CC BY
87
УДК 341.78
A.I. Dunaeva
Student of the faculty of "State and municipal management" The Financial University under the Government of the Russian Federation, Moscow
DISCIPLINARY RESPONSIBILITY OF LAW ENFORCEMENT OFFICERS
Abstract.
State law enforcement service - a complex socio-legal institution, the study of which requires a comprehensive analysis of its social and legal framework. This institute is a system of legal rules governing public-service relationship, ie, rights, obligations, restrictions, prohibitions; stimulation, responsible employees, passing through state law enforcement officers, the order of occurrence and termination of the service relationship. There is clearly manifested an institutional character of public law enforcement service. Public service in the internal affairs - a kind of public service, which holds a special place in the mechanism of state power, has a specific means to strengthen law and order, fighting crime and delinquency, ensuring the rights and legitimate interests of citizens of the Russian Federation. Consequently, the public service in the internal affairs should be settled by the law, proven science and practice, and at the same time meet the needs of society.
Keywords:
public law, comprehensive analysis, public administration, disciplinary responsibility.
Began at the end of the last century-scale reforms in Russia and the subsequent change of the constitutional and other laws were made and the Civil Service of the Russian Federation. One of the main directions of its reform is to increase the efficiency of the public service of the Russian Federation and the impact of the professional performance of civil servants, in particular, should involve the specification of the legal status of civil servant, that is a clear legal consolidation of duties, powers, responsibilities and actions of public servants.
Civil servants are required to correlate their actions with the established rules of conduct in the service. Non-compliance should result in disciplinary, and where necessary, and administrative and criminal liability. With regard to the Ministry of Internal Affairs questions the prosecution of police officers at the moment are one of the hottest in the country, as is high time radical changes in the Ministry of Internal Affairs.
Among the types of legal liability disciplinary responsibility in the internal affairs has a special place, as the likelihood of disciplinary action to the members of the Interior is considerably higher than, for example, measures of administrative and criminal liability.[1]
Thus, the legal responsibility in public administration means that the subject of management, who are entrusted with the corresponding functions, undergoes adverse consequences for the acceptance of unlawful decisions, improper implementation of the tasks and functions. The functions of government is carried out directly state employees.
However, analysis of legislation and other normative legal acts establishing the activities of the executive authorities, showed that the modern mechanism of legal liability of civil servants is defined in them, with varying degrees of detail and not always uniformly resolved some of the issues of liability specified subjects in the field of public administration. If we talk about the officials, they often do not prosecuted, despite the fact that the offense took place, however, was limited to the head against the perpetrator only oral warning or conversation. This situation is quite possible, and we do not call for every little offense to prosecute. However, when the violation of laws and other normative legal acts on the part of a particular officer are regular or their consequences are very significant, the prosecution should be mandatory.[2]
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Based on analysis of the essential features of the civil service, the legal status of civil servant worded definition of discipline in the civil service, which is understood as the proper performance of civil servants of their duties to enforce the powers of state bodies in accordance with the service routine of the public authority, official regulations, federal laws , other normative legal acts, regulations of the state body, as well as mandatory compliance as a business, as well as during off-hours, established prohibitions and restrictions, requirements of official conduct.[3]
Disciplinary responsibility of law enforcement officers - a kind of legal liability, which is in charge of law enforcement officers who have committed a violation of the law and departmental normative legal acts of the procedures and rules of conduct, as in the office and while off duty in respect of which it is installed wines undergo adverse effects assigned to it by the direct or immediate superior in order to provide educational and preventive action.
The most contentious issue is the problem of the behavior of civil servants beyond the call of time where privacy begins a civil servant, protected by the constitution, and where the boundaries of official relations; whether the offenses committed by public officials after business hours, a disciplinary offense.
Disciplinary offense under state civil servant asked to understand the non-performance or improper performance of civil servants by his fault assigned to him duties, prohibitions and restrictions of individual as well as the requirements of official conduct as during the service, as well as outside it.
Actions in the field of public-service relations legislation does not contain a reference to the legal elements of a disciplinary offense. Under the proposed structure of the offense prescribed by the law to understand the totality of the elements that characterize the act as a disciplinary offense. Object infringement, the objective side, the subject and the subjective side to form part of a disciplinary offense.
Legal rules governing the disciplinary responsibility of police officers, do not contain a clear set of principles disciplined. Principles of disciplinary responsibility of police officers are reflected in normative legal acts mainly in "hidden form" in which their detection is possible only by analyzing the legislation governing a particular legal phenomenon. This "hidden" binding legal principles creates certain difficulties for the law enforcer.
The content of the stage of initiation of disciplinary proceedings is vested with disciplinary powers that officials at the facts of the alleged offense or excite the question of guilt or responsibility of establishing itself and its punishment. Disciplinary proceedings may be initiated either by the subject of disciplinary power in person or by his decree to hold office check or making a submission to a higher official.
The content of the execution stage of the decision include: bringing to the attention of the person who committed a disciplinary offense, the chosen disciplinary action and ensure its implementation; Accounting imposed sanctions; removal of the punishment.
Review of a decision of the disciplinary action is possible in the case of an appeal by the employee imposed on him or penalties as a result of supervisory activities and shall be intended to check the legality and validity of the imposed penalty on an employee, shall be punished in order to ensure their rights and legitimate interests.
In the normative legal acts of the disciplinary responsibility of police officers, as opposed to the legislation on criminal and administrative responsibility, there are no rules establishing the circumstances precluding the proceedings of the misconduct, and the circumstances mitigating and aggravating disciplinary action.
Bibliography
1. Nozdrachev A.F. Sluzhebnoe pravo (gosudarstvennaja grazhdanskaja sluzhba). - M., 2007. - 298 s.
2. Artem'ev A.M. Zadachi i funkcii pravoohranitel'noj sluzhby // Vestnik Moskovskogo universiteta MVD Rossii. 2007. №5. S. 26-27.
3. Chikanova L.A. Primenenie trudovogo zakonodatel'stva k sluzhebnym otnoshenijam na gosudarstvennoj grazhdanskoj sluzhbe. - M., 2005. - 129 s.
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4. Butova T.V., Anisimov A.A. Osobennosti sotrudnichestva vlasti i bankovskogo biznesa v gorode Moskve. Zhumal «Municipal'naja akademija», № 2, aprel', 2013.
© A.I. Dunaeva, 2015
УДК 351.453
A. I. Dunaeva
Student of the faculty of "State and municipal management" The Financial University under the Government of the Russian Federation, Moscow
STATE REGULATION OF THE HOUSING SECTOR Abstract.
Transformations carried out in Russia in the last decade have dramatically changed the face of the country, social development targets, made significant changes in the social structure of society. Radical reform is recognized to increase the standard of living of the population, mainly due to the movement towards a market economy of Western-style, were paired with a number of negative consequences, with the aggravation of social problems, including housing. Accommodation is one of the main bases of human existence, of his life. In order to lead a healthy lifestyle, to fully work, raise children, to acquire and update knowledge a person should have, first of all, housing, access to resources: social, economic, political, spiritual, etc., allowing him to lead a decent life. Excluding these factors, any reform, including housing, are doomed to failure. This, first of all, is due to the relevance of the chosen topic, its scientific and practical importance.
Keywords:
market relations, modernization of capital, management, municipal enterprises.
The need for state involvement in the reform process and ensure the functioning of the housing and utilities sector is determined by the fact that it is a sphere of life support Russian citizens, that is a factor that contributes to the national security. The state should be responsible to the citizens for the results of the reform.
In relation to the progress and results of the reform of housing policy role of management and governance in total public functions should be substantially reduced, while maintaining a sufficiently long period, the functions of control and supervision.
A higher degree of government regulation is targeted programming, t. E. A comprehensive general use various programs to address short-, medium- and long-term objectives. They determined the sequence of the tasks designated by the authorities responsible for the execution of these programs, indicate the sources of funding.[1]
In developing programs and implementing housing policy the Russian Federation should be beaten rate that takes into account international experience, especially because almost all countries with developed market economies actually implemented targeted programs of this kind. As a rule, responsible for the proper planning and targeted programming are public institutions that develop programs and monitor their implementation. Programming changes in housing allows the use of all means of state regulation, to avoid contradictions and inconsistencies activities of individual public bodies in the center and on the ground.
Meanwhile, practice in the housing sector has created a variety of housing as housing mixed ownership consisting in a joint or common ownership of various subjects of private, state, municipal property.
Some legal imbalances both existing legislation relating to the classification of housing funds to anything other than the legal confusion, in the wilds of which are able to deal only highly skilled professionals, can not lead. It complicates the practice of public authorities, especially regional and municipal levels.[2] Be legislative work to bring the housing legislation to the norms of the Civil Code, in order to belong, the order of ownership, use and disposal of housing consistent with the civil law.
