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Administrative law. The concept of discipline and disciplinary responsibility (the most important)

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47. CONCEPT OF DISCIPLINE AND DISCIPLINARY RESPONSIBILITY

Two concepts of discipline in public administration:

1) discipline - communications, relations of subjects (parties) of management, regulated by a set of norms, rules, algorithms, procedures and operations, developed in the process of rational management and approved in the form of certain requirements;

2) discipline - the actual behavior of civil servants, which is reflected in management decisions and actions, as well as in official communication.

It is more expedient to single out the behavioral aspect in the first place, it is not by chance that the Federal Law of July 27.07.2004, 79 No. XNUMX-FZ "On the State Civil Service of the Russian Federation" fixes the behavior of a civil servant.

Disciplinary responsibility - measures of coercive influence established by law, applied to civil servants in the order of official subordination, for guilty violation of the norms and rules of public service.

A disciplinary sanction may only be imposed for a disciplinary offence.

Each civil servant bears personal disciplinary responsibility for the unlawfulness of only his actions. A disciplinary sanction is imposed by an authorized official or body that has the right to appoint a civil servant to a public position. A civil servant who has committed an official misconduct may be temporarily, until the issue of responsibility is resolved, suspended from the performance of official duties by the head who appointed him.

A disciplinary sanction may not be imposed later than 6 months from the day the offense was committed or discovered. Only one disciplinary sanction may be imposed for each misdemeanor.

The head, who has imposed a disciplinary sanction on a civil servant, announces this in the order and announces the punishment to the employee against receipt. At the same time, the refusal to familiarize with the nature of the penalty does not affect the mandatory execution of the announced penalty.

Duration of disciplinary liability - one year from the date of the penalty. Moreover, if within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then the disciplinary sanction is lifted automatically. The penalty can be lifted earlier than a year if the employee demonstrates himself in an extremely positive manner in his service.

The employee, at his discretion, may appeal the legality of imposing a disciplinary sanction in an administrative or judicial proceeding.

Disciplinary responsibility of military personnel regulated by the Disciplinary Charter of the Armed Forces, approved by the Decree of the President of the Russian Federation. The Charter applies to military personnel and to persons who are in the reserve or retired, who have been granted the right to wear military uniforms. In addition, the Disciplinary Regulations apply to border troops, internal troops of the Ministry of Internal Affairs of Russia, railway troops, civil defense troops and military personnel of other federal executive authorities.

Author: Chetverikov V.S.

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