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62. DISCIPLINARY RESPONSIBILITY
One of the types of liability for an offense is disciplinary liability.
Disciplinary responsibility is the legal responsibility in the order of subordination in the service of employees of organizations of all forms of ownership for committing misconduct related to labor activity, if these misconduct cannot be qualified as administrative offenses or crimes.
The Land Code of the Russian Federation provides for disciplinary responsibility of officials and employees of the organization. Officials and employees guilty of committing land offenses shall bear disciplinary responsibility in cases where, as a result of improper performance of their official or labor duties, the organization has incurred administrative responsibility for the design, placement and commissioning of facilities that have a negative impact on the state of land, their pollution by chemical and radioactive substances, industrial waste and sewage.
The procedure for bringing to disciplinary liability is determined by labor legislation, legislation on state and municipal service, legislation on disciplinary liability of heads of administrations, federal laws and other regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the constituent entities of the Russian Federation.
Officials and employees of organizations, institutions, enterprises in accordance with the provisions, charters, internal regulations and other regulatory legal acts bear disciplinary responsibility.
Unlike administrative and criminal liability, there is no complete list of disciplinary offenses - their nature and content are determined by the nature and content of the production and job duties of the employee. As a rule, they should be reflected in the instructions, regulations on the functions of employees. The application of administrative action to the organization should entail disciplinary liability of the guilty employee without fail.
Labor legislation provides for the following types of disciplinary sanctions for committing a disciplinary offense:
▪ remark;
▪ reprimand;
▪ dismissal for appropriate reasons.
The legislation on disciplinary liability may provide for other types of disciplinary sanctions for certain categories of employees. For example, the Law “On Environmental Protection” stipulates that heads of organizations, institutions, enterprises, and other employees of the organization who are guilty of committing land offenses may be fully or partially deprived of bonuses or other means of incentives: for failure to implement plans and measures for nature protection; for violation of environmental quality standards or environmental legislation.
Disciplinary liability in the form of a remark, reprimand or dismissal is applied by the employer for non-performance or improper performance by the employee through his fault of the labor duties assigned to him. This type of legal liability arises for failure to comply with the requirements of labor individual and collective agreements, environmental legislation.
Author: Medentsov A.S.
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