Civil Servant as a Subject of Labor Law

Nowadays one of the topical problems of the science of labour law is the issue of attributing the regulation of labour activity of public servants to the subject of administrative or labour law. In addition, as Article 11 of the Labour Code of the Russian Federation establishes the extension of labour law norms to civil servants, we presume the existence of labour law relations in relation to these subjects. As a result of the study, the author has concluded that relations arising from the employment of civil servants have all the elements of an employment relationship and can therefore be attributed to the sphere of labour law regulation. However, this group of relations has a number of differences from labour relations arising with employees of other categories: 1.The distinguishing feature of the subject composition is the involvement as an employer of a public authority whose main task is the exercise of public power; 2. Due to the increased public and legal significance of the work of civil servants there is a different set of methods of legal regulation of their professional activities than those generally accepted in labour law. The special nature of activity of public servants lies in the fact that, as a conductor of public policy, they must have a special set of moral and ethical qualities, because only in the case of strict compliance with the principle of legality, providing citizens with high quality public services, avoidance of corruption components, the authority of executive power will be preserved in the performance of their official duties; 3. Civil servants, again because of the public law significance of their activities, have a special labour legal personality and a special labour law status; 4. 4.In order to streamline the activities of civil servants, a special method of legal regulation is applied, the essence of which lies, firstly, in the predominant regulation of legal relations by centralized and local norms (rules, regulations, job descriptions, orders, methods, work instructions). Under market relations, the predominant method of regulating labour relations is the contractual method. However, the legal techniques used by the legislator prevent the contractual order in the identification of the legal status of civil servants as subjects of labour law. Secondly, a large number of labour relations of civil servants are regulated in accordance with the norms of labour law. In general, it should be noted that at the current stage of development of legislation on public service there is a subsidiary application of norms of labour law to this group of relations. Thirdly, significant differences are present in the order of emergence, termination and modification of legal relations of public servants, as well as in the procedure for bringing them to disciplinary responsibility, which is fully confirmed by judicial practice. In view of these circumstances, we consider it admissible to refer public servants to the number of special subjects of labour law.