Disciplinary sanctions in the police department are verbal. Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation

Employees of the Ministry of Internal Affairs of the Russian Federation must comply with all rules and regulations prescribed by law. Failure to comply with them entails a number of penalties and consequences.

Grounds for imposing punishment

What can a disciplinary sanction be imposed for?

the employee of the Ministry of Internal Affairs does not comply with the disciplinary norms and rules specified in the legislation of the Russian Federation;
absence of a subordinate from the workplace for more than 4 hours per shift;
the MIA officer was drunk or under the influence of drugs;
refusal to carry out medical examination to detect alcohol in the blood;
the inaction of an employee of the Ministry of Internal Affairs, which endangered the life of an ordinary person and violation of his personal rights;
disclosure of secret information of national importance;
careless attitude towards weapons and their spare parts, including cartridges;
failure of an employee to attend certification;
intentional damage to property belonging to a federal agency;
violation of labor safety rules, if their non-compliance created a life-threatening situation;
committing corrupt acts;
public discussion of the work of government bodies in the media: statements, assessments and judgments.

Types of disciplinary sanctions for employees of the Ministry of Internal Affairs:

comment;
rebuke;
severe reprimand;
demotion of position.

Types of disciplinary sanctions for cadets of military schools of the Russian Federation:

outfit out of order;
deprivation of the next scheduled dismissal;
expulsion from military school.

Disciplinary sanctions are issued by orders. Warnings and comments are announced publicly. Information about the punishment is entered into the personal file of the Ministry of Internal Affairs employee.

Only one disciplinary sanction for misconduct can be applied to a subordinate or cadet at a time. The procedure is specified in the Federal Law.

As a reward for excellent service, a disciplinary sanction can be canceled, but only by the supervisor who imposed it.

Grounds for challenge

In order to punish a subordinate, you need to have good reasons. If an employee believes that he was punished unfairly, he can challenge the boss’s decision.

Grounds for challenge:

the employee of the Ministry of Internal Affairs was not notified and familiarized with the imposed disciplinary sanction;
the employee of the Ministry of Internal Affairs did not write an explanatory note;
at the time the penalty was imposed, the employee was on vacation or sick leave;
imposing disciplinary sanctions on those temporarily unable to work.

To competently challenge your disagreement with the issued order, contact our lawyer on the website. He will answer your questions and help you sort out the situation.

How to dispute?

You can challenge the punishment in two ways:

write a report to the boss;
apply to the court.

In the report to the boss, the MIA officer indicates all the offenses that were committed at the time the punishment was issued. Evidence must be clear and reasoned. The boss reviews the report and decides on the legality of issuing a reprimand for the misconduct. If he believes that the punishment was imposed fairly, then the employee has the right to challenge his decision in court.

To challenge illegal dismissal, citizens go to court.

Procedure through the court:

Step 1. The plaintiff draws up a statement of claim (complaint), which indicates the reason for disagreement with the punishment.

Step 2. The application is supported by the following documents:

a copy of the order for enrollment;
written explanation;
order imposing penalties for disciplinary violations.

Step 3. The application is submitted to the court.

You can challenge the order and file a claim within 3 months from the date of receipt of the order. Failure to appear at a court hearing does not cancel the hearing. The court hears witnesses, examines the evidence provided of misconduct in imposing punishment, and makes a decision. It is impossible to challenge the court's decision.

Term

During what period can a disciplinary sanction of the Ministry of Internal Affairs be challenged?

The period for challenging begins to count from the day when the employee of the Ministry of Internal Affairs became aware of the disciplinary sanction imposed on him. To challenge the boss’s decision, he is given 1 month. This deadline applies to submitting a report to a superior. After receiving a refusal to submit a report, the decision can be challenged in court within 3 months.

The authorized manager reviews the report within one month and makes a decision on the fairness of issuing an order to the subordinate for misconduct. After a copy of the decision has been issued to him, an employee of the Ministry of Internal Affairs has the right to challenge the conclusion within 10 days from the date of receipt of the document.

The period for appealing the decision does not relieve responsibility for the execution of the imposed penalty.

INTRODUCTION

CHAPTER 1. CONCEPT AND LEGAL BASIS OF DISCIPLINARY PRACTICE IN MINISTERAL AFFAIRS BODIES

1.1The essence and significance of official discipline in internal affairs bodies and measures to ensure it

1.2 The mechanism of legal regulation of service discipline in internal affairs bodies

1.3 Subject and functions of disciplinary practice in internal affairs bodies

CHAPTER 2. DISCIPLINARY PROCEEDINGS IN INTERNAL AFFAIRS BODIES

2.2 Grounds for involving employees of internal affairs bodies in disciplinary liability

2.3 Disciplinary proceedings. The procedure for imposing and executing disciplinary sanctions

CONCLUSION

LIST OF REFERENCES USED

INTRODUCTION

Relevance of the study. Discipline is an integral element of the life and activities of any organization as an association of people. It is aimed at ensuring the unity of the organization’s members and achieving its goals, and acts as a necessary condition for any common work.

Internal affairs bodies occupy a special place in the executive power system. They directly and daily protect the rights and freedoms of citizens, ensure law and order and legality. Such activities require high professional training, moral fortitude, physical endurance, and personal courage in the performance of official duty. Persons entering service in internal affairs bodies are subject to special requirements of a moral, physical, age and general educational nature. At the same time, service discipline in internal affairs bodies requires all employees to be highly disciplined, exceptionally honest, conscientious, accurate and diligent, and highly organized. All this determines the establishment of special service discipline for persons occupying positions of ordinary and commanding personnel. “Over the nine months of 2005, over 20 thousand police officers were brought to criminal and disciplinary liability,” said Russian Minister of Internal Affairs Rashid Nurgaliev, “The number of offenses among police officers is growing from year to year. In just 9 months of this year, their number increased by more than 41%, exceeding the figure of 29 thousand violations. These are only identified offenses.”

In legal science, issues of strengthening discipline have always occupied a significant place. At present, this problem cannot be considered completely resolved, since many issues related to the concept and essence of state discipline and, in particular, its variety - service discipline, remain controversial and require further research.

Object of study – public relations arising in connection with the commission of an internal affairs officer disciplinary offense and bringing him to disciplinary liability.

Subject of research – rules of law regulating issues of disciplinary liability of employees of internal affairs bodies.

Purpose of the study - give an analysis regulatory framework disciplinary liability of employees of internal affairs bodies.

This goal is achieved by solving the following tasks :

– consider the essence and significance of service discipline in internal affairs bodies and measures to ensure it;

– analyze the subject and functions of disciplinary practice in internal affairs bodies;

– indicate the mechanism for legal regulation of service discipline in internal affairs bodies;

– consider the content and types of disciplinary measures in internal affairs bodies;

– identify the grounds for bringing employees of internal affairs bodies to disciplinary liability;

– analyze the procedure for imposing and executing disciplinary sanctions.

Theoretical and practical significance research due to the fact that its results can be used in practical activities police authorities to prevent and suppress disciplinary offenses.

Methodology and research methods. The methodological basis of the research is the general scientific dialectical method of cognition and the special research methods arising from it: formal-logical, comparative-legal, system-structural analysis, etc.

The work was completed from the standpoint systematic approach to the study of social and legal objects.

Scientific development of the topic. Certain aspects of the works of such authors as S.S. are devoted to the problems of disciplinary liability of employees of internal affairs bodies. Alekseeva, A.I. Kovalenko, S.A Komarova, I.S. Samoshchenko, considering this problem from the point of view of the theory of state and law, as well as the work of representatives of certain branches of legal science such as V.N. Manokhina, Yu.S. Adulikina, D.N. Bakhrakha, Z.A. Bagishaeva, D.M. Ovsyanko, V.G. Rosenfeld, Yu.N. Starilov, who interpret the concept of disciplinary responsibility from the point of view of public administration.

It should also be noted the dissertation research of Yu.A. Zhukova, O.I. Karpenko, V.V. Kasyulina, N.V. Matveeva, dedicated to the problems of public service and disciplinary liability.

The main basis for the research was the current disciplinary legislation and regulations.

Research structure is predetermined by its purpose and objectives and consists of an introduction, two chapters, a conclusion and a list of references.

CHAPTER 1. CONCEPT AND LEGAL BASIS OF DISCIPLINARY PRACTICE IN MINISTERAL AFFAIRS BODIES

1.1 The essence and significance of service discipline in internal affairs bodies and measures to ensure it

Radical changes in the activities of the police have brought a lot of new things into the organization of the fight against crime and the strengthening of public order. Changes in organ structure, improvement organizational forms their work, methods of managing forces and means give rise to official discipline, different from other types of state discipline. The unique nature of government functions performed by rank and file and commanding officers of the police also determines a number of significant features of their service discipline.

In V. I. Dahl's Explanatory Dictionary, discipline is defined as obedience, obedience, order of subordination.

Discipline, according to D. A. Gavrilenko, means the subordination of participants in joint actions to the established order and unified leadership.

Discipline, depending on the nature of the regulated social relations of various social systems based on one form of property or another, can be divided into public and state.

The activities of subjects of social relations are determined not only by legal, but also by other social norms. Social discipline is multifaceted and complex. This phenomenon is complex, since in all areas of social relations various social norms operate simultaneously and in inextricable unity. State discipline has sufficient coverage in the legal literature and in various aspects. This explains the different formulations given in scientific works on the concept of state discipline.

As noted by V.M. Manokhin, the essence of state discipline consists in the practical, real implementation of those norms and specific instructions based on them that come from the state in the person of its bodies and officials.

By area labor activity Discipline in state bodies and organizations can be classified into service, military, labor, educational, etc. One of the sectoral varieties of state discipline is service discipline. According to the definition enshrined in the Regulations on Service in Internal Affairs Bodies, service discipline is compliance by employees of internal affairs bodies with the rules and regulations established by the legislation of the Russian Federation, the Oath, the service contract, as well as orders of the Minister of Internal Affairs of the Russian Federation, direct superiors when fulfilling their duties. their duties and the exercise of their powers. Based on the results of a study of regulatory legal acts, primarily the Regulations on service in the internal affairs bodies of the Russian Federation, approved by a resolution of the Supreme Council of the Russian Federation on December 23, 1992, as well as scientific literature, which to one degree or another examines the phenomenon of service discipline of police officers , we can highlight the following features. Service discipline of police officers:

Let us consider these features of the service discipline of police officers in more detail.

1. In the legal literature, the institution of unity of command is highlighted as an important condition for maintaining service discipline in the police and its attribute. However, the concepts of “unity of command” and “institution of unity of command” are currently only of a doctrinal nature. It is not defined by any normative act regulating civil service and discipline. In scientific works, starting from the middle of the 20th century, unity of command as a feature of the service discipline of police officers began to be studied when service discipline was unambiguously established “in relation to military discipline.” Although incomplete unity of command in the Red Army was introduced on April 22, 1918 by the decree of the All-Russian Central Executive Committee of April 22, 1918. , and complete - by order of the Revolutionary Military Council of the USSR No. 234 of March 2, 1925. The normative consolidation of complete unity of command in the police took place at the beginning of 1930.

This was first established by the Regulations on the Soviet Police, approved in 1962, and enshrined in Art. 1 of the Disciplinary Charter of Internal Affairs Bodies, approved by the Decree of the Presidium of the USSR Armed Forces of March 30, 1971.

With unity of command, unconditional and strict unity of will is achieved and the best use of the capabilities of an organ, unit, or institution is ensured. The police agencies, called upon to guard law and order, can successfully resolve these most important state issues only if the actions of the personnel are absolutely coordinated. Such coherence is achieved through the maximum unity of will and activity and is a necessary condition for their mobility, organization and efficiency.

Unity of command means the concentration in the hands of the leader of all threads of management; its goal is to establish personal responsibility for the assigned work and for the execution of decisions made. It eliminates impersonality and disorganization in work, and gives management personnel the opportunity to best demonstrate their talents, organizational and strong-willed abilities, which are especially important in the activities of the police.

The unity, coherence and responsibility of many employees in the general process of exercising official powers is ensured by the subordination of their will to the will of one person - the manager.

Thus, the main thing in service discipline is deeply conscious obedience and diligence, that is, unquestioning submission to the boss, timely and accurate execution of his orders, instructions and commands. The boss, showing high demands on his subordinates, proceeds from the interests of the business, the requirements of the Oath, charters and orders. They oblige him to resolutely and firmly demand from his subordinates strict adherence to discipline, statutory order and organization.

Unity of command in internal affairs bodies is expressed in the fact that, firstly, all management functions are concentrated in one person - the sovereign head of the body, internal affairs department.

He is the sovereign organizer of the selection, placement, training of personnel and the performance of the personnel entrusted to him, and bears personal responsibility to the state for morale and discipline. Secondly, the orders and instructions of the heads of police agencies are not subject to discussion and must be carried out by subordinates unquestioningly, since discussion and criticism by subordinates of orders and instructions of superiors means that the appropriateness of certain demands of the superior is questioned by his subordinates. And in the conditions of operational and official activities of the police, this can weaken the unity of will and actions of the personnel and undermine official discipline.

We believe that high official discipline in internal affairs bodies and divisions is unthinkable without further strengthening unity of command. However, unity of command does not exclude collective discussion critical issues activities of a government body, the manager’s consideration of collective experience, his reliance on subordinates. It involves a combination of firm leadership and discipline in the process of work with the development of initiative and creative activity of the masses

Of course, subordination to the will of the leader does not limit the operational independence of ordinary performers, creative implementation within the boundaries of the legality of the instructions and orders of the leader. On the contrary, provided that the task is clearly outlined by the manager, a clear understanding of his role and personal responsibility for its implementation, the performer can and should show reasonable initiative, organization and perseverance in achieving the goal. Informal execution of instructions, instructions, search for the best organization of execution, the ability to find the most effective means, apply the most advanced techniques, use of hidden capabilities and reserves, complete dedication of oneself to the task assigned and at the same time the manifestation of one’s individuality - this is what distinguishes conscious discipline and a creative attitude to the performance of official duty.

2. Another feature of service discipline in the police is the deep understanding by employees of their official duty and personal responsibility for the quality performance of official duties. This is a moral and legal feature of the discipline of a police officer. The brief formula in which this feature is embodied is derived from the content of the Oath of an employee of internal affairs bodies (approved by a resolution of the Supreme Court of the Russian Federation of December 23, 1992). One of the points of the Oath reads: “I swear... to be an honest, courageous, vigilant employee... If I violate the Oath I took, then I am ready to bear the responsibility established by the laws of the Russian Federation.”

Understanding by police officers of their official duty and personal responsibility for the quality of performance of duties makes official discipline the most important condition high operational readiness and organization of bodies, units and divisions, their ability to solve assigned tasks and correctly reflect reality, be aware of the results of their influence on it, act in accordance with the interests of the individual, society and the state, creatively carry out the orders of the Minister of Internal Affairs of the Russian Federation and bosses of all levels.

An employee, as stated in the Code of Honor of ordinary and commanding personnel of the internal affairs bodies of the Russian Federation, must be faithful to the Oath, civic and official duty, deeply aware of his personal responsibility for protecting the life, health, rights and freedoms of citizens, property, interests of society and the state from criminals. and other illegal attacks.

It is important to pay attention to the fact that he must always remember that the overall efforts and results of the work of many employees of the departments, the internal affairs body and the entire law enforcement system can be weakened by inaction, an immoral act or deviation from the Oath of even one careless employee.

3. A distinctive feature of service discipline is the specific nature of power and subordination, the essence of which is the categorical and imperative nature of the orders and instructions of the chiefs of police agencies and the high degree of subordination of counterparties. This means that the rules of official discipline do not allow any deviations from the instructions they contain, and exclude the possibility of deciding the issue of their compliance depending on the discretion of the persons to whom these rules apply.

It seems that the developers of the draft of the modern Disciplinary Charter of the internal affairs bodies of the Russian Federation quite justifiably included in its text the provision that “in case of violation of official discipline by a subordinate, the superior (commander) must warn about the inadmissibility of such actions, and if necessary, depending on the degree of guilt and the severity of the offense committed - subject the perpetrator to disciplinary action or transfer materials about the offense to the court of honor.

In the event of open disobedience or resistance of a subordinate, the superior (commander) is obliged to take all coercive measures established by law and departmental regulations to restore order and official discipline.”

Attempts to object to the boss, to make a reservation before executing an order, are a manifestation of indiscipline and cannot be tolerated. The legally established structure of the police requires that juniors and subordinates quickly and accurately carry out the orders and instructions of their seniors and superiors. This gives them a high and flexible organization, facilitates the management of units, and ensures that all work on the protection of human rights, prevention and eradication of crime is carried out.

Service discipline in the police presupposes unconditional adherence to the order and rules established by laws and charters, increased demands on personnel in compliance disciplinary rules. This is due to the nature and extreme responsibility of the tasks assigned to the police, the special procedure for serving in the internal affairs bodies (compared to other types of public service), the strict regulation of all aspects of official activity and routine in the bodies and divisions.

As you can see, the concept of discipline is inextricably linked with submission to a certain order of activity.

Disciplinary responsibility is one of the means of strengthening official discipline. State coercion, manifested in the form of disciplinary sanctions, is aimed at protecting relations associated with the performance by civil servants of their official duties.

In modern complex world the term “responsibility” is used in a wide variety of meanings, contents and contexts. It is impossible to imagine any one, and indisputable, optimal definition of this term. For example, responsibility can be considered as a philosophical and sociological concept that reflects the objective, historically specific nature of the relationship between an individual, a team, and society from the point of view of the conscious implementation of mutual requirements placed on them.

Responsibility is distinguished between legal, moral, aesthetic, personal, collective, group, personal, i.e. citizen, society, state, etc. Divisions and gradations of responsibility into political, social, ethnic, etc. are possible.

The term “responsibility” comes from the words “to answer”, “response”. Interpretations of words, their comprehensive meaning and explanation of meaning can be found in the Dictionary of the Living Great Russian Language by V.I. Dalia.

The close connection between discipline and disciplinary responsibility makes it possible to classify official subordination as one of the essential features of the latter. This feature distinguishes disciplinary liability from other types of legal liability.

Disciplinary liability is a concept closely related to labor, administrative and service law.

Thus, in the legal literature it is noted that, unlike other types of legal liability, disciplinary liability is aimed at ensuring discipline mainly within the framework of official subordination. A.V. Nikiforov also points out this distinctive feature of disciplinary responsibility. “In terms of the order of implementation, the difference between disciplinary responsibility and administrative responsibility is that the perpetrators are brought to disciplinary responsibility by those officials and bodies on which the appointment of the offenders to positions depends or to whom the violators of discipline are subordinated in service.”

Thus, official subordination is an essential feature of the disciplinary responsibility of civil servants. Its presence is due to the nature of the relationships associated with official discipline.

4. The peculiarity of the discipline established in the police is also manifested in the application of special measures of reward to employees for their diligence, exploits and distinctions in service, as well as in special penalties applied for violation of official discipline. Thus, the Service Regulations provide for a wider list of incentives for police officers than the Labor Code of the Russian Federation in relation to employees. Only this list defines, for example, such incentives as being awarded with a personalized weapon, the honorary badge “Honored Employee of the Ministry of Internal Affairs of Russia” and some others.

It should be noted that the disciplinary liability of police officers for committing disciplinary offenses is more stringent than is the case in the state civil service. Such penalties may be applied to them that the Labor Code of the Russian Federation does not define for employees: deprivation of a badge, reduction in a special rank by one step, appointment out of turn to a service assignment, and others.

This specificity of incentive and punishment measures naturally follows from the special operational nature of the functions performed by police officers. At the same time, the differences that exist in the conditions for fulfilling the duties assigned to them leave an individual imprint on the specific content of both incentive measures and penalties.

5. A feature of service discipline in the police is that their chiefs are given a greater amount of disciplinary power than the heads of other state bodies. So, they are based on Art. 38 Service regulations may impose penalties that are not provided for by the Labor Code of the Russian Federation. These include: a warning about incomplete official compliance, demotion without specifying the period of demotion, reduction in a special rank by one step, etc. At the same time, the list of types of disciplinary sanctions imposed on a police officer established by the Service Regulations is much broader than such a list Labor Code of the Russian Federation.

The legislation of the Russian Federation, having placed on the heads of internal affairs bodies and divisions responsibility for the moral and psychological state of personnel, the level of professional, service and government training, granted them broad powers to maintain order and official discipline. This is explained by the fact that violation of official discipline by police officers in some cases has a significantly greater degree of public danger than a violation committed by an employee of any organization.

6. A specific property of discipline in internal affairs bodies is that it is built on the basis established by the legislator and the Minister of Internal Affairs of the Russian Federation strict rules etiquette and paraphernalia, which include the presence of special titles, rules of salutation and wearing a uniform uniform of the established pattern.

Seniors in a special rank and position, and in equal positions, seniors in a special rank in all cases are obliged to demand that juniors in a special rank observe discipline, dress code and rules of salutation.

Police officers are issued uniforms - a set of uniforms and insignia. Samples of clothing were approved by Decree of the Government of the Russian Federation of May 3, 1994 No. 445 “On uniforms, insignia and standards for the supply of clothing to persons of command and rank and file of internal affairs bodies with special ranks of police or justice.”

An employee’s discipline should also be manifested in such external signs as smartness, cleanliness and neatness. External smartness is a manifestation of the internal organization and discipline of all members of the rank and file and commanding staff of the internal affairs bodies.

And finally, service discipline presupposes relationships between employees built on the basis of strict subordination or subordination of juniors to seniors.

7. A special feature of the service discipline of police officers is that it applies not only to their official activities, but also to their behavior outside of service. If, for example, the rules labor discipline act only while the employee is performing his job function and do not regulate his behavior outside the organization, then official discipline requires certain behavior of a police officer in a number of cases and not while on duty official duties. This norm is formulated in paragraph 9 of the Code of Honor for Private and Commanding Personnel, which literally reads: “With all your behavior, set an example of high decency and ethical treatment of others, both in the service and in the family and in everyday life.”

This, of course, does not mean that service discipline extends its effect to all off-duty activities of police officers. It establishes rules of conduct only in cases where this is necessary to ensure official discipline in an objective sense, moral and legal relationships between employees and with the population, and also follows from the tasks of the police service and contributes to their implementation.

Yes, Art. 2.5 of the Code of the Russian Federation on Administrative Offenses states that employees of internal affairs bodies are responsible for administrative offenses in accordance with the regulations governing service in these bodies. In accordance with Art. 3.9 of the Code of Administrative Offenses of the Russian Federation, administrative punishment in the form of administrative arrest cannot be applied to employees of internal affairs bodies.

8. In contrast to labor discipline, the requirements for service discipline for police officers are much higher than for labor discipline for employees. Higher requirements for the official discipline of an employee are determined by the norms formulated in the text of the Oath of an employee of the internal affairs bodies of the Russian Federation, approved by the Supreme Council of the Russian Federation on December 23, 1992. In accordance with the Oath, which every citizen takes upon joining the police service, the employee is obliged: with dignity endure difficulties associated with service in the internal affairs bodies; be an honest, courageous, vigilant employee; not to spare their lives while protecting the legal order established by the Constitution and laws of the Russian Federation.

Neither labor nor other types of state discipline, except military, contain such requirements.

The essence of service discipline can be revealed, in our opinion, on the basis of recognition of its complex nature. Therefore, official discipline can be considered in two aspects: firstly, as a set of legal norms establishing official duties, rights and restrictions for civil servants; secondly, as practical compliance with these rules, i.e. in objective and subjective senses.

The main conditions ensuring official discipline include:

1) personal responsibility of a civil servant for the performance of official duties;

2) compliance by civil servants with laws and other regulations establishing the forms, methods and content of management activities and administrative procedures;

3) compliance with internal regulations in a government agency;

4) compliance with the established procedure for working with official information;

5) recognition, provision and legal protection of the rights and freedoms of citizens; correct behavior in the performance of official duties;

6) constant compliance with the qualification requirements for the position held public office public service; maintaining by each civil servant the level of qualifications necessary to perform their official duties;

7) constant control of the head of the state body over the performance of their official duties by subordinate officials and civil servants; skillful, fair, justified and legal application by the head of a state body in relation to subordinates of incentive measures (encouragement) and disciplinary liability.

As a result of the analysis of the views expressed in the literature on the concept of discipline and its meaning, we came to the conclusion that service discipline in internal affairs bodies is a special type of state discipline, a system of social relations, the subjects of which are employees of internal affairs bodies, strictly and accurately observing official duties. responsibilities in accordance with the legislation of the Russian Federation, the Oath, the service contract, orders of the Minister of Internal Affairs of the Russian Federation and direct superiors, exercising their powers and observing restrictions in the process of professional activity.

1.2 Mechanism of legal regulation of service discipline in internal affairs bodies

service discipline internal affairs body

In the theory of law, the method of legal regulation is understood as a set of techniques and methods used in the regulation of specific social relations to achieve certain goals. One of the main methods is administrative-legal. It is used to regulate managerial relations, where subjects of law are most often in a subordinate relationship to each other. The scope of their mutual rights and obligations is determined by regulations, and not by mutual agreements, as is inherent in the civil law method.

In the scientific literature, the concept of “administrative legal regulation mechanism” is traditionally used, which is “a system of administrative legal means that influence social relations, organizing them in accordance with the objectives of the state and society.” At the same time, its structure includes such elements (means) as norms of administrative law and its principles, objectified in laws and other regulations, acts of interpretation of norms of administrative law issued by authorized bodies and acts of their application, as well as administrative-legal relations . Professor Yu.N. Starilov speaks “about a system of administrative legal regulation, the elements of which are administrative legal norms, their application by subjects of law, during which... subjects are engaged in the interpretation of administrative law norms and, finally, administrative legal relations.”

Summarizing the judgments of scientists about the concept and structure of legal regulation, we can conclude that administrative and legal regulation of service discipline in internal affairs bodies is a process based on laws and other normative legal acts of the consistent use by subjects of disciplinary practice of administrative and legal means to achieve goals of strengthening official discipline.

The first element of legal regulation is the administrative legal norm. Comprehensive research the purpose and nature of the legal norms governing the relations of official discipline in internal affairs bodies allows us to systematize them into the following groups.

Incentive (stimulating) norms that carry an educational load. A special place in the system of state incentive norms is occupied by the Regulations on state awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442, which states that state awards of the Russian Federation are the highest form of reward for citizens. And in Art. 36 of the Regulations on Service in the Internal Affairs Bodies it is written that “for special merits, employees of the internal affairs bodies may be nominated for state awards of the Russian Federation.”

The second group of norms are norms that have protective purposes, which establish types of legal liability (disciplinary and material) for violation of discipline and the rule of law in the sphere of activity of internal affairs bodies. The rules of disciplinary liability for employees of internal affairs bodies are mainly concentrated in the Regulations on service in internal affairs bodies.

The third group of norms is disciplinary and procedural. First of all, these are the rules defining the procedure for disciplinary proceedings, reception, consideration, resolution of complaints and applications of employees of internal affairs bodies, etc.

The next element of the legal regulation mechanism under consideration is acts of application. The current legislation does not establish a uniform form and content of decisions to impose penalties for disciplinary liability. Disciplinary liability is implemented in disciplinary sanctions, which are established by: 1) federal laws; 2) laws of the constituent entities of the Russian Federation; 3) Labor Code RF; 4) disciplinary statutes and special regulations on discipline; 5) internal labor regulations. Analyzing normative legal acts, we can come to the conclusion that they may be an order.

Federal legislation does not define the procedure for interpreting the norms of disciplinary law applied in internal affairs bodies.

As for the acts of interpretation of disciplinary norms applied in the internal affairs bodies, they must first of all include the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, the purpose of which is to disclose and expand the content of the norms of the Regulations to bring them closer to a specific situation .

The final element of the system of administrative-legal regulation of service discipline is administrative-legal relations, which have their own internal structure, consisting of “the subject, the object of the legal relationship and its normative content.”

Disciplinary relations arise in connection with the regulation of official discipline by legal norms and are complex, intersectoral in nature, i.e. arise on the basis of the action of norms of various branches of law. They are non-property service relations that arise in connection with the police officer’s belonging to a single organizational whole - the process of performing law enforcement service by the police body.

Disciplinary legal relations, representing a type of official legal relations, are diverse in nature, legal content, and participants. They have all the basic features of any legal relationship.

It is worth highlighting some features of disciplinary relations in the police as administrative and legal.

They are quite significant, since the nature of administrative-legal relations is determined by: the sphere of their occurrence (the mechanism of functioning of power); specificity of administrative and legal regulation (imperativeness and one-sidedness of the expression of will of the subjects of management); content of administrative legal norms, i.e. their legal basis.

This is the most general characteristic of a disciplinary relationship, which expresses the relationship between the general and the particular, the generic and the specific.

However, it is important to highlight such elements of the essential characteristics of disciplinary relations in the police, with the help of which it is possible to determine their real place in the system of legal relations and distinguish them from other types of legal relations.

The rules governing official discipline in internal affairs bodies are not codified and are prescribed in several federal legal acts that have different legal force. Such norms are available in Chapter 4 (“Office Discipline”) of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, and paragraph 9 of this Resolution determined that the current regulations from the moment the Regulations on Service in the Internal Affairs Bodies of the Russian Federation are applied, if they do not contradict the specified Regulations. Thus, “to the extent that it does not contradict the Regulations,” the Police Disciplinary Charter is actually still in effect. Such norms also exist in the Federal Law “On the Police”. In addition, you need to keep in mind that the already rather complex system of existing regulatory legal acts is loaded with numerous changes and additions made by the legislator over the past 10 years. Only the Regulations on Service in the Internal Affairs Bodies of the Russian Federation were amended and supplemented by Decree of the President of the Russian Federation of December 24, 1993 No. 2288, Federal Laws of June 30, 2002 No. 78-FZ, of July 21, 1998 No. 117- Federal Law, dated July 17, 1999, No. 177-FZ, dated December 27, 2000, No. 150-FZ, dated December 30, 2001, No. 194-FZ, dated July 25, 2002, No. 116-FZ.

Thus, the main feature of service discipline in internal affairs bodies is its special regulatory regulation. The legal basis of service discipline is made up of federal laws regulating the activities of internal affairs bodies, the Regulations on service in the internal affairs bodies of the Russian Federation, the Oath, the contract for service in the internal affairs bodies of the Russian Federation, orders of the Minister of Internal Affairs of the Russian Federation and direct superiors.

1.3 Subject and functions of disciplinary practice in internal affairs bodies

As a rule, in the official documentation of the Ministry of Internal Affairs of the Russian Federation (instructions, letters, recommendations, reports, etc.), the term “disciplinary practice” is used in a narrow sense - as a statistical reflection of the enforcement of incentives and disciplinary sanctions by authorized officials (chiefs or commanders).

It is important to note the following that without exception, all sources that define the concept of “disciplinary practice” necessarily associate the basis for its application with strict compliance with laws, the Oath and other administrative legal acts governing discipline. Depending on how the rules governing discipline are observed, means of encouragement or punishment are applied, i.e., we are talking about a legal process that is characterized the following signs: this is a conscious and purposeful activity, consisting in the implementation of power by subjects of public power, programmed to achieve a certain legal result; this is a solution to individual specific cases; it is documented, the intermediate and final results of the process are reflected in official documents; There is extensive detailed regulation of this activity by legal norms. Thus, we can assume that we are talking about a legal process or law enforcement activities of authorized entities, i.e. legal practice.

In the scientific literature, legal practice is understood as “the activity of competent subjects in the publication (interpretation, application, etc.) of legal regulations, taken in unity with accumulated social and legal experience.”

The main element of disciplinary practice is law enforcement or law enforcement practice. In contrast to law-making, it “represents the unity of the power activities of the competent authorities, aimed at issuing individual specific instructions, and the legal experience developed in the course of such activities.”

Analyzing the components of law enforcement disciplinary practice, it can be assumed that the procedural activity of subjects of disciplinary practice is “a set of sequential actions performed to achieve a certain result.” In this case, the result must be understood as the positive qualities of official discipline. Based on the meaning of general scientific legal methods of public administration - coercion and encouragement - the legal means of the coercion method are measures of disciplinary liability - penalties, and the incentive method - encouragement itself.

Thus, we can conclude that the elements of the procedural activities of subjects of disciplinary practice are: procedural activities for the application of disciplinary measures and jurisdictional activities for the application of disciplinary measures. Considering that the Federal Law “On the Civil Service System of the Russian Federation” distinguishes service in internal affairs bodies as a separate type of public service - law enforcement, then, in our opinion, both the procedural and jurisdictional activities of subjects of disciplinary practice of internal affairs bodies require further study and legal regulation .

The results of law enforcement practice are recorded in administrative legal acts (usually orders) issued by the subjects of disciplinary practice.

When studying disciplinary practice, there are often cases when a disciplinary sanction is imposed for committing an offense without specifying a specific violation, but with a general wording. For example, “for negligent performance of official duties”, “for negligence”, “for poor discipline”. Such wording is acceptable when making entries in service cards. However, in this case, it is advisable to have the materials of the proceedings in writing, indicating in them violations of specific norms established by regulatory documents.

Accounting for the results of law enforcement practice on the application of disciplinary measures and penalties in internal affairs bodies is carried out HR departments. All incentives and disciplinary sanctions, with the exception of those announced orally, are subject to recording in the service cards and track records of employees’ personal files.

From the above it follows that the subject of disciplinary practice in internal affairs bodies is the totality of social relations that arise on the basis of the application of laws in the process of organization and activities of commanders and superiors vested with disciplinary power to apply measures of disciplinary rewards and penalties.

Analyzing the above, we can formulate a definition of disciplinary practice in internal affairs bodies - this is the legal activity of the heads of internal affairs bodies and their divisions based on laws in the process of assessing the service discipline of subordinates, expressed in the form of issuing individual legal acts on the application of measures of disciplinary rewards and penalties, objectified in statistical information.

The functions of disciplinary practice are manifested at two levels:

Somewhat different, diverse, having their own specific shades regarding disciplinary responsibility and its functions are expressed by D.A. Lipinsky.

The regulatory function of disciplinary responsibility takes part in consolidating and regulating labor relations and other directly related relations in labor organization and labor management, professional training, social partnership, collective bargaining, and the conclusion of collective contracts and agreements. The regulatory function of disciplinary responsibility is carried out through not only duties, but also rewards. Encouragement is the most effective incentive for conscientious performance of one's duties and above-standard behavior.

The preventive function of disciplinary responsibility is closely interconnected with the regulatory function, but if the latter is carried out primarily by establishing responsibilities, rewards and consolidating elements of lawful behavior, then the preventive function is carried out both by establishing responsibilities and by establishing elements of offenses and psychological impact on the subject with the threat of applying a disciplinary sanction. To shape the behavior of some subjects, influence by methods of persuasion is not enough, and then the threat of implementing a disciplinary sanction is used. The preventive function of disciplinary liability is designed to prevent violations of regulatory legal relations and the implementation of the punitive function.

Thus, consideration of the disciplinary practice of internal affairs bodies allows us to conclude that:

From all of the above in this chapter and taking into account the above arguments, we can conclude that the service discipline of police officers has its own characteristics that are different from labor discipline. It is based on federal laws regulating the activities of internal affairs bodies, the Regulations on service in the internal affairs bodies of the Russian Federation, the Oath, the contract for service in the internal affairs bodies of the Russian Federation, orders of the Minister of Internal Affairs of the Russian Federation and direct superiors.

The disciplinary practice of internal affairs bodies is the legal activity of the heads of internal affairs bodies and their divisions, based on laws, in the process of assessing the service discipline of subordinates, expressed in the form of issuing individual legal acts on the application of disciplinary measures of rewards and penalties, objectified in statistical information.

CHAPTER 2. DISCIPLINARY PROCEEDINGS IN INTERNAL AFFAIRS BODIES

The conditions and procedure for bringing employees of internal affairs bodies to disciplinary liability are defined in the Law of the Russian Federation of April 18, 1991 No. 1026-1 “On the Police” (as amended on July 27, 2006 No. 153-FZ) and the Regulations on service in internal affairs bodies of the Russian Federation, approved by Resolution of the Supreme Council of the Russian Federation dated December 23, 1992 No. 4202-1 (as amended on April 1, 2005 No. 27-FZ, as amended on July 25, 2002 No. 116-FZ).

In accordance with Art. 38 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation for violation of official discipline, the following types of disciplinary sanctions may be imposed on employees of the internal affairs bodies:

– remark;

– reprimand;

– severe reprimand;

– demotion;

– deprivation of a badge;

In educational institutions of the Ministry of Internal Affairs of the Russian Federation, in addition to the listed types of penalties, penalties are applied in the form of appointment out of turn to a service assignment (with the exception of appointment to a guard or on duty in a unit), as well as expulsion from the educational institution.

Disciplinary responsibility carries out not only general, but also private prevention. Some disciplinary sanctions deprive the subject of the actual opportunity to commit a new offense, since they exclude him from a certain area of labor relations. This measure of liability includes dismissal.

The legal means of the punitive function of disciplinary liability are broader than the means of the punitive function of material liability. An analysis of the regulations governing the disciplinary liability of civil servants shows that the following types of disciplinary sanctions are established for this category of employees: reprimand, reprimand, severe reprimand, warning of incomplete official compliance, dismissal, demotion, demotion in rank.

Such disciplinary measures as a reprimand, a reprimand, a severe reprimand, a warning about incomplete official compliance, mainly affect the psyche of the offender, reproach the offender and refer to punitive effects of a non-property nature. I.S. Samoshchenko and M.Kh. Farukshin note that “a considerable part of punitive sanctions consists only of imperious condemnation of the offender’s behavior.” In addition, conviction is followed by a state of punishment - the time during which the employee (employee) is considered to have a disciplinary sanction.

Demotion in position, rank, suspension from work, transfer to another job, deprivation of management rights involve both organizational and personal non-property deprivations, as well as property restrictions, since the manifestation of punitive influence in these cases is multifaceted. For example, a demotion in position or rank means censure of the culprit (his conviction), an organizational shift to a less prestigious position - a lower salary.

In all regions, without exception, measures of both incentives (material and moral) and disciplinary sanctions are widely used. This is evidenced by both the annual reports of the Ministry of Internal Affairs, the Department of Internal Affairs of the constituent entities of the Russian Federation, and the data of sociological surveys. The respondents noted in particular that over the past 5 years (2002-2006) they were repeatedly rewarded (98%) and punished (100%). Among the various forms of incentives, both traditional ones are used, as provided for in the Regulations on Service in the Internal Affairs Bodies, and others, such as awarding the title “Best in the Profession”, providing assistance to the families of employees and their relatives, sending letters of gratitude to the parents of young employees, to military units and labor collectives who recommended them for service in the internal affairs bodies, presenting memorable addresses and congratulations to employees in connection with some significant event in their life and service, issuing wall newspapers, lightning bolts, combat leaflets in connection with the conscientious performance by an employee of his official duty or their manifestation of resourcefulness, vigilance, perseverance, etc. in an extraordinary or critical situation.

In this case, a cash bonus was most often used as an incentive. This was indicated by 95.4% of respondents. Other incentives, also quite actively used in practice, are: awarding a badge, a certificate of honor, a written declaration of gratitude, a valuable gift and early assignment of the next title. The frequency of use of other types of incentives is significantly lower than those mentioned above, as can be seen from the table below.

Table 1. Frequency of use of various types of incentives in internal affairs bodies (2002 - 2006)

Rating	Type of promotion	Frequency of use of a specific type of incentive, %
1	Cash Prize	95,4
2	Awarding a badge	49,4
3	Certificate of Honor	43,7
4	Declaration of gratitude (written)	42,5
5	Valuable gift	40,0
6	Early assignment of next ranks	39,0
7	Awarding a medal	24,1
8	Early withdrawal and collection	19,5
9	Placing a photo on the honor board	12,6
10	Awarding the honorary badge “Honored Employee of the Ministry of Internal Affairs”	2,3
11	Assignment of a rank one step higher than the rank provided for in the staffing table	2,3

In some Ministry of Internal Affairs, Internal Affairs Directorates, and Internal Affairs Directorates, along with traditional forms of incentives, relatively new ones are also used. Thus, in the Department of Internal Affairs of the Ivanovo Region, a personal account for participation in solving crimes has been opened for each employee. Quarterly, the personnel department summarizes the results, on the basis of which the head of the department rewards three employees from each service.

In the building of the Internal Affairs Directorate there is a stand “Personal Account of Participation in Solving Crimes”, on which photographs of the best are hung. This practice not only encourages employees of internal affairs bodies to take a more active part in operational investigative activities, but also equips managers with objective criteria when determining incentives for their subordinates.

Of great interest is the practice of stimulating the activities of GROVD chiefs in the Ministry of Internal Affairs of the Komi Republic, where their official salaries are periodically reviewed (within the established range) depending on the results of the operational activities of their units, compliance with the law and discipline.

Since 1996, the Kuzbass UVDT has held competitions for the titles “Best Team” and “Best in the Profession”. The Conditions and Regulations for the competition have been developed, the results are summed up based on the results of work for six months and a year and are approved by the UVDT certification commission. The winners of the competition at the UVDT board are awarded challenge pennants and cash prizes, their names are entered in the Book and on the Honor Board.

The Municipal Department of Internal Affairs of the Krasnodar Territory annually awards awards named after Hero of the Soviet Union P.G. Gudenko and named after Major General V.A. Milyakova ( former boss Department of Internal Affairs of the Krasnodar Regional Executive Committee). The last prize is awarded to the head of the city police department who has achieved best results in the selection, training and education of employees. Posters and books about famous police officers and war participants are also published there and sent to all agencies and units. One of these books is the book of memoirs of a veteran of the Ministry of Internal Affairs of the Russian Federation, Hero of the Soviet Union, battalion commander who stormed the Reichstag S.A. Neustroeva.

The practice of stimulating police officers using personal bonuses is widespread in both the Chelyabinsk Regional Internal Affairs Directorate and the Trans-Baikal Internal Affairs Directorate. In order to perpetuate the memory of police officers, educate personnel on the ideas of devotion to the Motherland, and an uncompromising fight against crime, the Internal Affairs Directorate of the Chelyabinsk Region is awarded special awards based on the results of work for the year, approved by a decree of the Governor of the region.

Disciplinary measures applied in internal affairs bodies are also traditional and are determined by the norms of the Service Regulations. This list includes: reprimand, reprimand, severe reprimand, warning about incomplete official compliance. Moreover, most often, as can be seen from the table below, the heads of the internal affairs department and their structural divisions resorted to verbal reprimand and reprimand.

Table 2. Frequency of application of various types of sanctions to police officers (2002 - 2006)

Some internal affairs bodies have tested the practice of sending warning letters to the families of employees who systematically violate discipline, as well as inviting people from this category to meetings of the certification commission, the Council of Veterans, individual violators of discipline are discussed at meetings of the courts of honor, and are deprived of a monetary bonus “for complexity” etc.

This form of educational influence has shown its effectiveness, such as conducting interviews with employees whose activities and behavior there are justified complaints, followed by recording the results of the interview in the form of memos attached to the personal file (Internal Affairs Directorate of the Kursk, Murmansk region).

The practice of holding monthly discipline days at the Internal Affairs Directorate of the Vladimir Region with the invitation of representatives of the prosecutor's office, justice, the bar and the court has proven productive.

In the Internal Affairs Directorate of the Ryazan Region, in order to prevent and suppress disciplinary offenses and other illegal actions committed by Internal Affairs Directorate personnel, the coordinating role of the certification commissions of the Internal Affairs Directorate and the Regional Internal Affairs Directorate in working with personnel has been strengthened. It has become the norm to conduct monthly reports from heads of services and divisions on issues of strengthening discipline and legality of personnel, as well as extraordinary certification of heads of personnel apparatus of internal affairs bodies and divisions. Based on an analysis of the state of discipline and legality of personnel in the regional internal affairs department, a review is compiled quarterly at the internal affairs department and sent to the localities along with specific proposals for eliminating identified deficiencies.

At the same time, it should be noted that despite the widespread use of both incentives and sanctions, this, in our opinion, does not always lead to achieving the goal, i.e. to increase the activity of employees, their diligence, the quality of work performed, etc. or, at least, if there are results, they are not as significant as they actually could be. The reasons for this are as follows.

Firstly, an analysis of the existing practice of motivating employees suggests that many of the traditional forms of incentives have lost their stimulating effect or have experienced a significant weakening. First of all, this applies to such forms of encouragement as verbal expressions of gratitude to an employee, presenting a certificate, entering his name in the Book of Honor, placing a photograph of an employee on the Board of Honor, taking a photograph with the unfurled Banner of the Department of Internal Affairs. Despite, however, the existing “devaluation” of these types of incentives, they are most often used in practice.

In terms of disciplinary actions, the same can be said about comments, reprimands, and severe reprimands. Characteristic in this regard is the reaction of GROVD chiefs to disciplinary measures applied to them personally. In their circle, these individuals even with some pride name the number of penalties imposed on them during their tenure as head of the internal affairs agency. It is clear that these measures also do not have a noticeable disciplinary effect.

This does not mean that these forms of disciplinary action should be abandoned. Firstly, these forms cannot always be replaced with more “potent” ones.

The lack of effectiveness of both positive and negative stimulation is caused, in our opinion, by for the following reasons:

– delay in incentives, especially positive ones (on average, employees receive incentives for quality work, demonstrated initiative, perseverance, a large amount of work done, etc. after 4-5 days, and in some cases a little later);

– the lack of moral encouragement for some actions, work, etc., which are not significant in their significance and therefore, on the one hand, cannot serve as a basis for serious encouragement, but on the other hand, reflect the changes occurring among employees in the best side in relation to the fulfillment of the assignment given to them, the quality of the work performed, responsibility in a situation where it was possible to evade it, etc.;

– insufficient objectivity of managers when implementing sanctions on their subordinates (on average, the degree of objectivity, according to respondents, is currently 47.8%).

2.2 Grounds for bringing employees of internal affairs bodies to disciplinary liability

Disciplinary liability is an independent type of legal liability that exists in the domestic legal system. One of the most important features This type of legal responsibility is its interdisciplinary nature, which largely determines the complexity of studying this legal phenomenon. Issues of disciplinary liability are traditionally considered within the framework of labor and administrative law. The issue of the legal nature of coercive measures that can be applied to persons serving criminal sentences or facing criminal liability is debatable. Some researchers also classify such measures as disciplinary liability.

The separation of municipal law into an independent branch has led to the fact that the problems of disciplinary liability of municipal employees have become the subject of study of this branch of law. Such a “splitting” of disciplinary responsibility between various branches inevitably predetermined a largely one-sided approach to its study, carried out from the methodological positions of any one legal branch. We made an attempt integrated approach to the study of one of the key issues of disciplinary responsibility - the basis for its occurrence - taking into account the entire complex of normative and theoretical material affecting this type of responsibility.

Experts have not developed a more or less unified understanding of the concept of disciplinary responsibility.

According to, for example, Yu.N. Starilov, the main type of liability is disciplinary liability for commission of official misconduct.

The basis for disciplinary liability is established in the prescribed legal norms procedure, the fact that a person has committed a disciplinary (official) offense.

The foundation is essential feature, according to which phenomena and concepts are distributed. Determining the basis for bringing to disciplinary liability means establishing the circumstances in connection with which this type of legal liability exists and is applied.

Since disciplinary liability goes through the stages of establishment and application, the grounds for establishing disciplinary liability and the grounds for its application are distinguished.

The grounds for establishing disciplinary liability, i.e. recognition of acts as violations of military discipline are: the commission of these acts (or the presence of real preconditions for their commission); the danger (social harmfulness) of such acts for the interests of internal affairs bodies; their relative prevalence; the impossibility of influencing them by other means (disciplinary action, persuasion, etc.).

The theory of law, like any other offense, considers the content of a disciplinary offense through a set of legal characteristics: subject, subjective side, object, objective side. In other words, the formal legal basis for bringing to disciplinary liability is the presence in the offender’s act of signs of the legal composition of a disciplinary offense.

The object of encroachment of any offense in the state civil service system is the social relations that develop during the implementation of one or another type of government activities. Encroachments on these social relations appear in the form of violations of state discipline or its individual types. The object that is directly encroached upon by a particular disciplinary offense are specific powers (their non-exercise or excess) or obligations (their non-fulfillment or improper fulfillment).

The signs of the objective side of a disciplinary offense primarily include the unlawful act itself, encroaching on state discipline. It can be expressed in the form of both action and inaction. The range of such acts is very wide and heterogeneous, which is one of the reasons for the absence of a unified, holistic system of offenses in disciplinary legislation.

In legal literature, only individuals are recognized as subjects of disciplinary offenses. Both ordinary civil servants and officials can act as subjects of disciplinary offenses, and in contrast to the legislation on administrative offenses, officials bear disciplinary liability on an equal basis with ordinary employees.

The subjective side of a disciplinary offense in the state apparatus is a set of signs that characterize the mental attitude of the offender to his unlawful act and to its possible harmful consequences. First of all, guilt acts as such a sign. From a theoretical point of view, the presence of a person’s guilt is one of mandatory conditions bringing him to legal liability (some exceptions are provided when bringing a person to civil liability, which is of a legal restoration nature). Since disciplinary liability, along with administrative and criminal liability, refers to punitive types of legal liability, in this case we are talking more about an insufficient level of legal technology than about the principled position of the legislator, who has established a differentiated approach to the grounds of disciplinary liability for public servants and other categories of workers.

Depending on the form of guilt, disciplinary offenses are classified as intentional (committed with direct and indirect intent) and careless (resulting from arrogance or negligence). Such behavior of a civil servant is intentional when he is aware of the illegal nature of his behavior, foresees its harmful consequences and desires or consciously allows them to occur or is indifferent to them. Negligence occurs if a person does not foresee harmful consequences of its behavior, however, it could and should have foreseen their onset.

Thus, as for bringing to any other responsibility, the application of disciplinary measures requires the existence of an offense.

There is no uniform legal definition of the concept of “disciplinary (official) misconduct” in Russian legislation. The most widely used definition both in rule-making practice and in theory is the following definition: disciplinary offense - failure or improper fulfillment by an employee through his fault of the duties assigned to him labor responsibilities. The term “disciplinary offense” is traditionally used in legal literature, as well as in regulations related to labor law. The term “official misconduct” is used in legislation regulating issues of state and municipal service. Comparative analysis allows us to conclude that these two terms actually coincide. Such a unification of legal terminology seems quite appropriate, since it allows us to avoid ambiguities regarding the relationship between these two terms.

In general, disciplinary legislation does not contain an exhaustive list of disciplinary offenses. This reveals one of the features of disciplinary responsibility. At the same time, in the current legislation one can find examples of individual acts recognized as disciplinary offenses for certain categories of employees. Thus, Article 7 of the Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets” provides for disciplinary liability of officials who decided to classify information that is not subject to classification, depending on the material and moral damage caused to society, the state and citizens.

In addition to the general definition of a disciplinary offense given earlier, Russian legislation has special definitions that take into account the peculiarities of the legal status of certain categories of workers and employees, the nature of their official duties, as well as the specifics of some labor and educational teams. For example, Art. 12.1 of the Federal Law “On the Status of Judges in the Russian Federation” defines a disciplinary offense as a violation of the norms of this law, as well as the provisions of the code of judicial ethics approved by the All-Russian Congress of Judges. A similar interpretation of a disciplinary offense is contained in Art. 15 FKZ “On the Constitutional Court of the Russian Federation”. The basis for disciplinary liability of students of higher educational institutions is enshrined in Art. 9 Federal Law “On Higher and Postgraduate Professional Education”: in accordance with this article, disciplinary sanctions can be applied if a student violates the duties provided for by the charter of a higher educational institution and its internal regulations. According to Art. 48 of the Disciplinary Charter of the Armed Forces of the Russian Federation, military personnel personally bear disciplinary responsibility for violation of military discipline or public order. As is easy to see, in the above definitions of a disciplinary offense, the legislator clarifies the content of the concept of “official duties” for certain categories of subjects of disciplinary liability, using blanket norms. In other cases, the concept of a disciplinary offense can expand the territorial boundaries of disciplinary liability, taking it beyond a specific workplace. So, in Art. 13 of the Charter on Discipline of Maritime Transport Workers, a disciplinary offense is recognized as a violation of labor discipline by a maritime transport worker not only on board the ship, but also in office premises and on the territory of maritime transport organizations.

From an employee of internal affairs bodies, as an obligated person, what is required is not just behavior as such, but behavior that corresponds to the model. A model of such behavior is recorded in the Code of Conduct for Law Enforcement Officials, adopted on December 17, 1979 by Resolution 34/169 at the 106th plenary meeting of the UN General Assembly.

The Code of Conduct for Law Enforcement Officials states that those holding police powers undertake to respect and protect the human rights of all persons.

The Code of Honor for the rank and file of the internal affairs bodies of the Russian Federation stipulates that employees of the internal affairs bodies must be attentive, fair and impartial when performing their functions and, in particular, in their relations with the public. They never give any undue preference to any group or individual, discriminate against any group or individual, or otherwise abuse the authority and power vested in them.

In legal terms, we can talk about a disciplinary offense only when the person’s actions contain all the signs of a disciplinary offense. The composition of a disciplinary offense can be defined as “a set of characteristics characterizing an act with objective and subjective sides necessary and sufficient to bring a person to disciplinary liability.”

In the current legislation, actions or inactions that constitute official misconduct, unlike criminal offenses and administrative offenses, are not represented by the composition of legal facts due to their extreme diversity. It is for this reason that any violation of the duties assigned to a public servant is considered official misconduct. Whether there has been a breach of duty or not is decided by the competent authority or manager based on the circumstances of each specific case.

A characteristic feature of disciplinary liability is the fact that regulations, as a rule, do not contain descriptions of specific disciplinary offenses that would entail the application of established disciplinary sanctions. First of all, this is due to the wide variety of work and educational teams, and, accordingly, the variety of job responsibilities, the violation of which is a disciplinary offense. This is not typical for other types of punitive legal liability (administrative and criminal), where the elements of offenses are defined very clearly and each element has its own sanction.

In addition, it must be taken into account that bringing an employee to disciplinary liability is a right, not an obligation of the employer. Therefore, nothing prevents the employer in each specific case from carefully studying the circumstances of the offense committed, including the penalties that have already been applied to the person who committed it, and on this basis decide to bring the person to disciplinary liability or limit himself to an oral reprimand.

Some researchers, when deciding the relationship between disciplinary liability and other types of punitive legal liability, indicate the commission of other types of offenses (criminal offenses or administrative offenses) by a person as a special basis for the application of disciplinary sanctions.

In our opinion, immoral acts (actions that discredit the honor and dignity of a person) cannot be identified as an independent basis for disciplinary liability. From a theoretical point of view, the basis for any type of legal liability can only be the corresponding type of offense. Immoral acts violate the norms of morality and morality and are the basis for another type of social responsibility - moral. There is a close relationship between legal and moral norms.

In accordance with the requirements of clause 13.4 of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, the penalty must correspond to the severity of the offense committed and the degree of guilt. When determining the type and measure of punishment, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude to the service, knowledge of the rules of service, and more. If discipline is violated jointly by several persons, disciplinary sanctions are imposed on each culprit separately and only for the violation committed by him (taking into account the degree of guilt of the employee in the offense committed).

The extreme disciplinary measure is dismissal from the internal affairs bodies (clause 13.5 of the Instructions on the procedure for applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation).

The condition for the application of disciplinary measures is the recognition of failure to perform or improper performance of official duties as official misconduct. The authorized body (manager) must identify the legal signs of action or inaction of a civil servant, which in their totality form the composition of a specific official misconduct. Upon completion of the inspection, a conclusion is drawn up and presented to the manager. The conclusion will be the basis for issuing an order to bring the employee to disciplinary liability.

In accordance with clause 13.9 of the Instruction on the procedure for applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, early lifting of a previously imposed disciplinary sanction may be applied to police officers who have disciplinary sanctions as an incentive measure.

Thus, the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation provides special rules bringing police officers to disciplinary liability. Thus, the imposition of a disciplinary sanction for offenses committed during duty or patrol service can be carried out only after the guilty officer is relieved from duty, guard duty, post or after his replacement by other persons.

When holding an employee accountable for being drunk while on duty, it is necessary to be guided by the results medical examination, and if the employee refuses to be examined - by the testimony of at least two witnesses. It is prohibited to receive any explanations from a police officer who is allegedly intoxicated until he has sobered up.

A disciplinary sanction imposed on an employee is considered lifted if, within a year from the date of its imposition, this employee is not subject to a new disciplinary sanction.

A disciplinary sanction imposed by a police officer can be appealed to a court and (or) to a superior in the order of subordination to the chief. Meanwhile, filing such a complaint does not suspend the enforcement of the imposed disciplinary sanction.

However, the relationship between a disciplinary offense and a disciplinary sanction does not explain punishability and does not answer the question of why the perpetrator should be punished or brought to disciplinary liability. The commander (chief) has certain permissions related to the application of disciplinary action. To summarize this paragraph, we note that the basis for disciplinary liability is the violation of official discipline by employees of internal affairs bodies, expressed in a disciplinary offense. A disciplinary offense can be defined as a failure to perform or improper performance by an employee of internal affairs bodies through his fault of the official duties assigned to him, failure to comply with the moral and ethical requirements imposed on subjects of law enforcement activities by international legal acts and society as a whole, which does not entail criminal liability.

2.3 Disciplinary proceedings. The procedure for imposing and executing disciplinary sanctions

The constitutional consolidation of administrative proceedings as an independent form of justice allows us to state the need for legislative development of such an important procedural institution as disciplinary proceedings. According to the tradition of domestic science, disciplinary proceedings are considered within the framework of the administrative process. Therefore, the formation of a model of disciplinary responsibility for employees of internal affairs bodies should be carried out taking into account the characteristics of this type of legal proceedings.

Issues regarding bringing an employee of internal affairs bodies to disciplinary liability are resolved during disciplinary proceedings. Disciplinary proceedings in legal literature are understood as normatively establishing the procedure and form for carrying out legal actions for considering and resolving disciplinary offenses, as well as legal forms results of relevant procedural actions.

The legal basis for disciplinary proceedings against employees of internal affairs bodies is the Regulations on Service in the Internal Affairs Bodies of the Russian Federation and Section 13 of the Instructions on the procedure for applying this Regulation.

Back in 1888 N.O. Kuplevassky wrote: “Disciplinary proceedings often do not mean punishment for misconduct, but rather the resolution of a controversial issue - whether a given position of an employee is compatible with the duties of the service or not. Disciplinary penalties are understood to be those that are imposed either in order to direct a given official to the path required by his duty, that is, with the aim of improving him for public service, or, in extreme cases, in order to cleanse the environment of officials by removal from it of persons whose moral qualities are unsuitable.”

The comprehensive strengthening of legality and discipline is one of most important tasks heads of internal affairs bodies and their divisions. If a subordinate employee violates official discipline, the boss is obliged to warn him about the inadmissibility of such actions, and if necessary, depending on the severity of the offense committed and the degree of guilt, conduct an internal inspection, impose a disciplinary sanction on the perpetrator, or transfer materials about the offense to the court of honor.

In Russian legislation, the terms “investigation” and “official investigation” are used in criminal and administrative proceedings. In criminal proceedings, this term refers to the concept of forms preliminary investigation(Article 150 of the Code of Criminal Procedure of the Russian Federation). These terms are also enshrined in the positive (law enforcement) and jurisdictional types of administrative process.

The Code of Administrative Offenses of the Russian Federation contains Art. 28.7 “Administrative Investigation”, which defines the procedure for this procedure. Disciplinary (or personnel) proceedings, which is a type of administrative-jurisdictional process, includes a stage such as the initiation of a case of disciplinary misconduct (internal investigation).

The term “investigation” defines a large group of positive process activities aimed at establishing the causes of natural and man-made incidents. However, there is no common understanding of this term in various regulations governing the investigation. The Labor Code of the Russian Federation legalizes the investigation of industrial accidents. A new form of investigation has emerged - parliamentary.

The procedure for imposing a disciplinary sanction should include the following stages:

4) appealing the penalty.

1). At the stage of identifying a disciplinary offense and investigation, the employer’s representative, before applying a disciplinary sanction, must request an explanation in writing from the civil servant (in accordance with Article 39 of the Regulations on Service in the Internal Affairs Bodies). If necessary, the information specified in it is checked and a conclusion is made based on the results of the check.

By requesting this explanation, the employer's representative will be able to establish guilt in the employee's actions, correctly assess its degree, identify the causes and circumstances of the violation of official discipline, and, consequently, determine a fair punishment. At the same time, the refusal of a civil servant to give the specified explanation in writing is not an obstacle to the application of a disciplinary sanction. In this case, a corresponding act is drawn up.

In the work to strengthen official discipline and the rule of law, training the management of internal affairs bodies in the practice of conducting official inspections plays an important role. Their purpose is to provide the subject of the disciplinary Authority with detailed information necessary for the legal and objective resolution of the case. It can only take place if there is data indicating that the person has committed a disciplinary or other offense. For the purpose of training police personnel in the methodology and procedure for conducting official inspections educational institutions OVDs are published periodically methodological recommendations on the procedure for conducting internal inspections.

The objectives of the internal affairs audit are:

– a complete, objective and comprehensive study of the circumstances of violation of official discipline or other offenses committed by employees of internal affairs bodies;

– identifying the causes and conditions that contributed to their occurrence;

– identifying the perpetrators and ensuring the correct application of existing regulations so that everyone who commits a violation is subjected to a fair punishment and no innocent person is held accountable.

Managers, personnel officers, and internal security services are primarily involved in conducting internal audits. In some cases, on the basis of a written order or instruction, they can be entrusted to employees who have experience in investigations or inquiries, as well as those who know the specifics of the official activity in which the violation was committed.

During the internal audit the following must be established:

1) the event and guilt of the employee (time, place, method and other circumstances of the commission of the offense);

2) the employee’s involvement in the commission of an offense (goals and motives for the violation);

3) circumstances affecting the degree and nature of the offender’s responsibility, both aggravating and mitigating his guilt;

4) business and moral qualities of the person who committed the offense, and other data characterizing his personality;

5) the reasons and conditions that contributed to the commission of this offense.

To solve the questions raised, they use various methods and means of collecting evidence. These include: obtaining explanations and certificates; reclamation and analysis necessary documents; assignment of inventory, documentary audit, etc. Evidence of a disciplinary offense committed by an employee must be documented in writing. If necessary, eyewitnesses of the misconduct are interviewed, who may not be employees of the organization. Testimony of witnesses is documented in explanatory notes addressed to the person conducting the inspection, or interview protocols drawn up from the words of eyewitnesses and signed by them. During the inspection, a written explanation must be required from the employee.

At the end of the internal audit, a reasoned conclusion must be prepared for approval. The internal audit must be completed no later than month period from the date of receipt by the internal affairs body of an application, complaint, information, or report of an offense.

2). At the stage of making a decision on the need to bring an employee of the internal affairs bodies to disciplinary liability and choosing the applicable measure of responsibility.

A disciplinary sanction is taken against the violator of official discipline, and a corresponding act is issued. For each violation of labor discipline, as already noted, only one disciplinary sanction can be imposed.

However, demotion (that is, actually transferring to another job) as a means of maintaining discipline (including in the civil service system) is considered, in accordance with international standards, a form of forced labor.

Thus, in Article 2 of the International Labor Organization Convention No. 29 “On Forced or Compulsory Labor”, forced or compulsory labor means any work or service required of a person under the threat of any penalty, for which that person has not offered himself voluntarily. services. Article 1 of the International Labor Organization Convention No. 105 “Abolition of Forced Labor” obliges each Member of the International Labor Organization that has ratified this Convention to abolish forced or compulsory labor and not to resort to any form of it, including as a means of maintaining labor discipline. In addition, in the Russian Federation, forced labor is prohibited by the Constitution (clause 2 of Article 37).

A disciplinary sanction must be imposed before the expiration of 10 days from the day when the boss became aware of the disciplinary offense committed, and in cases of an internal inspection, initiation of a criminal case or a case of an administrative offense - no later than 1 month, respectively, from the date of completion of the inspection, consideration by the court , other competent body or official of a criminal case or a case of an administrative offense and making a final decision on them (not counting the time of illness of the guilty police officer or his being on vacation).

Disciplinary sanctions are applied by direct superiors within the limits of the rights granted to them. In this case, direct superiors are understood as superiors to whom police officers are subordinate in their service, at least temporarily.

The rights of superiors to impose disciplinary sanctions are established by the Ministry of Internal Affairs of the Russian Federation. If, in the opinion of the chief, it is necessary to apply punitive measures to a police officer that go beyond the limits of his rights, then he petitions for this to a superior commander. In this case, the superior superior has the right to cancel or mitigate the disciplinary sanction imposed by the inferior superior, or to impose a more severe penalty if the previously announced one does not correspond to the gravity of the offense committed.

A boss who exceeds the rights granted to him to impose disciplinary sanctions bears disciplinary liability for this.

3). Disciplinary action is carried out, as a rule, immediately or after certain period, but no later than 1 month from the date of its application. After this period, the penalty is not enforced, but is subject to accounting.

A written disciplinary sanction is considered lifted if, within 1 year from the date of its imposition, the police officer is not subject to a new sanction. An oral penalty is considered lifted after 1 month. As an incentive, a disciplinary sanction (both written and oral) can be lifted ahead of schedule - by the boss who imposed the sanction, his equal or a superior direct superior (Article 39 of the Regulations).

4). An employee of the internal affairs bodies has the right to appeal the disciplinary sanction imposed on him successively to higher superiors up to the Minister of Internal Affairs of the Russian Federation, and in cases established by law - to the court. Neither the Regulations on Service in Internal Affairs Bodies, nor the RSFSR Law of April 18, 1991 “On the Police” establish any restrictions on the right of an employee of internal affairs bodies to judicially appeal a disciplinary sanction imposed on him.

Disputes about the validity of imposing disciplinary sanctions must be considered by the courts according to the rules of claim proceedings.

If a complaint is filed with the court or with a superior in the order of subordination to the boss, the enforcement of the imposed disciplinary sanction is not suspended.

5). By virtue of the Law on the State Civil Service (Part 8 and Part 9 of Article 58), if within one year from the date of application of a disciplinary sanction a civil servant is not subject to a new disciplinary sanction, he is considered to have no disciplinary sanction.

The employer's representative has the right to remove a disciplinary sanction from a civil servant before the expiration of one year from the date of application of the disciplinary sanction on his own initiative, at the written request of the civil servant or at the request of his immediate supervisor.

The termination of a disciplinary case may be associated with the cancellation by the relevant authorities of an illegally imposed disciplinary sanction or the termination of a service contract.

Disciplinary proceedings against employees of internal affairs bodies are based on the following principles:

– legality;

– objective truth;

– presumption of innocence;

– ensuring guarantees of personal integrity;

– protection of honor and dignity of the individual;

– ensuring the right to defense;

– publicity;

– equality of the parties;

– competitiveness;

– independence of decision-making;

– responsibility of subjects of disciplinary proceedings.

According to the fair remark of P.P. Sergun, “improving legislation on discipline, including service discipline in the internal affairs bodies of the Russian Federation, must be considered as one of the most important tasks legal science. Any newly adopted legislative act regulating disciplinary relations is, on the one hand, a scientific achievement, manifested in the implementation of conclusions, proposals, recommendations of various scientific research“, on the other hand, it is the setting of other tasks, the study of new aspects of legal regulation, the accumulation of practice in the operation of this legislative act.”

The inevitability of disciplinary liability means that not a single disciplinary offense committed by a police officer should remain out of sight. At the same time, the implementation of this principle should be enshrined in the obligation to initiate disciplinary proceedings for each case of violation of official discipline by an employee. This in itself will be of great preventive importance, regardless of whether the disciplinary proceedings end at the stage of implementation of disciplinary liability or, taking into account the identity of the offender and the circumstances of the employee’s commission of a disciplinary offense, it is terminated before it.

Thus, to achieve positive results In strengthening discipline, managers need to:

As a conclusion, it can be noted that internal affairs officers may be subject to both disciplinary sanctions and rewards.

The basis for bringing to disciplinary liability is the commission of official misconduct.

Disciplinary proceedings in legal literature are understood as normatively establishing the procedure and form for carrying out legal actions for considering and resolving disciplinary offenses, as well as legal forms of the results of relevant procedural actions.

The procedure for imposing a disciplinary sanction includes the following stages:

1) identification of a disciplinary offense and investigation of the case.

2) making a decision on the need to bring an employee of the internal affairs bodies to disciplinary liability and choosing the applicable measure of responsibility.

3) execution of a disciplinary sanction.

4) appealing the penalty.

5) termination of a disciplinary case due to the expiration of the disciplinary sanction or its early removal.

The procedure for imposing and executing disciplinary sanctions in internal affairs bodies has its own characteristics and disadvantages.

Disciplinary sanctions are announced by order in person, before the formation or at a meeting (meeting). A reprimand and reprimand can be announced orally (without issuing a corresponding order).

CONCLUSION

The study we presented examines the essence and significance of service discipline in internal affairs bodies and measures to ensure it. As we have identified, service discipline is one of the sectoral varieties of state discipline. The essence of service discipline can be revealed, in our opinion, on the basis of recognition of its complex nature. Therefore, we considered official discipline in two aspects: firstly, as a set of legal norms establishing official duties, rights and restrictions for civil servants; secondly, as practical compliance with these rules, i.e. in objective and subjective senses.

The work indicates the mechanism of legal regulation of service discipline in internal affairs bodies. Administrative and legal regulation of service discipline in internal affairs bodies is a process based on laws and other regulations of the consistent use of administrative and legal means by subjects of disciplinary practice to achieve the goals of strengthening service discipline. Disciplinary relations arise in connection with the regulation of official discipline by legal norms and are complex, intersectoral in nature, i.e. arise on the basis of the action of norms of various branches of law. They are non-property service relations that arise in connection with the police officer’s belonging to a single organizational whole - the process of performing law enforcement service by the police body.

The work also analyzes the subject and functions of disciplinary practice in internal affairs bodies. The elements of the procedural activities of subjects of disciplinary practice are: procedural activities for the application of disciplinary measures and jurisdictional activities for the application of disciplinary measures. The subject of disciplinary practice in internal affairs bodies is the totality of social relations that arise on the basis of the application of laws in the process of organization and activities of commanders and superiors vested with disciplinary power to apply measures of disciplinary rewards and penalties.

The study examines the content and types of disciplinary measures in internal affairs bodies. In accordance with Art. 38 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation for violation of official discipline, the following types of disciplinary sanctions may be imposed on employees of the internal affairs bodies:

– remark;

– reprimand;

– severe reprimand;

– warning about incomplete official compliance;

– demotion;

– reduction in special rank by one step;

– deprivation of a badge;

– dismissal from internal affairs bodies.

According to Art. 36 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, the following types of incentives are provided for employees of the internal affairs bodies for exemplary performance of duties and achieved high results in service:

announcement of gratitude;

issuing a cash bonus;

rewarding with a valuable gift;

entry into the Book of Honor, on the Board of Honor;

awarding a Certificate of Honor;

awarding with a badge;

awarding a personal photograph of an employee taken from the unfurled Banner of the internal affairs body;

awarding with personalized weapons;

early assignment of the next special rank;

assignment of a special rank one step higher than the rank provided for the occupied regular position.

Early removal of a previously imposed disciplinary sanction may be used as an incentive.

We have identified the grounds for bringing employees of internal affairs bodies to disciplinary liability. The basis for disciplinary liability is the fact that a person has committed a disciplinary (official) offense established in the manner prescribed by legal norms. as well as for bringing to any other responsibility, the application of disciplinary measures requires the presence of elements of an offense.

Firstly, the employee’s actions must be illegal, that is, violate the law, or local regulations, or the requirements of the employment contract.

Second, the employee’s actions caused harm to the employer, regardless of its nature. This could be property damage or harm caused to the order existing in the organization.

Thirdly, guilt. If the employee is not at fault, holding him accountable is unacceptable.

The work also analyzes the procedure for imposing and executing disciplinary sanctions.

Before imposing a penalty from a police officer in accordance with Art. 39 of the Regulations on service in internal affairs bodies, a written explanation must be requested. If necessary, the information specified in it is checked and a conclusion is made based on the results of the check.

However, disciplinary sanction cannot be imposed during the illness of a police officer or while he is on vacation or a business trip, as well as if more than 6 months have passed since the commission of the offense, and according to the results of an audit or inspection of financial and economic activities - more than 2 months. years from the date of its commission. The specified periods do not include the period when a police officer is on vacation, time of illness, as well as the time of proceedings in a criminal case or a case of an administrative offense.

A disciplinary sanction is usually carried out immediately or after a certain period, but no later than 1 month from the date of its imposition. After this period, the penalty is not enforced, but is subject to accounting.

All of the above allows us to draw the following conclusions:

1. Service discipline of internal affairs officers is the exact and strict observance by employees of internal affairs bodies of the legislation of the Russian Federation, the obligations stipulated by the service contract, orders of direct and immediate superiors, as well as the provisions of the Code of Honor for ordinary and commanding personnel of internal affairs bodies. The advantage of this definition is, in our opinion, that it takes into account the ethical requirements for internal affairs officers.

2. Based on the results of a study of regulatory legal acts, primarily the Regulations on service in the internal affairs bodies of the Russian Federation, approved by a resolution of the Supreme Council of the Russian Federation on December 23, 1992, as well as scientific literature, which to one degree or another examines the phenomenon of service discipline police officers, we can highlight the following features. Service discipline of police officers:

1) is based on strict unity of command;

2) presupposes a deep understanding by police officers of their official duty and personal responsibility for the performance of official duties;

3) differs in the nature of power and subordination; requires unconditional compliance with the order and rules established by laws and other regulations;

4) provides for the application of special disciplinary measures against employees;

5) provides the heads of bodies, institutions and divisions with a greater amount of disciplinary power than the heads of other state bodies;

6) is based on strict rules of official etiquette and paraphernalia established by the state;

7) applies not only to the official activities of employees, but in some cases to their behavior outside of work;

8) places significantly higher demands on employees than labor demands on employees.

3. The main feature of service discipline in internal affairs bodies is its special regulatory regulation. The legal basis of service discipline is made up of federal laws regulating the activities of internal affairs bodies, the Regulations on service in the internal affairs bodies of the Russian Federation, the Oath, the contract for service in the internal affairs bodies of the Russian Federation, orders of the Minister of Internal Affairs of the Russian Federation and direct superiors.

4. The disciplinary practice of internal affairs bodies is the legal activity of the heads of internal affairs bodies and their divisions, based on laws, in the process of assessing the service discipline of subordinates, expressed in the form of issuing individual legal acts on the application of measures of disciplinary rewards and penalties, objectified in statistical information.

5. The functions of disciplinary practice are manifested at two levels:

– externally, when the role played by a social institution or system in relation to the needs or interests of the entire social system of the state, society, i.e. organizations (systems) at a higher level. Thus, the institution of disciplinary practice in internal affairs bodies, being a type of legal practice, fulfills its role within the system of executive authorities;

– on the internal – when the role that is dependent and observed between the various components of a single social process when changes in one part of the system are derived from changes in another part of it. For example, having changed (tightened or weakened) the norms of disciplinary responsibility for any type of disciplinary offenses, it is legitimate and logical to expect changes in the legal relations of subjects of disciplinary practice.

In addition to general social ones, two main actual legal functions of disciplinary practice can be distinguished: regulatory and protective.

6. Thus, consideration of the disciplinary practice of internal affairs bodies allows us to conclude that:

– the functions of disciplinary practice are relatively isolated areas of its homogeneous impact on subjective and objective reality, in which its nature is concretized, dynamism, creatively transformative nature, socio-legal purpose, place and role in the legal system (life) of society are manifested;

– functions express the essence of disciplinary practice, the characteristics of its individual aspects and properties. Changes in functions affect the structure of disciplinary practice, certain elements, its content and form;

– the functions especially clearly demonstrate the organizational, constructive and dynamic nature of disciplinary practice, the ability to link together its various elements, form a regulatory framework, explain and specify legal regulations, ensure their integration and implementation.

7. The procedure for imposing a disciplinary sanction should include the following stages:

1) identification of a disciplinary offense and investigation of the case.

2) making a decision on the need to bring an employee of the internal affairs bodies to disciplinary liability and choosing the applicable measure of responsibility.

3) execution of a disciplinary sanction.

4) appealing the penalty.

5) termination of a disciplinary case due to the expiration of the disciplinary sanction or its early removal.

8. In accordance with the requirements of clause 13.4 of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, the penalty must correspond to the severity of the offense committed and the degree of guilt.

9. The composition of a disciplinary offense includes four elements:

subject (internal affairs officer),

subjective side (the fault of an internal affairs officer),

object (social relations that develop in connection with the implementation of tasks assigned to employees of internal affairs bodies, relations associated with the observance of official discipline, as well as moral principles in internal affairs bodies),

the objective side (a specific action or inaction of employees of internal affairs bodies that violates official discipline).

10. When determining the type and measure of punishment, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude to the service, knowledge of the rules of service, and more. If discipline is violated jointly by several persons, disciplinary sanctions are imposed on each culprit separately and only for the violation committed by him (taking into account the degree of guilt of the employee in the offense committed).

The extreme disciplinary measure is dismissal from the internal affairs bodies.

The results of the study allow us to formulate the following proposals and recommendations:

1. The lack of effectiveness of both positive and negative stimulation is caused, in our opinion, by the following reasons:

– delay in incentives, especially positive ones (On average, employees receive incentives for high-quality work, demonstrated initiative, perseverance, a large amount of work done, etc. after 4-5 days, and in some cases a little later);

– when employees receive bonuses based on performance results for a quarter, half a year, or year, the lack of a sense of connection between these rewards and their individual contribution to overall performance results;

– insufficient objectivity of managers when executing sanctions on their subordinates.

We believe that in order to strengthen official discipline in internal affairs bodies, it is necessary to specify the grounds for applying all forms of incentives and sanctions and to regulate in more detail the procedure for applying disciplinary measures to employees.

– reveal the moral position of the norms of official discipline, etiquette, tact, professionally oriented behavior;

– ensure the maintenance of statutory order in the internal affairs bodies, clear regulation of the activities of personnel, systematically repeated actions that instill service discipline (divorce, briefing, classes, report on implementation, analysis, summing up);

– to ensure that personnel develop habits of organization, punctuality, and impeccable behavior;

– use collective and public opinion, moral sanctions and the power of group opinion, meetings, public organizations, commissions, veterans' councils, mentors;

– ensure adequate use of disciplinary practices.

To implement these proposals, it is necessary to improve the legal regulations governing the activities of internal affairs bodies.

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Stremoukhov A.V. Educational and legal work to strengthen the rule of law and official discipline among employees of internal affairs bodies: Lecture / A.V. Stremoukhov. - St. Petersburg, 1997. - P.11.

Law on police with new amendments. Regulations on service in the Department of Internal Affairs. Financing the police: [ed. 2006]. – M., 2007. - 80 p.

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On the announcement of the decision of the board of the Ministry of Internal Affairs of Russia dated October 29, 1993 No. 5 KM/1 (together with the “Code of Honor of the ordinary and commanding personnel of the internal affairs bodies of the Russian Federation”: Order of the Ministry of Internal Affairs of the Russian Federation dated November 19, 1993 No. 501 / ATP “ConsultantPlus”.

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Korenev A.P. Administrative law of Russia. Textbook in 3 parts / A.P. Korenev. - M., 2001. - Part 1. - P. 42.

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See: Kasyulin V.V. Problems of disciplinary practice of internal affairs bodies: Dis... Cand. legal Sciences / V.V. Kasyulin. – M., 2003.- 210 p.

Regulations on state awards of the Russian Federation: Decree of the President of the Russian Federation of March 2, 1994 No. 442 // SZ RF. - 1994. - No. 10. - Art. 775; 1999. - No. 2. - Art. 269.

Gabrichidze B.N. Legal responsibility: textbook. allowance / B.N. Gabrichidze, A.G. Chernyavsky. – M., 2005. – P. 580.

Administrative law: Textbook / Under. ed. L.L. Popova. - M., 2002. - P. 389

On the public service system of the Russian Federation: Federal Law of May 27, 2003 No. 58-FZ (as amended on July 6, 2006) // SZ RF. - 2003. - No. 22. - P. 2063; 2006. - No. 29. - Art. 3123.

Trofimov E.N. The procedure for appointing and conducting proceedings on facts of violations of military discipline / E.N. Trofimov // Law and the Army. – 2005. - No. 8.

On approval of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of December 14, 1999 No. 1038 (as amended on May 5, 2006). Art. 13.12 // Bulletin of normative acts of federal executive authorities. – 2000. – No. 17; 2005. - No. 21.

See: Kasyulin V.V. Problems of disciplinary practice of internal affairs bodies: Dis... Cand. legal Sciences / V.V. Kasyulin. – M., 2003.- 210 p.

See: Lipinsky D.A. Problems of legal liability / D.A. Lipinsky. – St. Petersburg, 2004. – P. 310-333.

See: Gabrichidze B.N. Legal responsibility: textbook. allowance / B.N. Gabrichidze, A.G. Chernyavsky. – M., 2005. – P. 587-590.

Law on police with new amendments. Regulations on service in the Department of Internal Affairs. Financing the police: [ed. 2006]. - M., 2007. - 80 p.

See: Kasyulin V.V. Problems of disciplinary practice of internal affairs bodies: Dis... Cand. legal Sciences / V.V. Kasyulin. – M., 2003.- 210 p.

Samoshchenko I.S. Responsibility under Soviet legislation / I.S. Samoshchenko, M.Kh. Farukshin. - M., 1971. - P. 57.

Adyan A.O. Incentives in internal affairs bodies: analysis of existing practice and ways to improve it // Ros. investigator. – 2003. - No. 12. – P. 60-61.

Adyan A.O. Incentives in internal affairs bodies: analysis of existing practice and ways to improve it // Ros. investigator. – 2003. - No. 12. – P. 62.

Adyan A.O. Incentives in internal affairs bodies: analysis of existing practice and ways to improve it // Ros. investigator. – 2003. - No. 12. – P. 63.

Adyan A.O. Incentives in internal affairs bodies: analysis of existing practice and ways to improve it // Ros. investigator. – 2003. - No. 12. – P. 64.

See: Adushkin Yu.S. Disciplinary proceedings in the USSR / Yu.S. Adushkin. - Saratov, 1986. - P. 30.

Matveenko P.V. Responsibility of officials of the organization for violation labor legislation// Taxes. – 2007. - No. 3.

Sergeev A.V. Grounds for disciplinary liability / A.V. Sergeev // Vestn. Moscow un-ta. Ser. 11. Right. - 2005. - No. 4. - P. 78.

On state secrets: Law of July 21, 1993 No. 5485-1 (as amended on December 1, 2007) (as amended and supplemented, coming into force on December 15, 2007) // Collection of Legislation. - 1996. - No. 15. - Art. 1768; 1997. - No. 41. - Art. 8220-8235, art. 4673; 2002. - No. 52 (2 hours). - St. 5288; 2003. - No. 6. - Art. 549; No. 27 (Part I). - St. 2700; No. 46 (part 2). - St. 4449; 2004. - No. 27. - Art. 2711; No. 35. - Art. 3607; 2007. - No. 49. - Art. 6055, art. 6079.

On the status of judges in the Russian Federation: Law of the Russian Federation of June 26, 1992 No. 3132-1 (as amended on July 24, 2007) // Russian newspaper. – 1992. - No. 170; 2007. - No. 165.

On the Constitutional Court of the Russian Federation: Constitutional Law of July 21, 1994 No. 1-FKZ (as amended on February 5, 2007) // Collection of Legislation of the Russian Federation. – 1994. - No. 13. - Art. 1447; 2007. - No. 7. - Art. 829.

On higher and postgraduate professional education: Federal Law of August 22, 1996 No. 125-FZ (as amended on July 13, 2007) // Russian newspaper. – 1996. - No. 164; 2007. - No. 152.

See: Disciplinary Charter of the Armed Forces of the Russian Federation (approved by Decree of the President of the Russian Federation dated December 14, 1993 No. 2140) (as amended on June 30, 2002). - M., 1994; Russian newspaper. – 2002. - No. 119.

On approval of the Charter on discipline of maritime transport workers: Decree of the Government of the Russian Federation of May 23, 2000 No. 395 // Collection of legislation of the Russian Federation. – 2000. - No. 22. - Art. 2311.

See: Code of Conduct for Law Enforcement Officials (Adopted on 12/17/1979 by Resolution 34/169 at the 106th plenary meeting of the UN General Assembly) // International protection of human rights and freedoms. Sat. documents. - M., 1990. - P. 319 - 325

See: On the announcement of the decision of the board of the Ministry of Internal Affairs of Russia dated October 29, 1993 No. 5 KM/1 (together with the “Code of Honor of ordinary and commanding personnel of the internal affairs bodies of the Russian Federation”: Order of the Ministry of Internal Affairs of the Russian Federation dated November 19, 1993 No. 501 / ATP “ConsultantPlus” "

Sergeev A.V. Grounds for disciplinary liability / A.V. Sergeev // Vestn. Moscow un-ta. Ser. 11. Right. - 2005. - No. 4. - P. 80.

See, for example: Molodtsov M.V. Labor law: Textbook for universities / M.V. Molodtsov, S.Yu. Golovin. - M., 2003. - P. 176; Kozhokhin B.I. State discipline and responsibility / B.I. Kozhokhin, L.I. Antonov. - L., 1990. - P. 82.

See: On approval of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of December 14, 1999 No. 1038 (as amended on May 5, 2006) // Bulletin of normative acts of federal executive authorities. – 2000. - No. 17; 2005. - No. 21.

See: Determination of the Judicial Collegium of the Supreme Court of the Russian Federation dated September 16, 1994 // Bulletin of the Supreme Court of the Russian Federation. - 1995. - No. 4.

Constitution of the Russian Federation: official. text. – M., 1993. – 64 p.

Drozdov A.G. Disciplinary responsibility of judges of the Russian Federation / A.G. Drozdov, V.I. Kainov. – St. Petersburg, 2004. – P. 103.

Kuplevasky N.O. Civil service in theory and in current law in England, France, Germany and Cisleitan Austria / N.O. Kuplevassky. – Kharkov, 1888. – P. 4.

See: Poletaev Yu.N. Legal status of state civil servants in the sphere of labor / Yu.N. Poletaev. – M., 2005.

See: On approval of the Regulations on service in the internal affairs bodies of the Russian Federation and the text of the Oath of an employee of the internal affairs bodies of the Russian Federation: Resolution of the Armed Forces of the Russian Federation of December 23, 1992 No. 4202-1 (as amended on March 2, 2007) // Vedomosti SND and Armed Forces of the Russian Federation. - 1993. - No. 2. - Art. 70; Collection of legislation of the Russian Federation. - 2007. - No. 10. - Art. 1151.

Nyrkov V.V. Reward and punishment as paired legal categories: Author's abstract. dis... cand. legal Sciences / V.V. Nyrkov. – Saratov, 2003. – P. 22.

See: Shamarov V.M. Educational work with personnel of internal affairs bodies / V.M. Shamarov, Kh.Kh. Loit. – St. Petersburg, 2001. – pp. 59-60.

See: Regarding the forced organization of labor: Convention of the International Labor Organization No. 29 // Gazette of the USSR Armed Forces. - 1956. - No. 13. - Art. 279.

See: On the abolition of forced labor: Convention of the International Labor Organization No. 105 // Collection of legislation of the Russian Federation. – 2001. - No. 50. - Art. 4649.

Sergun P.P. Public service in the internal affairs bodies of the Russian Federation: state and theory of development / P.P. Sergun. - Saratov, 1998. - P. 174.

See, for example: Mayurov N.P. Legal features of service discipline of police officers / N.P. Mayurov // History of State and Law. - 2003.- No. 5. - pp. 17-20; Bakhrakh D.N. Disciplinary and legal coercion in the Russian Federation / D. N. Bakhrakh // State and law. – 2006. - No. 6. – P. 43-50.

On approval of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs dated December 14, 1999 No. 1038 (as amended on May 5, 2006) // Bulletin of normative acts of federal executive authorities. – 2000. - No. 17; 2005. - No. 21.

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

ORDER

On some issues of applying incentive measures and imposing disciplinary sanctions in the internal affairs bodies of the Russian Federation

(as amended November 14, 2016)

Lost force on April 3, 2018 on the basis
Order of the Ministry of Internal Affairs of Russia dated February 1, 2018 N 50
____________________________________________________________________

____________________________________________________________________
Document with changes made:
(Rossiyskaya Gazeta, N 208, 09/12/2014);
(Official Internet portal of legal information www.pravo.gov.ru, 09.12.2016, N 0001201612090011).
____________________________________________________________________

In accordance with the Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" and the Disciplinary Charter of the internal affairs bodies of the Russian Federation, approved -
________________

Collection of Legislation of the Russian Federation, 2012, No. 43, Art. 5808.

I order:

1. Approve:

1.1. The procedure for applying incentive measures to employees of the internal affairs bodies of the Russian Federation (Appendix No. 1).

1.2. List of managers (chiefs) of the system of the Ministry of Internal Affairs of the Russian Federation and their corresponding rights to apply incentive measures and impose disciplinary sanctions against subordinate employees (Appendix No. 2).

2. Recognize sections VII, XIII of the Instruction on the procedure for applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia of December 14, 1999 N 1038, Appendix No. 11 and to the Instructions, as invalid.
________________
Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 ( registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia on July 31, 2006, registration N 8128), dated December 9, 2008 N 1074 (registered with the Ministry of Justice of Russia on January 15 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 N 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration N 25025 ), dated October 19, 2012 N 961 (registered with the Ministry of Justice of Russia on November 30, 2012, registration N 25988), dated November 30, 2012 N 1065 (registered with the Ministry of Justice of Russia on December 29, 2012, registration N 26499), dated January 9, 2013 year No. 3 (registered with the Ministry of Justice of Russia on February 14, 2013, registration No. 27087) and dated January 31, 2013 No. 54 (registered with the Ministry of Justice of Russia on April 19, 2013, registration No. 28234).

3. Heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, health and sanitary and health resort organizations system of the Ministry of Internal Affairs of Russia, district departments of material and technical supply of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to carry out the tasks and exercise the powers assigned to the internal affairs bodies of the Russian Federation, ensure that incentive measures are taken into account in accordance with this order.
by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559; as amended, put into effect on December 20, 2016 by order of the Ministry of Internal Affairs of Russia dated November 14, 2016 N 722.
________________
The footnote was excluded from December 20, 2016 - order of the Ministry of Internal Affairs of Russia dated November 14, 2016 N 722..

4. Entrust control over the implementation of this order to Deputy Minister S.A. Gerasimov.

Minister
Lieutenant General of Police
V. Kolokoltsev

Registered
at the Ministry of Justice
Russian Federation

registration N 28968

Appendix No. 1. The procedure for applying incentive measures to employees of internal affairs bodies of the Russian Federation

Appendix No. 1

1. This Procedure determines the procedure for applying to employees of the internal affairs bodies of the Russian Federation incentive measures provided for in paragraphs 1-6 and 9 of part 1, parts 2 and 3 of Article 48 Federal Law dated November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.”
________________
Next - “employees”.

Collection of Legislation of the Russian Federation, 2011, N 49, Art. 7020; 2012, N 50, art. 6954.

2. Incentive measures are announced by orders of managers (supervisors) in accordance with the powers specified in the List of managers (chiefs) of the system of the Ministry of Internal Affairs of the Russian Federation and the corresponding rights to apply incentive measures and impose disciplinary sanctions in relation to subordinate employees (Appendix No. 2 to the order , who approved this Procedure).

3. The manager (chief), when temporarily fulfilling the duties of his position in the internal affairs bodies of the Russian Federation, enjoys the rights to apply incentive measures granted for this position.
________________
Next is “position”.

4. Incentive measures for employees seconded to federal government bodies, other government bodies or organizations (with the exception of the State Courier Service of the Russian Federation) are applied by the Minister of Internal Affairs of the Russian Federation on the basis of petitions from the heads of the relevant federal government bodies, other government bodies or organizations.
(Clause as amended, put into effect on December 20, 2016 by order of the Ministry of Internal Affairs of Russia dated November 14, 2016 N 722.

5. Incentive measures for employees at disposal are applied by heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, health care and sanatorium and resort organizations, district departments of material and technical supply of the system Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, at whose disposal employees are and (or) whose instructions they carry out, in accordance with the powers specified in the List of managers (chiefs ) the system of the Ministry of Internal Affairs of the Russian Federation and the corresponding rights to apply incentive measures and impose disciplinary sanctions against subordinate employees.
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.
________________
Next - "Ministry of Internal Affairs of Russia".

6. Incentive measures are communicated to employees in person, before the formation or at a meeting (meeting). If an incentive measure is announced to an employee personally, the contents of the relevant order are communicated to all personnel.

7. The right to apply incentive measures granted to a subordinate manager (supervisor) also has the direct manager (supervisor).

8. In cases where, in the opinion of the manager (supervisor), it is necessary to apply incentive measures, the application of which goes beyond the scope of his disciplinary rights, he petitions for this to the superior manager (chief).
________________
, approved by Decree of the President of the Russian Federation of October 14, 2012 N 1377 “On the Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation” (Collected Legislation of the Russian Federation, 2012, N 43, Art. 5808).

9. Petitions to the Minister of Internal Affairs of the Russian Federation for the application of incentive measures are submitted by the Deputy Minister of Internal Affairs of the Russian Federation, heads of divisions of the central apparatus of the Ministry of Internal Affairs of Russia, heads (chiefs) of territorial bodies of the Ministry of Internal Affairs of Russia (except for those subordinate to the territorial bodies of the Ministry of Internal Affairs of Russia), educational, scientific, medical -sanitary, sanatorium and resort organizations of the Russian Ministry of Internal Affairs system, district logistics departments of the Russian Ministry of Internal Affairs system, as well as other organizations and divisions created to perform the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation (with the exception of organizations subordinate to territorial bodies of the Ministry of Internal Affairs of Russia), as well as heads of relevant federal government bodies, other government bodies or organizations in relation to seconded employees.
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.

10. The procedure for applying incentive measures in the form of paying a cash bonus, awarding departmental awards, awarding firearms or bladed weapons is determined by this Procedure, as well as orders of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 “On approval of the Procedure for providing monetary allowances to employees of internal affairs bodies of the Russian Federation ", dated October 31, 2012 N 989 "On departmental insignia of the Ministry of Internal Affairs of the Russian Federation" and dated July 25, 2008 N 651 "On the procedure for awarding weapons in the system of the Ministry of Internal Affairs of the Russian Federation" respectively.
________________
Registered with the Ministry of Justice of Russia on May 6, 2013, registration N 28315.

Registered with the Ministry of Justice of Russia on December 25, 2012, registration N 26364.

Registered with the Ministry of Justice of Russia on August 15, 2008, registration N 12134, as amended by order of the Ministry of Internal Affairs of Russia on February 27, 2012 N 123 (registered with the Ministry of Justice of Russia on April 4, 2012, registration N 23729).

10_1. An employee of internal affairs bodies who has a disciplinary sanction imposed on him in writing by order of the Minister of Internal Affairs of the Russian Federation or the relevant manager (supervisor) may be subject to an incentive measure only in the form of early lifting of a disciplinary sanction previously imposed in writing.
(The paragraph was additionally included on December 20, 2016 by order of the Ministry of Internal Affairs of Russia dated November 14, 2016 N 722)

11. Early removal of a disciplinary sanction previously imposed on an employee is carried out by the manager (supervisor) by whom the disciplinary sanction was imposed, or by a superior manager (supervisor). When transferring an employee to another position, a disciplinary sanction can be lifted by a manager (supervisor), equal in position to the manager (supervisor) who imposed the disciplinary sanction, or by a superior manager (supervisor).

12. Incentive measures are subject to recording, information about them is entered into the employee’s personal file. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.

Appendix No. 2. List of managers (chiefs) of the system of the Ministry of Internal Affairs of the Russian Federation and their corresponding rights to apply incentive measures and impose disciplinary sanctions against subordinate employees

Appendix No. 2


	Job title	Rights to apply incentive measures	Rights to impose disciplinary sanctions

	Minister of Internal Affairs of the Russian Federation	Express gratitude. Pay a cash bonus. Reward with a valuable gift. Award a Certificate of Honor from the Ministry of Internal Affairs of the Russian Federation. Enter the name of an employee of the internal affairs bodies of the Russian Federation in the Book of Honor of the Ministry of Internal Affairs of the Russian Federation or on the Board of Honor of the Ministry of Internal Affairs of the Russian Federation. Award departmental awards. Confer the next special rank ahead of schedule (with the exception of special ranks of senior command personnel). Assign the next special rank one step higher than the special rank provided for the position being replaced (up to police colonel, internal service colonel, justice colonel inclusive). Reward with firearms or	Announce a remark. Reprimand. Give a severe reprimand. Translate to lower position in the internal affairs bodies of the Russian Federation (with the exception of the transfer to a lower position of an employee filling a position, appointment to and dismissal from which is carried out by the President of the Russian Federation). Dismiss from service in the internal affairs bodies of the Russian Federation (with the exception of dismissal from service in the internal affairs bodies of an employee holding a position, appointment to and dismissal from which is carried out by the President of the Russian Federation). Assign out of turn to a detail, with the exception of appointment to
		cold steel. Establish a personal scholarship (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia). Early removal of a previously imposed disciplinary sanction	outfit for ensuring the security of the unit (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia). To deprive the next dismissal from the location of an educational organization (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia). Expel from an educational organization (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia)
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.

	Deputy Ministers of Internal Affairs of the Russian Federation	In relation to employees holding positions, appointment to which is carried out by the corresponding Deputy Ministers of Internal Affairs of the Russian Federation, employees of bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, responsibility for whose activities lies with the corresponding Deputy Ministers of Internal Affairs of the Russian Federation, employees performing official duties in certain areas of activity , the leadership of which is organized by the relevant Deputy Ministers of Internal Affairs of the Russian Federation
		Express gratitude. Reward with a valuable gift.	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted to dismiss employees from service in the internal affairs bodies, as well as subordinate employees who have the special ranks of police colonel, colonel of the internal service, colonel of justice or special ranks of senior management and appointed to positions by Deputy Minister of Internal Affairs of the Russian Federation, and their subordinate managers (chiefs). Dismiss from service in internal affairs bodies (within the limits of the granted rights to dismiss employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding the special rank of police colonel, colonel of the internal service, colonel of justice or special ranks of senior command and appointed to positions by the Deputy Minister of Internal Affairs of the Russian Federation, their subordinate managers (chiefs), subject to subsequent publications in the prescribed manner of orders of the Ministry of Internal Affairs of Russia on personnel)
	Head of the Main Directorate of the Ministry of Internal Affairs of Russia for	Regarding employees of the Main Directorate of the Ministry of Internal Affairs of Russia for the North Caucasus Federal District
	North Caucasus Federal District	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift.	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance.
		Enter the employee's name in the Book of Honor or on the Honor Board of the Main Directorate of the Ministry of Internal Affairs of Russia for the North Caucasus Federal District. Award departmental awards (within competence). Remove a previously imposed disciplinary sanction early (within competence)	Transfer to a lower position (within the limits of the rights granted to dismiss employees from service in the internal affairs bodies, as well as subordinate employees who have the special ranks of police colonel, internal service colonel, justice colonel or special ranks of senior command and appointed to positions by the head of the Main Directorate of the Ministry of Internal Affairs Russia in the North Caucasian Federal District, its subordinate leaders (chiefs). Dismiss from service in internal affairs bodies (within the limits of the granted rights to dismiss employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding the special rank of police colonel, colonel of the internal service, colonel of justice or special ranks of senior command and appointed to positions by the head of the Main Directorate of the Ministry of Internal Affairs of Russia for the North Caucasian Federal District, its subordinate managers (chiefs), subject to subsequent publications in the prescribed manner of orders of the Ministry of Internal Affairs of Russia on personnel)
		In relation to employees of the joint group of troops (forces) for conducting counter-terrorism operations in the territory of the North Caucasus region of the Russian Federation, other temporary formations of the Ministry of Internal Affairs of Russia, as well as coordinated bodies and units	In relation to employees (with the exception of employees filling positions, the appointment and dismissal of which are carried out by the President of the Russian Federation) of the joint group of troops (forces) for conducting counter-terrorism operations in the territory of the North Caucasus region of the Russian Federation, other temporary formations of the Ministry of Internal Affairs of Russia
		Express gratitude. Pay a cash bonus. Reward with a valuable gift. Award a Certificate of Honor from the Main Directorate of the Ministry of Internal Affairs of Russia for the North Caucasus Federal District. Award departmental awards (within competence). Remove a previously imposed disciplinary sanction early (within competence)	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance
	Heads of divisions of the central apparatus of the Ministry of Internal Affairs of Russia	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Award a diploma of honor to a unit of the central apparatus of the Ministry of Internal Affairs of Russia. Enter the employee's name in the book of honor or on the honor board of a unit of the central apparatus of the Ministry of Internal Affairs of Russia. Award departmental awards (within competence). Remove a previously imposed disciplinary sanction early (within competence)	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted to dismiss employees from service in the internal affairs bodies, as well as subordinate employees who have the special ranks of police colonel, internal service colonel, justice colonel or special ranks of senior management and appointed to positions by heads of departments of the central apparatus Ministry of Internal Affairs of Russia). Dismiss from service in internal affairs bodies (within the limits of the granted rights to dismiss employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding the special rank of police colonel, colonel of internal service, colonel of justice or special ranks of senior command and appointed to positions by heads of units of the central apparatus of the Ministry of Internal Affairs of Russia, subject to subsequent publications in the prescribed manner of orders of the Ministry of Internal Affairs of Russia on personnel)
	Heads (chiefs) of territorial bodies of the Ministry of Internal Affairs of Russia at the district, interregional, regional and district levels (with the exception of those subordinate to the territorial bodies of the Ministry of Internal Affairs of Russia) levels	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Award departmental awards (within competence). Confer the next special rank ahead of schedule (within competence). Assign the next special rank one step higher than the special rank provided for the position being replaced (within the scope of competence). Remove a previously imposed disciplinary sanction early (within competence)	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted to dismiss employees from service in the internal affairs bodies, as well as subordinate employees who have the special ranks of police colonel, colonel of the internal service, colonel of justice or special ranks of senior management and appointed to positions by managers (supervisors) territorial bodies of the Ministry of Internal Affairs of Russia at the district, interregional, regional and district (with the exception of those subordinate to the territorial bodies of the Ministry of Internal Affairs of Russia) levels, and managers (chiefs) subordinate to them. Dismissal from service in the authorities
			internal affairs (within granted rights to dismiss employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding the special ranks of police colonel, colonel of internal service, colonel of justice or special ranks of the highest commanding staff and those appointed to positions by heads (chiefs) of territorial bodies of the Ministry of Internal Affairs of Russia at the district, interregional, regional and district (with the exception of those subordinate to territorial bodies of the Ministry of Internal Affairs of Russia) levels, by heads (chiefs) subordinate to them, subject to subsequent publications in the prescribed manner of orders of the Ministry of Internal Affairs of Russia by personnel)
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.
	Heads (chiefs) of educational organizations of the Ministry of Internal Affairs of Russia	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Award a diploma of honor to an educational organization of the Russian Ministry of Internal Affairs system. Enter the employee's name in the book of honor or on the honor board of the educational organization of the Ministry of Internal Affairs of Russia. Award departmental awards (within competence). Confer the next special rank ahead of schedule (within competence). Assign the next special rank one step higher than the special rank provided for the position being replaced (within the scope of competence).	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within granted rights to dismiss employees from service in internal affairs bodies, as well as subordinate employees holding special ranks of police colonel, colonel of internal service, colonel of justice or special ranks of senior management and appointed to positions by heads (chiefs) of educational organizations of the Ministry of Internal Affairs of Russia, managers (chiefs) subordinate to them. Dismiss from service in internal affairs bodies (within the limits of the rights granted under
		Provide extraordinary dismissal from an educational organization of the Russian Ministry of Internal Affairs system (in relation to cadets and students of educational organizations of the Russian Ministry of Internal Affairs system). Remove a previously imposed disciplinary sanction early (within competence)	dismissal of employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding special ranks of police colonel, colonel of internal service, colonel of justice or special ranks of senior management and appointed to positions by heads (chiefs) of educational organizations of the Ministry of Internal Affairs of Russia, managers (chiefs) subordinate to them, subject to subsequent publications in the prescribed manner of orders of the Ministry of Internal Affairs of Russia on personnel).
			Appointment out of turn to a squad, with the exception of appointment to a squad to ensure the security of a unit (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia). To deprive another dismissal from an educational organization of the Russian Ministry of Internal Affairs system (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia). Expel from the educational organization of the Russian Ministry of Internal Affairs system (in relation to cadets and students of educational organizations of the Ministry of Internal Affairs of Russia)
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.
	Heads (chiefs) of scientific, medical-sanitary and sanatorium-resort organizations of the Russian Ministry of Internal Affairs system, district logistics departments of the Russian Ministry of Internal Affairs system, as well as other organizations and divisions created to carry out the tasks and exercise the powers assigned to the internal affairs bodies	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Award a certificate of honor to the organization of the Russian Ministry of Internal Affairs system. Enter the employee's name in the book of honor or on the honor board of the organization of the Ministry of Internal Affairs of Russia. Award departmental awards (within competence). Confer the next special rank ahead of schedule (within competence). Assign the next special rank one step higher than the special rank provided for the position being replaced (within the scope of competence).	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted to dismiss employees from service in the internal affairs bodies, as well as subordinate employees who have the special ranks of police colonel, colonel of the internal service, colonel of justice or special ranks of senior management and appointed to positions by managers (supervisors) organizations of the Russian Ministry of Internal Affairs system, and their subordinate managers (chiefs). Dismissal from service in the authorities
		Remove a previously imposed disciplinary sanction early (within competence)	internal affairs (within granted rights to dismiss employees from service in internal affairs bodies, as well as issue orders to impose disciplinary sanctions in the form of dismissal from service in internal affairs bodies in relation to subordinate employees holding the special ranks of police colonel, colonel of internal service, colonel of justice or special ranks of the highest commanding personnel and those appointed to positions by managers (chiefs) of organizations of the Russian Ministry of Internal Affairs system, their subordinate managers (chiefs), subject to subsequent publications in the prescribed manner of orders of the Russian Ministry of Internal Affairs regarding personnel)
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.

	Heads (chiefs) of territorial bodies of the Ministry of Internal Affairs of Russia at the district level (with the exception of subordinates of the Ministry of Internal Affairs of Russia)	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Award a certificate of honor from the territorial body of the Ministry of Internal Affairs of Russia. Enter the employee's name in the book of honor or on the honor board of the territorial body of the Ministry of Internal Affairs of Russia. Remove a previously imposed disciplinary sanction early (within competence)	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted for dismissal from service in the internal affairs bodies).
(Clause as amended, put into effect on September 23, 2014 by order of the Ministry of Internal Affairs of Russia dated July 2, 2014 N 559.
	Heads (chiefs) of structural divisions of territorial bodies of the Ministry of Internal Affairs of Russia, organizations of the Ministry of Internal Affairs of Russia system, who have the right of appointment to positions	Express gratitude. Pay a cash bonus (within competence). Reward with a valuable gift. Remove a previously imposed disciplinary sanction early (within competence)	Announce a remark. Reprimand. Give a severe reprimand. Warn about incomplete official compliance. Transfer to a lower position (within the limits of the rights granted for dismissal from service in the internal affairs bodies). Dismiss from service in internal affairs bodies (within the limits of the rights granted for dismissal from service in internal affairs bodies)
	Other managers (chiefs) of all levels		Announce a remark (orally). Reprimand (verbally)

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Approved

By Presidential Decree

Russian Federation

DISCIPLINARY CHARTER

OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

Chapter 1. General provisions

1. This Charter is binding on employees of the internal affairs bodies of the Russian Federation (hereinafter referred to as employees).

2. This Charter defines:

a) the essence of service discipline in the internal affairs bodies of the Russian Federation (hereinafter referred to as the internal affairs bodies);

b) the duties of employees to comply with and maintain official discipline;

c) duties and rights of managers (supervisors) to maintain official discipline;

d) mandatory execution of orders and instructions of the manager (supervisor);

e) the procedure for applying incentive measures;

f) the procedure for imposing and executing disciplinary sanctions;

g) the procedure for recording incentive measures and disciplinary sanctions;

h) the procedure for appealing disciplinary sanctions.

3. Service discipline in the internal affairs bodies - compliance by the employee with those established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, this Charter, the contract, as well as orders and instructions of the Minister of Internal Affairs of the Russian Federation, orders and instructions of direct and immediate superiors (supervisors) the procedure and rules for performing official duties and exercising the rights granted to the employee.

4. Service discipline in internal affairs bodies is ensured by:

a) the personal responsibility of each employee for the performance of his official duties;

b) the employee’s compliance with the procedure and rules for performing official duties and exercising the rights granted to him, the internal official regulations of the internal affairs body (unit), the terms of the contract concluded with the employee on service in the internal affairs bodies, the rules for wearing uniforms;

c) strict execution by the employee of the orders and instructions of the manager (supervisor), given in the prescribed manner and not contradicting federal laws;

d) compliance with the requirements for official behavior employees;

e) maintaining by the employee the level of qualifications necessary to perform official duties;

f) educating employees, developing in them high personal and business qualities, a conscientious attitude to the performance of official duties;

g) the responsibility of the manager (supervisor) for the state of official discipline among subordinates;

h) implementation of day-to-day control by direct and immediate managers (supervisors) over the performance of official duties by subordinates;

i) justified application by managers (supervisors) of incentive measures and disciplinary sanctions in relation to subordinates;

j) respect by the leader (boss) for the honor and dignity of subordinates.

Chapter 2. Responsibilities of an employee to comply with and maintain official discipline

5. The employee is obliged:

a) know and comply with basic and official duties, the procedure and rules for performing official duties and exercising the rights granted to him;

b) carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contradicting federal laws;

c) comply with the requirements for official conduct;

d) maintain subordination;

e) show respect to all employees, regardless of their official position and place of duty;

f) assist the manager (supervisor) in maintaining official discipline;

g) not to disclose information constituting state or other secrets protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;

h) comply with restrictions, obligations and prohibitions, requirements to prevent or resolve conflicts of interest and fulfill the duties established for the purpose of combating corruption by Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments” in certain legislative acts of the Russian Federation", Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" and other federal laws.

6. Employees who are senior in subordination are in all cases obliged to demand from junior employees that they comply with official discipline, the requirements for official behavior, and the rules for wearing uniforms.

Chapter 3. Responsibilities of the manager (chief) in maintaining official discipline

7. In order to maintain official discipline, the manager (supervisor) is obliged to:

a) ensure compliance by subordinate employees with the legislation of the Russian Federation and official discipline;

b) clearly give orders and instructions to subordinates, check the accuracy and timeliness of their execution;

c) comply with the established procedures and conditions of service in the internal affairs bodies, respect the honor and dignity of subordinates, and prevent infringement of their legitimate rights and interests, protectionism, and persecution of employees for personal reasons;

d) take measures to combat corruption;

e) know and analyze the state of service discipline, the moral and psychological climate in the subordinate internal affairs body (unit), take timely measures to prevent violations of service discipline by employees;

e) comprehensively study personal and business qualities subordinates;

g) create the necessary conditions for service, recreation and advanced training of subordinates, professional service and physical training;

h) ensure transparency and objectivity in assessing the performance of subordinates;

i) instill in subordinates a sense of responsibility for the performance of official duties;

j) set a personal example of discipline and exemplary performance of official duties;

k) take measures to identify, suppress and prevent violations of official discipline by employees, as well as the reasons and conditions for their commission.

8. Disciplinary rights granted to managers (supervisors) are determined by the Minister of Internal Affairs of the Russian Federation. The manager (chief), when temporarily performing the duties of his position, enjoys disciplinary rights for this position.

9. The manager (chief) bears personal responsibility for maintaining official discipline in the internal affairs body (unit) entrusted to him.

Chapter 4. Mandatory execution of the order of the manager (boss)

10. Order of the manager (boss) - an official requirement of the manager (boss), addressed to subordinate employees, about the mandatory performance of certain actions, about compliance with rules or about the establishment of order, regulation.

11. The order must comply with federal laws and orders of senior managers (supervisors).

12. An order given by a manager (boss) is mandatory for execution by subordinates, with the exception of a obviously illegal order. When receiving an order that is clearly contrary to the law, the employee is obliged to follow the law. In this case, the employee is obliged to notify the manager (supervisor) who gave the obviously illegal order, or a superior manager (supervisor) about the failure to comply with the illegal order.

13. An order can be given in written or oral form, including through the use of technical means of communication, to one subordinate or a group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command.

14. The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor).

15. When giving an order, the manager (boss) must not allow the abuse of official powers or their excess.

16. The manager (supervisor) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, clearly and concisely, without using language that is subject to different interpretations.

17. The manager (chief), before giving an order, is obliged to comprehensively assess the situation and take measures to ensure its execution.

18. Orders are given in order of subordination. If necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor).

19. The order of the manager (boss), with the exception of one that is clearly contrary to the law, must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. If it is impossible to execute an order, the employee must immediately notify the manager (supervisor) who issued the order.

20. The manager (boss), in order to ensure the correct understanding of the order given by him, may require its repetition, and the subordinate who received the order may turn to the manager (boss) with a request to repeat it.

21. Having executed the order, the subordinate, if he does not agree with the order, can appeal it.

22. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order, and (or) to his immediate supervisor (supervisor).

23. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by law Russian Federation.

24. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution.

25. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order.

26. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order.

Chapter 5. Incentive measures and the procedure for their application

27. For the conscientious performance of official duties, achievement of high results in official activities, as well as for the successful completion of tasks of increased complexity, the following incentive measures are applied to the employee:

a) declaration of gratitude;

b) payment of a cash bonus;

c) rewarding with a valuable gift;

d) awarding a diploma of honor from the Ministry of Internal Affairs of the Russian Federation, its territorial body or division;

e) entering the employee’s name in the book of honor or on the honor board of the Ministry of Internal Affairs of the Russian Federation, its territorial body or unit;

f) awarding departmental awards;

g) early assignment of the next special rank;

h) assignment of the next special rank one step higher than the special rank provided for the position being filled in the internal affairs bodies;

i) awarding with firearms or bladed weapons.

28. Early removal of a disciplinary sanction previously imposed on an employee may be used as an incentive measure.

29. B educational institutions higher professional education of the Ministry of Internal Affairs of the Russian Federation in relation to a cadet, listener, along with the incentive measures provided for in Articles 27 and 28 of this Charter, the following incentive measures may also be applied:

a) granting extraordinary dismissal from the location of the educational institution;

b) establishment of a personal scholarship.

30. In cases where, in the opinion of the manager (boss), it is necessary to apply incentive measures, the application of which goes beyond the scope of his disciplinary rights, he petitions for this to a superior manager (boss).

31. Incentive measures are announced by orders of the manager (boss) and communicated to the employee personally, before the formation or at a meeting (meeting). If a promotion is announced to an employee personally, the contents of the corresponding order are communicated to all personnel.

32. The incentive measures provided for in Articles 27 - 29 of this Charter are applied in the manner established by the Minister of Internal Affairs of the Russian Federation. Nomination of employees for special ranks ahead of schedule or one step higher than the special rank provided for the position being filled in the internal affairs bodies, for state awards of the Russian Federation, for encouragement by the President of the Russian Federation, the Government of the Russian Federation is carried out in the manner established by the legislation of the Russian Federation.

Chapter 6. Disciplinary sanctions, the procedure for their imposition and execution

33. The following disciplinary sanctions may be imposed on employees:

a) remark;

b) reprimand;

c) severe reprimand;

d) warning about incomplete official compliance;

e) transfer to a lower position in the internal affairs bodies;

f) dismissal from service in internal affairs bodies.

34. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following disciplinary sanctions may be imposed on cadets and students, along with the disciplinary sanctions provided for in Article 33 of this Charter:

a) appointment out of turn to a unit (with the exception of appointment to a unit security unit);

b) deprivation of the next dismissal from the location of the educational institution;

c) expulsion from an educational institution.

35. It is not allowed to impose disciplinary sanctions on employees that are not provided for in Articles 33 and 34 of this Charter.

36. Disciplinary sanctions are announced by orders. A reprimand and reprimand may be announced publicly orally.

37. The basis for imposing a disciplinary sanction on an employee is his violation of official discipline, unless otherwise provided by Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” and other federal laws. Before a disciplinary sanction is imposed, a written explanation must be required from the employee being disciplined. If the employee refuses to give such an explanation, a corresponding report is drawn up.

38. If a subordinate violates official discipline, the manager (supervisor) is obliged to warn him about the inadmissibility of such actions (inaction), and, if necessary, depending on the severity of the offense committed and the degree of guilt, impose a disciplinary sanction.

39. An employee is subject to disciplinary liability only for that violation of official discipline for which his guilt has been established.

40. Disciplinary action must correspond to the severity of the offense committed and the degree of guilt. When determining the type of disciplinary sanction, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude towards the service, knowledge of the rules of service and other circumstances. If the disciplinary offense committed is of minor significance, the manager (supervisor) may release the employee from disciplinary liability and limit himself to a verbal warning.

41. In cases where, in the opinion of the manager (supervisor), it is necessary to impose a disciplinary sanction on an employee, the imposition of which goes beyond the scope of his rights, he applies for this to a superior manager (supervisor).

42. A petition to impose a disciplinary sanction on an employee, the imposition of which goes beyond the rights of the manager (supervisor), by a superior manager (supervisor) must be implemented within three days.

43. If the request is refused, it must be, together with materials confirming the fact of violation of official discipline, returned to the manager (supervisor) who submitted it within a period that gives him the opportunity to impose a disciplinary sanction on the employee in accordance with his rights.

44. A superior manager (boss) has the right to change or cancel a disciplinary sanction imposed by a subordinate manager (boss) if it does not correspond to the gravity of the disciplinary offense committed by the employee.

45. In the event of a joint violation of official discipline by several employees, disciplinary sanctions are imposed on each employee separately and only for the violation committed by him.

46. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, a cadet or student may be assigned out of turn to no more than one outfit.

47. A repeated violation of official discipline is a violation of official discipline by an employee when he has an outstanding disciplinary sanction imposed in writing.

48. The imposition of disciplinary sanctions for offenses committed during duty, service at posts and routes is carried out only after the culprit has been replaced from duty, guard, post, patrol area or after his replacement by another employee.

49. If an employee is brought to disciplinary liability for being on duty in a state of alcohol, narcotic and (or) other toxic intoxication, to confirm the fact that the employee is in a state of intoxication, it is necessary to be guided by the results of a medical examination, and if the employee refuses to be examined, by testimony of at least two employees or other persons. Receiving any explanations from the employee until he has sobered up is not allowed.

50. An employee who has committed a gross violation of official discipline, regardless of the presence or absence of disciplinary sanctions, may be subject to any disciplinary action up to and including dismissal from service in the internal affairs bodies.

51. Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied in the event of a gross or repeated violation by an employee of official discipline in the presence of a disciplinary sanction imposed on him in writing.

52. If an employee appeals a disciplinary sanction to higher managers (supervisors) or to the court, the execution of the disciplinary sanction is not suspended.

53. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is valid for one year from the date of its imposition, and a disciplinary sanction announced publicly orally is valid for one month from the date of its imposition. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is considered to be lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or from the moment of issuing an order for reward in the form of early removal previously imposed penalty.

54. A disciplinary sanction on an employee is imposed by the direct supervisor (supervisor) within the limits of the rights granted to him by the Minister of Internal Affairs of the Russian Federation, with the exception of transfer to a lower position in the internal affairs bodies and dismissal from service in the internal affairs bodies of an employee holding a position in the internal affairs bodies , appointment to and release from which are carried out by the President of the Russian Federation. The Minister of Internal Affairs of the Russian Federation is obliged to inform the President of the Russian Federation about the imposition of a disciplinary sanction on an employee holding a position in the internal affairs bodies, the appointment and dismissal of which is carried out by the President of the Russian Federation.

Chapter 7. Accounting for incentives and disciplinary sanctions

55. Incentive measures and disciplinary sanctions, with the exception of those announced orally, are subject to recording, information about them is entered into the employee’s personal file.

56. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.

Chapter 8. Procedure for appealing disciplinary sanctions

57. An employee or citizen who previously served in internal affairs bodies has the right to appeal the disciplinary sanction imposed on him. He may submit a report (application) to the Minister of Internal Affairs of the Russian Federation or an authorized manager within three months from the date of familiarization with the order imposing a disciplinary sanction on him, and on issues of dismissal - within a month from the date of delivery of a copy of the dismissal order. The report (application) is subject to mandatory registration on the day of its submission and is considered by the above-mentioned managers within one month. An appeal against an order to impose a disciplinary sanction does not suspend its execution.

1.1. To an employee of internal affairs bodies who has a disciplinary sanction imposed on him in writing by order of the head federal body executive power in the field of internal affairs or an authorized manager, an incentive measure can only be applied in the form of early lifting of a disciplinary sanction previously imposed in writing.

2. For employees of internal affairs bodies holding positions in internal affairs bodies, appointment to and dismissal from which are carried out by the President of the Russian Federation, incentive measures provided for in paragraphs 1 - and 9 of part 1 and part 2 of Article 48 of this Federal Law may be applied by the head federal executive body in the field of internal affairs and (or) an authorized manager.

3. Disciplinary sanctions on an employee of internal affairs bodies are imposed by direct managers (supervisors) within the limits of the rights granted to them by the head of the federal executive body in the field of internal affairs, with the exception of transfer to a lower position in the internal affairs bodies and dismissal from service in the internal affairs bodies of the employee holding a position in the internal affairs bodies, appointment to and dismissal from which is carried out by the President of the Russian Federation. The head of the federal executive body in the field of internal affairs is obliged to inform the President of the Russian Federation about the imposition of a disciplinary sanction on an employee holding a position in the internal affairs bodies, the appointment and dismissal of which is carried out by the President of the Russian Federation.

4. The right to impose a disciplinary sanction granted to a subordinate manager (supervisor) also has the direct manager (supervisor). If it is necessary to impose a disciplinary sanction on an employee of the internal affairs bodies that the relevant manager (supervisor) does not have the right to impose, he petitions for the imposition of this disciplinary sanction before a superior manager (superior).

5. A superior manager (chief) has the right to change the disciplinary sanction imposed by a subordinate manager (chief) if it does not correspond to the gravity of the disciplinary offense committed by an employee of the internal affairs bodies.

6. A disciplinary sanction must be imposed no later than two weeks from the day when the direct manager (supervisor) or immediate supervisor (supervisor) became aware of the commission of a disciplinary offense by an employee of the internal affairs bodies, and in the case of an internal audit or initiation of a criminal case - no later than one month from the date of approval of the conclusion based on the results of an internal audit or the adoption of a final decision in a criminal case. The specified periods do not include periods of temporary incapacity for work of the employee, being on vacation or on a business trip.

7. A disciplinary sanction cannot be imposed on an employee of internal affairs bodies after six months from the date of commission of a disciplinary offense, and based on the results of an audit or inspection of financial and economic activities - after two years from the date of commission of a disciplinary offense. The specified periods do not include periods of temporary incapacity for work of the employee, being on vacation or on a business trip, as well as the time of criminal proceedings.

8. Before imposing a disciplinary sanction, an explanation in writing must be required from the internal affairs officer who is being held accountable. If the employee refuses to give such an explanation, a corresponding report is drawn up. Before imposing a disciplinary sanction, by decision of the head of the federal executive body in the field of internal affairs or an authorized head in accordance with Article 52 of this Federal Law, an internal audit may be carried out.

9. An order from the head of the federal executive body in the field of internal affairs or an authorized head is issued to impose a disciplinary sanction on an employee of the internal affairs bodies. A disciplinary sanction in the form of a reprimand or reprimand may be announced publicly orally. If an employee is temporarily incapacitated, or is on vacation or on a business trip, an order to impose a disciplinary sanction on him is issued after he has recovered, returned from vacation, or returned from a business trip. An employee is considered to be subject to disciplinary liability from the day an order is issued to impose a disciplinary sanction on him or from the day a reprimand or reprimand is publicly announced to him orally.

10. The order imposing a disciplinary sanction on an employee of the internal affairs bodies indicates other employees to whose attention this order must be brought to the attention.

11. The authorized manager is obliged to inform the employee of the internal affairs bodies, against receipt, within three working days of the order to impose a disciplinary sanction on him. The specified period does not include periods of temporary incapacity for work of the employee, his being on vacation or on a business trip, as well as the time required for the employee to arrive at the place of familiarization with the order imposing a disciplinary sanction on him or to deliver the specified order to the employee’s place of duty.

12. An act signed by authorized officials is drawn up regarding the refusal or evasion of an employee of the internal affairs bodies to familiarize himself with the order imposing a disciplinary sanction on him.

13. Incentive measures applied to an employee of internal affairs bodies and disciplinary sanctions imposed on him in writing are entered into the employee’s personal file. Incentive measures and disciplinary sanctions are taken into account separately.

14. A disciplinary sanction imposed on an employee of internal affairs bodies by order of the head of the federal executive body in the field of internal affairs or an authorized head is considered lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or the day of issuance of the order for incentives in the form of early lifting of a disciplinary sanction previously imposed on the employee. A disciplinary sanction announced publicly orally is considered lifted after one month from the date of its imposition.