Наталья Ключевская
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Соответствующий проект приказа Генерального прокурора РФ направлен на независимую антикоррупционную экспертизу.
Согласно документу1 испытание назначается в целях проверки соответствия гражданского служащего замещаемой должности гражданской службы, его деловых и профессиональных качеств, а также способности надлежащим образом исполнять служебные обязанности. На время испытания к служащему будет приставлен наставник для оказания профессиональной помощи и поддержки в решении служебных заданий, оценки компетентности, участия в подведении итогов исполнения им должностных обязанностей.
В документе идет речь как об испытании лица, впервые принимаемого на службу в органы прокуратуры, так и ранее проходившего госслужбу. Отличие состоит лишь в длительности испытаний: для первой категории предусмотрено испытание сроком от месяца до года, для второй – от месяца до шести месяцев. Установлено, что условие об испытании подлежит включению в служебный контракт и в приказ представителя нанимателя о назначении гражданина на должность гражданской службы. При этом закрепленный в этих документах срок испытания запрещено продлевать.
В случае одобрения проекта приказа, если срок испытания истечет, а гражданский служащий продолжит замещать должность гражданской службы, то будет считаться, что он выдержал испытание, успешно освоил должностные обязанности и допущен к их самостоятельному исполнению. Одновременно порядком прохождения испытания установлены возможности:
расторжения служебного контракта до истечения срока испытания как по инициативе испытуемого, так и по решению представителя нанимателя при неудовлетворительном результате испытания (при досрочном расторжении контракта необходимо обязательное письменное уведомление другой стороны не менее чем за три дня); увольнения гражданского служащего в период прохождения испытания по иным основаниям; обжалования испытуемым в суд решения представителя нанимателя, принятого по итогам испытания.
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1 С текстом проекта приказа Генерального прокурора РФ «Об утверждении Положения о порядке прохождения испытания при поступлении на федеральную государственную гражданскую службу в органы прокуратуры Российской Федерации» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 04/15/07-19/00093005).
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