Draft resolution of the Government - About the adoption of the Provision on service in municipal police


To pass to contents

part 1: general provisions, positions and special ranks, a legal status (status) of the employee, emergence and change of legal relationship, a service order in municipal police

PROJECT

GOVERNMENT OF THE RUSSIAN FEDERATION

Resolution
from _____________ N ______

About the adoption of provision on service in municipal police

According to the Federal law «About municipal police in the Russian Federation» the Government of the Russian Federation decides:
To approve the enclosed Provision on service in municipal police.

Prime Minister
Russian Federation



It is approved
Government resolution
Russian Federation
№ ____ from ________


Provision
on service in municipal police

Contents:
Chapter 1. General provisions

Article 1. Main terms
Article 2. Subject of regulation of the present Provision
Article 3. Legal regulation of service in municipal police
Article 4. The principles of service in municipal police
Article 5. Interrelation of service in municipal police and services in law-enforcement bodies
Chapter 2. Positions in municipal police. Special ranks
Article 6. Positions in municipal police
Article 7. Classification of positions in municipal police
Article 8. Special ranks
Article 9. Qualification requirements to positions in municipal police
Chapter 3. Legal status (status) of the employee of municipal police
Article 10. Employee of municipal police
Article 11. Rights of the employee of municipal police
Article 12. Fundamental obligations of the employee of municipal police
Article 13. Requirements to office behavior of the employee of municipal police
Article 14. Restrictions, the duties and a ban connected with service in municipal police
Article 15. Responsibility of the employee of municipal police
Article 16. Uniform, signs of distinction of the employee of municipal police and departmental distinctions
Chapter 4. Emergence and change of legal relationship on service in municipal police
Article 17. The right of revenues to service in municipal police
Article 18. The documents submitted by the citizen for revenues to service to municipal police
Article 19. Consideration of the documents submitted by the citizen for revenues to service to municipal police, and adoption of decisions on them
Article 20. The bases of emergence and change of legal relationship on service in municipal police
Article 21. The contract on service in municipal police
Article 22. Types and period of validity of the contract
Article 23. Contents of the contract
Article 24. Test at revenues to service in municipal police
Article 25. Replacement of positions in municipal police on competition
Article 26. Emergence and change of legal relationship on service in municipal police during action of the martial law
Chapter 5. A service order in municipal police
Article 27. Appointment to positions in municipal police
Article 28. Oath of the employee of municipal police of the Russian Federation
Article 29. Official regulations (duty regulations)
Article 30. Translation of the employee of municipal police
Article 31. Temporary fulfillment of duties
Article 32. Certification of the employee of municipal police
Article 33. Combination of duties on service in municipal police. Combining jobs
Article 34. Service in municipal police in special conditions
Article 35. Stay of service in municipal police
Article 36. An experience of service (length of service) in municipal police
Article 37. Personal information of staff of municipal police, maintaining their personal records and documents of the accounting of employees
Article 38. Register of staff of municipal police
Chapter 6. Assignment of special ranks
Article 39. General conditions of assignment and preservation of special ranks
Article 40. Terms of a period of service in special ranks
Article 41. Assignment of the first and next special ranks
Article 42. Assignment of special ranks ahead of schedule or is one step above
Article 43. Stay of assignment of the next special rank
Article 44. Assignment of special ranks to the citizens serving in law-enforcement bodies, military service, the public civil service or municipal service
Chapter 7. Office discipline in municipal police
Article 45. Office discipline
Article 46. Encouragement measures
Article 47. Violation of office discipline
Article 48. Disciplinary punishments
Article 49. Collectings for non-compliance with restrictions and a ban, requirements about prevention or about a settlement of conflicting interests and non-execution of the duties established for corruption counteraction
Article 50. An application order to the staff of municipal police of measures of encouragement and an imposing order on them disciplinary punishments
Article 51. An imposing order on the staff of municipal police of collectings for corruption offenses
Article 52. Functional audit check
Chapter 8. Working hours and time of rest of the employee of municipal police
Article 53. Working hours
Article 54. Mode of working hours
Article 55. Rest time
Article 56. Holidays on service in municipal police
Article 57. Main holiday
Article 58. Additional holidays
Article 59. Extension of the main holiday or additional holiday
Article 60. Holiday on personal circumstances
Article 61. Other types of holidays
Article 62. A response of the employee of municipal police from holiday
Article 63. Release of the employee of municipal police from performance of official duties in connection with temporary disability
Chapter 9. Guarantees of social protection of the employee of municipal police
Article 64. Compensation of the employee of municipal police
Article 65. Housing, medical and sanatorium support of the employee of municipal police and members of his family
Article 66. Insurance guarantees to the employee of municipal police and payment for the indemnification caused in connection with performance of official duties. Guarantees in connection with dismissal from service in municipal police
Article 67. Ware and food supply of the employee of municipal police
Article 68. Provision of pensions of staff of municipal police and members of their families
Chapter 10. A settlement of conflicting interests and permission of office disputes in municipal police
Article 69. The conflict of interests in municipal police
Article 70. Office dispute in municipal police
Article 71. Temporary discharge of the employee of municipal police from performance of official duties
Article 72. Restoration on service in municipal police
Chapter 11. Formation of personnel structure of municipal police
Article 73. Principles and main directions of formation of personnel structure of municipal police
Article 74. Training for municipal police
Article 75. The municipal order for training for municipal police
Article 76. A personnel reserve for replacement of positions in municipal police
Article 77. Personnel work in municipal police
Chapter 12. The termination of service in municipal police
Article 78. The bases of the termination of service in municipal police
Article 79. Dismissal from service in municipal police
Article 80. Bases of the termination or cancellation of the contract
Article 81. Dismissal in connection with loss of trust
Article 82. Cancellation of the contract by agreement of the parties
Article 83. Cancellation of the contract and dismissal from service in municipal police at the initiative of the employee of municipal police
Article 84. Cancellation of the contract at the initiative of the head of municipal police
Article 85. The termination of the urgent contract in connection with the expiration of its action
Article 86. Cancellation of the contract owing to violation of obligatory rules at its conclusion
Article 87. The termination of the contract on reaching age limit of stay on service in municipal police
Article 88. A dismissal order from service in municipal police
Article 89. Burial and afterfeast of honors
Chapter 13. Financing of service in municipal police. Supervision and control of observance of the legislation of the Russian Federation on service in municipal police
Article 90. Financing of service in municipal police
Article 91. Bodies of the state supervision and control of observance of the legislation of the Russian Federation on service in municipal police

Chapter 1. General provisions

Article 1. Main terms
The applied terms mean for the present Provision:
1) service in municipal police – a special type of municipal service, representing professional office activity of citizens of the Russian Federation (further - citizens) at positions in municipal police of administration of municipalities of the Russian Federation (further - municipal police), in cases and on conditions which are provided by the present Provision, the Federal Law "About municipal police in the Russian Federation" other federal laws and (or) regulations of the President and the Government of the Russian Federation;
2) positions in municipal police - positions of staff of municipal police which are established by the municipal legal act;
3) the head of municipal police of administration of municipality - the person which is replacing a municipal position and carrying out powers of the employer on behalf of administration of municipality concerning the staff of municipal police and allocated in accordance with the established procedure with powers on the management of other staff of municipal police;
4) the authorized head - the deputy head of municipal police of administration of municipality allocated in accordance with the established procedure with powers of the employer on behalf of administration of municipality concerning the staff of municipal police and everything, or separate powers on the management of other staff of municipal police including it is temporary.

Article 2. Subject of regulation of the present Provision
1. A subject of regulation of the present Provision are the legal relationship connected with revenues to service in municipal police of administration of municipality, its passing and the termination and also with definition of a legal status (status) of the employee of municipal police.
2. The legal relationship connected with passing in municipal police of municipal service at positions of employees of municipal police for which assignment of special ranks isn't provided, the labor relations - the labor legislation are regulated by the legislation of the Russian Federation on municipal service, and.

Article 3. Legal regulation of service in municipal police
1. Regulation of the legal relationship connected with service in municipal police is carried out according to:
1) Constitution of the Russian Federation;
2) present Provision;
3) The federal law «About municipal police in the Russian Federation», and other federal laws regulating the legal relationship connected with service in municipal police;
4) regulations of the President of the Russian Federation;
5) regulations of the Government of the Russian Federation;
6) the regulations of subjects of the Russian Federation and municipalities issued within their competence.
2. In the cases which aren't settled by the regulations of the Russian Federation specified regarding 1 present article standards of the labor legislation are applied to the legal relationship connected with service in municipal police.

Article 4. The principles of service in municipal police
1. The service in municipal police is carried out according to the basic principles of construction and functioning of system of municipal service of the Russian Federation established by the Federal law of March 02, 2007 N 25-FZ «About municipal service in the Russian Federation».
2. The principles of service in municipal police are:
1) one-man management and subordination (subordination) on service in municipal police;
2) obligatory professional selection at equal access for citizens to service in municipal police and creation of opportunities for promotion irrespective of a floor, race, a nationality, an origin, property and official capacity, a residence, the relation to religion, belief, belonging to public associations, and also from other circumstances which aren't connected with professional and business qualities of the employee of municipal police;
3) interrelation of restrictions, duties, ban, responsibility on service in municipal police and social guarantees of the employee of municipal police (further also - the employee).
3. The principles of service in municipal police are realized at observance of the following provisions:
1) the employee of municipal police in the activity is guided by the legislation of the Russian Federation, nobody has the right to interfere with lawful activity of the employee, except the persons who are directly authorized on that by the legislation of the Russian Federation regulating activity of municipal police;
2) the employee of municipal police when performing official duties submits only to direct heads (chiefs). Direct heads (chiefs) of the employee are heads (chiefs) to whom he is subordinated on service, including is temporary; the direct head (chief), next to the employee, is his direct head (chief); the employees who aren't subordinated each other on service can be senior or younger on subordination; the seniority of employees is determined by the replaced position and in case employees replace equivalent positions, - by a special rank;
3) for the employee of municipal police implementation of orders and the orders of heads (chiefs) made in accordance with the established procedure and not contradicting the legislation of the Russian Federation is obligatory;
4) restriction of the rights and freedoms of the person and citizen on the employee of municipal police is allowed by the legislation of the Russian Federation in that measure in what it is necessary for performance of the tasks connected with protection of bases of the constitutional system, moral, health, the rights and legitimate interests of other persons and for safety of the state;
5) the employee of municipal police has no right to refuse performance of the official duties if these duties are provided by the contract on service in municipal police (further - the contract) or official regulations (duty regulations) and necessary security measures are taken for performance of these duties;
6) the employee of municipal police is forbidden to consist in political parties, financially to support political parties and to take part in their activity. At implementation of office activity the employee shouldn't be connected by decisions of political parties, other public associations and the religious organizations.

Article 5. Interrelation of service in municipal police and services in law-enforcement bodies
1. The interrelation of service in municipal police and services in law-enforcement bodies is provided on the basis of the principles of its construction and functioning, and also by means of: 1) unities of the main qualification requirements for replacement of positions of municipal police and positions in law-enforcement bodies;
2) establishments of restrictions and obligations at service in municipal police and services in law-enforcement bodies;
3) the accounting of an experience of service in municipal police at calculation of an experience of service in law-enforcement bodies;
4) sootnositelnost of special ranks.

Chapter 2. Positions in municipal police. Special ranks

Article 6. Positions in municipal police
1. Positions in municipal police are established for direct execution, the organization and ensuring execution of powers of municipal police.
2. The list of standard positions in municipal police and the special ranks corresponding to them is approved by the Government of the Russian Federation.
3. On the basis of the list of standard positions in municipal police can be established by the head of municipal police of administration of municipality taking into account features of functioning corresponding to standard positions on the legal status of a position with other names - non-standard positions.

Article 7. Classification of positions in municipal police
1. Positions in municipal police are subdivided on:
1) positions of the senior commanding structure;
2) positions of the average commanding structure;
3) positions of the younger commanding structure;
4) positions of ordinary structure.

Article 8. Special ranks
1. The special ranks established on positions in municipal police are appropriated according to the present Provision.
2. The following special ranks are established:
1) ordinary structure:
a) lance sergeant of municipal police;
b) sergeant of municipal police;
2) the younger commanding structure:
a) staff sergeant of municipal police;
3) the average commanding structure:
a) lieutenant of municipal police;
b) senior lieutenant of municipal police;
c) captain of municipal police;
4) the senior commanding structure:
a) major of municipal police;
b) lieutenant colonel of municipal police;
c) colonel of municipal police.
3. The special rank is given to the employee of municipal police according to the replaced position.
4. At replacement of positions of the commanding structure the following limit special ranks are established:
1) the staff sergeant of municipal police - at replacement of positions of the younger commanding structure;
2) the captain of municipal police - at replacement of positions of the average commanding structure;
3) the colonel of municipal police - at replacement of positions of the senior commanding structure;
5. Lists of positions of ordinary structure, younger, average and the senior commanding structure, and special ranks corresponding to them are approved by the head of municipal police, on the basis of the present Provision of the list of standard positions provided by article 6 in municipal police and the special ranks corresponding to them.

Article 9. Qualification requirements to positions in municipal police
1. The number of the qualification requirements to positions in municipal police established according to structures of positions in municipal police includes requirements to education level, an experience of service in municipal police or to an experience (experience) of work in the specialty, to the professional knowledge and skills, a state of health of staff of municipal police necessary for performance of obligations for the replaced position (further also - official duties).
2. Qualification requirements to positions in municipal police provide existence for positions of ordinary structure and the younger commanding structure of the secondary general education, for positions of the average commanding structure - educations aren't lower than an average professional, corresponding to activity, for positions of the senior commanding structure - the higher education corresponding to activity.
3. Qualification requirements to an experience of service in municipal police or to an experience (experience) of work in the specialty, to the education, professional knowledge and skills of the employee of municipal police necessary for performance of official duties, are established:
1) the head of municipality - concerning positions of the senior commanding structure;
2) the head of municipal police - concerning positions of ordinary structure, younger and the average commanding structure.
4. Requirements to a state of health of the citizens coming on service to municipal police and the staff of municipal police depending on positions and features of service at separate positions are established by the head of municipal police. An order of passing by the citizens coming on service to municipal police, and the staff of municipal police of military-medical examination and an order of professional psychological selection in municipal police are appointed by the Government of the Russian Federation.
5. By results of military-medical examination of the citizens coming on service to municipal police and the staff of municipal police by the military-medical commission draws the conclusion about the validity of such citizens and employees to service in municipal police on the following categories:
A - it is suitable for service in municipal police;
B - is suitable for service in municipal police with insignificant restrictions;
V - restrictedly it is suitable for service in municipal police;
G - it is temporarily not suitable for service in municipal police;
D - it isn't suitable for service in municipal police.

Chapter 3. Legal status (status) of the employee of municipal police

Article 10. Employee of municipal police
1. The employee of municipal police - the citizen who assumed obligations for passing of municipal service in municipal police as the private or the commanding structure and to which in the order established by the present Resolution the special rank of the private or the commanding structure is given.
2. The legal status (status) of the employee of municipal police is defined present the Resolution, the Federal law of the Russian Federation "About municipal police in the Russian Federation" by other federal laws and regulations regulating services in municipal police.
3. To the employee of municipal police the business card and a special counter with personal number are issued. Samples of the business card and a special counter of the employee of municipal police and an order of their delivery are approved by the Government of the Russian Federation. The business card of the employee of municipal police is the document confirming the employee's personality, his belonging to division of municipal police, a position and a special rank of the employee. The business card of the employee of municipal police confirms his right for carrying and storage of firearms and (or) special means, other rights and powers conferred to the employee by the legislation of the Russian Federation.

Article 11. Rights of the employee of municipal police
1. The employee of municipal police has the right:
1) on the conditions necessary for performance of official duties and professional development;
2) on acquaintance with official regulations (duty regulations) and other documents defining its rights and obligations for the replaced position with criteria of an assessment of efficiency of performance of official duties, indicators of productivity of office activity and conditions of promotion in municipal police;
3) on rest according to the legislation of the Russian Federation;
4) on the monetary contents which is the main means of its material security and stimulation of performance of official duties by it;
5) on receiving in accordance with the established procedure information and the materials necessary for performance of official duties, and also on introduction of offers on improvement of activity of municipal police;
6) on access in accordance with the established procedure to the data which are the state and protected by the law other secret if performance of official duties is connected with use of such data;
7) on access in accordance with the established procedure in connection with performance of official duties in the government and municipal bodies, public associations and the organizations;
8) on acquaintance with reviews of its office activity and other documents determined by local governments before their entering into a personal record, with materials of a personal record in the order determined by the Government of the Russian Federation and also on familiarizing with a personal record of his written explanations both other documents, and materials;
9) on protection of the personal information;
10) on promotion in municipal police taking into account results of office activity, an experience of service, a skill level and professional education;
11) on passing in accordance with the established procedure the basic and an additional vocational education;
12) for consideration of office dispute according to the legislation of the Russian Federation;
13) on carrying out according to his statement of functional audit check;
14) on the address to officials, higher as subordination, in higher bodies or in court for protection of the rights and legitimate interests, and also for settlement of disputes, connected with service in municipal police;
15) on the state protection of his life and health, life and health of members of his family, and also belonging to it and members of his family of property;
16) on the state provision of pensions according to the federal law;
17) on a medical support according to the legislation of the Russian Federation;
18) on appropriate organizational and technical and sanitary and hygienic conditions of service taking into account features of service in municipal police;
19) on use of physical force, special means and firearms in cases and an order which are provided by the Federal law «About municipal police in the Russian Federation»;
20) on creation and participation in activity of the public associations which aren't pursuing political goals in time, free from performance of official duties, if it doesn't involve emergence of the conflict of interests.
2. The employee of municipal police has the right for carrying and storage of firearms and (or) special means in the order established by the Government of the Russian Federation.
3. The rights of the employee of municipal police are defined by also Federal law «About municipal police in the Russian Federation».
4. The rights of the employee of municipal police in municipal police are determined by the replaced position by official regulations (duty regulations).
5. Other rights can be granted to the employee of municipal police according to the legislation of the Russian Federation.

Article 12. Fundamental obligations of the employee of municipal police
1. The employee of municipal police is obliged:
1) nobility and observe the Constitution of the Russian Federation, legislative and other regulations of the Russian Federation in the sphere of law-enforcement activity, to provide their execution; to take place in the order established by the Government of the Russian Federation, regular checks of knowledge of the Constitution of the Russian Federation, legislative and other regulations of the Russian Federation in the specified sphere;
2) nobility and execute official regulations (duty regulations) and the provisions of other documents defining it the rights and official duties to execute orders and orders of direct heads (chiefs), and also to be guided by the legislation of the Russian Federation when obtaining the order or order of the direct or direct head (chief), obviously contradicting the legislation of the Russian Federation;
3) to address on office questions to the direct head (chief), and if necessary and to the direct head (chief), having informed thus the direct head (chief);
4) to observe when performing official duties of the right and legitimate interests of citizens, public associations and the organizations;
5) to observe the internal office schedule, in perhaps short terms to report to the direct head (chief) the accident, approach of temporary disability and other circumstances excluding possibility of performance by the employee of the official duties;
6) to support the skill level necessary for appropriate performance of official duties, in accordance with the established procedure to pass a vocational education;
7) not to disclose the data which are the state and protected by the law other secret, and also data which became to it known in connection with performance of official duties, including the data concerning private life and health of citizens or mentioning their honor and advantage;
8) to protect the office property including provided to it for performance of official duties;
9) to represent in the order established by the legislation of the Russian Federation, data on the income, expenses, on property and obligations of property character, and also on the income, expenses, on property and obligations of property character of the of the spouse (spouse) and minor children;
10) to report to the direct head (chief) about filing of application about an exit from citizenship of the Russian Federation in day of filing of application;
11) to report to the direct head (chief) about an exit from citizenship of the Russian Federation or about acquisition of nationality (citizenship) of the foreign state in day of an exit from citizenship of the Russian Federation or in day of acquisition of nationality (citizenship) of the foreign state;
12) not to allow abuses of office powers, to observe the restrictions and a ban connected with service in municipal police set by federal laws and also to observe requirements to office behavior of the employee;
13) to report to the direct head (chief) about emergence of personal interest which can lead to emergence of the conflict of interests when performing official duties, and take measures for prevention of such conflict;
14) to notify in the order established by the legislation of the Russian Federation on corruption counteraction, on each case of the address to him of any persons for inducement to commission of a corruption offense;
15) to conform on the level of physical preparation to qualification requirements to the replaced position in municipal police;
16) to undergo periodic testing for professional suitability to actions in the conditions connected with use of physical force, special means and firearms;
17) to take place annually in the order established by the Government of the Russian Federation, the routine medical examinations including chemical and toxicological researches of existence in a human body of drugs, psychotropic substances and their metabolites, and also on the direction of the authorized head medical examination (inspection) including on a state of intoxication (alcoholic, drug or other toxic intoxication);
18) in the order established by article 31 of the present Provision according to the decision of the authorized head temporarily to fulfill the duties which aren't provided by official regulations (duty regulations) on the replaced position in municipal police without release from the replaced position;
19) to pass obligatory state dactyloscopic registration according to the federal law;
20) nobility and observe requirements of protection of professional office activity (labor protection).
2. Fundamental obligations of the employee of municipal police are defined by also Federal law «About municipal police in the Russian Federation».
3. Other fundamental obligations can be assigned to the employee of municipal police according to the legislation of the Russian Federation.
4. Official duties of the employee of municipal police in municipal police are determined by the replaced position by official regulations (duty regulations).

Article 13. Requirements to office behavior of the employee of municipal police
1. At implementation of office activity, and also in off-duty time the employee of municipal police has to:
1) to recognize that recognition, observance and protection of the rights and freedoms of the person and citizen define the content of its professional office activity;
2) to care of preservation of the of honor and advantage, not to allow decision-making for reasons of personal interest, not to make the acts raising doubts in objectivity, justice and impartiality of the employee, causing damage to its reputation, authority of municipal police, and also the government when performing official duties;
3) to show respect, politeness, tactfulness in relation to citizens, within office powers to render them assistance in realization of their rights and freedoms;
4) to observe a neutrality, not to give preference to any political parties, other public associations, religious and other organizations, professional or social groups, citizens;
5) not to allow public statements, judgments and estimates, including in mass media, concerning government bodies, officials, political parties, other public associations, religious and other organizations, professional or social groups, citizens if it doesn't belong to its official duties;
6) to show respect for national customs and traditions, to consider cultural and other features of various ethnic and social groups, not to allow the actions breaking an international and interfaith consent;
7) to carry out official duties honestly, at the high professional level;
8) to carry out official duties within competence of the municipal police established by the legislation of the Russian Federation.
2. The employee of municipal police replacing a position of the head (chief) is obliged not to allow cases of compulsion of employees to participation in activity of political parties, other public associations and the religious organizations.
3. Requirements to office behavior of the employee of municipal police, are defined by also Federal law «About municipal police in the Russian Federation».
4. Other requirements to office behavior of the employee of municipal police are defined according to the legislation of the Russian Federation.

Article 14. Restrictions, the duties and a ban connected with service in municipal police
1. The employee of municipal police can't be on service in municipal police in the following cases:
1) recognition its incapacitated or is limited capable by a court decision, entered into force;
2) his condemnation for a crime under sentence of court, entered into force, and is equal existence of the criminal record including removed or extinguished;
3) the termination concerning its criminal prosecution behind lapse of time, in connection with reconciliation of the parties (except criminal cases of private charge), owing to the act of amnesty, in connection with active repentance, except for cases if at the time of consideration of a question of possibility of finding of the employee of municipal police on service the crime of act, earlier to them perfect, is eliminated with the criminal law;
4) refusal of passing of procedure of registration of the admission to the data which are the state and protected by the law other secret if performance of official duties on the replaced position is connected with use of such data;
5) discrepancy to the requirements to a state of health of staff of municipal police established by the Government of the Russian Federation;
6) close relationship or property (parents, spouses, children, brothers, sisters, and also brothers, sisters, parents, children of spouses and the spouse of children) with the employee of municipal police if replacement of a position is connected with direct subordination or a submission to control of one of them to another;
7) an exit from citizenship of the Russian Federation;
8) acquisition or existence of nationality (citizenship) of the foreign state;
9) submission of false documents or obviously false data at revenues to service in municipal police.
2. On the employee of municipal police the restrictions, a ban and duties established by the Federal law of December 25, 2008 N 273-FZ «About corruption counteraction» and the Federal law of March 02, 2007 N 25-FZ «About municipal service in the Russian Federation» except for the restrictions, a ban and duties interfering implementation by the employee of the office activity extend.
3. Consideration of the questions concerning observance by the staff of municipal police of restrictions and a ban, execution by them the duties established by the Federal law of December 25, 2008 N 273-FZ «About corruption counteraction» and other federal laws is carried out in the order determined by the President of the Russian Federation.

Article 15. Responsibility of the employee of municipal police
1. The employee of municipal police bears criminal liability according to the legislation of the Russian Federation for commission of crime.
2. The employee of municipal police bears a disciplinary responsibility according to the present Provision for commission of an administrative offense, except for an administrative offense for which commission the employee is subject to administrative responsibility in accordance with general practice according to the Code of the Russian Federation about administrative offenses.
3. For violations of office discipline disciplinary punishments are imposed on the employee of municipal police according to articles 48 - 51 present Provision.
4. The harm done to citizens and the organizations by illegal actions (inaction) of the employee of municipal police when performing of official duties by it is subject to compensation in the order established by the legislation of the Russian Federation. In case of compensation by local governments of municipality of the harm done by illegal actions (inaction) of the employee, the local government of municipality has the right of the return requirement (regress) to the employee at a rate of the paid compensation for what the local government of municipality can appeal to court with the corresponding statement of claim.
5. For the damage caused to local governments of municipality, the employee of municipal police bears a liability in an order and cases which are established by the labor legislation.

Article 16. Uniform, signs of distinction of the employee of municipal police and departmental distinctions
1. For reflection of belonging of the employee of municipal police to service in municipal police for it the uniform and signs of distinction on special ranks are established. Descriptions of uniform and signs of distinction on special ranks and rules of carrying uniform are approved by the Government of the Russian Federation.
2. Departmental distinctions of the employee of municipal police, distinction signs on the employee's belongings to municipal police of administration of the relevant municipality and their description also decide by the decision of local governments of municipality on the obligatory notice of such decision of the head of territorial division of federal executive authority in the sphere of internal affairs.
3. Carrying uniform according to the decision of the head of municipality which part the division of municipal police is can be authorized to the citizens having special ranks of the senior commanding structure, dismissed from service in municipal police with the right for pension.

Chapter 4. Emergence and change of legal relationship on service in municipal police

Article 17. The right of revenues to service in municipal police
1. On service citizens have the right to come to municipal police not more young than 18 years irrespective of a floor, race, a nationality, an origin, property and official capacity, a residence, the relation to religion, belief, the belongings to public associations knowing a state language of the Russian Federation, conforming to the qualification requirements established by the present Provision capable on the personal and business qualities, physical preparation and a state of health to carry out official duties of the employee of municipal police.
2. The age limit for replacement of positions in municipal police makes - 35 years:
3. Age restrictions for revenues to service in municipal police of the citizens who were earlier serving in municipal police or in law-enforcement bodies on which assignment of special (military) ranks is provided are defined by the age restrictions for stay on service in municipal police set by article 87 of the present Provision.
4. The citizen can't be employed in municipal police in the cases provided by points 1, 2, 4 - 9 parts 1 of article 14 of the present Provision, and also in cases, if he:
1) has the residence permit or other document confirming the right for its continuous accommodation in the territory of the foreign state;
2) is suspected or accused on criminal case;
3) repeatedly within the year preceding day of revenues to service in municipal police I was in a judicial proceeding administrative punished for perfect deliberately administrative offenses;
4) I was exposed to criminal prosecution which was stopped concerning it behind lapse of time, in connection with reconciliation of the parties (except the criminal cases of private charge stopped not less than in three years prior to day of revenues to service in municipal police), owing to the act of amnesty, in connection with active repentance, except for cases if at the time of consideration of a question of possibility of acceptance on service the crime of act, earlier to them perfect, is eliminated with the criminal law;
5) I don't agree to observe restrictions and a ban, to fulfill duties and to bear responsibility if these restrictions, a ban, duties and responsibility are established for the staff of municipal police by the present Provision and other legislation of the Russian Federation regulating service in municipal police.
5. The citizens coming on service to municipal police pass in the order determined by the Government of the Russian Federation, psychophysiological researches (inspections), testing directed on identification of consumption without appointment of the doctor of drugs or psychotropic substances and abuse of alcohol or toxic substances.

Article 18. The documents submitted by the citizen for revenues to service to municipal police
1. For revenues to service in municipal police the citizen personally presents to personnel division of municipal police:
1) the statement with a request for revenues to service in municipal police in the form established by the Government of the Russian Federation (further - the statement);
2) passport of the citizen of the Russian Federation;
3) with own hand completed and signed questionnaire in the form established by the Government of the Russian Federation;
4) with own hand written autobiography;
5) documents on education and (or) on qualification;
6) documents of the military account - for persons liable for call-up and citizens who are subject to an appeal on military service;
7) the service record, except for cases if office (labor) activity is carried out for the first time or if the service record is lost, or the copy of the service record if the citizen at the time of studying of its documents works according to the employment contract;
8) the notice or the certificate on registration in tax authority;
9) data on the income, on property and obligations of property character, and also on the income, on property and obligations of property character of the of the spouse (spouse) and minor children in the form established by the legislation of the Russian Federation;
10) the consent expressed in writing to carrying out the actions connected with registration of the admission to the data which are the state and protected by the law other secret, and check of reliability of the data reported by the citizen;
11) the consent expressed in writing to processing of personal information of the citizen for studying of possibility of its reception on service in municipal police.
2. Other documents, besides specified regarding 1 present article, are submitted in the cases established by the legislation of the Russian Federation.
3. The documents specified in points 2, 5 - 8 parts of 1 present article, after assurance of their copies by the authorized official come back to the citizen in day of their representation.
4. A documents acceptance order for revenues to service in municipal police and the list of the officials having the right to accept the specified documents are approved by the Government of the Russian Federation.

Article 19. Consideration of the documents submitted by the citizen for revenues to service to municipal police, and adoption of decisions on them
1. The list of the authorized heads and other officials allocated with the right of consideration of the documents submitted by the citizen for revenues to service to municipal police, and adoption of decisions on them is approved by the Government of the Russian Federation.
2. The authorized head within three months from the date of adoption of the statement provides carrying out concerning the citizen of the actions connected with the admission to the data which are the state and protected by the law other secret, check of reliability of the data reported by it, check of level of physical preparation and directs the citizen for passing of medical examination (inspection) and carrying out actions for professional psychological selection.
3. The term of carrying out check of reliability of the data reported by the citizen can be prolonged by the authorized head about four months with the written notice of it of the citizen.
4. By results of consideration of the documents submitted by the citizen for revenues to service to municipal police taking into account the conclusion of the military-medical commission, results of psychophysiological researches (inspections), the testings directed on identification of consumption without appointment of the doctor of drugs or psychotropic substances and abuse of alcohol or toxic substances, professional psychological selection and level of physical preparation by the authorized head one of the following decisions is accepted:
1) about the conclusion with the citizen of the employment contract with a condition about the test provided by article 24 of the present Provision;
2) about the admission to participation in contest for post in municipal police;
3) about the conclusion with the citizen of the contract;
4) about refusal to the citizen in reception on service in municipal police.
5. About the decision accepted according to part 4 of the present article, the authorized head tells in writing to the citizen in ten-day time from the date of adoption of the relevant decision.
6. The order of carrying out the checks provided by part 2 of the present article is established by the Government of the Russian Federation.

Article 20. The bases of emergence and change of legal relationship on service in municipal police
1. Legal relationship on service in municipal police between administration of municipality and the citizen arise and are carried out on the basis of the contract signed according to the present Provision. The contract comes into force from the date of, the head of municipal police or the head of municipality determined by the order on appointment of the citizen to a position in municipal police if other isn't provided by the present Provision.
2. In cases and an order which are established by the legislation of the Russian Federation, legal relationship between administration of municipality and the citizen (the employee of municipal police) arise on the basis of the contract as a result:
1) revenues to service in municipal police by results of competition;
2) appointments to the post in municipal police;
3) reinstatement in municipal police according to the legislation of the Russian Federation.
3. Change of legal relationship on service in municipal police (appointment of the employee of municipal police to other position in municipal police) is carried out on the basis of a consent or the petition of the employee expressed in writing in his address to the head of administration of municipality, the head of municipal police or other authorized head (further - the official report). The employee also specifies in the official report that he studied official regulations (duty regulations), the main conditions of service in municipal police, an established order of calculation and payment of the monetary contents, the mode of working hours and rest (if this mode differs from the general rules of the internal office schedule established in municipal police).
4. Without consent of the employee of municipal police of legal relationship on service in municipal police change only in the cases provided by the present Provision and the Federal law «About municipal police in the Russian Federation».
5. If after the conclusion of the contract the employee of municipal police is appointed to other position in municipal police, it doesn't demand renewal of the contract signed for an indefinite term. Such appointment is made out by the order of the head of municipality, the head of municipal police or other authorized head at observance of provisions of part 3 of the present article. In this case corresponding changes are made to the contract.
6. In case of refusal the citizen (the employee of municipal police) elected on competition for replacement of a position in municipal police from the conclusion of the contract the order on appointment to the post in municipal police isn't issued.

Article 21. The contract on service in municipal police
1. The contract - the agreement between the head of administration of municipality or the authorized head of municipal police and the citizen coming on service to municipal police, or the employee of municipal police about service in municipal police. The rights and obligations of the parties are established by the contract.
2. The head of municipality or the authorized head of municipal police undertakes to provide to the citizen coming on service to municipal police and the employee of municipal police service in municipal police according to the present Provision, in due time and in full to pay to the employee the monetary contents and to provide it the social guarantees established by the law and the present Provision.
3. The citizen coming on service to municipal police, and the employee of municipal police at the conclusion of the contract undertake to carry out official duties according to official regulations (duty regulations) and to observe the restrictions and a ban connected with service in municipal police, and also the internal office schedule of municipal police.

Article 22. Types and period of validity of the contract
1. With the citizen for the first time coming on service to municipal police the first contract consists.
2. The contract can consist for an indefinite term or for a certain term.
3. The contract signed for an indefinite term acts before achievement of stay by the employee of age limit on service in municipal police, except for the cases established by the present Provision.
4. The contract for a certain term (further - the urgent contract) consists:
1) with the citizen for the first time coming on service to municipal police for replacement of a position in municipal police, - for three years if other isn't provided by the Federal law «About municipal police in the Russian Federation»;
2) with the citizen coming on service to municipal police or with the employee of municipal police for replacement of a position of temporarily absent employee behind which according to the present Provision or other federal laws the position in municipal police remains, - for absence of the employee;
3) with the employee of municipal police who showed willingness to sign the new urgent contract upon termination of period of validity of the previous urgent contract - for the period defined by agreement of the parties, but not less than for one year;
4) with the employee of municipal police who reached age limit of stay on service in municipal police - for the period defined according to article 87 of the present Provision;
5) in other cases provided by the present Provision and the Federal law «About municipal police in the Russian Federation».
5. The urgent contract consists in cases when the legal relationship connected with service in municipal police can't be established for an indefinite term taking into account the replaced position in municipal police or service conditions if other isn't provided by the present Provision and the Federal law «About municipal police in the Russian Federation».
6. The urgent contract provided by point 1 of part 4 of the present article is considered the prisoner for an indefinite term if in two months prior to the expiration of its action of the party don't declare desire to sign the new urgent contract or to terminate the contract.
7. The contract it is suspended in the cases provided by article 35 of the present Provision.
8. The contract becomes invalid from the date of the termination by the employee of municipal police of service in municipal police, the conclusions with it for the new contract, and also in other cases provided by the present Provision and the Federal law «About municipal police in the Russian Federation».

Article 23. Contents of the contract
1. In the contract date and a place of its conclusion, the name of administration of municipality, a position, a surname, a name, a middle name of the head of municipal police of the relevant municipality or the authorized head, a surname, a name, a middle name of the citizen coming on service to municipal police, or the position, a special rank, a surname, a name, a middle name of the employee of municipal police which are the parties of the contract and other necessary data on the parties of the contract are specified. The rights and obligations of the parties of the contract according to parts 2 and 3 of article 21 of the present Provision are also specified in the contract.
2. The following conditions are provided in the contract:
1) nondisclosure by the employee of municipal police of the data which are the state and protected by the law other secret, confidential information (office secret);
2) other conditions which aren't worsening position of the employee of municipal police in comparison with the situation established by the present Provision.
3. Terms of the contract can be changed only by agreement of the parties and in writing, except for the cases provided by part 1 of article 34 of the present Provision.
4. In case of the conclusion of the urgent contract the term of its action and circumstance (reason) which formed the basis for the conclusion of the urgent contract according to the present Provision and the Federal law «About municipal police in the Russian Federation» are specified in it.
5. The responsibility of the parties for non-performance or inadequate performance of official duties and the assumed obligations according to the legislation of the Russian Federation is provided in the contract. It is forbidden to demand from the employee of municipal police of performance of the duties which aren't established by the contract and official regulations (duty regulations) except for the cases provided by the present Provision and the Federal law «About municipal police in the Russian Federation».
6. The contract consists in writing in duplicate, each of which subscribes by the parties of the contract. One copy of the contract is transferred to the employee of municipal police, another is stored in his personal record. The approximate form of the contract is established by the Government of the Russian Federation.
7. The documents relating to service in municipal police, signed by the parties of the contract can be annexes to the contract.

Article 24. Test at revenues to service in municipal police
1. For the citizen coming on service to municipal police for check of level of its preparation and compliance of a position in municipal police for which replacement it applies, test for a period of two about six months, except for the cases established by parts 10 and 11 of the present article is established.
2. For test the candidate is appointed by the trainee to the corresponding position in municipal police without assignment to it a special rank.
3. During test the trainee carries out duties and has the rights according to the replaced position in municipal police and conditions of the employment contract.
3.1. During test carrying uniform of municipal police, and also carrying and storage of firearms and special means aren't allowed the trainee.
3.2. It is forbidden to use the trainee in actions when there can be a threat of his life or when his independent actions owing to professional unpreparedness can lead to violation, infringement of the rights, freedoms and legitimate interests of citizens.
3.3. During test the trainee along with performance of fundamental obligations and instructions on a position passes individual training across the duty station under the leadership of the direct head (chief) and the mentor from among the skilled staff of municipal police appointed by the order of the authorized head. The order of the organization of individual training of the trainee, studying of its personal and business qualities and an order of an assessment of results of individual training of the trainee are established by the Government of the Russian Federation. During test further studying of business and personal qualities of the trainee is carried out.
4. During test the urgent employment contract is signed with the trainee, on the trainee action of the labor legislation, and also parts 1 - 3 articles 66 of the present Provision extends.
5. Not later than 14 days before the termination of term of test the direct head (chief) of the trainee prepares the conclusion in writing about performance by the trainee of official duties during test. This conclusion after acquaintance of the trainee with it is submitted to the authorized head for the approval.
6. The conclusion has to contain one of the following recommendations:
1) about recognition of the trainee passed test;
2) about recognition of the trainee not passed test.
7. On the basis of the conclusion the authorized head not later than three days before the termination of term of test accepts one of the following decisions:
1) about the conclusion with the trainee of the contract;
2) about cancellation with the trainee of the employment contract in the order established by the labor legislation.
8. In time tests aren't set off the period of temporary disability of the trainee and other periods when it actually didn't carry out official duties. The increase in term of test for the period of temporary disability of the trainee, and also for the period of his absence on service for other good reasons is made out by the order of the authorized head.
9. The term of test is set off in an experience of service in municipal police (length of service). 10. Test isn't established:
1) for the citizens appointed to positions of the senior commanding structure;
2) for the citizens appointed to positions by results of competition.
11. According to the decision of the head of municipal police of the relevant municipality test can not be established for the citizens who were earlier serving in law-enforcement bodies or other federal executive authorities at positions on which assignment of special (military) ranks is provided.

Article 25. Replacement of positions in municipal police on competition
1. Appointment to the separate positions in municipal police included in the list of positions approved by the municipal legal act is carried out by results of competition which consists in an assessment of professional level of applicants for replacement of a position in municipal police, their compliances to the established qualification requirements to the corresponding position.
2. To the applicant for replacement of vacant post in municipal police it can be refused the admission to participation in competition in connection with discrepancy to qualification requirements to this position, and also in connection with the restrictions set by the present Provision and other federal laws for revenues to service in municipal police and its passings.
3. The applicant for replacement of vacant post in municipal police who isn't allowed to participation in the competition having the right to appeal against this decision according to the present Provision.
4. For carrying out competition on replacement of vacant post in municipal police the contest committee, structure and which powers is defined by the municipal legal act is formed.
5. The authorized head and (or) the staff of municipal police determined by it, including from personnel division, legal (legal) division and division in which competition on replacement of vacant post in municipal police, and also representatives of local governments is held are a part of a contest committee. Members of public councils at municipal police, representatives of the educational and scientific organizations - specialists in questions of activity of municipal police can also be a part of a contest committee taking into account provisions of the legislation of the Russian Federation on the state secret with the right of an advisory vote.
6. The structure of a contest committee for carrying out competition on replacement of vacant post in municipal police performance of official duties on which is connected with use of the data which are the state and protected by the law other secret is formed taking into account provisions of the legislation of the Russian Federation on the state secret.
7. The structure of a contest committee is formed so that possibility of the conflict of interests which could influence the decisions made by a contest committee was excluded.
8. The applicant for replacement of vacant post in municipal police has the right to appeal against the solution of a contest committee according to the present Provision.
9. The order and conditions of carrying out competition on replacement of vacant post in municipal police are established by the municipal legal act.

Article 26. Emergence and change of legal relationship on service in municipal police during action of the martial law
During action of the martial law application of articles 20 - 25 present Provisions stop. Features of emergence and change of legal relationship on service in municipal police and feature of service in municipal police during action of the martial law are defined by the President of the Russian Federation.

Chapter 5. A service order in municipal police

Article 27. Appointment to positions in municipal police
1. Appointment to the post of the head of municipal police of municipality and release from this position is carried out by the head of administration of the relevant municipality.
2. Appointment to positions of ordinary structure, younger, average and the senior commanding structure is carried out by the head of municipal police of the relevant municipality in the order determined by the present Provision, the Federal law "About municipal police in the Russian Federation" and regulations of the Government of the Russian Federation.

Article 28. Oath of the employee of municipal police of the Russian Federation
1. The employee who came on service to municipal police is sworn in the employee of municipal police.
2. Text of the Oath of the employee of municipal police of the Russian Federation:
«I, (a surname, a name, a middle name), coming on service to municipal police (the full name of municipality according to the charter), solemnly I swear to respect and protect the rights and freedoms of the person and the citizen, to observe the Constitution of the Russian Federation, laws of the Russian Federation, the legislation (the full name of the subject of the Russian Federation which part is municipality) and (the full name of municipality according to the charter);
to be courageous, honest and vigilant, strictly to observe legality, not to spare the forces in fight against crime;
adequately to execute the office debt and obligations for providing a law and order assigned to me in the territory (the full name of municipality according to the charter) and safety of his inhabitants, to keep the state and office secret!»
3. A reduction order to the Oath of the employee of municipal police:
3.1. Reduction to the Oath is carried out within two months after assignment to employees of special ranks.
3.2. Time, a reduction place to the Oath, a dress code of employees and other circumstances are defined by the municipal legal act. Reduction to the Oath can be carried out in historical places, places of fighting and labor glory, museum establishments, and also at memorial complexes. At a low temperature or rainy weather reduction to the Oath is carried out in rooms.
3.3. On each employee who is sworn in the separate form with the text of the Oath (the annex to the present Provision) is made. After reduction of the employee of municipal police to the Oath, the form copy signed with it with the text of the Oath joins a personal record of the employee.
3.4. Reduction to the Oath is carried out in a festive atmosphere before official symbols of municipality, the subject of the Russian Federation which part the municipality and the Russian Federation is.
3.5. Veterans of municipal police, law-enforcement bodies, armed forces and other law enforcement agencies of the Russian Federation, the staff of municipal police, law-enforcement bodies, armed forces and other law enforcement agencies of the Russian Federation awarded by the state awards of the Russian Federation, members of public councils at local governments, honourable citizens of municipalities and subjects of the Russian Federation, representatives of public authorities, local government and public organizations can be invited to adoption of the Oath.
3.6. Reduction to the Oath of the employees who didn't take the Oath in the determined day is carried out separately under the leadership of the head of municipal police of administration of the relevant municipality.
3.7. Personal responsibility for timely reduction of employees to the Oath is born by the head of municipal police of administration of the relevant municipality.

Article 29. Official regulations (duty regulations)
1. Professional office activity of the employee of municipal police is carried out according to official regulations (duty regulations), the approved (approved) head municipal police.
2. The order of development and the approval of official regulations (duty regulations), their approximate form are established by the Government of the Russian Federation.

Article 30. Translation of the employee of municipal police
1. The translation of the employee of municipal police in the cases established by the present Provision to a higher, equivalent or subordinate position in division of municipal police where he serves is allowed only with the consent of the employee expressed in writing if other isn't provided by the present Provision.
2. The position in municipal police is considered higher if for it higher special rank is provided, than a special rank on a former position in municipal police, and at equality of special ranks - higher official salary.
3. Transfer of the employee of municipal police to a higher position of ordinary structure, younger, average or the senior commanding structure is carried out by results of certification and (or) competition, except for cases if appointment of the employee to a higher position in municipal police is carried out from a personnel reserve in which it consisted according to article 76 of the present Provision.
4. The position in municipal police is considered equivalent if for it the special rank and an official salary equal to a special rank and an official salary on a former position in municipal police are provided.
5. A transfer of the employee of municipal police to an equivalent position in municipal police is made:
1) due to the need of replacement of other position in interests of service;
2) for health reasons according to the conclusion of the military-medical commission;
3) on personal or family circumstances;
4) in connection with reduction of the position replaced by the employee;
5) in connection with recovery of the employee in a position which he replaced earlier in case this position is replaced by other employee;
6) in connection with the termination of the urgent contract;
7) in connection with the termination of the admission, necessary for performance of official duties, to the data which are the state and protected by the law other secret;
8) for elimination of the circumstances connected with direct subordination or a submission to control of the employees who are in the relations of close relationship or property according to the legislation of the Russian Federation.
6. The position in municipal police is considered subordinate if for it lower special rank is provided, than a special rank on a former position in municipal police, and at equality of special ranks - lower official salary.
7. A transfer of the employee of municipal police to a subordinate position in municipal police is made:
1) for health reasons according to the conclusion of the military-medical commission;
2) on personal or family circumstances;
3) in connection with reduction of the position replaced by the employee;
4) as imposing of disciplinary punishment;
5) in connection with recovery of the employee in a position which he replaced earlier in case this position is replaced by other employee and there is no equivalent position;
6) in connection with the termination of the admission, necessary for performance of official duties, to the data which are the state and protected by the law other secret;
7) in connection with discrepancy of the employee of the replaced position (taking into account the recommendation of a certifying commission);
8) for elimination of the circumstances connected with direct subordination or a submission to control of the employees who are in the relations of close relationship or property according to the legislation of the Russian Federation.
8. Transfer of the employee of municipal police to a subordinate position in municipal police on the basis provided by point 1, 3, 5 or 6 of part 7 of the present article is allowed in case of impossibility of its transfer to an equivalent position. Thus to the employee transferred to a subordinate position in municipal police on the basis provided by point 1, 3 or 5 of part 7 of the present article the official salary in a size established on the last position which it replaced before appointment to a subordinate position remains. Payment of the kept official salary is made until emergence at the employee of the right to higher official salary owing to its increase in accordance with the established procedure or appointments of the employee to a position in municipal police with higher official salary.
9. At impossibility of the translation of the employee of municipal police to other position in municipal police or his refusal of such translation the employee is subject to dismissal from service in municipal police, except for cases of refusal of the translation on the bases provided by part 3, points 1, 3 and 6 of part 5 and point 2 of part 7 of the present article. Thus the contract with the employee is terminated in connection with impossibility of the transfer or refusal of the employee of the transfer to other position in municipal police if other isn't provided by the present Provision. About impossibility of the translation of the employee by personnel division of municipal police the corresponding conclusion is prepared. Refusal of the employee of the translation is made out by the official report. In case of refusal the employee to submit the official report the relevant statement is drawn up.
10. Isn't the translation and the performance of equivalent functions by it on other position in municipal police in the same division which isn't involving change of terms of the contract doesn't demand a consent of the employee of municipal police.
11. The employee of municipal police transferred to the higher, equivalent or subordinate position in municipal police corresponding to other functional mission or activity along with performance of official duties passes individual training across the duty station under the leadership of the direct head (chief) and the mentor from among the skilled staff of municipal police appointed by the order of the authorized head. The order of the organization of individual training of the employee of municipal police is established by the order of the head of municipal police.
12. A transfer of the employee of municipal police to other position in municipal police is made according to the decision, the head of municipal police and is made out by the relevant act which is brought to the attention of the employee on receipt. Before appointment of the employee to a position in municipal police on a new position issued by the relevant act with it the office relations on a former position remain.

Article 31. Temporary fulfillment of duties
1. Obligations for a higher position in municipal police with simultaneous release it from performance of obligations for the replaced position or without that can be temporarily assigned to the employee of municipal police from his consent.
2. The date of performance of duties on vacant (the municipal police which isn't replaced by other employee) can't exceed a position in municipal police in the current year six months.
3. The continuous date of performance of duties on not vacant (the municipal police replaced by other employee) can't exceed a position in municipal police in the period of temporary absence of the employee replacing this position in the current year four months.
4. The employee of municipal police, the acting as on vacant post in municipal police, can be appointed to it as the translation before the termination of term of temporary fulfillment of duties.
5. Assignment on the employee of municipal police of temporary fulfillment of duties according to the present article and release it in this regard from performance of obligations for the replaced position of ordinary structure, younger, average or the senior commanding structure are carried out by the order of the head of municipal police, except for a case when fulfillment of duties of the direct head (chief) in the period of his absence is provided by official regulations (duty regulations) of the employee.
6. The assignment order on the employee of municipal police of temporary fulfillment of duties on a position of the head of municipal police and release it from temporary execution of these duties is established by the head of administration of municipality which part the division of municipal police is.
7. The monetary contents to the employee of municipal police, the acting as on a position in municipal police according to the present article, is paid in the order provided by the legislation of the Russian Federation.
8. In connection with office need according to the decision of the head of municipal police the employee of municipal police can without release from the replaced position in municipal police and its consent to be involved in fulfillment of duties on other position, not provided by official regulations (duty regulations), for a period of up to one month within calendar year with payment of an official salary isn't lower, than on the replaced position.

Article 32. Certification of the employee of municipal police
1. Certification of the employee of municipal police is carried out for determination of its compliance to the replaced position in municipal police.
2. Certification of the employee of municipal police is carried out once in three years. In case of appointment of the employee to other position in municipal police his certification is carried out not earlier than in one year after appointment.
3. Extraordinary certification of the staff of municipal police applying for replacement of a position of the head of municipal police is carried out according to the decision of the head of municipality which part the division of municipal police is.
4. Extraordinary certification of the employee of municipal police is carried out:
1) at the solution of a question of the translation of the employee to a higher position in municipal police;
2) at the solution of a question of the termination by the employee of service in municipal police in connection with cancellation of the contract according to point 5 of part 2 of article 80 of the present Provision;
3) on representation of the head of municipal police at the solution of questions:
a) about extension (renewal) of the contract on service in municipal police;
b) about dismissal of the employee from service in municipal police;
4) in case the employee didn't undergo testing for professional suitability to actions in the conditions connected with use of physical force, special means and firearms. Before pronouncement of the decision on compliance to the replaced position in municipal police the employee is discharged of performance of the duties connected with possible use of physical force, special means and firearms.
5. The staff of female municipal police who was in a maternity leave and also the employees who were in a child care leave before achievement of age of three years by it pass certification not earlier than in one year after an exit from holiday.
6. For carrying out certification of staff of municipal police the order of the head of municipal police or the authorized head creates a certifying commission which structure without fail joins the staff of personnel division of municipal police. In case of need according to the decision of the authorized head of a certifying commission members of public councils at municipal police, public organizations of veterans of municipal police and law-enforcement bodies, and also representatives of the educational and scientific organizations - specialists in questions of activity of municipal police can be involved with the right of an advisory vote.
7. The structure of a certifying commission for carrying out certification of the staff of municipal police replacing positions in municipal police performance of official duties on which is connected with use of the data which are the state and protected by the law other secret is formed taking into account provisions of the legislation of the Russian Federation on the state secret.
8. Certifying commissions are formed so that possibility of the conflict of interests which could influence recommendations of a certifying commission was excluded.
9. For the period of certification of the employee of municipal police who is the member of a certifying commission, his membership in this commission stops.
10. Certification is carried out, as a rule, in the presence of the employee of municipal police. In case of absence on certification without valid excuse the employee is brought to a disciplinary responsibility according to articles 48 and 50 of the present Provision, and its certification is transferred.
11. When carrying out certification the direct head (chief) of the employee of municipal police prepares a motivated review of performance by the employee of the official duties and the offer of a certifying commission. The employee has to be acquainted with the specified response not less than in one working day prior to carrying out certification.
12. Recommendations of a certifying commission are accepted by open voting. Discussion and vote are carried out in the presence of not less than two thirds of members of a certifying commission. Results of vote are defined by a simple majority vote members of a certifying commission. At equality of a poll the employee of municipal police admits corresponding to the replaced position municipal police. Recommendations of a certifying commission are made out by the protocol which is signed by all members of a certifying commission participating in a meeting.
13. By results of certification of the employee of municipal police the certifying commission accepts one of the following recommendations:
1) the employee corresponds to the replaced position in municipal police;
2) the employee corresponds to the replaced position in municipal police and it is recommended for appointment to a higher position in municipal police;
3) the employee corresponds to the replaced position in municipal police and is subject to inclusion in a personnel reserve for replacement of a higher position in municipal police;
4) certification of the employee should be transferred to the term which isn't exceeding one year for elimination of the shortcomings and omissions in office activity specified in a response of his direct head (chief) or for receiving additional professional education by the employee with the subsequent transfer to other position in municipal police or without that;
5) the employee doesn't correspond to the replaced position in municipal police and is subject to transfer to a subordinate position in municipal police;
6) the employee doesn't correspond to the replaced position in municipal police and is subject to dismissal from service in municipal police.
14. By results of certification of the employee of municipal police the certifying commission can accept the recommendation of his encouragement, and also make other offers.
15. Recommendations of a certifying commission are brought in an appraisal sheet of the employee of municipal police. The appraisal sheet is signed by the chairman and the secretary of a certifying commission. The employee gets acquainted with an appraisal sheet on receipt before representation to his corresponding head.
16. The appraisal sheet of the employee of municipal police is represented to the head of municipal police or the authorized head who taking into account recommendations of a certifying commission not later than in two weeks after carrying out certification accept one of the following decisions:
1) about inclusion of the employee in accordance with the established procedure in a personnel reserve for replacement of a higher position in municipal police;
2) about compliance of the employee of the replaced position;
3) about transfer of certification of the employee for the term which isn't exceeding one year for elimination of the shortcomings and omissions in office activity specified in a response of his direct head (chief);
4) about transfer of certification of the employee for the term which isn't exceeding one year, and the direction of the employee on training according to additional professional programs;
5) about transfer of the employee to a higher or subordinate position in municipal police;
6) about cancellation with the employee of the contract and on his dismissal from service in municipal police;
7) about the conclusion with the employee of the new contract according to part 3 of article 87 of the present Provision.
17. The employee of municipal police has the right to appeal against recommendations of a certifying commission according to article 72 of the present Provision.
18. The order of carrying out certification of staff of municipal police is defined by the Government of the Russian Federation.

Article 33. Combination of duties on service in municipal police. Combining jobs
1. Combination of duties on service in municipal police on the terms of internal combining jobs isn't allowed, except for the cases provided by article 35 of the present Provision.
2. Work of staff of municipal police in combination isn't allowed, except for pedagogical, scientific and other creative activity which doesn't lead to emergence of the conflict of interests and doesn't involve deterioration of performance by the employee of obligations for the replaced position in municipal police. Thus pedagogical, scientific and other creative activity can't be financed only by means of the foreign states, the international and foreign organizations, foreign citizens and stateless persons if other isn't provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. The employee is obliged to notify the direct head (chief) on implementation of such activity.

Article 34. Service in municipal police in special conditions
1. During action of the martial law or state of emergency, during a counter-terrorist operation, in the conditions of armed conflict, at elimination of consequences of accidents, accidents of natural and technogenic character and other emergency situations change of the mode of working hours of the employee of municipal police, assignment on it additional duties, its temporary transfer in other division without change of character of service in municipal police and establishment of other special conditions and additional restrictions without the employee's consent are allowed in the order determined by the Government of the Russian Federation or other authorized body of the government for the term of no more than six months within calendar year.
2. Refusal of the employee of municipal police without valid excuse from service in municipal police in the cases provided by part of 1 present article is the basis for release it from the replaced position in municipal police, cancellation of the contract and dismissal from service in municipal police according to the present Provision.

Article 35. Stay of service in municipal police
1. The service in municipal police stops:
1) in case of appointment (election) of the employee of municipal police to the state position of the Russian Federation - about day of the termination of execution of appropriate authority by it;
2) in case of election (appointment) of the employee of municipal police as the member of the Federation Council of Federal Assembly of Russia or election of the employee as the deputy of the State Duma of Federal Assembly of Russia - about day of the termination of execution of appropriate authority by it;
3) in case of investment of the employee of municipal police with powers of the highest official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) or appointment of the employee as the acting as the highest official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) - about day of the termination of execution of appropriate authority by it;
4) in case of election of the employee of municipal police as the deputy of legislative (representative) public authority of the subject of the Russian Federation, the deputy of a representative body of municipality - about day of the termination of execution of appropriate authority by it;
5) in case of unknown absence of the employee of municipal police - about day of recovery of the employee on service in municipal police according to article 72 of the present Provision or about day of coming into effect of a judgment about recognition it it is unknown absent or about the announcement his dead;
6) in other cases connected with performance by the employee of municipal police of the state duties established by federal laws and (or) regulations of the President of the Russian Federation - about day of the termination of performance by the employee of the corresponding duties.
2. About stay by the employee of municipal police of service in municipal police the order of the head of municipal police or the authorized head is issued. From the date of stay by the employee of service in municipal police it is suspended the contract.
3. The employee of municipal police who suspended service in the municipal police having the right to leave from service in municipal police on the bases provided by article 80 of the present Provision.
4. Earlier replaced position in municipal police is provided to the employee of municipal police who showed willingness to continue service in municipal police upon termination of its stay, and at its absence other equivalent position.
5. If within one month (apart from the periods of temporary disability) after the end of stay of service in municipal police the employee of municipal police doesn't notify the head of municipal police or the authorized head on intention to continue or stop service in municipal police, the contract signed with it is terminated.
6. From the date of appointment of the employee of municipal police to a position in municipal police according to part 4 of the present article action of the suspended contract is resumed or the new contract consists. Change of terms of the contract is made out according to requirements of the present Provision.
7. If unknown absence of the employee of municipal police is caused by his stay as the hostage, action of the suspended contract is resumed from the date of its stay.

Article 36. An experience of service (length of service) in municipal police
1. The experience of service (length of service) in municipal police is estimated in the order established by the present Provision, regulations of the President of the Russian Federation and regulations of the Government of the Russian Federation for purpose of a long-service pension and establishment of other additional guarantees and compensations for an experience of service of the relevant municipalities established by local governments for the staff of municipal police.
2. In municipal police join in an experience of service (length of service):
1) the period of replacement with the employee of municipal police of positions in municipal police;
2) the period of posting of the employee of municipal police according to article 32 of the present Provision;
3) the period of stay by the employee of municipal police of service in municipal police according to part 1 of article 35 of the present Provision;
4) the period of passing by the citizen of military service, service in law-enforcement bodies, institutions and bodies of criminal and executive system, Federal service of troops of national guard of the Russian Federation;
5) period of replacement with the citizen of positions of municipal or public service of the Russian Federation;
6) the period of replacement with the citizen of positions in bodies and institutions of prosecutor's office of the Russian Federation on which assignment of cool ranks is provided;
7) the period of replacement with the citizen of positions in customs authorities of the Russian Federation, investigating authorities and establishments of Investigative committee of the Russian Federation on which assignment of special ranks is provided;
8) period of work as the judge;
9) time (no more than five years) of training of the employee before revenues to service in municipal police on the main educational programs of secondary professional education (except for programs of training of skilled workers, employees) or the higher education (except for programs of preparation of the research and educational personnel in postgraduate study, programs of internship, programs of assistantship training) in an internal form on condition of completion of development of these educational programs and receiving an appropriate level of education, estimated at the rate of two months of training in one month of service;
10) test term at arrival of the citizen on service in municipal police.
3. In an experience of service (length of service) in municipal police in preferential calculation the periods of passing by the employee of municipal police of service are set off:
1) in the region of the Far North equated to them districts and other districts with adverse climatic or ecological conditions, including remote, according to the lists of the specified areas and districts approved by the Government of the Russian Federation;
2) in harmful conditions at positions in municipal police - according to the list of positions approved by the Government of the Russian Federation;
3) in the special conditions provided by the legislation of the Russian Federation;
4) in other cases provided by the legislation of the Russian Federation.
4. In municipal police join in an experience of service (length of service):
1) for purpose of a long-service pension - the periods specified in parts 2 and 3 of the present article, and also other periods defined according to the legislation of the Russian Federation on municipal service.
2) for providing additional holiday for an experience of service in municipal police - the periods specified in points 1 - 8 parts 2 of the present article (in calendar calculation);
3) for granting other social guarantees - the periods determined by the Government of the Russian Federation (in calendar or preferential calculation);
5. The order of calculation of an experience of service (length of service) in municipal police for purpose of a long-service pension and granting other social guarantees and offset in an experience of service in municipal police of the periods specified in the present article, and other periods is established by the Government of the Russian Federation.
6. The periods of service in municipal police in calendar calculation are set off in the general seniority, length of service in the specialty, and also in the order established by the legislation of the Russian Federation in an insurance experience, and an experience of service (work) in other municipal bodies and the organizations.

Article 37. Personal information of staff of municipal police, maintaining their personal records and documents of the accounting of employees
1. In municipal police personal records, documents of the accounting of staff of municipal police, databanks about the employees and citizens coming on service to municipal police, the containing personal information of employees, data on their office activity and an experience of service, and also personal information of members of families of the employees and citizens coming on service to municipal police are maintained.
2. In municipal police during the receiving, storage, processing, use and transfer of personal information of the employee of municipal police the following requirements have to be observed:
1) processing of personal information of the employee is carried out for ensuring compliance with the Constitution of the Russian Federation, the present Provision, other acts of the Russian Federation, assistance to the employee in service in municipal police, training and official growth, ensuring personal security of the employee and members of his family, and also for ensuring safety of the property belonging to it, the accounting of results of performance of official duties by it;
2) check of reliability of the personal information obtained from the employee according to the present Provision, other acts of the Russian Federation is carried out by municipal police with participation of law-enforcement bodies and other federal government bodies;
3) it is forbidden to receive, process and attach to a personal record of the employee the personal information which isn't established by the present Provision and the Federal law "About municipal police in the Russian Federation" about his political, religious and other convictions and private life, about membership in public associations;
4) at decision-making, infringing on interests of the employee, it is forbidden to be based on the personal information of the employee obtained only as a result of their automated processing or with use of electronic media;
5) protection of personal information of the employee against their unauthorzsed use or loss is provided at the expense of means of local budgets in the order established by the present Provision and other regulations of the Russian Federation;
6) transfer of personal information of the employee to the third party isn't allowed without consent of the employee expressed in writing except for the cases established by federal laws. Conditions of transfer of personal information of the employee to the third party are established by regulations of the Russian Federation.
3. His personal information and other data connected with revenues to service in municipal police, its passing and dismissal from service and necessary for ensuring activity of municipal police are brought in a personal record of the employee of municipal police.
4. The head of municipal police of administration of the relevant municipality by interdepartmental inquiries of heads of other government and municipal bodies directs them calculation of a length of service, the copy of a track record, the conclusion by results of the last certification and other documents characterizing office activity of the employee of municipal police and information at his receipt (transfer) to service (work) to the appropriate government or municipal authority, and also in other cases established by the legislation of the Russian Federation. Heads of the government or municipal bodies send to heads of municipal police of administration of the relevant municipalities by their interdepartmental inquiries the documents specified in the real part and information concerning the staff of these government or municipal bodies coming on service to municipal police.
5. The data containing in a personal record and documents of the accounting of the employee of municipal police are confidential information (office secret) and (or) the data which are the state and protected by the law other secret.
6. The employee of municipal police guilty of violation of the norms regulating receiving, storage, processing, use and transfer of personal information of other employee or in loss of such data, bears responsibility according to the present Provision and other regulations of the Russian Federation.
7. The provision on the centralized accounting of personal information of the employee of municipal police and maintaining its personal record and the provision on the centralized accounting of personal information of the citizen coming on service to municipal police are approved by the Government of the Russian Federation.

Article 38. Register of staff of municipal police
1. In municipality the register of staff of municipal police is kept.
2. The order of maintaining the register of staff of municipal police is approved by the municipal legal act.





To share the opinion, to take part in discussions or to make offers,
you can in our group



ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense


Back to contents | Back to the main menu