Order 342 of the Ministry of Internal Affairs of the Russian Federation. Law “On service in internal affairs bodies”

November 30, 2011 N 342-FZ RUSSIAN FEDERATION FEDERAL LAW ON SERVICE IN THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION AND AMENDMENTS TO SOME LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION Adopted State Duma November 17, 2011 Approved by the Federation Council on November 25, 2011 Chapter 1. GENERAL PROVISIONS Article 1. Basic terms For the purposes of this Federal Law the terms used mean: 1) service in internal affairs bodies - federal public service, which represents the professional official activity of citizens Russian Federation(hereinafter - citizens) in positions in the internal affairs bodies of the Russian Federation (hereinafter - internal affairs bodies), as well as in positions that are not positions in internal affairs bodies, in cases and under the conditions provided for by this Federal Law, other federal laws and (or) regulatory legal acts of the President of the Russian Federation; 2) positions in internal affairs bodies - positions of employees of internal affairs bodies that are established in the federal executive body that carries out the functions of developing and implementing public policy and legal regulation in the field of internal affairs (hereinafter referred to as the federal executive body in the field of internal affairs), its territorial bodies, divisions, organizations and services; 3) the head of the federal executive body in the field of internal affairs - a person holding a government position in the Russian Federation and exercising the powers of an employer on behalf of the Russian Federation in relation to employees of internal affairs bodies; 4) head (chief) - the head of the federal executive body in the field of internal affairs and his deputy, the head (chief) of a structural unit of the federal executive body in the field of internal affairs and his deputy, the head (chief) of a territorial body of the federal executive body in the field internal affairs and his deputy, the head (chief) of a structural unit of a territorial body of the federal executive body in the field of internal affairs and his deputy, the head (chief) of a division, organization or service (hereinafter referred to as the division) and his deputy, an employee of the internal affairs bodies, authorized in accordance with the established procedure, powers to manage other employees, including temporarily; 5) authorized head - deputy head of the federal executive body in the field of internal affairs, head (chief) of a structural unit of the federal executive body in the field of internal affairs, head (chief) of the territorial body of the federal executive body in the field of internal affairs, head (chief) structural unit of a territorial body of the federal executive body in the field of internal affairs, the head (chief) of the unit, vested in the established manner by the head of the federal executive body in the field of internal affairs with the powers of an employer on behalf of the Russian Federation. Article 2. Subject of regulation of this Federal Law 1. The subject of regulation of this Federal Law is the legal relations associated with entry into service in the internal affairs bodies, its completion and termination, as well as with the determination of the legal status (status) of an employee of the internal affairs bodies. 2. Legal relations related to the performance of the federal state civil service in the internal affairs bodies are regulated by the legislation of the Russian Federation on the state civil service, and labor relations - labor legislation. Article 3. Legal regulation of service in internal affairs bodies 1. Regulation of legal relations related to service in internal affairs bodies is carried out in accordance with: 1) the Constitution of the Russian Federation; 2) this Federal Law; 3) Federal Law of February 7, 2011 N 3-FZ “On Police” (hereinafter referred to as the Federal Law “On Police”), Federal Law of July 19, 2011 N 247-FZ “On Social Guarantees for Employees of Internal Affairs Bodies of the Russian Federation and introducing amendments to certain legislative acts of the Russian Federation" and other federal laws regulating legal relations related to service in internal affairs bodies; 4) regulatory legal acts of the President of the Russian Federation; 5) regulatory legal acts of the Government of the Russian Federation; 6) regulatory legal acts of the federal executive body in the field of internal affairs. 2. In cases not regulated by the regulatory legal acts of the Russian Federation specified in Part 1 of this article, the norms of labor legislation are applied to legal relations related to service in internal affairs bodies. 3. If an international treaty of the Russian Federation, ratified in the manner established by the legislation of the Russian Federation, establishes rules other than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation apply. Article 4. Principles of service in internal affairs bodies 1. Service in internal affairs bodies is carried out in accordance with the basic principles of the construction and functioning of the civil service system of the Russian Federation (hereinafter referred to as the civil service), established by Federal Law of May 27, 2003 N 58-FZ " On the civil service system of the Russian Federation." 2. The principles of service in internal affairs bodies are: 1) unity of command and subordination (subordination) in service in internal affairs bodies; 2) mandatory professional selection with equal access of citizens to service in internal affairs bodies and the creation of opportunities for career advancement regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as from others circumstances not related to the professional and business qualities of an employee of internal affairs bodies; 3) the relationship between restrictions, duties, prohibitions, responsibility in service in internal affairs bodies and social guarantees of an employee of internal affairs bodies (hereinafter also referred to as employee). 3. The principles of service in the internal affairs bodies are implemented subject to the following provisions: 1) an employee of the internal affairs bodies in his activities is guided by the legislation of the Russian Federation, no one has the right to interfere in the legal activities of the employee, except for persons expressly authorized by federal law; 2) an employee of internal affairs bodies, when performing official duties, reports only to direct managers (supervisors). The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor); employees who are not subordinate to each other in service may be senior or junior in subordination; the seniority of employees is determined by the position being filled, and if employees fill equivalent positions, by special rank; 3) it is obligatory for an employee of internal affairs bodies to comply with orders and instructions of managers (supervisors) given in the prescribed manner and not contradicting federal law; 4) restriction of the rights and freedoms of man and citizen in relation to an employee of internal affairs bodies is permitted by federal law to the extent necessary to perform tasks related to the protection of the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, and for ensuring state security; 5) an employee of internal affairs bodies does not have the right to refuse to perform his official duties if these duties are provided for by a contract for service in internal affairs bodies (hereinafter referred to as the contract) or job regulations (job description) and the necessary security measures have been taken to perform these duties; 6) an employee of internal affairs bodies is prohibited from being a member of political parties, financially supporting political parties and taking part in their activities. When carrying out official activities, an employee should not be bound by decisions of political parties, other public associations and religious organizations. Article 5. Interrelation of service in internal affairs bodies, other types of civil service and municipal service 1. Interrelation of service in internal affairs bodies and other types of public service is ensured on the basis of the unity of the public service system and the principles of its construction and operation, as well as through: 1) the correlation of the basic conditions and amounts of remuneration, as well as the basic social guarantees when serving in the internal affairs bodies and other types of public service; 2) establishing restrictions and obligations when serving in internal affairs bodies and other types of public service; 3) taking into account length of service in internal affairs bodies when calculating length of service in other types of civil service; 4) the correlation of special ranks, military ranks, class ranks and diplomatic ranks; 5) the correlation of the basic conditions of state pension provision for employees of internal affairs bodies and citizens who served in other types of public service. 2. The relationship between service in internal affairs bodies and municipal service is ensured by taking into account the length of service in internal affairs bodies when calculating the length of service in municipal service. 3. A citizen who has served in other types of public service, who is appointed to a senior management position, or an employee of internal affairs bodies who is appointed to a corresponding position in another type of public service, may, by decision of the President of the Russian Federation, be retained the social guarantees that said citizen or employee had. Chapter 2. POSITIONS IN THE INTERNAL AFFAIRS BODIES. SPECIAL RANKS Article 6. Positions in internal affairs bodies 1. Positions in internal affairs bodies are established for the purpose of directly executing, organizing and ensuring the execution of the powers of the federal executive body in the field of internal affairs, its territorial bodies, divisions or the powers of a person holding a public position of the Russian Federation. Federation. 2. The list of standard positions in internal affairs bodies and the corresponding special ranks is approved by the President of the Russian Federation. 3. Based on the list of standard positions in internal affairs bodies, the head of the federal executive body in the field of internal affairs, taking into account the peculiarities of the functioning of these bodies, may establish positions corresponding to standard positions in their legal status with other names - non-standard positions. Article 7. Classification of positions in internal affairs bodies Positions in internal affairs bodies are divided into: 1) positions of senior management; 2) senior management positions; 3) middle management positions; 4) positions of junior command staff; 5) positions of ordinary personnel. Article 8. Special ranks 1. Special ranks established for positions in internal affairs bodies are awarded in accordance with this Federal Law. 2. The following special ranks are established: 1) rank and file: police private, private internal service , Private Justice; 2) junior command staff: a) junior police sergeant, junior sergeant of internal service, junior sergeant of justice; b) police sergeant, internal service sergeant, justice sergeant; c) senior police sergeant, senior sergeant of internal service, senior sergeant of justice; d) foreman of police, foreman of internal service, foreman of justice; e) warrant officer of police, warrant officer of internal service, warrant officer of justice; f) senior warrant officer of police, senior warrant officer of internal service, senior warrant officer of justice; 3) middle command: a) junior lieutenant of police, junior lieutenant of internal service, junior lieutenant of justice; b) police lieutenant, internal service lieutenant, justice lieutenant; c) senior lieutenant of police, senior lieutenant of internal service, senior lieutenant of justice; d) police captain, internal service captain, justice captain; 4) senior command staff: a) police major, internal service major, justice major; b) lieutenant colonel of police, lieutenant colonel of internal service, lieutenant colonel of justice; c) police colonel, internal service colonel, justice colonel; 5) senior command: a) major general of police, major general of internal service, major general of justice; b) Lieutenant General of Police, Lieutenant General of Internal Service, Lieutenant General of Justice; c) Colonel General of Police, Colonel General of Internal Service, Colonel General of Justice; d) General of Police of the Russian Federation. 3. A special rank is assigned to an employee of internal affairs bodies in accordance with the position being filled. 4. When filling a position of ordinary personnel, an employee of internal affairs bodies is assigned the special rank of private police officer, private internal service officer or private justice officer. 5. When filling positions of commanding personnel, the following maximum special ranks are established: 1) senior warrant officer of police, senior warrant officer of internal service, senior warrant officer of justice - when filling positions of junior commanding personnel; 2) police captain, internal service captain, justice captain - when filling positions of middle management; 3) police colonel, internal service colonel, justice colonel - when filling positions of senior command staff; 4) General of the Police of the Russian Federation, Colonel General of the Internal Service, Colonel General of Justice - when filling positions of senior command. 6. The list of positions of senior management and the special ranks corresponding to them is approved by the President of the Russian Federation. 7. Lists of positions of ordinary personnel, junior, middle and senior commanding personnel and the special ranks corresponding to them are approved by the federal executive body in the field of internal affairs on the basis of the list of standard positions in internal affairs bodies and the special ranks corresponding to them provided for in Article 6 of this Federal Law. Article 9. Qualification requirements for positions in internal affairs bodies 1. The qualification requirements for positions in internal affairs bodies, established in accordance with the composition of positions in internal affairs bodies, include requirements for the level of professional education, length of service in internal affairs bodies or length of service (experience) of work in the specialty, professional knowledge and skills, health status of employees of internal affairs bodies necessary to perform the duties of the position being filled (hereinafter also referred to as official duties). 2. Qualification requirements for positions in internal affairs bodies provide for the presence of middle (full) rank-and-file personnel and junior command staff for positions. general education, for positions of middle management - education not lower than secondary professional, corresponding to the field of activity, for positions of senior and senior management - higher vocational education corresponding to the area of ​​activity. 3. The qualification requirements for positions of middle, senior and senior management, the performance of duties for which involves the investigation or organization of investigations of criminal cases, administrative investigations, consideration of cases of administrative offenses or conducting anti-corruption and legal examinations, includes the presence of a higher professional legal education. IN exceptional cases and under the conditions established by the federal executive body in the field of internal affairs, persons who have another higher professional education and work experience that allows them to perform official duties may be appointed to these positions. 4. Qualification requirements for length of service in internal affairs bodies or length of service (experience) in the specialty, professional knowledge and skills of an employee of internal affairs bodies necessary to perform official duties are established by: 1) the President of the Russian Federation - in relation to positions of senior management; 2) the head of the federal executive body in the field of internal affairs - in relation to positions of rank and file, junior, middle and senior command staff. 5. Requirements for the health status of citizens entering service in internal affairs bodies and employees of internal affairs bodies, depending on the positions and characteristics of service in individual positions, are established by the head of the federal executive body in the field of internal affairs. The procedure for citizens entering service in internal affairs bodies and employees of internal affairs bodies to undergo a military medical examination and the procedure for professional psychological selection for service in internal affairs bodies are determined by the Government of the Russian Federation. 6. Based on the results of the military medical examination of citizens entering service in the internal affairs bodies, and employees of the internal affairs bodies, the military medical commission gives a conclusion on the suitability of such citizens and employees for service in the internal affairs bodies in the following categories: A - fit for service in internal affairs bodies; B - fit for service in internal affairs bodies with minor restrictions; B - limited fit for service in internal affairs bodies; G - temporarily unfit for service in internal affairs bodies; D - unfit for service in internal affairs bodies. 7. In relation to certain positions of ordinary personnel, junior, middle and senior command staff, the head of the federal executive body in the field of internal affairs may establish qualification requirements for the level of physical training. 8. Taking into account the level of professional education, length of service in internal affairs bodies or length of service (experience) in their specialty, professional knowledge and skills, employees of internal affairs bodies in the manner established by the federal executive body in the field of internal affairs are assigned the following qualification titles: specialist third class, second class specialist, first class specialist, master (highest qualification rank). Chapter 3. LEGAL STATUS (STATUS) OF AN EMPLOYEE OF THE MINISTERAL AFFAIRS BODIES Article 10. An employee of the internal affairs bodies 1. An employee of the internal affairs bodies is a citizen who has undertaken the obligation to serve in the federal public service in the internal affairs bodies in the position of ordinary or commanding personnel and to whom in the manner established by this Federal Law, a special rank of ordinary or commanding personnel has been awarded. 2. An employee of internal affairs bodies may serve in internal affairs bodies if he is assigned to the federal executive body in the field of internal affairs, its territorial body, unit, or in the case of secondment provided for in Article 32 of this Federal Law. In this case, the employee does not hold a position in the internal affairs bodies. Federal laws and (or) regulatory legal acts of the President of the Russian Federation may establish other cases of an employee serving in internal affairs bodies when he does not hold a position in internal affairs bodies. 3. The legal status (status) of an employee of internal affairs bodies is determined by this Federal Law and federal laws regulating the specifics of service in internal affairs bodies. 4. An employee of the internal affairs bodies is issued an official identification card and a special badge with a personal number. Samples of service identification cards and special badges for employees of internal affairs bodies and the procedure for their issuance are approved by the federal executive body in the field of internal affairs. The service ID of an employee of the internal affairs bodies is a document confirming the identity of the employee, his affiliation with the federal executive body in the field of internal affairs, its territorial body or division, the position and special rank of the employee. The service ID of an employee of the internal affairs bodies confirms his right to carry and store firearms and (or) special means, other rights and powers granted to the employee by the legislation of the Russian Federation. Article 11. Rights of an employee of internal affairs bodies 1. An employee of internal affairs bodies has the right: 1) to the conditions necessary for the performance of official duties and professional development; 2) to familiarize himself with the job regulations (job description) and other documents defining his rights and responsibilities for the position being filled, with criteria for assessing the effectiveness of performance of official duties, performance indicators of official activities and conditions for promotion in the internal affairs bodies; 3) on vacation in accordance with the legislation of the Russian Federation; 4) for monetary allowance, which is the main means of his material support and stimulation of his performance of official duties; 5) to receive, in the prescribed manner, information and materials necessary for the performance of official duties, as well as to make proposals for improving the activities of the federal executive body in the field of internal affairs; 6) access in the prescribed manner to information constituting state and other secrets protected by law, if the performance of official duties involves the use of such information; 7) access in the prescribed manner in connection with the performance of official duties to state and municipal bodies, public associations and organizations; 8) to familiarize himself with reviews of his official activities and other documents determined by the federal executive body in the field of internal affairs before adding them to his personal file, as well as to attach his written explanations and other documents and materials to his personal file; 9) to protect your personal data; 10) for promotion in internal affairs bodies, taking into account the results of performance, length of service, level of qualifications and professional education; 11) on vocational training, retraining, advanced training and internship in the prescribed manner; 12) to consider an official dispute in accordance with the legislation of the Russian Federation; 13) to conduct an internal audit at his request; 14) to appeal to superior officials in the order of subordination, to higher authorities or to the court to protect their rights and legitimate interests, as well as to resolve disputes related to serving in internal affairs bodies; 15) for compulsory state life and health insurance in accordance with the legislation of the Russian Federation; 16) for state protection of his life and health, the life and health of his family members, as well as property belonging to him and his family members; 17) for state pension provision in accordance with federal law; 18) on medical service in accordance with the legislation of the Russian Federation; 19) to provide him and his family members with living quarters in the manner and under the conditions determined by the legislation of the Russian Federation; 20) to proper organizational, technical and sanitary-hygienic conditions of service, taking into account the characteristics of service in internal affairs bodies; 21) to use physical force, special means and firearms in cases and in the manner provided for by the Federal Law “On Police”; 22) to create and participate in the activities of public associations that do not pursue political goals, in their free time from performing official duties, if this does not entail a conflict of interest. 2. An employee of internal affairs bodies has the right to carry and store firearms and (or) special means in the manner established by the federal executive body in the field of internal affairs. 3. The rights of an internal affairs officer who has been assigned a special police rank are also determined by the Federal Law “On the Police”. 4. The rights of an employee of the internal affairs bodies for the position being filled in the internal affairs bodies are determined by the job regulations (job description). 5. Other rights may be granted to an employee of internal affairs bodies in accordance with the legislation of the Russian Federation. Article 12. Main responsibilities of an employee of internal affairs bodies 1. An employee of internal affairs bodies is obliged to: 1) know and comply with the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in the field of internal affairs, and ensure their implementation; undergo regular tests of knowledge of the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation in this area, in the manner established by the federal executive body in the field of internal affairs; 2) know and comply with job regulations (job descriptions) and the provisions of other documents defining his rights and official duties, carry out orders and instructions of direct managers (supervisors), and also be guided by the legislation of the Russian Federation when receiving an order or instruction of a direct or immediate manager (supervisor) ), obviously contrary to the legislation of the Russian Federation; 3) contact your immediate supervisor (supervisor) on official matters, and, if necessary, your direct supervisor (supervisor), notifying your immediate supervisor (supervisor); 4) observe the rights and legitimate interests of citizens, public associations and organizations when performing official duties; 5) comply with the internal official regulations of the federal executive body in the field of internal affairs, its territorial body, subdivision, if possible short time inform the immediate supervisor (supervisor) about incidents, the occurrence of temporary disability and other circumstances that preclude the employee from performing his official duties; 6) maintain the level of qualifications necessary for the proper performance of official duties, undergo professional training, retraining, advanced training, and internship in the prescribed manner; 7) not to disclose information constituting state or other secrets protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to privacy and the health of citizens or affecting their honor and dignity; 8) take care state property, including those provided to him for the performance of official duties; 9) provide, in the manner established by the legislation of the Russian Federation, information about your income, property and property-related obligations, as well as information about the income, property and property-related obligations of your spouse and minor children; 10) inform your immediate supervisor (boss) about filing an application for renunciation of citizenship of the Russian Federation on the day the application is submitted; 11) inform the immediate supervisor (boss) about the renunciation of citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state on the day of renunciation of citizenship of the Russian Federation or on the day of acquisition of citizenship (nationality) of a foreign state; 12) prevent abuse of official powers, comply with the restrictions and prohibitions established by federal laws related to service in internal affairs bodies, and also comply with the requirements for the official conduct of an employee; 13) inform the immediate supervisor (boss) about the emergence of personal interest, which may lead to a conflict of interest in the performance of official duties, and take measures to prevent such a conflict; 14) notify the immediate supervisor (boss), the prosecutor's office of the Russian Federation or other government bodies about each case of any person contacting him for the purpose of inducing him to commit a corruption offense; 15) match the level physical training qualification requirements to a position to be filled in internal affairs bodies; 16) undergo an annual preventive medical examination, as well as upon referral medical institution or an authorized manager medical examination(examination); 17) consider, within the limits of official duties and within the established deadlines, appeals from citizens and organizations; 18) in the manner established by Article 31 of this Federal Law, by decision of the head of the federal executive body in the field of internal affairs or an authorized head, temporarily perform duties not provided for by the job regulations (job description) for the position being filled in the internal affairs bodies, without exemption from the position being replaced positions; 19) by decision of the head of the federal executive body in the field of internal affairs or an authorized manager and in accordance with this Federal Law, perform duties similar to the duties for the position being filled in the internal affairs bodies, when moving an employee in the same unit and in the same area; 20) undergo mandatory state fingerprint registration in accordance with federal law; 21) know and comply with the requirements for the protection of professional work activities (labor safety). 2. The main responsibilities of an internal affairs officer who has been awarded a special police rank are also determined by the Federal Law “On the Police”. 3. Other main responsibilities may be assigned to an employee of internal affairs bodies in accordance with the legislation of the Russian Federation. 4. The official duties of an employee of the internal affairs bodies for the position being filled in the internal affairs bodies are determined by the job regulations (job description). Article 13. Requirements for the official conduct of an employee of internal affairs bodies 1. When carrying out official activities, as well as during off-duty hours, an employee of internal affairs bodies must: 1) proceed from the fact that the recognition, observance and protection of the rights and freedoms of man and citizen determine the content of his professional service activities; 2) take care of preserving their honor and dignity, do not allow decisions to be made for reasons of personal interest, do not commit acts in the performance of official duties that cast doubt on the objectivity, fairness and impartiality of the employee, damaging his reputation, the authority of the federal executive body in the sphere of internal affairs, as well as state power; 3) show respect, politeness, tact towards citizens, and, within the limits of official authority, assist them in the exercise of their rights and freedoms; 4) maintain neutrality, not give preference to any political parties, other public associations, religious and other organizations, professional or social groups, citizens; 5) do not allow public statements, judgments and assessments, including in the media, in relation to government bodies, officials, political parties, other public associations, religious and other organizations, professional or social groups, citizens, if this is not included in his official duties; 6) show respect for national customs and traditions, take into account the cultural and other characteristics of various ethnic and social groups, and prevent actions that violate interethnic and interfaith harmony; 7) perform official duties conscientiously and at a high professional level; 8) perform official duties within the competence of the federal executive body in the field of internal affairs, established by the legislation of the Russian Federation. 2. An employee of internal affairs bodies holding the position of manager (chief) is obliged to prevent cases of coercion of employees to participate in the activities of political parties, other public associations and religious organizations. 3. Requirements for the official conduct of an employee of internal affairs bodies who has been assigned a special police rank are also determined by the Federal Law “On the Police”. 4. Other requirements for the official conduct of an employee of internal affairs bodies are determined in accordance with the legislation of the Russian Federation. Article 14. Restrictions, obligations and prohibitions associated with service in internal affairs bodies 1. An employee of internal affairs bodies is subject to restrictions, obligations and prohibitions associated with service in internal affairs bodies, established by Article 29 of the Federal Law “On the Police”. 2. Consideration of issues related to employees’ compliance with restrictions and prohibitions, their performance of duties established by Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” and other federal laws is carried out in the manner determined by the President of the Russian Federation. Article 15. Responsibility of an employee of internal affairs bodies 1. For committing a crime, an employee of internal affairs bodies bears criminal liability in accordance with the legislation of the Russian Federation. 2. For committing administrative offense An employee of internal affairs bodies bears disciplinary liability in accordance with this Federal Law, the disciplinary charter of internal affairs bodies of the Russian Federation, approved by the President of the Russian Federation, with the exception of an administrative offense for which the employee is subject to administrative liability on a general basis in accordance with the Code of the Russian Federation on Administrative offenses. 3. For violations of official discipline, disciplinary sanctions are imposed on an employee of internal affairs bodies in accordance with Articles 47, 49 - 51 of this Federal Law. 4. For failure by an employee of internal affairs bodies to comply with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and failure to fulfill the duties established for the purpose of combating corruption by this Federal Law, Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” and other federal laws, the penalties provided for in Article 50 of this Federal Law are imposed. 5. Harm caused to citizens and organizations by unlawful actions (inaction) of an employee of internal affairs bodies during the performance of his official duties is subject to compensation in the manner established by the legislation of the Russian Federation. In the event of compensation by the Russian Federation for damage caused by unlawful actions (inaction) of an employee, the federal executive body in the field of internal affairs has the right to claim back (recourse) to the employee in the amount of the compensation paid, for which the federal executive body in the field of internal affairs may apply to court on behalf of the Russian Federation with a corresponding statement of claim. 6. For damage caused to the federal executive body in the field of internal affairs, its territorial body, division, an employee of the internal affairs bodies bears financial liability in the manner and in cases established by labor legislation. Article 16. Uniforms, insignia of an employee of the internal affairs bodies and departmental insignia 1. In order to reflect the affiliation of an employee of the internal affairs bodies with service in the internal affairs bodies, uniforms and insignia for special ranks are established for him. Descriptions of uniforms and insignia for special ranks are approved by the Government of the Russian Federation, and the rules for wearing uniforms are approved by the federal executive body in the field of internal affairs. 2. Departmental insignia of an employee of internal affairs bodies, insignia according to the employee’s affiliation with the federal executive body in the field of internal affairs, its territorial body or division, insignia according to the functional purpose and area of ​​activity of the employee and the rules for wearing them are determined by the federal executive body in sphere of internal affairs. 3. Citizens with special ranks of senior command, dismissed from service in internal affairs bodies with the right to a pension, are allowed to wear uniforms, and citizens with special ranks of middle and senior command of the internal service or justice, dismissed from service in internal affairs bodies cases with the right to a pension, wearing uniforms may be permitted by decision of the head of the federal executive body in the field of internal affairs. 4. The uniform and insignia of employees of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, members of public associations who are not employees of internal affairs bodies cannot be similar to the uniform and insignia of employees of internal affairs bodies. . The wearing of uniforms and insignia for special ranks of employees by citizens who do not have the right to do so is prohibited and entails liability in accordance with the legislation of the Russian Federation. Chapter 4. THE EMERGENCE AND CHANGES OF LEGAL RELATIONS IN THE SERVICE IN THE INTERNAL AFFAIRS BODIES Article 17. The right to enter the service in the internal affairs bodies 1. Citizens at least 18 years of age have the right to enter the service in the internal affairs bodies, regardless of gender, race, nationality, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, fluent in the state language of the Russian Federation, meeting the qualification requirements established by this Federal Law, capable of performing the official duties of an employee due to their personal and business qualities, physical fitness and health status internal affairs bodies. 2. Enrollment in an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time training as a cadet or student is admission to service in the internal affairs bodies. Citizens under the age of 18 have the right to enroll in educational institutions of higher professional education of the federal executive body in the field of internal affairs for full-time study. 3. The age limit for entering service in internal affairs bodies is established: 1) for filling positions in internal affairs bodies - 35 years; 2) for admission to educational institutions of higher professional education of the federal executive body in the field of internal affairs for full-time study - 25 years. 4. Age restrictions for entering the service in internal affairs bodies of citizens who previously served in internal affairs bodies or in federal executive authorities in positions for which special (military) ranks are awarded are determined age restrictions for serving in the internal affairs bodies established by Article 88 of this Federal Law. 5. A citizen cannot be recruited to serve in internal affairs bodies in the cases provided for in Part 1 of Article 29 and Part 3 of Article 35 of the Federal Law “On the Police”. 6. Citizens entering service in the internal affairs bodies undergo, in the manner determined by the federal executive body in the field of internal affairs, psychophysiological studies (examinations), testing aimed at identifying consumption without a doctor’s prescription narcotic drugs or psychotropic substances and alcohol or substance abuse. 7. For a citizen entering service in the internal affairs bodies, a personal guarantee is issued, which consists of a written undertaking by an employee of the internal affairs bodies with at least three years of service that he guarantees that the specified citizen will comply with the restrictions and prohibitions established for employees by this Federal Law and other federal laws. The procedure and categories of positions for which a personal guarantee is issued upon appointment are determined by the federal executive body in the field of internal affairs. Article 18. Documents submitted by a citizen for admission to service in internal affairs bodies 1. To enter service in internal affairs bodies, a citizen personally submits to the federal executive body in the field of internal affairs, its territorial body, subdivision: 1) an application requesting admission to service in the internal affairs bodies (to study at an educational institution of higher professional education of the federal executive body in the field of internal affairs) in the form established by the federal executive body in the field of internal affairs (hereinafter referred to as the application); 2) passport of a citizen of the Russian Federation; 3) a personally completed and signed application form in the form established by the Government of the Russian Federation; 4) a personally written autobiography; 5) state document on education; 6) documents military registration- for those liable for military service and citizens subject to conscription military service; 7) work book, except in cases where official (labor) activities are carried out for the first time or if the work book is lost, or a copy work book if the citizen at the time of studying his documents is working under an employment contract; 8) notification or certificate of registration with the tax authority; 9) information about your income, property and property-related obligations, as well as information about the income, property and property-related obligations of your spouse and minor children in the form established by the legislation of the Russian Federation; 10) consent expressed in writing, to carry out activities related to obtaining access to information constituting state and other secrets protected by law, and verifying the accuracy of the information reported by the citizen; 11) consent, expressed in writing, to the processing of a citizen’s personal data in order to study the possibility of recruiting him to serve in the internal affairs bodies. 2. Other documents, in addition to those specified in part 1 of this article, are submitted in cases established by law Russian Federation. 3. The documents specified in paragraphs 2, 5 - 8 of part 1 of this article, after certification of their copies by an authorized official, are returned to the citizen on the day of their presentation. 4. The procedure for accepting documents for admission to service in internal affairs bodies and the list of officials who have the right to accept these documents are approved by the federal executive body in the field of internal affairs. Article 19. Review of documents submitted by a citizen for admission to service in internal affairs bodies, and making decisions on them 1. List of authorized managers and other officials authorized to review documents submitted by a citizen for admission to service in internal affairs bodies, and making decisions on them are approved by the federal executive body in the field of internal affairs. 2. The authorized manager, within three months from the date of acceptance of the application, ensures that activities related to access to information constituting state and other secrets protected by law are carried out in relation to the citizen, checking the accuracy of the information provided by him, checking the level of physical fitness, and sends the citizen to undergo medical examination (examination) and carrying out activities for professional psychological selection. 3. The period for checking the accuracy of the information reported by the citizen may be extended by the authorized manager up to four months with written notification of this to the citizen. 4. Based on the results of consideration of documents submitted by a citizen for admission to service in the internal affairs bodies, taking into account the conclusion military medical commission, the results of psychophysiological studies (examinations), testing aimed at identifying the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription and the abuse of alcohol or toxic substances, the level of physical fitness and personal guarantee, the authorized manager makes one of the following decisions: 1) on confinement with a citizen employment contract with the condition of testing provided for in Article 24 of this Federal Law; 2) on admission to participation in the competition for filling a position in the internal affairs bodies; 3) on concluding a contract with a citizen; 4) on sending a citizen for admission to an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study; 5) a refusal to admit a citizen to serve in the internal affairs bodies or to enroll in an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study. 5. The authorized manager informs the citizen in writing about the decision made in accordance with Part 4 of this article within ten days from the date of adoption of the relevant decision. 6. The procedure for conducting inspections provided for in Part 2 of this article is established by the federal executive body in the field of internal affairs. Article 20. Grounds for the emergence and change of legal relations in the service of internal affairs bodies 1. Legal relations in the service of internal affairs bodies between the Russian Federation and a citizen arise and are carried out on the basis of a contract concluded in accordance with this Federal Law. The contract comes into force on the day determined by the order of the head of the federal executive body in the field of internal affairs or the authorized head on the appointment of a citizen to a position in the internal affairs bodies, unless otherwise provided by this Federal Law. 2. In cases and in the manner established by the legislation of the Russian Federation, legal relations between the Russian Federation and a citizen (employee of internal affairs bodies) arise on the basis of a contract as a result of: 1) admission to service in internal affairs bodies based on the results of a competition; 2) enrollment in an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study based on the results of passing entrance examinations; 3) appointments to positions in internal affairs bodies; 4) reinstatement in the internal affairs bodies in accordance with the legislation of the Russian Federation. 3. A change in legal relations in the service of internal affairs bodies (appointment of an employee of internal affairs bodies to another position in internal affairs bodies) is carried out on the basis of the consent or petition of the employee, expressed in writing in his appeal to the head of the federal executive body in the field of internal affairs or to the authorized manager (hereinafter referred to as the report). The employee’s report also indicates that he has familiarized himself with the job regulations (job description), the basic conditions of service in the internal affairs bodies, the established procedure for calculation and payment monetary allowance, service time and rest mode (if this mode differs from general rules internal official regulations established in the federal executive body in the field of internal affairs, its territorial body, division). 4. Without the consent of an employee of internal affairs bodies, legal relations in service in internal affairs bodies are changed only in cases provided for by this Federal Law and the Federal Law “On the Police”. 5. If, after concluding a contract, an employee of the internal affairs bodies is appointed to another position in the internal affairs bodies, this does not require the re-conclusion of a contract concluded for an indefinite period. Such an appointment is formalized by order of the head of the federal executive body in the field of internal affairs or an authorized head, subject to the provisions of Part 3 of this article. In this case, appropriate changes are made to the contract. 6. If a citizen (employee of internal affairs bodies) selected through a competition to fill a position in internal affairs bodies refuses to conclude a contract, an order for appointment to a position in internal affairs bodies is not issued. Article 21. Contract on service in the internal affairs bodies 1. Contract is an agreement between the head of the federal executive body in the field of internal affairs or an authorized leader and a citizen entering service in the internal affairs bodies, or an employee of the internal affairs bodies on service in the bodies internal affairs and (or) filling a position in internal affairs bodies. The contract establishes the rights and obligations of the parties. 2. The head of the federal executive body in the field of internal affairs or an authorized head undertakes to ensure that a citizen entering service in the internal affairs bodies and an employee of the internal affairs bodies ensures the completion of service in the internal affairs bodies in accordance with this Federal Law, and pays in a timely and full amount employee compensation and provide him with social guarantees. 3. A citizen entering service in the internal affairs bodies, and an employee of the internal affairs bodies, when concluding a contract, undertake to perform official duties in accordance with the job regulations (job description) and comply with the restrictions and prohibitions associated with service in the internal affairs bodies, as well as internal official regulations of the federal executive body in the field of internal affairs, its territorial body, division. Article 22. Types and duration of the contract 1. The first contract is concluded with a citizen entering the service of the internal affairs bodies for the first time. 2. The contract may be concluded for an indefinite period or for a specific period. 3. A contract concluded for an indefinite period is valid until the employee reaches age limit being in service in internal affairs bodies, except for cases established by this Federal Law. 4. With a citizen entering an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study, who has not reached the age of 18 years, a contract is concluded with his written consent legal representatives(parents, adoptive parents, guardians, trustees). 5. A contract for a certain period (hereinafter referred to as a fixed-term contract) is concluded: 1) with a citizen entering service in the internal affairs bodies for the first time to fill a position in the internal affairs bodies - for four years, unless otherwise provided by the Federal Law "On the Police" ; 2) with a citizen entering service in the internal affairs bodies, or with an employee of the internal affairs bodies to fill the position of a temporarily absent employee, who, in accordance with this Federal Law or other federal laws, retains a position in the internal affairs bodies - for the period of absence of the employee ; 3) with a citizen entering an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study - for the period of study with the obligation to enter into a contract for subsequent service in internal affairs bodies in the manner established by Article 23 of this Federal Law ; 4) with an employee of internal affairs bodies entering an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study or full-time postgraduate study at an educational or research institution of the federal executive body in the field of internal affairs - for the period training and mandatory subsequent service in the internal affairs body that sent the employee for training, in the manner established by Article 23 of this Federal Law; 5) with an employee of internal affairs bodies entering full-time doctoral studies at an educational or research institution of a federal executive body in the field of internal affairs - for the period of study; 6) with an employee of internal affairs bodies who has expressed a desire to enter into a new fixed-term contract upon expiration of the previous fixed-term contract - for a period determined by agreement of the parties, but not less than one year; 7) with an employee of the internal affairs bodies, who is assigned, for a period of more than six months, by the head of the federal executive body in the field of internal affairs or an authorized manager to perform special tasks or tasks in special conditions, - for the period of performing special tasks or tasks under special conditions; 8) with an employee of internal affairs bodies appointed to the position of manager (chief) - for the period of filling the position in internal affairs bodies; 9) with an employee of internal affairs bodies appointed to a position in a representative office of the federal executive body in the field of internal affairs located outside the territory of the Russian Federation - for the period of filling the position in internal affairs bodies; 10) with an employee of internal affairs bodies who has reached the age limit for serving in internal affairs bodies - for the period determined in accordance with Article 88 of this Federal Law; 11) with a citizen entering service in the internal affairs bodies, or with an employee of the internal affairs bodies to fill the position of teaching staff in educational institution higher professional education of the federal executive body in the field of internal affairs based on the results of the competition - for five years; 12) in other cases provided for by this Federal Law and the Federal Law “On the Police”. 6. A fixed-term contract is concluded in cases where legal relations related to service in the internal affairs bodies cannot be established for an indefinite period, taking into account the position being filled in the internal affairs bodies or the conditions of service, unless otherwise provided by this Federal Law and the Federal Law " About the police." 7. The conclusion of a fixed-term contract, provided for in paragraph 7 of part 5 of this article, is possible either with or without the release of an employee of the internal affairs bodies from the position being filled in the internal affairs bodies. If an employee is released from the position being replaced after the termination of the specified contract, he is provided with another position in the internal affairs bodies for replacement, but not lower than the one previously filled. 8. A fixed-term contract provided for in paragraph 1 of part 5 of this article is considered concluded for an indefinite period, unless two months before its expiration the parties express their desire to enter into a new fixed-term contract or terminate the contract. 9. The contract is suspended in cases provided for in Article 37 of this Federal Law. 10. The contract loses force from the day the employee of the internal affairs bodies ceases to serve in the internal affairs bodies, the conclusion of a new contract with him, as well as in other cases provided for by this Federal Law and the Federal Law “On the Police”. Article 23. Contents of the contract 1. The contract indicates the date and place of its conclusion, the name of the federal executive body, the position, surname, first name, patronymic of the head of the federal executive body in the field of internal affairs or the authorized head, surname, first name, patronymic of the citizen entering for service in the internal affairs bodies, or position, special rank, last name, first name, patronymic of an employee of the internal affairs bodies who are parties to the contract, and other necessary information about the parties to the contract. The contract also specifies the rights and obligations of the parties to the contract in accordance with parts 2 and 3 of Article 21 of this Federal Law. 2. The contract provides following conditions : 1) non-disclosure by an employee of internal affairs bodies of information constituting state and other secrets protected by law, confidential information (official secrets); 2) the obligation of a citizen or employee of internal affairs bodies to serve in internal affairs bodies upon completion of training at an educational institution of higher professional education of the federal executive body in the field of internal affairs for no less than the period established by the fixed-term contract concluded with him, if the training was carried out at the expense of budgetary funds federal budget allocations; 3) other conditions that do not worsen the situation of an employee of internal affairs bodies in comparison with the situation established by this Federal Law. 3. In a contract concluded with a citizen or employee of internal affairs bodies entering an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study or full-time adjunct or doctoral studies at an educational or research institution of the federal executive body in the field of internal affairs, the following are provided: 1) an indication of the obligation of the Russian Federation to ensure that a citizen or employee of internal affairs bodies receives professional education in the specialty necessary to fill the corresponding position in internal affairs bodies; 2) an indication of the prohibition of engaging a cadet, student of an educational institution of higher professional education of the federal executive body in the field of internal affairs, who has not reached the age of 18, to perform tasks related to a threat to their life or health; 3) the obligation of a citizen to enter into a contract for subsequent service in the internal affairs bodies or the obligation of an employee to serve in the internal affairs body that sent him for training for a period of: a) at least five years - upon graduation from an educational institution of higher professional education of the federal executive body in sphere of internal affairs; b) at least three years - after expulsion from an educational institution of higher professional education of the federal executive body in the field of internal affairs, no earlier than from the third year on grounds that do not interfere with service in internal affairs bodies; c) at least two years - upon completion of a full-time postgraduate course at an educational or research institution of a federal executive body in the field of internal affairs; d) at least five years - in case of admission to a full-time postgraduate course at an educational or research institution of a federal executive body in the field of internal affairs immediately after graduating from an educational institution of higher professional education of a federal executive body in the field of internal affairs; 4) form of development educational program ; 5) conditions for practical training and internship in the federal executive body in the field of internal affairs; 6) the obligation of the employee, in cases provided for by this Federal Law, to reimburse the federal executive body in the field of internal affairs for the costs of his training. 4. The contract concluded with an employee of the internal affairs bodies, appointed to a position in the internal affairs bodies, for which rotation is provided, includes a provision on the possibility of transferring the employee in the prescribed manner to another equivalent position, including to another locality, and in the event of his refusal - about the possibility of transfer in the prescribed manner to a lower position or dismissal from service in the internal affairs bodies. 5. The terms of the contract can be changed only by agreement of the parties and in writing, with the exception of cases provided for in Part 1 of Article 35 of this Federal Law. 6. If a fixed-term contract is concluded, it shall indicate the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term contract in accordance with this Federal Law and the Federal Law “On Police”. 7. The contract provides for the responsibility of the parties for failure to fulfill or improper performance of official duties and assumed obligations in accordance with the legislation of the Russian Federation. It is prohibited to require an employee of internal affairs bodies to perform duties not established by the contract and job regulations (job description), except for the cases provided for by this Federal Law and the Federal Law “On the Police”. 8. The contract is concluded in writing in two copies, each of which is signed by the parties to the contract. One copy of the contract is handed over to the internal affairs officer, the other is kept in his personal file. The approximate form of the contract is established by the federal executive body in the field of internal affairs. 9. Appendices to the contract may include documents related to service in the internal affairs bodies, signed by the parties to the contract. Article 24. Test upon entry into service in the internal affairs bodies 1. For a citizen entering service in the internal affairs bodies, in order to check the level of his training and suitability for the position in the internal affairs bodies for which he is applying, a test is established for a period of two to six months, except for the cases established by parts 10 and 11 of this article. When entering service in the internal affairs bodies for a position, upon filling which a special police rank is awarded, a probationary period of less than three months is not allowed. 2. For the probationary period, the candidate is appointed as a trainee to the appropriate position in the internal affairs bodies without assigning him a special rank. 3. During the test, the trainee performs duties and enjoys rights in accordance with the position being filled in the internal affairs bodies and the terms of the employment contract. The trainee is not permitted to carry or possess firearms during the probationary period. It is prohibited to use a trainee in operational activities when there may be a threat to his life or when his independent actions, due to professional unpreparedness, may lead to a violation or infringement of the rights, freedoms and legitimate interests of citizens. During the probationary period, the trainee, in addition to performing the main duties and assignments of the position, undergoes individual training at the place of duty under the guidance of the immediate supervisor (chief) and a mentor from among experienced employees of internal affairs bodies, appointed by order of the authorized manager. During the testing period, further study of the trainee's business and personal qualities is carried out. 4. During the probation period, a fixed-term employment contract is concluded with the trainee; the trainee is subject to labor legislation, as well as parts 1 - 3 of Article 68 of this Federal Law. 5. No later than 14 days before the end of the probationary period, the trainee’s immediate supervisor (supervisor) prepares a written conclusion on the trainee’s performance of official duties during the trial period. This conclusion, after the trainee has reviewed it, is presented to the authorized manager for approval. 6. The conclusion must contain one of the following recommendations: 1) recognizing the trainee as having passed the test; 2) on recognizing the trainee as having failed the test. 7. Based on the conclusion, the authorized manager, no later than three days before the end of the test period, makes one of the following decisions: 1) to conclude a contract with the trainee; 2) on termination of the employment contract with the trainee in the manner established by labor legislation. 8. The probation period does not include the period of temporary incapacity for work of the trainee and other periods when he did not actually perform official duties. An increase in the probationary period for the period of temporary incapacity for work of the trainee, as well as for the period of his absence from service for other valid reasons, is formalized by order of the authorized manager. 9. The probationary period is counted towards length of service in the internal affairs bodies (length of service). 10. The test is not established: 1) for citizens appointed to positions of senior management; 2) for citizens entering educational institutions of higher professional education of the federal executive body in the field of internal affairs for full-time study; 3) for citizens appointed to positions based on the results of a competition. 11. By decision of the head of the federal executive body in the field of internal affairs or an authorized head, the test may not be established for citizens who previously served in federal executive bodies in positions for which special (military) ranks are awarded. Article 25. Filling positions in internal affairs bodies by competition 1. Appointment to certain positions in internal affairs bodies included in the list of positions approved by the head of the federal executive body in the field of internal affairs is carried out based on the results of a competition, which consists of assessing the professional level of applicants to fill a position in the internal affairs bodies, their compliance with the established qualification requirements for the relevant position. 2. A competition is not held: 1) for the appointment of managers (chiefs), the appointment and dismissal of which are carried out by the President of the Russian Federation; 2) when concluding a fixed-term contract in the cases provided for in paragraphs 2, 6, 7 and 10 of part 5 of article 22 of this Federal Law; 3) when appointing an employee of internal affairs bodies to another position in internal affairs bodies in the cases provided for in parts 5 and 7 of Article 30, parts 1 - 3 of Article 36 of this Federal Law; 4) upon appointment to a position in the internal affairs bodies of an employee of the internal affairs bodies who is in the personnel reserve in accordance with this Federal Law, with the exception of appointment to the position of teaching staff in an educational institution of higher professional education of the federal executive body in the field of internal affairs. 3. Applicant for replacement vacant position the internal affairs bodies may be denied admission to participate in the competition due to non-compliance with the qualification requirements for this position, as well as in connection with the restrictions established by this Federal Law and other federal laws for entering and completing service in the internal affairs bodies. 4. An applicant for a vacant position in the internal affairs bodies who is not allowed to participate in the competition has the right to appeal this decision in accordance with this Federal Law. 5. To conduct a competition for filling a vacant position in the internal affairs bodies, a competition commission of the federal executive body in the field of internal affairs, its territorial body or division is formed. 6. The composition of the competition commission includes the authorized head and (or) employees of the internal affairs bodies determined by him, including from the personnel department, the legal (legal) department and the unit in which the competition for filling a vacant position in the internal affairs bodies is held, as well as representative of the relevant public service management body. The composition of the competition commission, taking into account the provisions of the legislation of the Russian Federation on state secrets, may also include, with the right of an advisory vote, members of public councils under the federal executive body in the field of internal affairs and its territorial bodies, representatives of scientific and educational institutions, organizations - specialists in the activities of bodies internal affairs. 7. The composition of the competition commission for holding a competition to fill a vacant position in internal affairs bodies, the performance of official duties for which involves the use of information constituting state and other secrets protected by law, is formed taking into account the provisions of the legislation of the Russian Federation on state secrets. 8. The composition of the competition commission is formed in such a way as to exclude the possibility of a conflict of interest that could affect the decisions made by the competition commission. 9. An applicant for a vacant position in the internal affairs bodies has the right to appeal the decision of the competition commission in accordance with this Federal Law. 10. The procedure and conditions for holding a competition to fill a vacant position in internal affairs bodies are established by the federal executive body in the field of internal affairs. Article 26. The emergence and change of legal relations in the service of internal affairs bodies during the period of martial law During the period of martial law, the application of Articles 20 - 25 of this Federal Law is suspended. The peculiarities of the emergence and change of legal relations in the service in the internal affairs bodies and the peculiarities of serving in the internal affairs bodies during the period of martial law are determined by the President of the Russian Federation. Chapter 5. PROCEDURE FOR SERVICE IN THE MINISTERAL AFFAIRS BODIES Article 27. Appointment to positions in the internal affairs bodies 1. Appointment to positions of senior command staff and dismissal from these positions are carried out by the President of the Russian Federation. 2. Appointment to positions of ordinary personnel, junior, middle and senior commanding personnel is carried out by the head of the federal executive body in the field of internal affairs or an authorized head in the manner determined by this Federal Law, the Federal Law "On Police" and regulatory legal acts of the federal executive body in the field of internal affairs. Article 28. Oath of an employee of the internal affairs bodies of the Russian Federation 1. An employee who first entered service in the internal affairs bodies is sworn to the Oath of an employee of the internal affairs bodies of the Russian Federation. The taking of the Oath is carried out in a solemn atmosphere before National flag Russian Federation. 2. Text of the Oath of an employee of the internal affairs bodies of the Russian Federation: “I, (last name, first name, patronymic), entering service in the internal affairs bodies, solemnly swear allegiance to the Russian Federation and its people! I swear when exercising the powers of an employee of the internal affairs bodies: to respect and protect the rights and freedoms of man and citizen, sacredly observe the Constitution of the Russian Federation and federal laws; be courageous, honest and vigilant, spare no effort in the fight against crime; honorably fulfill my official duty and the responsibilities entrusted to me to ensure security, legality and law and order, keep state and official secrets. I serve Russia, I serve the Law!" 3. The procedure for swearing in an employee of the internal affairs bodies of the Russian Federation is established by the federal executive body in the field of internal affairs. Article 29. Job regulations (job description) 1. Professional work activities of an employee of internal affairs bodies are carried out in accordance with the job regulations (job description), approved by the head of the federal executive body in the field of internal affairs or an authorized head. 2. The procedure for developing and approving job regulations (job descriptions), their approximate form are established by the head of the federal executive body in the field of internal affairs. Article 30. Transfer of an employee of internal affairs bodies 1. Transfer of an employee of internal affairs bodies in the cases established by this Federal Law to a higher, equivalent or lower position in the internal affairs bodies, to another locality or in connection with his enrollment in an educational institution of higher professional education federal executive body in the field of internal affairs is permitted with the consent of the employee, expressed in writing, unless otherwise provided by this Federal Law. 2. A position in internal affairs bodies is considered superior if it has a higher special rank than the special rank for the previous position in internal affairs bodies, and if the special ranks are equal, a higher official salary. 3. The transfer of an employee of internal affairs bodies to a higher position of rank and file, junior, middle or senior management is carried out based on the results of certification and (or) competition, except for cases where the appointment of an employee to a higher position in internal affairs bodies is carried out from the personnel reserve, in which he was in accordance with Article 78 of this Federal Law. 4. A position in internal affairs bodies is considered equivalent if it is provided with a special rank and official salary equal to the special rank and official salary for the previous position in internal affairs bodies. 5. The transfer of an employee of internal affairs bodies to an equivalent position in internal affairs bodies is carried out: 1) in connection with the need to fill another position in the interests of the service or by rotation in accordance with Part 12 of this article; 2) for health reasons in accordance with the conclusion of the military medical commission; 3) for personal or family circumstances ; 4) in connection with the reduction of the position being filled by the employee; 5) in connection with the restoration of an employee to the position that he previously filled, if this position is filled by another employee; 6) in connection with the termination of a fixed-term contract; 7) in connection with the termination of access to information constituting state and other secrets protected by law necessary for the performance of official duties; 8) in order to eliminate circumstances related to the direct subordination or control of employees who are in relationships of close kinship or affinity, in accordance with the legislation of the Russian Federation. 6. A position in internal affairs bodies is considered inferior if a lower special rank is provided for it than the special rank for the previous position in internal affairs bodies, and if the special ranks are equal, a lower official salary. 7. The transfer of an employee of the internal affairs bodies to a lower position in the internal affairs bodies is carried out: 1) for health reasons in accordance with the conclusion of the military medical commission; 2) for personal or family reasons; 3) in connection with the reduction of the position being filled by the employee; 4) in order to impose a disciplinary sanction; 5) in connection with the restoration of an employee to the position that he previously filled, if this position is replaced by another employee and there is no equivalent position; 6) in connection with the termination of access to information constituting state and other secrets protected by law necessary for the performance of official duties; 7) in connection with refusal to transfer to an equivalent position in the order of rotation in accordance with Part 12 of this article; 8) due to the employee’s inadequacy for the position being filled (taking into account the recommendation of the certification commission); 9) in order to eliminate circumstances related to the direct subordination or control of employees who are in relationships of close kinship or affinity, in accordance with the legislation of the Russian Federation. 8. The transfer of an employee of the internal affairs bodies to a lower position in the internal affairs bodies on the basis provided for in paragraph 1, 3, 5 or 6 of part 7 of this article is permitted if it is impossible to transfer him to an equivalent position. In this case, an employee transferred to a lower position in the internal affairs bodies on the basis provided for in paragraphs 1, 3 or 5 of part 7 of this article shall retain his official salary in the amount established for the last position that he filled before being appointed to a lower position. Payment of the retained official salary is made until the employee has the right to receive a higher official salary as a result of its increase in the prescribed manner or the appointment of an employee to a position in the internal affairs bodies with a higher official salary. 9. The transfer of an employee of the internal affairs bodies is carried out upon his enrollment in an educational institution of higher professional education of the federal executive body in the field of internal affairs for full-time study or full-time postgraduate or doctoral studies at an educational or research institution of the federal executive body in the field of internal affairs based on the results of passing entrance examinations. 10. If it is impossible to transfer an employee of the internal affairs bodies to another position in the internal affairs bodies or his refusal to such a transfer, the employee is subject to dismissal from service in the internal affairs bodies, except for cases of refusal to transfer on the grounds provided for in Part 3, paragraphs 1, 3 and 6 of part 5, paragraph 2 of part 7 and part 9 of this article. In this case, the contract with the employee is terminated due to the impossibility of transfer or the employee’s refusal to transfer to another position in the internal affairs bodies, unless otherwise provided by this Federal Law. On the impossibility of transferring an employee, the personnel division of the federal executive body in the field of internal affairs, its territorial body or division shall prepare a corresponding conclusion. The employee’s refusal to transfer is documented in a report. If an employee refuses to submit a report, a corresponding report is drawn up. 11. The performance of equivalent functions in another position in the internal affairs bodies in the same unit and in the same area, which does not entail a change in the terms of the contract, is not a transfer and does not require the consent of an employee of the internal affairs bodies. 12. An employee of the internal affairs bodies who continuously fills the same position of the head of a territorial body of the federal executive body in the field of internal affairs for six years may be transferred by rotation by decision of the President of the Russian Federation, the head of the federal executive body in the field of internal affairs. affairs or an authorized manager to another equivalent position in the same locality, and if such a transfer is impossible - to another equivalent position in another locality. In case of refusal without good reason from a rotation transfer, the employee, with his consent, may be transferred to a lower position in the same area, and in case of refusal, he may be dismissed from service in the internal affairs bodies. 13. The transfer of an employee of the internal affairs bodies to another position in the internal affairs bodies is carried out by decision of the President of the Russian Federation, the head of the federal executive body in the field of internal affairs or an authorized head and is formalized by a corresponding act, which is brought to the attention of the employee against receipt. Until an employee is appointed to a position in the internal affairs bodies at a new place of duty, formalized by the relevant act, service relations with him or her at the previous place of duty are maintained. Article 31. Temporary performance of duties 1. An employee of the internal affairs bodies, with his consent, may be temporarily assigned duties for a higher position in the internal affairs bodies, with or without simultaneous release from performing duties in the position being replaced. 2. The continuous period of performance of duties for a vacant (not filled by another employee of the internal affairs bodies) position of ordinary personnel, junior, middle or senior command staff cannot exceed two months in the current year, and for a position of senior command staff - six months. 3. The continuous period of performance of duties for a non-vacant (replaced by another employee of the internal affairs bodies) position in the internal affairs bodies during the temporary absence of the employee filling this position cannot exceed four months in the current year. 4. An employee of internal affairs bodies temporarily performing duties in a vacant position in internal affairs bodies may be appointed to it by way of transfer before the end of the temporary performance of duties. 5. The assignment of temporary duties to an employee of the internal affairs bodies in accordance with this article and the release of him in connection with this from performing duties in the position of rank and file, junior, middle or senior commanding staff are carried out by order of an authorized manager, except for the case when the execution The duties of the immediate supervisor (boss) during his absence are provided for in the employee’s job regulations (job description). 6. The procedure for assigning temporary duties to an employee of internal affairs bodies in a position of senior command and releasing him from temporary performance of duties in a position of senior command is established by the President of the Russian Federation. 7. Monetary allowance to an employee of internal affairs bodies temporarily performing duties in a position in internal affairs bodies in accordance with this article is paid in the manner prescribed by the legislation of the Russian Federation. 8. In connection with official necessity, by decision of the authorized manager, an employee of internal affairs bodies may, without release,

Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation"

This Federal Law comes into force on January 1, 2012, with the exception of Articles 94 and this Federal Law, which come into force on the date of official publication of this Federal Law

The text of the Federal Law was published in the "Parliamentary Gazette" dated December 2, 2011 N 52-53, in " Rossiyskaya newspaper" dated December 7, 2011 N 275, in the Collection of Legislation of the Russian Federation dated December 5, 2011 N 49 (Part I) Article 7020, on the "Official Internet portal of legal information" (www.pravo.gov.ru) 1 December 2011

Resolution Constitutional Court of the Russian Federation of November 11, 2014 N 29-P, paragraph 7 of part 3 of Article 82 of this Federal Law is recognized as inconsistent with the Constitution of the Russian Federation to the extent that it allows the dismissal from service in the internal affairs bodies of employees in respect of whom before this Federal Law in criminal prosecution in cases of public prosecution is terminated in connection with the reconciliation of the parties or in connection with active repentance, if the acts committed by them at the time of deciding the issue of terminating the service contract with them and dismissal from service are not recognized as crimes

By the Resolution of the Constitutional Court of the Russian Federation of March 21, 2014 N 7-P, paragraph 7 of part 3 of Article 82 of this Federal Law was recognized as inconsistent with the Constitution of the Russian Federation:

To the extent that in the system of current legal regulation it presupposes the mandatory and unconditional termination of a service contract with an employee of internal affairs bodies and his dismissal from service if criminal prosecution against him in a private prosecution case is terminated due to the reconciliation of the parties before joining this legislation comes into force;

To the extent that, according to the meaning attached to law enforcement practice, in the system of current legal regulation it allows the occurrence of the provisions provided for by it adverse consequences in connection with the commission of an act by an employee of the internal affairs bodies, which at the time of deciding the issue of terminating the service contract with him and dismissing him from service is not recognized as a crime

This document is amended by the following documents:

See the future version of this Federal Law

The text of this Federal Law is presented in the version in force at the time of release of the version of the GARANT system installed on you

Changes take effect upon official publication

The changes come into force one hundred and eighty days after the official publication of the said Federal Law

The changes come into force on the date of official publication of the said Federal Law

The changes come into force 10 days after the official publication of the said Federal Law

The changes come into force on the date of official publication of the said Federal Law

The changes come into force 10 days after the official publication of the said Federal Law

The changes come into force 10 days after the official publication of the said Federal Law

The current Federal Law 342 has undergone a number of changes. They affected the salary of workers who have specialized skills and work in organizations in the field of the penal system, as well as the fire service.

Description of Law 342

Federal Law-342 was adopted on November 17, 2011, and approved by the Government of the Russian Federation on November 25, 2011. Last changes were not included in the law.

Federal Law 342 regulates issues in the following area:

• Enrollment in the internal affairs bodies of a citizen. This describes the procedure for hiring/dismissing an employee;
• Distribution of employee ranks into categories. The method for assigning special ranks in the police, their schematic division, and the rules for entering the civil service are determined;
• Realization of the rights and freedoms of citizens in social society based on Federal Law-342;
• Submission to the established official routine;
• Attraction Money to the organs.

In the Russian Federation, the activities of internal affairs bodies are carried out according to the main aspects of the previously created state system.

Main aspects of the law (FZ-342):

• Employees are distributed according to chain of command;
• Professional interview for employment under equal conditions. Opportunity for promotion. Place of residence, official position, gender, race, nationality do not matter;
• The relationship of duties, restrictions, prohibitions, responsibilities in the service of social guarantees of the employee and the internal affairs bodies;
• The principles of service in the internal affairs bodies are observed under certain provisions of the law.

Download the latest version of Federal Law 342

It should be noted that amendments to Federal Law No. 342 were made on April 3, 2017. 342-FZ on service in internal affairs bodies, as amended, contains 98 articles and 14 chapters. Study Federal Law-342 with changes, additions and amendments to the law by downloading the law from the following.

Latest changes made to the Law “On Service in the Internal Affairs Bodies”

On April 3, 2017, Federal Law No. 342 underwent a number of changes. They touched upon the period of periodic testing for the professional suitability of an employee under Federal Law-342. Now employees also undergo individual training at the place of duty under the supervision of a manager. In this case, an internal audit must be carried out within one month from the date of issuance of the law order. These and other changes are presented in the following articles:

Article 11: Here are the rights of employees of internal affairs bodies in accordance with Federal Law 342:

• Every employee has the right to professional development and education;
• Must be familiar with the instructions of the internal affairs bodies, methods for high speed performance of official duties, performance indicators and methods of development and promotion;
• Has the right to payment of funds. The main source of income for an internal affairs officer, the amount of which motivates the high-quality performance of official duties;
• Providing case materials and information for the performance of official duties on the basis of Federal Law-342;
• Access to official or state secrets;
• Access to reviews of his own performance and other documents included in his personal file. Written explanations and other materials and documents are attached to your characteristics;
• Security of personal information.

In accordance with the law, an internal affairs officer may carry and store a pistol or other firearm in a specially designated place. Other rights may be granted to an employee of internal affairs bodies in accordance with Federal Law-342. No changes were made in the latest edition.

Article 12: The main responsibilities of employees of internal affairs bodies are listed.

• The employee is obliged to act in accordance with the Constitution of the Russian Federation and other legal or regulatory acts, including Federal Law-342. Follow instructions in strict accordance, and also, if necessary, pass a knowledge test;
• Follow the regulations specified in the job description and other documents. Leaders' orders are not discussed. If they are contrary to the law, then they need not be followed;
• Responsibilities also include discussing work-related issues that can be discussed with superiors or direct supervisor;
• While performing your direct duties, it is necessary to respect the interests and legal rights of individuals and legal entities according to Federal Law-342;
• Comply with internal job description territorial body. If any violations of the law occur, you must immediately report the information to your direct superior;
• If the information provided in the service has the status of special secrecy, it is prohibited to disclose information about the law. After all, this concerns the health of citizens, their honor and dignity;
• The ability to provide information about expenses, income of the property of one’s own spouse, as well as children under 18 years of age;

Article 13: The rules of conduct for employees of internal affairs bodies in accordance with Federal Law 342 are indicated:

• An employee’s behavior directly depends on compliance with rules, regulations and legitimate interests of civilians;
• Each employee is obliged to take care of his reputation. He should not make a decision that suits his personal interests. In the form of official duties, actions should not be revealed that raise doubts about fairness and objectivity;
• An internal affairs officer is obliged to show care, respect and good tactics in accordance with Federal Law 342;
• Do not show the degree of preference for political parties, maintain neutrality in religious views and so on.

There were no changes in the latest version of the law.

Article 22: Employees of internal affairs bodies are not allowed to act on instructions in accordance with Federal Law-342 in relation to:

• Pregnant persons, as well as categories of citizens with noticeable disabilities. This also applies to persons under 14 years of age. But if there is armed resistance, an attack by a group of people, this rule does not apply;
• During peaceful meetings, protests, rallies, processions, demonstrations, if they do not disturb order in the city, travel public transport and does not restrict other means of communication.

There are legal restrictions on equipment specially issued to police officers:

• You cannot use a special stick to cause bodily harm to the head, abdomen, clavicular area, genitals and heart area;
• You cannot use the issued items if the outside temperature drops below 0 degrees Celsius;
• Forced stopping devices are not permitted vehicle, which is used by diplomatic missions and other participants of foreign states under Federal Law-342;

It is allowed to install special coloring agents on various real estate objects with the consent of the owner. By law it is prohibited to install them by random persons. Only the territorial authority determines whether water cannons and armored vehicles should be used. Within one day, the case is transferred to the territorial body under Federal Law-342.

Other encumbrances are established by internal local acts by the federal executive body by law.

If the funds are used for their intended purpose in accordance with Part 1 of Art. 23 FZ-342, restrictions are not imposed on their use.

Article 30: Describes the transfer of an employee of internal affairs bodies, which are controlled by the current Federal Law. He can be moved one rank higher, lower, to another locality, or enrolled in an educational institution to obtain qualifying knowledge in accordance with Federal Law-342.

Article 31: An internal affairs officer may be assigned the duties of a higher position for a certain period in accordance with the law. The transfer of requirements is carried out with his consent. At the time of execution of instructions from superiors, the employee is/is not released from current duties.

In one year, the period of performance of the duties of another official should be no more than 6 months (in accordance with Federal Law-342).

If a position that will have to be filled by law is considered unvacant, then the period of replacement should not exceed four months.

An employee who is performing the temporary duties of another official in accordance with the law may be officially transferred before the end of the period of the position being filled. An order is issued according to which the employee can be temporarily transferred to another position. But only if the official regulations do not provide for the procedure for replacing and performing his duties during a business trip of a superior person under Federal Law-342. There have been no changes to the law in the latest edition.

Article 49: Controls violation of official discipline

If the internal regulations under Federal Law 342 are not followed, this leads to a violation of the disciplinary regulations in accordance with this law. The violation may be detected in a territorial authority or division. Restrictions and prohibitions regarding the conduct of the internal affairs service were not observed. Also, the obligations, instructions and direct orders of the managers/supervisor provided for in the contract have not been fulfilled. A violation is detected when performing basic duties or exercising rights under Federal Law No. 342.

Article 50: Violation of local regulations by an employee of internal affairs bodies entails the following disciplinary sanctions:

• Written remark in accordance with the law;
• Regular and severe reprimand;
• Warning about improper behavior in accordance with the internal regulations of Federal Law-342;
• Transfer to a lower position;
• Assigning one or more outfits out of turn.

For one violation of an internal affairs officer, only one penalty is imposed. disciplinary action in law. The full name of the violator is excluded from the book or honor board in the establishment of internal affairs bodies or units. Transfer of an employee to a lower position is applied in the event of repeated or gross violation of discipline or if a disciplinary sanction is imposed in writing under Federal Law-342. No changes were made in the latest edition.

Article 52: Federal Law-342 describes how to conduct an internal audit according to the law. Carried out by order of the federal executive authority: chief or manager. The article monitors the behavior, character and circumstances of each employee to identify violations of discipline.

Article 56: Talks about types of vacations

An internal affairs employee can go on paid leave using the following type of vacation under Federal Law-342:

• Basic;
• Additional;
• Vacation;
• For personal reasons;
• Other vacation days, if additional compensation is paid according to the law.

The duration of vacation is calculated from 1/12 of the main and additional vacations in accordance with the current law (FZ-342). This number is multiplied by the number of months of work. If the employee took 10 calendar days, this period is included in the main vacation for the next 12 months. No changes were made in the latest edition.

Article 57: Document FZ-342 contains aspects about basic leave.

The main vacation of an employee of internal affairs bodies has a duration of 30 calendar days according to the law. And employees of the Far North (an area with unfavorable climatic conditions) - 45 calendar days according to Federal Law-342. If the vacation includes non-working and holidays, it increases by the number of these weekends. There should be less than 10 of them.

Employee law enforcement can divide one vacation into two parts. One of them must include at least 14 calendar days. The employee is also given a period of travel to the destination under Federal Law-342. But only once.

If an employee works in the Far North, unused vacation in two years in accordance with the law can be connected. That is, he will be able to take vacation for two continuous months if he has not previously taken it. No changes were made in the latest edition.

Article 61: Leave for personal reasons

Leave for personal reasons can be no more than 10 calendar days in accordance with Federal Law-342. Provided upon serious illness or death loved one, natural disaster. It can also be obtained in case of psychological recovery of the employee. An employee may take an unlimited number of personal leave per year (in accordance with this law).

Article 72: Describes an official dispute in the internal affairs bodies

Disagreement in the application of a number of Federal laws or other regulatory and legal acts RF in the field of internal affairs and contract, or by an employee and an authorized manager who enters service in the internal affairs bodies or between the immediate and direct manager and the employee. The latest changes in the wording of Federal Law-342 did not affect this article.

Article 82.1

This article of Federal Law-342 was amended on April 3, 2017. An employee of internal affairs bodies is dismissed if mistakes are made and the trust of other officials is lost:

• The conflict in the team is not resolved if he is the initiator;
• Employees of internal affairs bodies do not provide information about profits and expenses on property;
• The investigation by an internal affairs officer was carried out on a paid basis. In the internal regulations, such behavior is strictly excluded;
• The police officer was actively entrepreneurial activity, which is unacceptable according to Federal Law-342. The law states that there is a strict absence of outside commercial activities.

Service in internal organs is not only “dangerous and difficult.” Every working moment is fraught with many legal conflicts. They can only be avoided if there are clearly regulated laws.

Federal Law 342 on service in the internal affairs bodies of the Russian Federation

This act, first published in 2011, on December 7, is intended to regulate the legal side of the work of police officers. Its text is periodically revised, amended and improved, for example, in February and June 2015.

With these additions, this legislative document came into force at the beginning of 2016. For example, one of the key amendments was made in 2014, on November 11, when the clause that allowed for non-compliance with constitutional norms in the form of unlawful dismissal of employees was abolished.

This dilemma concerned situations in which police officers who were under criminal supervision had their contracts terminated, despite the reconciliation of the two parties and obvious repentance. Even if the crime was not recognized before entry current law this point was not taken into account.

Basic provisions

At the beginning of the Law its main provisions are published. They specify the key terms of the Federal Law, which avoids their double interpretation. The following presents the subject of regulation of this Law, namely: legal relations arising when applying for a job, during service and upon dismissal from the authorities.

It also stipulates the status of a police officer and confirms the regulation by the legislation of the country of the civil service, under which a police officer serves, but only under the civilian system. At the same time, labor relations are regulated by labor legislation.

The main provisions explain the subject of the law, regulation, principles of service in the units of the Ministry of Internal Affairs, as well as their relationship with municipal and public service other types.

Security Guarantee

According to this version of the Law, a local police officer must be provided with:

• Salary according to staffing schedule.
• Treatment, rest in a sanatorium or resort, which applies to both the police officer and his close relatives.
• Insurance, payment of monetary compensation for damage caused during the period of service.
• Protection in the event of threats to an employee and close relatives with the aim of impeding their activities under the law or retaliation for police activities.
• Uniforms and food kit.
• Pension with bonuses and other social guarantees.

342 Federal Law on service in internal affairs bodies

Chapter 9 presents guarantees of social protection for all workers in this category

On social guarantees of a police officer

Articles of this Law devoted to guarantees for employees of departments of the Ministry of Internal Affairs:

• Art. 66 stipulates the salaries of police officers.
• Art. 67 states about the provision of housing, treatment and restoration of health in a sanatorium-resort setting.
• Art. 68 considers the compulsory nature of insurance.
• Art. 69 talks about the provision of uniforms and food rations.
• Art. 70 regulates compliance with pension legislation for police officers and their immediate relatives.

Family leave

According to the Labor Code, an employee of any department of the Ministry of Internal Affairs can use leave for personal reasons. All employees have the same right to this type vacation up to 10 days (calendar), to which the travel time to the vacation spot and back is added.

The reasons for this may vary, from illness and death of relatives to the need for psychological recovery of the employee. Such leaves for personal reasons can be granted throughout the year in unlimited quantities upon the report of a subordinate and the official order of management.

Federal Law 342 as amended 2016 with comments

The new edition is posted on the website of the Ministry of Internal Affairs of the Russian Federation. You can also conveniently and quickly download Federal Law 342 on service in internal affairs bodies on our website. In this form, as users themselves claim, it is much easier to work with it, study it and the changes made.

Housing for those discharged from a military base

The issue of providing housing for employees is carried out in accordance with the legislation of the Russian Federation. The same applies to those discharged from military bases. Having reached retirement, leaving for a reason poor health or upon reduction (if there is 10 years of experience or more), the employee can take advantage of a housing subsidy or receive housing itself.

They are given to the individual pensioner to choose from. To do right choice, he can listen to the advice of his colleagues. But it is more correct and reasonable to consult a lawyer.

Abbreviation: order of adoption

Article 85 introduces the topic of termination of a contract due to the initiative of the management. This requires advance notice to each individual employee of the impending contract termination. Dismissal occurs after this notice after 2 months, if there are grounds for this related to health complications, the return of an employee who previously worked here, or the expulsion of an employee from a specialized university.

Federal Law 342 on service in the internal affairs bodies of the Russian Federation can be downloaded

After 2 weeks upon receipt of the notification, the contract is terminated and a work book is issued if there are issues stipulated by the Law: inconsistency with the position held, end of a business trip to the police department, failure to fulfill job responsibilities and the contract, the desire of the person being fired. Reduction on the initiative of management is unacceptable in the event of employee illness, vacation or business trip.

All this news contributes to the regulation of employee performance internal organs, as well as strengthening the guarantees of its social security.

1. An employee of internal affairs bodies is provided with the following types of leave with continued pay:

1) main vacation;

2) additional holidays;

3) vacation leave;

4) leave for personal reasons;

5) leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs;

6) other types of vacations if their payment is provided for by the legislation of the Russian Federation.

2. Basic and additional leaves to an employee of internal affairs bodies are granted annually starting from the year of entry into service in the internal affairs bodies.

3. The duration of leave granted to an employee of internal affairs bodies in the year of joining the service of internal affairs bodies is determined by multiplying one-twelfth of the main and additional leaves established for the employee in accordance with this chapter by the number full months who passed from the beginning of service in the internal affairs bodies to the end of the current calendar year. Vacation lasting less than 10 calendar days is added to the main vacation for the next calendar year.

4. Basic leave for the second and subsequent years of service in internal affairs bodies is granted to an employee of internal affairs bodies at any time during the year in accordance with the schedule approved by the head of the federal executive body in the field of internal affairs or an authorized head. In this case, additional leaves are summed up and can be provided simultaneously with the main leave or separately from it at the request of the employee. In this case, the total duration of continuous vacation should not exceed 60 calendar days (excluding travel time to and from the vacation location). The duration of continuous leave established by this part does not apply to an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones.

5. Basic leave, leave for personal reasons, leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs and leave granted to an employee of internal affairs bodies in the year of joining the service in internal affairs bodies for a duration of 10 calendar days or more, increase by the number of calendar days required to travel to the vacation destination and back, taking into account the type of transport, but not less than one day one way.

6. In exceptional cases, when the absence of an employee of the internal affairs bodies in the service of the internal affairs bodies entails the impossibility of proper implementation by the federal executive body in the field of internal affairs, its territorial body, division of the functions established by the legislation of the Russian Federation, the period for granting leave determined by the schedule may, by agreement with the employee, be transferred by order of the head of the federal executive body in the field of internal affairs or an authorized manager.

7. Part of the main leave of an employee of the internal affairs bodies, exceeding 30 calendar days, can be replaced at his request monetary compensation in the manner established by the federal executive body in the field of internal affairs. An employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, as well as harmful conditions, replacing part of the vacation with monetary compensation, as a rule, is not allowed, except in the case of his dismissal from service in the internal affairs bodies.

8. A female employee of internal affairs bodies, as well as an employee who is a father (adoptive parent, trustee) and raising a child without a mother (in the event of her death, deprivation of her parental rights, long stay V medical institution and in other cases of absence of maternal care for objective reasons), parental leave is granted until the child reaches the age of three years in the manner established by labor legislation. Such an employee, to the extent that does not contradict this Federal Law, is subject to social guarantees established by labor legislation.

9. An employee of internal affairs bodies holding a teaching position in an educational institution of higher professional education of the federal executive body in the field of internal affairs is granted basic leave and additional leave for length of service in internal affairs bodies, as a rule, during the vacation period of cadets. , listeners, with the exception of the case of providing such an employee with a voucher for treatment at another time.

10. When an employee of the internal affairs bodies is transferred to another locality, the main leave and additional leaves not used by him are granted, as a rule, to the previous place of service in the internal affairs bodies, and if this is not possible, to the new place of service in accordance with this chapter.

11. An employee of internal affairs bodies who is dismissed from service in internal affairs bodies on the grounds provided for in Part 1, paragraph 1, 2, 3, 4, 8, 9, 11, 13, 16, 17, 18, 19 or 21 of Part 2 or clause 6, 11 or 12 of part 3 of article 82 of this Federal Law, at his request, vacations provided for by the legislation of the Russian Federation are granted.

12. Providing an employee of internal affairs bodies with leave, combining or dividing leave, extending or postponing leave, replacing part of the leave with monetary compensation and recalling an employee from leave are formalized by order of the head of the federal executive body in the field of internal affairs or an authorized manager.