Наталья Ключевская
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Минтруд России разработал законопроект, предусматривающий ряд поправок в Федеральный закон от 27 июля 2004 г. № 79-ФЗ «О государственной гражданской службе Российской Федерации» (далее — Закон № 79-ФЗ). Документ вынесен на общественное обсуждение.
В частности, предлагается скорректировать порядок перевода государственных гражданских служащих на иные должности гражданской службы в том же или ином госоргане. Речь идет о формировании отдельного перечня оснований для перевода и существенном расширении количества случаев, при которых такой перевод допускается. В случае одобрения поправок перевод станет возможен и тогда, когда гражданский служащий вынужден освободить замещаемую им должность по независящим от сторон служебного контракта причинам (например, при восстановлении на службе ранее замещавшего эту должность гражданского служащего по решению суда, при прекращении допуска к сведениям, составляющим гостайну, при необходимости предотвращения конфликта интересов и устранения обстоятельств, связанных с подчиненностью или подконтрольностью).
Наряду с этим в Законе № 79-ФЗ может появиться возможность перевода гражданского служащего на иную должность гражданской службы по инициативе самого гражданского служащего в связи с личными или семейными обстоятельствами (при условии, что размер оклада по новой должности не превышает размера оклада по старой).
Также законопроектом1 планируется:
дифференцировать условия служебного контракта (не на существенные и дополнительные, как сегодня, а на обязательные и дополнительные) и уточнить порядок изменения условий по инициативе представителя нанимателя; закрепить два механизма обеспечения временного исполнения гражданским служащим обязанностей по иной должности гражданской службы (путем временного перевода на другую должность с гарантией сохранения ранее замещаемой должности, на которую по срочному служебному контракту может быть назначено другое лицо, либо путем возложения на гражданского служащего дополнительных обязанностей по другой должности наряду с обязанностями по замещаемой должности).
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1 С текстом законопроекта «О внесении изменений в Федеральный закон «О государственной гражданской службе Российской Федерации» (в части совершенствования порядка прохождения государственной гражданской службы)» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/05-19/00091527).
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