Requirements for experience in the state civil service

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The concept of civil service appeared in domestic legislation in 2004 with the adoption of the corresponding law No. 79-FZ. This was done in order to distinguish this type of service from work in law enforcement agencies and the armed forces of the Russian Federation.

From now on, it is correct to call this state civil service (hereinafter also referred to as the State Civil Service). And length of service in such positions allows citizens to claim certain privileges. We will talk below about the rules for calculating this length of service and the benefits that individuals can claim if they have a certain length of service behind them.

State civil service experience - what is it?

The legislator does not give a clear definition of this term, assuming that it is obvious. Thus, it should be understood as the period of time during which the citizen worked as a civil servant (hereinafter also referred to as GS).

But the civil service itself is determined by Part 1 of Art. 3 of the mentioned law 79-FZ: this is a type of civil service designed to ensure the execution of state powers by various bodies at the federal and regional levels.

What privileges does it give

The length of service of the State Civil Service affects the emergence of the right to receive certain guarantees and benefits provided for by law in relation to this category of employees.

These privileges include:

• the right to state pension provision (monthly cash payments for length of service before the general retirement age if you have 20 years of civil service experience from 2026 or an additional payment to the general insurance pension);
• receiving an allowance as part of the monthly salary of the General Staff for length of service;
• provision of additional annual leave, the duration of which directly depends on the GHS period.

Attention! Also, federal law, by-laws or regulatory documents of a constituent entity of the Russian Federation may establish other guarantees, the provision of which is tied to a certain duration of government service. For example, at the federal level this is currently rewarded for impeccable and efficient service.

Experience requirements

In general terms, we can identify the following types of activities that are included in the length of service of the state civil service (they are given in Part 1 of Article 54 of Law 79-FZ):

• filling public positions, which include elected officials, which include, for example, the president or governor;
• performing military service under a contract;
• work in other types of federal public service positions;
• directly performing civil service in accordance with the contract;
• filling municipal positions and municipal service positions (their difference also lies in the presence of an employment contract or its absence, as is the case if a citizen was elected to a position based on election results).

The above list is not exhaustive, and federal legislation may establish other periods of activity that constitute the State Civil Code. In particular, in addition to those indicated, there are separate approved lists for calculating the duration of the State Civil Service for the purpose of assigning pension payments or benefits in the process of carrying out official (labor) activities.

In order to calculate the right to assign a pension for long service, Decree of the President of the Russian Federation dated September 20, 2010 No. 1141 was adopted. It contains 20 different categories, some of which are divided into subparagraphs.

In particular, among them, in addition to those listed:

• periods of work in the prosecutor's office or investigative committee;
• military service, work in the Ministry of Internal Affairs, fire service, drug control, penal service;
• work in customs, tax police;
• service in interstate bodies (in particular, the CIS, the Union State of Russia and Belarus, etc.);
• trade union work, etc.

To grant the right to additional leave and various additional payments during the performance of the State Civil Service, another Presidential Decree is applied - dated November 19, 2007 No. 1532. It has 21 points, most of which coincide with the above list.

Important! In this case, the SG may submit an application to its manager or to a special commission on experience created under the relevant body to count work in other positions during the period of the SG. In the event that the qualities that were acquired at this place of work were required by the GS in the service, from the point of view of the commission or the employer, then they will be taken into account.

To assign a pension, such periods of work can also be taken into account, but they are counted by the relevant body if an application for such offset is submitted along with the application for a long-service pension.

New requirements for length of service for filling positions in the state civil service

The President of the Russian Federation has determined new qualification requirements for the length of service required to fill positions in the state civil service of the Russian Federation. This was done by issuing Decree of the President of the Russian Federation dated January 16, 2017 No. 16 “On qualification requirements for length of service in the state civil service or work experience in a specialty, area of ​​training, which is necessary to fill positions in the federal state civil service.”

Fundamentally, the length of service itself remained unchanged. In accordance with paragraph 1 of Decree No. 16 of January 16, 2017, replacement is now required:

a) senior positions in the federal state civil service - at least six years of experience in the state civil service or at least seven years of work experience in the specialty or area of ​​training;

b) the main positions of the federal state civil service - at least four years of experience in the state civil service or at least five years of work experience in the specialty or area of ​​training;

c) leading positions in the federal state civil service - at least two years of experience in the state civil service or at least four years of work experience in the specialty or area of ​​training;

d) senior and junior positions in the federal state civil service - without requirements for length of service.

Compared to the previously effective Decree of the President of the Russian Federation dated September 27, 2005 No. 1131, the changes here are only editorial in nature. Firstly, references to other types of civil service experience were excluded. However, this is not of fundamental importance, since in accordance with paragraph 3 of the same Decree No. 16 of January 16, 2017, when calculating the length of service in the state civil service for filling a position in the federal state civil service, the specified length of service includes periods of filling positions in the federal state civil service, state civil service service of the constituent entities of the Russian Federation, military positions and other types of federal public service positions, government positions, municipal positions, municipal service positions and other positions in accordance with federal laws. Accordingly, when determining the length of service in the state civil service required to fill a specific civil service position, it must still include periods of filling other types of civil service positions.

Secondly, in paragraph 1 of Decree No. 16 of January 16, 2017, there was an indication to take into account work experience not only in the specialty, but also in the field of training. This is due to the current norms of education legislation, according to which professional education can be obtained both in certain specialties (secondary vocational education; specialty) and in areas of training (bachelor's, master's).

The new decree, like the previous one, establishes a reduced length of service required to fill leading positions in the state civil service - 1 year for persons with specialist or master's degrees with honors, within three years from the date of issue of the diploma.

The novelty of Decree No. 16 dated January 16, 2017 is to define the rules for calculating work experience in a specialty or area of ​​training depending on the education received. Its appearance is due to changes made in 2021 to Art. 12 of the Federal Law “On the State Civil Service of the Russian Federation”, according to which, to fill positions in the state civil service, by decision of the employer’s representative, an additional qualification requirement may be introduced - to the specialty, direction of training (Part 1 of Article 12). If such a requirement is introduced for a civil service position, it is subject to inclusion in the job regulations (Part 7, Article 12).

Accordingly, when calculating length of service in a specialty or area of ​​training, personnel services of state bodies must now take into account whether a qualification requirement for a specialty or area of ​​training has been established for a specific civil service position or not.

In the first case, when calculating work experience in a specialty or area of ​​training, the specified length of service must include periods of work in this specialty or area of ​​training after the citizen (federal civil servant) receives a document on education and (or) qualifications in the specified specialty or area of ​​training . The second includes all periods of work of a citizen (federal public civil servant), during which he acquired the knowledge and skills necessary to perform official duties in the federal public civil service, after receiving a document on professional education of the level that meets the qualification requirements for filling a position in the federal state civil service (in other words: a document confirming the presence of higher or secondary education without taking into account its focus).

Qualification requirements for length of service in the state civil service or work experience in a specialty, area of ​​training, which is necessary to fill positions in the state civil service of the constituent entities of the Russian Federation, must be established by the laws of the constituent entities of the Russian Federation, taking into account the provisions of Decree No. 16 dated January 16, 2017.

Calculation of civil service experience

So, based on the norms of the law, the periods directly specified in Law 79-FZ, as well as those specified in the relevant Presidential Decrees, automatically count towards the state civil service.

Although in practice a decision of a specially created commission on experience is required. Also, in some cases, up to 5 years of work in positions not related to the State Civil Service can be counted , but at the discretion of the employer or a special commission.

Let's consider this situation. A citizen holds the position of state civil service tax inspector for 5 years. Before that, he worked for 2 years as an employee in the election commission of a constituent entity of the Russian Federation, for 3 years as a property specialist in the administration of a municipal entity, and for 5 years as the chief accountant of a state unitary enterprise.

The time spent working as a tax inspector is the State Civil Service due to the direct instructions of the relevant Federal Law; work in the IC and the local administration is counted in it both from the point of view of the law and on the basis of both of these decrees.

In addition, since work in the tax office requires financial literacy and accounting knowledge, a citizen has the right to apply for credit for work as an accountant in the State Statistics Service. Since the maximum period is limited to 5 years, all 5 years can be counted. In case of a positive decision, the length of service of the State Civil Service will therefore be 15 years.

What periods of work of a civil servant are taken into account?

Presidential Decree No. 1574 introduced a list of positions related to the civil service. The period during which a civil servant held one of the positions indicated in the list is included in the total length of service of the employee. Various positions are included in this document:

• Federal;
• Municipal;
• Regional;
• Military;
• Law enforcement;
• Others.

By decision of the management of the government agency, work in positions that are not included in the list is included in the employee’s length of service. The amount of time spent by an employee acquiring the skills and knowledge necessary to perform official duties is also counted towards the service period. Years of work in the USSR public administration system count toward the employee’s total length of service.

The following periods of work cannot be included in the duration of civil service:

• in the role of personnel involved in technical support of government agencies;
• in the organizational department of the construction team;
• as an employee of the party committee at enterprises;
• as chairman of a collective farm;
• in cooperatives;
• private entrepreneur;
• as a contractor;
• as a hired employee for private individuals;
• in commercial organizations.

Some types of activities not reflected in the list are also included in the work experience of a civil servant. These include the following periods of work:

• in liquidated government institutions transferred by law to federal government services.
• in state apparatuses reorganized into federal government bodies;
• in the USSR management system;
• in state corporations and associations created by decree of the Council of Ministers of the USSR.

The types of activities listed above are included in the employee’s length of service by decision of the management of the government agency. If for some reason this cannot be done, you should contact the Ministry of Social Development of the Russian Federation. He is authorized to resolve issues of accrual of length of service for civil servants.

List of documents required to confirm work experience

The legislation does not provide an exhaustive list of documents that can confirm the State Civil Service, but contains some examples.

In particular, such documents can serve as:

• work book (essentially the main document);
• labor and service contracts (agreements);
• military ID;
• certificates from the military commissariat;
• reference documents from archival organizations or from former employers, etc.

Reference! In the event that other periods (up to 5 years) were included in the length of service of the State Civil Service, then it is necessary to preserve the decision of the relevant commission or the head of the body authorized to make the decision.

To summarize, we note that the duration of the State Civil Service directly affects the employees’ right to receive a number of guarantees and benefits. To receive preferential pension benefits, additional labor guarantees related to the amount of salary and the duration of additional paid leave, you must have a certain length of service.

Depending on the type of additional guarantees, confirmation of its duration can be carried out by various documents, including a work book, employment contracts, decisions of the relevant commissions and bodies and the inclusion of the period of work in the length of service of the State Civil Service, etc.

List of documents for confirmation

A work book is considered a document certifying the length of service in the civil service. If it is not there, then you can confirm the duration of your government work using an archival certificate. It must be accompanied by copies of orders on entry into position and removal from it.

It is also necessary to confirm that the position held is related to public administration. The following documents are required for this:

• employment history;
• regulations on the state institution where professional activities were carried out;
• instructions on job responsibilities.