About certain problematic aspects related to the dismissal of employees of the internal affairs bodies from the service for committing a misdemeanor that discredits the honor
Автор: Belyaeva Elena Gennadievna
Статья в выпуске: 4 (95), 2020 года.
Introduction: this article has studied issues related to the dismissal of employees of internal affairs bodies from the service for committing a misdemeanor that defames honor. Based on the analysis of normative legal acts regulating the issues of police service, court decisions, materials of disciplinary practice in the period from 2015 to the expired period of 2020, the legal position of the courts and the available scientific literature in this area, certain problematic aspects in law enforcement related to the use of the specified grounds for dismissal are identified. It is established that the concept of misconduct discrediting the honor in the legislation of the Russian Federation is not disclosed, the list of situations that can be attributed to discrediting the honor of an employee is not defined. There are contradictions in judicial practice in terms of understanding whether a misdemeanor that defames honor is a violation of official discipline or is regarded as an independent type of dismissal. In addition, in a number of situations, double qualification of acts is possible: as a misdemeanor that discredits the honor of an employee and as a gross violation of official discipline or as an administrative offense. In order to resolve problematic and contradictory situations, as well as improve the legislation of the Russian Federation, ways to solve individual problems were proposed. Materials and Methods: the normative basis of the article includes the Constitution of the Russian Federation, current federal laws and other normative legal acts regulating various aspects of disciplinary responsibility of employees of internal affairs bodies, as well as disciplinary and judicial practice. The methodological basis is represented by the general dialectical method of scientific knowledge, methods of comparison, analysis, generalization and description. The Results of the Study: allowed us analyzing particularly the current practice of applying the described grounds for dismissal, identify problematic issues and suggest ways to solve them. Findings and Conclusions: the proposed add-on author will resolve emerging enforcement issues associated with the use of such grounds for dismissal as the Commission of the offense discrediting honor of the employee, reduce the discretion of officials in the classification of actions of employees of internal Affairs bodies, to reduce the share of satisfied claims and in General to lay the Foundation for further research aimed at improving the administrative-legal regulation of disciplinary responsibility of employees of internal affairs bodies.
Employee of the internal affairs bodies, disciplinary responsibility, service in the internal affairs bodies, disciplinary proceedings, misdemeanor, discrediting honor
Короткий адрес: https://readera.org/143173254
IDR: 143173254 | DOI: 10.24411/2312-3184-2020-10095