Disciplinary restrictions on government officials are due. The system of disciplinary restrictions is designed to establish a list of publicly significant violations before the state’s civil services. Desire and disciplinary pressure on communities

In accordance with the wishes of government officials, the legislation of the Russian Federation transfers, if necessary, legal authority: disciplinary, material, administrative, criminal and civil law.

Disciplinary authority means the retention of disciplinary action in the service order for disciplinary offenses and other illegal acts, not reinvestigation in the criminal order.

Substitute categories, types of disciplinary restrictions, rights of bodies viconic ruler and the order of the ceremonies of their burden, as well as the order of stagnation and disgrace with the arrangement of specific minds in the same way state service established by federal laws, statutes and discipline regulations. Subjects of the Federation do not have the right to regulate the nutrition of disciplinary subordinates.

Federal law"About the sovereign civil service Russian Federation Counted, for the discharge of the discilled misconduct, Tobto for the non -disconnic is not alerted by the viconnia by the Tsivile services of the yogo vini ledenikh on the nyogodoviki Obov'yazkiv, the representer of the hire of Ma, the right to fasten the cinema -bastard I’ll tell you about the change of heart and the awkward position; exemption from the civil service from the service, established by the Federal Law, we will look at a few reports about the reduction of exemption from the civil service.

Penalty for serious disciplinary offenses, such as violation of civil service obligations, is possible only in cases expressly established by law. This is entirely consistent with the tired theory and practice of the concept of justice as a special world of disciplinary constraint. Let's highlight disciplinary restriction and dismissal of the doctor. And here the robot seller implements his declaration about the application of the contract for an unknown party to the other party. Commentary on the Labor Code of the Russian Federation / Issue. ed. A.M. Kurinny, S.P. Mavrin, E.B. Khokhlov. M.: Lawyer, 2005. Nevipadkovo The Plenum of the Supreme Court of the Russian Federation stated that, due to the established disciplinary restrictions, the employer is guilty of covering the severity of the disciplinary offense, in any case, the forward behavior of the employee , yogo position before pratsi. Resolution to the Plenum of the Supreme Court of the Russian Federation dated January 17, 2004. No. 2 “About the enforcement of the Labor Code of the Russian Federation by the courts of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 2004. No. 6. In this case, the worker can provide evidence not less than the infliction of disciplinary restrictions on the conditions in which he was insured. " Supreme Court The Russian Federation is interested in the fact that it is important for the correct consideration of claims about the violation of disciplinary restrictions, and renewal at work also supports the completion of the work by the employer, and is followed by him in case of stagnation of the disciplinary restrictions before the doctor. sacred principles legal, and also disciplinary authority, such as fairness, equity, proportionality, legality, guilt, humanism (p. 53).” Kurinny A. Lotsia in a stormy world labor law// EZh-Lawyer. 2004. No. 14.

With regard to everything said, the civil service will be exonerated for the violation or improper termination of their service obligations, as it appears, only subject to the rules established by Art. 37 of the Federal Law “On the State Civil Service of the Russian Federation”. The article conveys the possibility of a civil service for committing such disciplinary offenses:

- repeated non-violation of civil servants without good reason, without good reason, of police duties, which may lead to disciplinary restrictions (Clause 2, Part 1, Article 37);
- one-time gross violation of civil service officers' bonds (clause 3, part 1, article 37):
- a) absenteeism (absenteeism on duty without important reasons for several years after the end of the duty day);
- b) appearing in the service of alcohol, drugs or other toxic intoxication;
- c) disclosure of information that became a state secret that is protected by federal law, and service information that became known to the civil service in connection with the siege of the law enforcement authorities;
- d) the commission of theft (including dribble) of someone else's property, waste, mental depletion or destruction of such property, established by the general court, which has gained legal force, or the decision-making body, the authorized one to review the information about the administrative law shennya;
- accepted by civil services, which replace the decision of the civil service of the "kerivniki" category, an unresolved decision that caused the destruction of the safety of the lane, the unlawful violation of the mine, or any other mischief in the lane sovereign body(Clause 5, Part 1, Article 37);
- a one-time gross violation of the civil service, which replaces the civil service of the category “kerivniki”, of their civil service obligations, which caused harm to the sovereign body and (or) violation of Russian legislation ї Federation (clause 6, part 1, article 37).

The law prescribes the procedure for the establishment and removal of disciplinary restrictions. Thus, for any disciplinary offense you may receive at least one disciplinary penalty. Before the contract is established, the employer's representative is responsible for obtaining an explanation from the civil service in written form. Once the service date of explanation is completed, a final act is formed. The police service is overcoming the stagnation of disciplinary restrictions.

Before imposing a disciplinary restriction, it is obligatory to carry out a service check to establish all the circumstances of the offense that respectful mind acceptance of an objective decision by the hiring representative and therefore guaranteeing the protection of the employee’s rights. Objectively, it is possible to establish: 1) the fact of a serious disciplinary offense; 2) the fault of the serviceman; 3) cause the reason for the crime, the motives for the crime; 4) the nature and extent of the harm resulting from the disciplinary offense; 5) the conditions that became the basis for a written statement to the civil services about the conduct of a service check whenever it was carried out in connection with such a statement.

Service verification is entrusted to the subdivision of the sovereign body with the supply of the sovereign service and personnel with the participation of the legal (legal) subdivision of the sovereign body and the elected professional body of this sovereign body.

Based on the results of the service check, a letter draft is formed, at the center of which the hiring representative makes a decision about the imposition of the contract.

Disciplinary tension will cease immediately after a disciplinary offense has been identified, unless no later than a month from the day it was discovered, and it cannot be resolved at all later than six months, and the results of the transfer rivers of financial-state activity or audit review- More than two fatalities since the day of the last disciplinary offense.

A civilian serviceman has the right to appeal the contract in writing to the commission of service disputes to a government agency or to court.

The disciplinary level of military service members is regulated by the disciplinary statute of the Armed Forces of the Russian Federation. The statute defines the essence of military discipline, the mandatory obligations of military servicemen until the end, types of disciplinary restrictions, the rights of commanders (chiefs) before their stagnation, as well as the procedure for submitting and reviewing proposals , saying that skarg. The statute is expanding both to military servicemen and to those in reserve and those who have the right to wear military uniforms to warrant officers, midshipmen and officers at the time of wearing the uniforms. and.

Military discipline is defined by a disciplinary statute as a rule and, more precisely, the observance by all military services of the order and rules established by laws, military statutes and orders of commanders (chiefs). Vaughn is considered to be a military service member of the military service with special responsibility for the defense of Fatherland, on his selfless dedication to the people and Fatherland. Disciplinary statute of the Armed Forces of the Russian Federation (approved by decree of the President of the Russian Federation on November 10, 2007 No. 1495)

The commander (chief), who did not provide the necessary minds to maintain the statutory order and enforce military discipline, who did not survive the steps for their renewal, bears responsibility for this responsibility. The right of the commander (chief) to issue orders and duties to those under his command is irrevocably reprimanded - the main ambushes of unity of command, without any unbearable military discipline, military strength and military strength.

The exact responsibility between military and civil service discipline, between the military and civil services, in addition to the named positions, is also in the order of stagnation and disciplinary restrictions.

Only direct superiors can impose disciplinary restrictions on military service members. The disciplinary statute signifies the authority of commanders (chiefs) under certain standard conditions, for example: the rights of a company commander to impose disciplinary restrictions on his fellow soldiers, sailors, sergeants and foremen; the rights of the commander of a regiment (ship - rank I) in order to establish disciplinary restrictions for the relief of his officers. And this includes the Minister of Defense of the Russian Federation and other officials (ministers, service directors). Disciplinary power is given to young bosses, and will also be given to senior bosses. Commanders (chiefs), who are planted in the Statute, do not know that the military servicemen under them are subject to disciplinary authority up to the military rank transferred to the plant. For example, junior lieutenant, lieutenant, senior lieutenant - under the authority of the platoon (group) commander; major general and rear admiral - the authority of the division commander.

The burden of guilt indicates the severity of the offense and the level of the offense that is established by the commander (chief) as a result of the review.

The Disciplinary Statute overhauls disciplinary restrictions that apply to soldiers, sailors, sergeants and foremen; for warrant officers and midshipmen; on officers, as well as the rights of commanders (chiefs) in order to impose restrictions on the military servicemen under them. Thus, sergeants and foremen of the line service may be subject to the following restrictions: dogana; suvora dogana, the reduction of the draft stock from the deployment of the military unit or from the ship to the shore; reduction of the badge of the valedictorian; reduction in landing; reduction in military called for one sheet of wood; reduction in the military rank by one schabel with transfer to the lower settlement; remission of sergeant (senior) rank; the sergeant's (senior) rank was relieved of his transfer to the lower settlement.

Arrest as a form of retribution ceased to stagnate in the Protective Forces of the Russian Federation after the fact that, with the increased rank of the new Criminal Procedural Code, it became more possible for the court to decide.

By the Decree of the President "On introducing changes to the legal statutes of the Armed Forces of the Russian Federation" dated June 30, 2002. it was established that military servicemen were accused of suspected criminal activity or were charged with judicial decisions, may remain in the guardhouse for no more than 48 years from the moment of arrest or capture; Once the court makes a decision about the arrest of a suspected or accused person in the vicinity of a seizure under arrest, military servicemen may be kept in a guardhouse for no more than 72 years from the moment the court accepts such a decision. Yeshenya. In the case of guilt, if the delivery of military servicemen taken under guard, trace insulator It is impossible due to the distance or absence of necessary means of obtaining, stinks can be detected in the guardhouse up to 30 days.

The disciplinary statute determines the order of imposition and enforcement of disciplinary sanctions.

A military serviceman who respects his innocence has the right to pay a tax within ten days from the moment of imposition of the disciplinary restriction. The skarga is reported to the immediate superior of the person who is being offended, and if the one who declares the skarga does not know why her rights were violated, then the skarga is submitted to the command. It is important that a military service member has the right to sue for illegal actions before the court sovereign administration, huge ob'ednan and the townspeople.

In principle, I would like to carry out a slight equalization of the types of disciplinary restrictions on overinsurance and restrictions under the Labor Code.

Delivery to station. 192 of the Labor Code of the Russian Federation, violation of labor discipline, the employer has the right to impose the following disciplinary restrictions:

respect;

Release from field offices.

There are a number of approaches that may stagnate to the point of violating labor discipline, and finally, there may be additions to the rules of internal labor legislation. Labor Code of the Russian Federation: Federal Law dated 30 June 2001. No. 197-FZ (as amended on December 23, 2010) // Vidomosti of the Supreme Russian Federation. 2002.

In such a way, it is important that the transition is similar to labor law, which will be reduced to practical workers, a little less, or otherwise, and in the order of stastovaniya, the issues are very similar and mutually related.

discipline of desire to tighten

Disciplinary responsibility This is one of the forms of primus, which is stagnated by the revived officials (authorities) to the extent that they have committed a disciplinary offense, and entail unpleasant inheritances for the offender.

In addition to other types of legal authority, disciplinary authority is aimed at ensuring discipline mainly within the framework of service order

Disciplinary responsibility is an independent type of legal responsibility. Vaughn is characterized by offensive signs:

· Subject to disciplinary authority and disciplinary offense;

· For such an offense there will be disciplinary penalties;

· Disciplinary responsibility stagnates only in the order of discipline and only in physical features.

There are two types of disciplinary authority:

· I'll go wild;

· special.

The following specific risks of the responsibilities of government servicemen emerge:

· The reliability of the service has been increased, the fragments of the legacy of law enforcement offenses are negatively indicated, as a rule, outside the borders of the plantation;

· Detection of special assignments for crime services (reduction in position, reduction in qualification class, etc.);

· Attracted service to the status of an offense does not include the fact that the same act was qualified as another type of offense and was subject to the same legal responsibility, for example, administrative in The officer was subject to disciplinary action for violating safety rules, for which he was subject to disciplinary action.

Subject to Art. 57 of the Federal Law dated 27 June 2004 No. 79-FZ “On the state civil service of the Russian Federation” the involvement of a civil servant to disciplinary authority and the commission of a disciplinary offense.

Disciplinary offense In the sphere of state-service legal documents, it is recognized that there is a violation and inappropriate conscription of civil services due to the guilt of the duties imposed by them.

The science of administrative law has long formulated signs that can be combined with the concept of a disciplinary offense. The main elements of the disciplinary department are:

· object of disciplinary offense;

· objective side of the disciplinary offense;

· subject of disciplinary offense;

· subjective side of the disciplinary offense.

The disciplinary offense is a formal warehouse, then. to attract a doctor to a disciplinary level the very fact of violation of labor discipline is enough Let us know how unfortunate the legacy of this destruction is today.

The Federal Law “On the State Civil Service of the Russian Federation” does not require that the employer impose penalties on the employee for any disciplinary offense. The establishment of disciplinary restrictions is not a right, but not an obligation for a worker. Therefore, nutritional information about consistency can be determined individually.

There is no shortage of disciplinary issues that can be dealt with by state services. At the same time, the legislation has received input from government officials who have violated federal laws, decrees of the President of the Russian Federation, new or illegal federal laws, decrees of the President of the Russian Federation and court decisions that have gained legal force, in is consistent with the official legislation of the Russian Federation.

Overflow to the administration of disciplinary provinces disciplinary restrictions is strictly established by law and encourages expansion of the law. The legislation on state service conveys the possibility of imposing disciplinary restrictions on state service employees not established by the Labor Code of the Russian Federation. Yes, apparently Part 1 Art. 57 of the Federal Law dated 27 June 2004 No. 79-FZ “On the state civil service of the Russian Federation” The employer's representative has the right to impose the following disciplinary restrictions on civil servants:

· Respect;

· Dogan;

· advance notice about the different locality;

· Salvage from the civil service, which is being replaced;

· Release from civil service.

Vimogi beforethe order of imposition of disciplinary penalties

Any disciplinary offense may result in at least one disciplinary penalty.

Zastosuvannaya tієї and other disciplinary restrictions may be both legal and grounded. U link with zim Clause 53 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 17 February 2004. No. 2 "About the interpretation by the courts of the Russian Federation of the Labor Code of the Russian Federation" It is clarified that the employer must provide evidence to prove that the worker has committed a disciplinary offense, and to prove that the severity of his offense has been covered under the burden of the law, and in any case. lo skoeno, forward behavior of the priest, his position to pratsi.

When a disciplinary offense is established, the severity of the disciplinary offense committed by a civilian officer, the level of his offense, the circumstances for which the disciplinary offense was committed, and the previous results of the civil officer’s victorious duties are covered. languages

If you look at the certificate about the renewal on the robot, the court will come to the conclusion that the offense is really small, otherwise the law will be resolved without the settlement of the stated conditions, the possibility of satisfaction.

Disciplinary tension will stagnate immediately after a disciplinary offense is identified, and not later one month from the day of his discovery, due to the period of time-hour inefficiency of the civil service, his stay on leave, other periods of his absence from service for important reasons, as well as the time of the service check.

A copy of the act of incarceration before the civil service of the disciplinary contract from the designated institutions for its incarceration is handed over to the civil service against signature five days on the day of the special act.

A civil serviceman has the right to challenge disciplinary restrictions in writing to a commission of a government agency for service disputes or to court.

Yakshcho with a stretch of one rock Since the cessation of the disciplinary constraint, the civil service has not succumbed to a new disciplinary constraint, but is respected in such a way that there is no disciplinary constraint. The employer's representative has the right to remove the disciplinary restriction from the civil service until the end of one day from the day of the termination of the disciplinary restriction for the government initiative, for the written application of the civil service or for the efforts of his indirect kerivnika.

The procedure for attracting government officials to disciplinary level is similar. zagal order, regulations of labor legislation. It is noteworthy that in a number of cases the legislation on the civil service imposes disciplinary restrictions on the conduct of service checks and investigations.

Disciplinary responsibility is established in cases stipulated by labor law. Also, around the category of healthcare workers, the scope of special laws is expanding. We are in front of the state servicemen.

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Stand for money

Today, in addition to the form of damage and non-compliance with court obligations, disciplinary responsibility is required.

Moreover, the format is completely dependent on the very type of destruction and the status of a government official. Today it is regulated by Federal Law dated April 27, 2004. "About the sovereign's civil service."

With a stand for attraction to the required range:

current disciplinary offense;
unforgivable or inappropriate forfeiture of one’s own land and service obligations.

The neck is sleeping different species the constraint that is imposed in connection with disciplinary responsibility. All these points are presented in Federal Law No. 79-FZ.

The concept of a disciplinary offense, in its own way, is clearly revealed in Labor Code RF.

Today, under such a crime it is understood as follows:

delayed processing;
absenteeism;
presence at work at the sleeping station:
- alcoholic;
- narcotic;
- toxic;
creation of an immoral plot.

It is important to remember that for attraction to authenticity, the singing algorithm is heavily involved.

The provisions of official legislation look like this:

a service check is carried out, during which all facts of damage are revealed and conditions are established;
In line with the song term, the sovereign service of the duty of taxation with a special rank is formalized in an explanatory manner;
on the basis of removing explanations from the written form, the worker takes a decision in the context of disciplinary restrictions;
a punishment or order is formed - depending on the reliability and severity of the offense;
By signing, the clerk must be fully aware of this document;
the order begins to act and the worker is drawn to the level of responsibility.

It is important to remember: the police officer’s formal explanatory language, as well as the signing of the order, is not a basis for not being subjected to disciplinary responsibility.

Currently reflected in official legislation (labor and special, federal). In the designated case, a copy of the order is simply copied at the time of registration of the service. As soon as the explanation is folded, a special act is formed.

In this case, the employer must remember about the obligatory compliance with all provisions of the law, regulations and norms.

It is important to know that failure to comply with the law can lead to serious problems with regulatory authorities.

If there is a violation of the law, the service worker has the right to appeal to the labor inspectorate, the court. Ship practice From which drive the answer is ambiguous. Therefore, it is important to become familiar with the decisions of such authorities in advance.

Termini

The law stipulates that a police officer may be subject to criminal liability for the same type for a period of 1 month from the moment of committing any offense. The best solution is to conduct an investigation into the circumstances of your crime immediately.

In this case, it is explained by the spivorotenik himself that the buti was issued over a period of 2 days. Yakshcho Danish term For any reason for omissions, this does not constitute a basis for disciplinary action.

In this case, take into account the fact that during the one-month period during which it will be possible to attract the ventilator to compliance, the following clocks should not be turned on:

timely unavailability, reliance on medicine;
staying with a vacationer (wheat or wet kosht);
Absence from service for other important reasons.

If the reasons, through which specific serviceman is subject to disciplinary responsibility, at his work place on a daily basis, are not important, then the punishment may be issued for his particularity. Undue awareness of the order of the policeman is not a basis for his stagnation.

It will be simply sent by regular mail, we recommend a sheet. A special visa is affixed to the punishment, which confirms the fact of knowledge.

It is important to remember that service verification may be carried out strictly in accordance with the law. Moreover, all types of government services have special legal documents.

For example, the Ministry of Internal Affairs has an order issued by the Ministry of Internal Affairs dated April 27, 2011. “About pokladannya okremikh vnovnazhenno...” Before verification, third-party organizations and individuals may be involved in this document.

The duration of the service check may be more than 1 month. This continuation is not covered by legislation.

Therefore, during this period, all the circumstances have been resolved, and an order for attraction to conformity has been formed.

What types of disciplinary authority are there for government officials?

At the moment, the types of disciplinary authority are the same in the Russian Federation. At this value, we close the list. Vin does not convey any additional inputs. Currently it is included in the Labor Code of the Russian Federation.

To date, the types of such types should be as follows:

respect;
dogana;
zvilnennya

Also, the possibility of imposing various types of disciplinary restrictions is discussed in the Labor Code of the Russian Federation and Article No. 192 of the Labor Code of the Russian Federation.

Same on the stand of Denmark regulatory documents It becomes possible to be attracted to the extent consistent with special laws. It is important to remember that special disciplinary responsibility has low specialization.

The stinks zoom in on the coming moments:

the specificity of vikonanny any singing labor functions;
inheritances that may be lost through non-compliance with the official rank of service obligations.

In this case, the qualification of a special type is established not for all citizens who serve, but for certain categories, specific townspeople.

In addition, civil servants of various state bodies can be either subjects of a special disciplinary level or an emergency one.

What are the calls

The world of disciplinary punishment is the exact punishment of a police officer for committing a disciplinary offense.

Vaughn is credited with ensuring the impersonality of various officials. If the damage is not serious, but it is necessary to signify the fact itself, you must pay respect.

It is drawn up in written form and can be entered directly to a special card in section No. 10 “Additional statements”.

If a crime can lead to serious consequences, but in this case there are circumstances that would undermine the duty of service to the ungodly, it would be a waste of time.

The work book does not show any respect at all. At the same time, you can wear special badges on the right side or on a card.

The most serious approach to disciplinary responsibility is the release. Moreover, it is important to work on a confirmation badge in the work book with submissions for the article, which has become a basis for the new service.

State service in the system of power and state government
- Concept of dichotomy sovereign power
- Vlada is political and sovereign service: behind the scenes and especially
- State administration as the main function of the state civil service
Theoretical and methodological ambushes of the state service
- Scientific approaches to the theory of state service
  - The structure of the theory and methodology of government service
- The concept of “sovereign service”
- The nature of the sovereign service
  - Goals, tasks, functions of the state civil service
State service as a social-legal institution and professional service activity
- State service social institute
- State service as a legal institution
- State service as professional service activity
  - Professional activity 100% sovereign service
State service system of the Russian Federation
- The essence and structure of the government service system current Russia
- Basic principles of the functioning of the government service system of the Russian Federation
Federal State Civil Service: essence, structure, features
- Federal State Service: concepts, functions, functions
- Structure and features of the federal government service
- Specifics of the organization and functioning of the civil service federal bodies sovereign power
  - State service of the federal royal government
  - State service ship's nails Vladi
State service of the subjects of the Russian Federation
- Constitutional ambushes of the functioning of the bodies of the sovereign power of the subjects of the Russian Federation
- Legal regulation and organization of the state civil service of the subjects of the Russian Federation
- Periodic analysis federal legislation and legislation of the subjects of the Russian Federation with the power of the state civil service
  - Recruitment (admission) to the state civil service
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State serviceman: understanding, classification
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Planting of the State Civil Service of the Russian Federation
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Completion of national civil service
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  - Organization of government service
Social and legal status of the sovereign serviceman of Russia
- Status of a sovereign serviceman: understanding and classification
- The essence and signs of the social status of a state serviceman
- Legal status Sovereign Civil Service of the Russian Federation
  - Basic obligations of a civilian serviceman
  - Liability, associated with the civil service
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State guarantees and reliability in the civil service of the Russian Federation
- Basic and additional government guarantees of civil services
- Desire and disciplinary restrictions in the civil service
Government service management
- Conceptual ambushes of government service management
  - Subjects and objects of management
- System of government service management of the Russian Federation
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- Improving the effectiveness of the Russian government service management system
Reform and development of the government service system of the Russian Federation
- Theoretical ambushes of the reform of the state service
- Legal ambushes for the reform of the state service system in modern Russia. Federal reform program
- The main goals are the reform and development of the government service system of the Russian Federation
- Problems and prospects for the development of the state civil service of the Russian Federation
State personnel policy and personnel doctrine
- Theoretical ambushes of the sovereign personnel policy
- Priorities of the government personnel policy of the Russian Federation
- Personnel doctrine. Problems of the state's personnel policy in modern Russia
Legal basis and subjective-objective basis of the state personnel policy
- Legal basis of government personnel policy and personnel activities in modern Russia
- Subjects and objects of government personnel policy
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The main objectives and mechanisms for implementing the state’s personnel policy
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State personnel policy in the system of the state civil service
- The essence, principles and principles of personnel policy
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Personnel work and personnel service of the sovereign authority
- Personnel work in a government agency: essence and place
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Formation of personnel for the civil service
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Personnel assessment technologies for personnel of the state civil service
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Formation and preparation of personnel reserve in the state service
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Management of service and business career
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Professional development. Additional professional training for civil service personnel
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Corruption in government bodies
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Moral ambushes of the state service and personnel policy
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Foreign evidence of government service and personnel policy
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Evidence of the state service and personnel policy of Russia
- State service Tsarist Russia
- Career policy and government service in Tsarist Russia
- State service in the party-radyansky period

Desire and disciplinary restrictions in the civil service

It is important to re-evaluate the importance of service discipline in the process of serving in government. This is the basis of professional service activity and service behavior of government officials, which is necessary for the effective functioning of the government service.

Official legislation establishes service discipline in the civil service as obligatory for civil servants to comply with the service order of the sovereign body and town regulations established in accordance with laws, other normative legal acts, normative acts sovereign authority We serve under contract. For the military and law enforcement branches of the state service, the concept of service discipline is fixed in other regulatory legal acts, for example for military service- in the Disciplinary Statute.

The obligation of the hiring representative includes the creation of minds that are necessary to achieve the government's service discipline. The manager of the sovereign body or its structural subdivision must follow the line of service discipline among its subordinates and develop disciplinary practice.

Disciplinary practice consists of two warehouses:

I really want to see the number of government officials;
disciplinary restrictions.

I'm fascinated by that city. This is a form of sovereign and suspenseful recognition of a civil servant, given to him in respect and honor. If you want, ask for a penny payment to a civilian serviceman. Nagorodzhennya loom big world moral character (order, medal, diploma) The Federal Law “On the State Civil Service of the Russian Federation” means that the brains behind it want to be rewarded for civil service. The law prescribes what civil service workers may want and reward themselves for: for unprofessional and effective civil service. Understanding this in the abstract, the assessment of the civil service of the larger world will lie in the thoughts of his minister. Untrained service means the inexorable obedience to civil servicemen of their obligations and town regulations.

Requests and rewards for civil service under federal law may be as follows:

stunned donations with a one-time payment;
awarding a certificate of honor to a sovereign body with payment of a one-time fee and with the presentation of a valuable gift;
Other types of desires and entrustment to the sovereign body;
payment of a one-time fee with access to a state pension for long service;
desire to the Government of the Russian Federation;
the desire of the President of the Russian Federation;
conferring honorary titles of the Russian Federation;
fenced with signs of the Russian Federation;
awarded with orders and medals of the Russian Federation.

Decisions about the desire and settlement of the service are available only to the village. 1-4 is accepted by the hiring representative and is registered legal act(by order) to a sovereign authority. Decisions about the desire and employment of the service, subject to clauses 5-9, are made on the basis of the employer’s representative and are formalized by a regulatory legal act of the Russian Federation (the regulation of the Russian Federation, the decree of the President of the Russian Federation). There is a desire for the civil service to stand on the side of the President and the Order of the Russian Federation to stand up for the special services of the civil service to the state.

See the sovereign cities and the order of settlement established by the special Regulations about the sovereign cities of the Russian Federation. The sovereign cities received: the title of Hero of Russia, the honorary title of the Russian Federation, orders, medals, badges of the Russian Federation (for example, “For reckless service”).

Honorary titles of the Russian Federation are awarded to civilian servicemen in accordance with the decree of the President of the Russian Federation at the highest level professional mastery and extensive summed up service (15 years and more). There are such honorable titles as “Honored Lawyer of the Russian Federation”, “Honored Economist of the Russian Federation” and others. The government of the Russian Federation wants civil servants to receive a certificate of honor from the government of the Russian Federation for their achievements before the state and special contributions to the current social and economic policy. Federal ministries and departments reward their employees with badges. For example, the Ministry of Justice rewards its servicemen with the badge “Honorary Minister of Justice of Russia.” Together with the badge, a one-time certificate of wine is awarded to the city in the amount of 1.5 garden salaries.

The legal act regarding the desire and allocation of civil service personnel is brought to the attention of the entire workforce. In obov'yazkovo order in the special right work book The civil service will make a confirmation entry about the desire or enclosure. The procedure for a one-time penny service is established by law. Community services, due to any disciplinary restrictions, do not want to wait.

It is worth noting that the legislator is committed to the establishment of moral and material incentives for service. As a rule, a stupefied tribute or award of an honorary certificate is immediately followed by payment of a penny or the presentation of a valuable gift. The official body's quarry is not suitable for the designated amount of penny money. When paying one-time payments, you will be required to pay the fund for the payment of civil services. Guilt to become a one-time penny in exchange for a state pension for long service.

In the state civil service of the constituent entities of the Russian Federation, there may be other types of divisions that do not differ in principle from the federal ones. Thus, in the civil service of the city of Moscow, due to its specificity, the flow of species will want two federal types: “payment of a one-time fee in connection with access to a state pension for the service of the military” "that "desire for the Order of the Russian Federation" . The first thing I’m interested in is that the Moscow law on civil service has an additional sovereign guarantee.

There is no other desire for the fact that in its place a new type of desire has been introduced: the enclosure of cities and the conferment of honorary titles to places in Moscow 1 Law of the City of Moscow No. 3 dated 26 June 2005 “On the State Civil Service of the City of Moscow.” Art. 44.. Substituting for disciplinary restrictions, the law does not interfere with the right of the military officer to choose the choices of the civil service. In the service regulations of the sovereign body, the following may be transferred, such as assigning an honorary title to the sovereign body, decorating with badges, placing photographs on the plaque, etc.

Disciplinary restrictions. For the commission of a disciplinary offense, civil servants bear disciplinary (service) responsibility. Disciplinary fault is manifested in the wrongful act or inactivity of the official. Vinnu diyu means that the service is active in wine, then. inadvertently or out of carelessness. An act that is carried out contrary to the benefits of laws and other legal acts is called illegal.

The Federal Law “On the State Civil Service of the Russian Federation” No. 79-FZ defines the concept of “disciplinary fault” of a civil service and overrides the specific flow of disciplinary restrictions. Disciplinary penalties are imposed for committing a disciplinary offense. The law provides a more precise definition of disciplinary offenses: “non-violation or unjust punishment of civil servants due to the fact that they have been subjected to police duties.” A disciplinary offense may be detected by a non-conductor or a non-conforming official, violating the established service order (work order), lateness, absenteeism, disrupted duties about the pre-establishment of the sovereign and service dungeons, prisons and border passages, etc.

Perelik constraint established by federal law 2 Federal Icon No. 79-FZ dated June 27, 2004 Art. 57., and it does not slow down the expansion process.

Types of disciplinary restrictions in the civil service:

respect;
dogana;
foreshadowing about the new Posadov’s unpredictability;
release from civil service grounds;
Release from the civil service is subject to official legislation.

Other regulatory acts are impossible to transfer disciplinary restrictions as they apply to civil services. The legislation on the civil service of the subjects of the Russian Federation establishes similar types of disciplinary restrictions to the federal ones. 3 Moscow City Law No. 3 dated June 26, 2005 Art. 46..

The law especially provides for those who, for any disciplinary offense, may be subject to at least one disciplinary charge for the choice of a ceremonial officer. It is important to note that according to the law there is no such disciplinary restriction as a reduction in position or class rank.

The procedure for establishing disciplinary restrictions. The right to choose a specific disciplinary measure for those who are transferred by law rests with the senior official of the sovereign body. Kerivnyk has the right, in any case, to bring a civil servant to disciplinary liability. You can share your sleep with respect, rose.

Before the contract is finalized, the clerk is obliged to provide the civil service with an explanation in writing. The explanatory note allows the servicemen to explain their current situation, to identify important reasons for the illegality and improper enforcement of their duties. This is an additional service guarantee. At the same time as the date of such explanation, an act is formed. The Civil Service, when given an explanation in written form, exceeds the stagnation of disciplinary restrictions.

Facts and circumstances that need to be covered by the guard at the time of imposition of disciplinary restrictions are clarified during the service review, which is carried out following the decisions of the hiring representative or the written application of the civil service. It remains possible to ensure that the service is subject to an objective investigation of the fact.

During the hour of the service check, the following will be completely, objectively and completely installed:

the fact of sacrifice to the disciplinary officers;
guilt of a civilian serviceman;
the reasons for committing a disciplinary offense to the local servicemen;
the nature and extent of the harm inflicted on civil servants as a result of a disciplinary offence;
the circumstances that became the basis for the serviceman’s written statement about the conduct of the service check.

Carrying out the service audit is entrusted to the subsection of the state authority for the supply of the state service and personnel with the participation of the legal department and the elected professional body of this state body. Civilian servicemen cannot share the fate of the verification process, which directly affects its results.

The verification service may be completed no later than one month from the date of approval of the decision to carry it out. The results of the service verification are communicated to the employer's representative, who recognizes the service verification in the form of a letter receipt.

In the letter, the results of the service verification are assigned to:

facts and circumstances established following the results of the service audit;
The proposal should be limited to the civil service and disciplinary restrictions.

A written report on the results of the service review is signed by the cerebral officer of the state body for the supply of the state service and personnel and other participants in the service review and is sent to a special certificate of the service before the service review was carried out.

A civil serviceman, before a service verification is carried out, can be a representative of the hiring of a civil service for the hour of the verification from savings during this period of penny loss for the landing.

A civilian serviceman, before a service check is carried out, has the right:

issue written explanations, submit applications, complete and other documents;
to discredit the decisions and actions (lack of activity) of civil servants who conduct service verification, to the representative of the employer, who acknowledges this verification;
Upon completion of the official verification, become familiar with the written draft and other materials about the results of the official verification, so as not to comply with the possibility of confidentiality of information, which will become a state and other secrets protected by federal law.

After carrying out a service inspection, the inspector, based on the results of the submitted confirmation, imposes a disciplinary penalty on the wine civil service.

When tightening the stonework, tighten the track:

the severity of the disciplinary offense committed by the officer;
step yogo wrong, stand for any wrongdoing;
the latest results of the enforcement of civil service obligations to civil servants.

Disciplinary tension will cease immediately after the discovery of a disciplinary offense, unless later than one month from the day of its discovery, due to the period of temporary inefficiency of the civil service, its placement in The release of other types of absence from service for important reasons, as well as the time of the service check.

Disciplinary restrictions cannot be suspended no later than six months from the day the disciplinary offense was committed, and the results of a review of financial-government activities or an audit review - no later than two years On the day of committing a disciplinary offense. The designated term does not include the hour of consultation with the criminal justice department. If the unconventional or inaccurate reconciliation of the township obligations at the side of the service continues, the kerivnik has the right to impose on the new new disciplinary restrictions, regardless of those that have not yet been established.

A copy of the act (order) about the registration of a disciplinary charge before the civil service from the designated authorities for its registration is handed over to the service for signature within five days from the day of issuance of the certificate. If the doctor agrees to sign, this fact is certified by a special act. A civil serviceman has the right to challenge disciplinary restrictions in writing to a commission of a government agency for service disputes or to court.

The procedure for initiating a disciplinary penalty lies in the offensive. The disciplinary burden lasts for one day every day of his stagnation. If, within one day of the cessation of the disciplinary constraint, the civil service will not be subject to a new disciplinary constraint, then he is respected in such a way that there is no disciplinary constraint. The representer of the Nymach is the right to be the right service of the discliynarne to the zakinchenny of one rock of the day of the zaastennie for the sovereign of ilitzia, for the letter by the announcement of the civilian services of the abuto of the yogo -Serrednoye Kerivnik. The withdrawal of the contract is formalized by an act in accordance with the serviceman’s wishes.

If such a call is completed, such as a retired civil service member from the civil service, he is not released from the civil service, but is included in the personnel reserve to replace the other, usually lower and lower level general planting of the civil service on a competitive basis.

Salary from the civil service is transferred except in accordance with the law. For various civil service officers, the civil service is subject to a disciplinary (service) offense against a sovereign authority, pursuant to Art. 37 of the Federal Law “On the State Civil Service of the Russian Federation” terminates the service contract of the civil service at the initiative of the hiring representative.

The service contract may be terminated by a representative of the hiring manager, and the civil service member may be released from the civil service that is being replaced, and may be released from it in the following cases:

as a result of repeated non-compliance with service without good reason, police officers are subject to disciplinary restrictions;
in the event of a one-time gross violation of the civil servant's duties (truancy; appearing on duty in the camp of alcohol, narcotics or other toxic substances; disclosure of information that becomes a sovereign and another prison that is protected by law, and service information that has become known to civilians service for the purpose of stealing (including other) someone else's land, spend it too;
in current wine affairs, civil services who directly serve penny and commodity values, which they provide a framework for losing trust to another representative of the employer;
once accepted by a civilian officer who replaces a posad of the “kerivniki” category, an unconfirmed decision that caused a disruption of the safety of the lane, the unlawful violation of the mine or otherwise the destruction of the lane by the sovereign body;
in case of a one-time gross destruction by a civilian serviceman, which replaces the posad of the category “kerivnika”, of its posadovyh bonds, which caused harm to the sovereign body and (or) destruction of the legislation of the Russian Federation;
from time to time, the submission of detailed documents or false information to the civil service representative before the completion of the service contract;
permission of the civil service to the records was granted to establish a state prison, since the vindication of court bonds requires access to such records.

It is important that disciplinary and other offenses listed do not result in automatic dismissal from the civil service. The transfer of civilian service to reinsurance units is permitted, since it is impossible to transfer the service for another duty to another civil service position. Kerivnik is guilty of registering a civil servant, who has been fined, in another position of the state service (obviously, this means deductions). Only if a civil service employee is transferred to another civil service station, the hiring representative has the right to remove him from the civil service station and dismiss him from the civil service.

Civil service cannot be released from civil service and cannot be released from civil service from the kerivnik initiative during the period of temporary unavailability of civil service and during the transfer Buvannya on the Posad. On the day of release from the civil service, the civil service worker of the building HR service its body - the service of confirmation. The serviceman has the right to challenge his conviction in court.

The responsibility of government officials for their service activities and service behavior is not less than disciplinary. Violation of their service obligations by civil servants can cause various legal consequences. Depending on the seriousness of the offense, the degree of blame and the conditions for which the city's bonds were damaged, the servicemen may, in addition to the disciplinary, be subject to criminal, administrative, civil and legal issues. subdivisions.

Criminal profile. As citizens of the Russian Federation, government servicemen who are guilty of evil against the rulers, they may be subject to criminal punishment in a high court. In this case, the significance of their state-service notices is not lost. They may be subject to criminal re-investigation for acts committed by them. This may, for example, be crimes against the freedom, honor and worthiness of an individual in service (Articles 126-130 of the Code of the Russian Federation).

The Criminal Code of the Russian Federation has a low stock of evils, the subjects of which are not government officials. That's a goal. 30 “Evils against the sovereign power, the interests of the sovereign service and service in the authorities miscevogo self-direction", the statistics of which are presented below.

Article 285 Tse vikoristannya posadovaya person of their services in the interests of the service, since the action was carried out in the light of any other special consideration and caused a violation of the rights and legitimate interests of communities and organizations protected by law. heresies of marriage and power. Punishable by a fine ranging from 100 to 200 minimum wages or salary sentenced for a period of one to two months, or the right to seize prison sentences, or to engage in singing activities for up to five months, or an arrest for a period of up to six months, or a reduction in and on up to four lines.

Article 286 The plant’s zealous actions clearly go beyond the boundaries of its importance and what caused a complete destruction of the right and legitimate interests of citizens and organizations and the interests of the partnership and the state protected by law. Maximum punishment - reduction of will by the term up to four fates.

Article 287. Vidmova provided information to the Federal Assembly of the Russian Federation or the Rakhunkov Chamber of the Russian Federation. This is an unlawful assumption in this regard, either the deception of information (documents, materials), as well as the provision of apparently inconsistent and malicious information to the Federation Council. State Duma The Russian Federation and the Rakhunkov Chamber, as this action was carried out by the Posadist, who demanded to provide such information. Maximum punishment - reduction of will by the term up to three times.

Article 288. Renewal of importance of the individual. This is assigned to the state servicemen or the servicemen of the body of local self-government, which is not a special authority, the new importance of the city official and in connection with these actions, which caused a violation of the rights and legitimate interests of the citizens and the body izatsiy. Maximum punishment - reduction of will by the term up to two fates.

Article 289. Participation in entrepreneurial activity is illegal. This installation is established by the special organization that operates business activity and participation in the management of such an organization is especially or through an entrusted person above the protection established by law, as actions related to the given organization of benefits and benefits or with patronage in other forms i. Maximum punishment - reduction of will by the term up to two fates.

Article 290. Obsession with swag. Seized by the Posadovets especially or through an intermediary of swag from the sight of pennies, valuable papers, another main or the benefits of a main character for the actions (indifference) on the profit of the khabarodavtsa or the fact that they imagine that such actions (indifference) are included before the service duties of the officer, or because of the position of the officer it is possible acceptance of such actions (indifference), and also for foreign intercession and promotion in service. Such an act, committed by a group of individuals, more than once, in a great size, with violence, is punishable by a reduced will with the term 7-12 deaths.

Article 291. Dacha swag. Giving swag to the planter especially and through an intermediary is punishable by the maximum penalty of a reduction in freedom for lines of up to three fates.

Article 292. Service division. This means the introduction by a city official, as well as by a state official or by a serviceman, to the body of local self-government, which is not a city official, to official documents of obviously untrue information, as well as the introduction of corrections to official documents that support them x active place, or how this action is carried out congestion. Maximum punishment - reduction of will by the term up to two fates.

Article 293. Non-balance. The unscrupulous and inappropriate reinstatement of the Posadov’s duties as a result of unscrupulous and unscrupulous placement before service, which caused a fundamental violation of the rights and legitimate interests of the community and the organization, or those protected by law. heresies of marriage and power. Maximum punishment – arrest for up to three months. The same acts that caused the careless death of a person or other serious consequences are punishable by a reduction of liberty for up to five years.

We would like to remind you that the requirements for employment, employment obligations, rules of official conduct, responsibility for violations, as well as the procedure for the highest level of conflict of interests and service disputes are established by Federal Law No. 27 nya born 2004 No. 79-FZ “On the sovereign service of the Russian Federation”. All other normative acts that are inconsistent with labor law norms can be summed up, since the basic law does not have a direct link to the fact that other provisions of the acts do not comply with the relevant law.

The liability of a civil servant for violations in the sphere of professional service activities is established by the city regulations of the civil service, which is also the warehouse administrative regulation of the state authority. The entitlement to the local regulations obliges the service contract. For example, the chief specialist-expert of the legal department of the Interregional Inspectorate for submissions and collections of requests for the introduction of planting regulations, divisions for this planting and partly administrative regulations for filing kovy organ.

Krok left-handed, Krok right-handed

Disciplinary responsibility threatens the civil service in the following situations:

The civil service is protected from compulsory duties that are not established by the service contract or by the city regulations (part of Article 24 of Federal Law No. 79-FZ)

non-conformation or inappropriate reconciliation of township obligations, laid down in township regulations and service contracts;
vidmova v vykonannya entrusted with the ceramics (at the boundaries of the ceramics);
vidmova is transferred to another station for rescue and liquidation of the accident;
violation of the rules of service and order of the sovereign body;
the number of qualifications required for obtaining professional duties;
dissemination of information to create a sovereign prison; Anything protected by federal law is a prison; information that has become known to me in connection with the vykonanny of the city council (that they worry about private life, the health of the community, or their honor and worthiness);
dislike of entering to preserve the sovereign lane (including that given for the conquest of township obligations);
non-filing of reports: about yourself and family members, about the withdrawal of income, about the main thing that is due to the rights of power, about the duty of the main character;
the unknowns of the hiring representative: about the exit from the vastness of the Russian Federation or the emergence of the vastness of another power; about special attention that can lead to a conflict of interests;
violation of regulations for state servicemen: demarcation, enforcement of official conduct, barriers;
pripenneniya vykonannya posadovyh bonds with the method of regulating the service superechka;
failure to appear for certification without important reasons is considered as certification;
failure to pass through the fault of the civil service of the beginning and verification of knowledge in the defense department;
absenteeism;
appearance on duty may involve alcohol, narcotic or toxic intoxication.

It is protected against damage to the health and well-being of the health and well-being of the health and safety (Article 4 of the Labor Code of the Russian Federation)

As you may have noted, the scope for imposing a disciplinary constraint on a civil servant is much greater than on a regular worker (failure to provide records, conflict of interests, etc.).

Types of disciplinary restrictions

For the state's civil services, the following types of disciplinary restrictions have been established: respect, dogan, advance notice of irregular duty, release from the civil service, which is being replaced, and also release from the civil service from the offensive bases:

repeated non-compliance with police duties (since a civil service member is subject to disciplinary restrictions);
absenteeism (attendance on duty without important reasons for several years after the end of the duty day);
appearance in the service of alcohol, narcotics, toxic intoxication;
disclosure of information that became known to the sovereign, which is protected by law, secret, service information that became known to the sovereign serviceman in connection with the siege of his duties;
the commission of theft (including dribble) of someone else's property, waste, clever depletion or damage to the property (the fact may be established by the court, which has gained legal force, or by a decree on administrative violation);
acceptance by a civil servant (kerivnik) of an ungrounded decision that caused: disruption of the security of the lane, illegal violation of the lane, damage to the sovereign authority;
one-time gross destruction by a civil servant (kerivnik) of the city's bonds, as it did harm to the sovereign body and violated the legislation of the Russian Federation.

It is clear that primary workers for the civil service will impose two types of disciplinary restrictions: a warning about irregular duty and a release from the civil service that is being replaced.

If an officer who has committed a crime is encouraged to write an explanation, explain to him that the given explanation will not reduce his disciplinary burden. It is recommended that you fill out a letter in advance so that you can write an explanation before the service. First of all, work without haste, and in the presence of one or two witnesses. In another way, it is obligatory to indicate what is wrong with you, whether it is a provision of the township regulations or a contract that was violated. Thirdly, do not forget to ask for the reasons and circumstances of the offense (filthy self-esteem, Raptov’s imprisonment chronic illness, the need to look after a sick family member, etc.).

If the service provider is still informed by this explanation, you must fill out the act and make a note about the price for the benefit, confirming it with your signature and the signature of the certificates. Do not forget to check the accuracy of the dates written by the participants using their own hands.

Styagnennya step by step

The procedure for establishing a disciplinary restriction for a civil servant is divided into three stages: the forward stage, the termination of a restriction, the release of a restriction.

Before the disciplinary restrictions are imposed, the representative of the hiring manager claims: to submit to the civil service explanation of the written form, fold Act(as the serviceman was willing to give an explanation), conduct a service check.

Service verification to carry out the development of the sovereign body from the supply of the sovereign service and personnel with the participation of representatives of the professional corps and the military personnel of the legal department. To carry out a service verification, one of the following documents is required: Decision representative of the hiring manager about service verification (verification is carried out within a month from the day of the decision being praised); writing Application civil service.

The person who will carry out the verification may have dates letter visnovok with unambiguous motivations such nutrition:

If this is a civil service disciplinary offense, then you need to bring up the fact of the grave offense (additional service notes, eyewitness accounts, an act, etc.);
It’s your fault to serve in the provincial province (and it’s your fault to ensure everything necessary for the proper execution of your garden obligations);
in various minds and for various reasons the crime was committed;
the nature and size of the damage that was attributed to the civil services as a result of the crime (whether the damage was assigned; the damage itself; who suffered personally or because of the damage; a material assessment of the involved damage);
What kind of situation was the basis for the brutalization of the civil service due to the application for a service check.

Since the verification carried out involves civilian servicemen, who directly and indirectly have pockets in their pouches, the results of the verification are invalid

The sub-bag part can again take revenge on the proposition: to stagnate and not to sstavovat until the civil service of disciplinary restrictions. The decision is about the fact that the very type of contraction of the contract is accepted by the representative of the hiring manager - the official of the sovereign body in which the employee works. The confirmation of the verification is transferred to the hiring representative and is received by a special certificate from the civil service.

Rights of a representative of the hiring and civil service during the period of service verification

"Virok" in Vikonannya

In the event of either one or another type of disciplinary constraint, you may be insured: the severity of the disciplinary offense, the level of guilt of the civil serviceman, the circumstances of the offense, the results of the civil serviceman's victorious duties, what before comfort for a disciplinary offense.

Regarding the establishment of disciplinary restrictions, there is an act (order) that obliges the authorities to enforce the disciplinary restrictions. A copy of the act is presented against signature by the sovereign service officer five days on the day of the act.

Disciplinary tension may stagnate immediately after a disciplinary offense is identified no later than a month after the revelation. This term may be increased for the hour of illness of a civilian serviceman, release, absence from service for an important reason, carrying out a service check.

Disciplinary amnesty

Yakshcho with a stretch of one rock Since the end of the disciplinary constraint, the civil service has not been subject to a new disciplinary constraint, but is respected in such a way that there is no disciplinary constraint.

The employer's representative can lift the disciplinary burden ahead of time through an official initiative, through a written application from a civil service officer, through the efforts of the middle-of-the-road work of a civil service officer.

Disciplinary restrictions don't get stuck no later than six months from the day of committing the disciplinary offense, no later than two days from the day of commission, if the offense was discovered during the review of financial-government activities or audit.

Oscar contraction

If a civilian serviceman is not suitable for the stagnation of generous restrictions, he may be disqualified from the consideration of individual service disputes. Individual services are considered in accordance with the Federal Law of June 27, 2004. No. 79-FZ, and in the part that is not regulated by this law, it is consistent with the Labor Code.

Report on the order to stosuvaniya disciplinary contraction of divas. No. 2, 2006.
The line does not include the hour of contact with the criminal investigation department.