COLLECTIVE ACTORS IN SOCIAL PARTNERSHIP ON STATE CIVIL AND MUNICIPAL SERVICE

Abstract

Purpose. Investigation of the issues of realization of labor law functions in the process of passing the municipal service. Methods. The article analyzes the provisions of the current labor legislation, the federal law "On municipal service in the Russian Federation", which fixes the procedure for the application of various types of assessment used when citizens enter the municipal service (election by competition, probation). Comparative characteristics of the conditions of application of these types of assessment in relation to state civil and municipal employees allowed to identify differences in their implementation. Results. It is noted that labor law functions, and, in particular, the function of administration (management) aimed at meeting the needs of the employer, is realized through the norms regulating the application of various types of evaluation, in particular, by competition and testing in admission to the municipal service. The conducted research led to the conclusion that the types of assessment envisaged in the legislation, which the employer can employ when selecting a municipal employee, firstly objectively do not allow to use them in aggregate in order to reliably determine the compliance of a municipal employee with qualification requirements, secondly, that it is necessary to establish special rules for the application of these types of assessment in relation to municipal employees, which make them more effective in practice. Scientific novelty. Scientific novelty consists in the analysis of the Federal Law "On municipal service in the Russian Federation" and the labor legislation regarding the use of the procedure for electing a contest for admission to the municipal service, as well as the procedure and conditions for establishing a test when entering the service and their compliance with the socially important needs of the employer.