CC BY
5
"residual" principle.
Bibliography
1. Bjudzhetnyj kodeks Rossijskoj Federacii ot 31.07.1998 N 145-FZ (prinjat GD FS RF 17.07.1998) (red. ot 29.11.2010, s izm. Ot 28.12.2010).
2. Hramova T.V. Prioritety provedenija reform v regionah / T.V. Hramova // Finansy. - 2011. - №12.
3. Butova T.V. Interaction of civil society with government authorities. Bulletin of the University (State University of Management). 2013. №3. S. 119 - 128.
4. Kirillov L.G. Menedzhment dlja gorodskogo hozjajstva kak politicheskaja strategija upravlenija municipal'nym obrazovaniem. // «Chmovnik##.uapa.ru, Vypusk № 6'04 (34).
Dunaeva Anastasia Igorevna Financial University under the Government of the Russian Federation
Moscow, Russian Federation Udachin Nikita Olegovich Financial University under the Government of the Russian Federation
Moscow, Russian Federation
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 service, framework, legitimate interests.
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.[1]
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.
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 nonperformance 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.[2]
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.
For police officers, said the definition is unfortunately missing. The essence of a disciplinary offense in the work disclosed by examining its composition. Analyzes the elements of the offense: the object, the objective side, the subject and the subjective side. Serious misconduct in the police is an offense (act or omission) committed by violating the established order of behavior at work and outside it, for that may be inflicted one of the prescribed disciplinary action.[3]
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 essence of the pending disciplinary case is to resolve individual cases of misconduct. The purpose of this step is to solve the main problem of disciplinary proceedings - an objective consideration of the case and the establishment of guilt prosecuted in a disciplinary offense.
Upon review of the disciplinary case the subject of disciplinary authority shall take one of the following decisions:
a) does not involve face disciplinary action, limiting beliefs measures (reminder to the faithful execution of official duties), due to lack of evidence or of a misdemeanor, the lapse of time, already held by the findings of the disciplinary or public exposure for the same offense, or when there are other circumstances precluding production;
b) to bring disciplinary proceedings against the person using his power or an application for this before a superior.
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. Butova T.V. Interaction of civil society with government authorities. Bulletin of the University (State University of Management). 2013. №3. S. 119 - 128.
3. Artem'ev A.M. Zadachi i funkcii pravoohranitel'noj sluzhby // Vestnik Moskovskogo universiteta MVD Rossii. 2007. №5. S. 26-27.
4. Chikanova L.A. Primenenie trudovogo zakonodatel'stva k sluzhebnym otnoshenijam na gosudarstvennoj grazhdanskoj sluzhbe. - M., 2005. - 129 s.
