Federal Service
bailiffs - chief bailiff
bailiff of the Russian Federation
A.O. Parfenchikov
"______" _____________ 20___
personal plan
preparation of an applicant for filling vacant positions in the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies
(Full Name,
________________________________________________________________________,
replacement position)
enlisted in 20_ in the personnel reserve for appointment to the position:
________________________________________________________________________,
Job title)
______________________________
Head of Department
public service and personnel __________________________________
signature I.O. Surname
Agreed
Deputy Director
Federal Judicial Service
bailiffs - deputy chief
bailiff
Russian Federation __________________________________
signature I.O. Surname
Familiarized
_________________________________________________________________________
(replaceable position of the applicant)
_______________________________________
signature I.O. Surname
Order of the Federal Bailiff Service dated March 31, 2011 No. 106 "On approval of the Regulations on the organization of work on the formation of a personnel reserve to fill vacant positions in the federal state civil service of the head of the territorial body of the Federal Bailiff Service - the chief bailiff of a constituent entity of the Russian Federation and his deputies"
Document overview
It is fixed how the personnel reserve is formed to fill the following vacancies in the territorial body of the FSSP of Russia. The head is the chief bailiff of the subject of the Russian Federation. Deputy of this official.
The personnel reserve includes civil servants of the FSSP of Russia who have been selected and included in the lists for systematic targeted training for appointment to these positions.
It is established how the optimal number of the reserve is determined. It must be at least 1.5 candidates per position for each position.
The criteria that are taken into account in the selection of candidates are listed.
The candidate is checked for compliance with the restrictions and prohibitions associated with the civil service. The results of his professional activity are also analyzed. The candidate is tested to test his knowledge and skills. Conducted personal and professional diagnostics, interviews. It is determined how the personal file of the candidate is formed.
Civil servants enlisted in the reserve are being trained. It includes theoretical and practical parts. For these civil servants, a personal training plan is drawn up.
The grounds under which they are excluded from the reserve are determined.
Forms of required documents are given.