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

In accordance with current labor legislation, labor discipline is a mandatory standard of conduct for all employees of the enterprise. This provision is regulated, in addition to the Code, by collective agreements, agreements, and other regulations.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of the Labor Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of the Labor Code Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties. So, you have been reprimanded, and you, overcome with anger, are eager to restore justice and prove to everyone that you did not deserve this. The first question in such a situation is whether it can be challenged.

Appealing a disciplinary sanction of the Ministry of Internal Affairs

Among the existing legal acts it is unlikely to find another one that would regulate in such detail the procedure for imposing and executing disciplinary sanctions. This permission applies equally to newspapers, magazines, radio stations, TV channels, websites and Internet pages. The only condition for reprinting and retransmission is a link to the original source.

A disciplinary sanction imposed on an employee by order of the head of the internal affairs body is considered to be lifted after one year from the date of its imposition, if this employee has not been subjected to a new disciplinary sanction during this year. The author of the complaint notes that when making a decision, the court did not take into account that, according to paragraph 65 of the Manual, employees entering duty must be dressed in seasonally established uniforms, reflective equipment, have a neat appearance and serviceable equipment.

Conditions for disciplinary sanctions against civil servants

presence of disciplinary offenses on the part of a specific employee;
employee's fault;
the reasons and conditions in connection with which the civil servant took the corresponding action;
the nature and extent of damage caused due to a specific disciplinary offense;
the circumstances due to which the civil servant filed an application to conduct the relevant internal audit.

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Before a disciplinary sanction is carried out, an internal inspection must be carried out, and if within a year from the date of the previous disciplinary sanction the employee is not given a new disciplinary sanction, then in this case the previous one will be completely removed from him.

Statement of claim to appeal a disciplinary sanction

Statement of claim to appeal a disciplinary sanction. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: reprimand; rebuke; dismissal for appropriate reasons.

A disciplinary sanction cannot be imposed on an employee of the internal affairs bodies after six months from the date of commission of the disciplinary offense, and based on the results of an audit or inspection of financial and economic activities - after two years from the date of the commission of the 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.

The Ministry of Internal Affairs of the Russian Federation "Inzensky", approved by order of the Ministry of Internal Affairs of Russia for the Ulyanovsk region dated 07/01/2011 No. ***, has the right to impose disciplinary sanctions against the specified employee. An official dispute is considered by an authorized manager within one month from the date of submission of the report by an employee of the internal affairs bodies in accordance with the Procedure for considering an official dispute. The decision of the authorized manager on an official dispute may be appealed to the court within ten days from the date of delivery of a copy of the relevant decision to the employee of the internal authorities who applied to resolve the official dispute. An appeal against an order to impose a disciplinary sanction does not suspend its execution.

RULES for imposing disciplinary sanctions on civil servants

29. The basis for imposing a disciplinary sanction is the commission of a disciplinary offense by an administrative civil servant. 30. For committing a disciplinary offense by an authorized person, disciplinary sanctions provided for by the Law may be imposed on an administrative civil servant. 31. Disciplinary punishment must correspond to the severity of the disciplinary offense committed and the degree of guilt of the person who committed it. 32. When determining the type of disciplinary sanction, the following are taken into account: 1) the content and nature of the offense; 2) the circumstances under which the offense was committed (time, place, method and other circumstances of its commission), the guilt of the administrative civil servant; 3) the negative consequences that the offense committed or could entail; 4) the previous behavior of the person who committed it; 5) work experience in the relevant field of activity; 6) other circumstances characterizing the personality of the administrative civil servant. 33. When an administrative civil servant commits a disciplinary offense, a written explanation is required from him. 34. If an administrative civil servant commits a minor disciplinary offense, if in a written explanation he agrees with the fact that he committed this offense, then the authorized person has the right to impose a penalty in the form of a reprimand, reprimand or severe reprimand without conducting an official investigation. 35. If an administrative civil servant, in his written explanation, does not agree with the fact that he has committed an offense, then, by order of an authorized person, an official investigation must be conducted in accordance with the procedure determined by these Rules. 36. In case of refusal by administrative civil servants to give a written explanation, employees of the personnel management service (personnel service) or authorized officials shall draw up a corresponding act. The refusal of an administrative civil servant to give a written explanation cannot serve as an obstacle to conducting an official investigation. 37. Disciplinary sanctions in the form of demotion, warnings of incomplete performance and dismissal from a position are imposed in accordance with the recommendations of the Commission based on the results of an internal investigation. 38. If a disciplinary offense is committed by a person hired for the first time to an administrative public position, a written explanation is required from the mentor assigned to this person regarding the commission of the offense, which is brought to the attention of the members of the Commission at its meeting. 39. When an authorized person considers the recommendations and materials of the National Commission, Ethics Commission, Regional Personnel Commission or Ethics Council, internal investigations are not carried out. The authorized person makes a decision to impose a penalty within ten working days in accordance with the recommendation of the National Commission, Ethics Commission, Regional Personnel Commission or Ethics Council. The decision made is reported to the National Commission, Ethics Commission, Regional Personnel Commission or Ethics Council within three working days. 40. Disciplinary sanctions for an offense committed jointly by several civil servants are imposed on each employee individually. 41. For a disciplinary offense committed, only one disciplinary sanction is imposed. 42. Application of a disciplinary sanction to an administrative civil servant, if his actions involve other types of liability, does not relieve him from other types of liability provided for by the laws of the Republic of Kazakhstan.

43. An official investigation is the activity of collecting and verifying materials and information about a disciplinary offense by an administrative civil servant in order to fully, comprehensively and objectively clarify the circumstances of its commission. 44. The day of discovery of a disciplinary offense is considered the day when the official who has the right to appoint and dismiss an administrative civil servant (hereinafter referred to as the authorized person) became aware of the commission of an offense. 45. When imposing a disciplinary sanction, the requirements provided for in paragraphs 5, 6, 7 of Article 44 of the Law are taken into account. 46. Internal investigations are appointed by an act of an authorized person and are carried out by the personnel management service (personnel service) within no more than ten working days from the date of issuance of the act on conducting an official investigation. At the same time, the immediate supervisor of the administrative civil servant is involved in the official investigation, except in cases of a conflict of interest or consideration of their disciplinary liability within the framework of one disciplinary proceeding. If necessary, other civil servants are involved in conducting an internal investigation, and the internal investigation may be entrusted to other structural units with the involvement of an employee of the personnel management service (HR service). 47. Persons included in the Commission are not involved in the internal investigation. 48. Conducting official investigations without an act of an authorized person ordering such an investigation is not allowed. 49. Internal investigations are suspended for the period of: 1) temporary incapacity for work of an administrative civil servant; 2) the administrative civil servant is on vacation or on a business trip; 3) exemption of an administrative civil servant from performing his official duties for the duration of his performance of state or public duties; 4) the presence of an administrative civil servant in training, retraining, advanced training courses and internships; 5) appeals by administrative civil servants in court against acts of state bodies on the commission of a disciplinary offense. The official investigation is suspended and resumed by the decision of an authorized person. 50. Internal investigations into misconduct of administrative civil servants specified in paragraph 21 of these Rules are appointed by the decision of the chairman of the National Commission within the time frame and manner established by these Rules. The Chairman of the National Commission may entrust the conduct of an internal investigation to the relevant government body or official in accordance with their competence, including among the persons conducting the internal investigation a representative of the working body of the National Commission or an authorized body. 51. Internal investigations into misconduct of administrative civil servants specified in paragraph 22 of these Rules are appointed by the decision of the chairman of the Regional Personnel Commission within the time frame and in the manner established by these Rules. The Chairman of the Regional Personnel Commission may entrust the conduct of an internal investigation to the relevant government body or official in accordance with their competence, including among the persons conducting the internal investigation a representative of the working body of the Regional Personnel Commission. 52. Internal investigations into misconduct of administrative civil servants specified in paragraph 24 of these Rules are appointed by order of the head of the authorized body for civil service affairs and are carried out by officials of the authorized body for civil service affairs in the time frame and manner established by these Rules. If necessary, the authorized body for civil service affairs may entrust an internal investigation to the personnel management service (personnel service) of the state body itself with the participation of a representative of the authorized body for civil service affairs. 53. Internal investigations into misconduct of administrative civil servants specified in paragraph 25 of these Rules are appointed by the decision of the chairman of the Ethics Council and conducted by its working body in the manner established by these Rules, taking into account the specifics provided for by the legislation of the Republic of Kazakhstan in the field of public service. 54. Internal investigations into misconduct of administrative civil servants specified in paragraphs 21, 22 and 24 of these Rules may not be ordered if, in written explanations, the employees agree with the fact that they have committed an offense. In this case, materials regarding administrative civil servants, by decision of the chairman of the National Commission, the head of the authorized body for civil service affairs, the chairman of the Regional Personnel Commission, are sent to the official who has the right to appoint and dismiss from office, in order to impose disciplinary sanctions on the employees. 55. Information about the commission of a disciplinary offense by an administrative civil servant is: appeals from individuals and legal entities, materials from law enforcement and other government agencies, publications in the media, service notes or representations from the heads of structural divisions of state bodies in which the person who committed the disciplinary offense works, and other materials. Materials may contain information recorded both in writing and in other forms, including video materials. 56. During the internal investigation, the personnel management service (personnel service) or authorized officials comprehensively and completely collect all materials and information regarding the circumstances of the commission of a disciplinary offense and other grounds for the investigation, and submit materials with an appropriate reasoned conclusion for consideration by the Commission. 57. Before consideration of materials about a disciplinary offense by the National Commission, the Ethics Commission, the Regional Personnel Commission, the Ethics Council or the Commission, a written explanation is required from the employee against whom an internal investigation is being conducted, the personnel management service (personnel service) or authorized officials. 58. The refusal of an administrative civil servant against whom an internal investigation is being conducted to give a written explanation cannot serve as an obstacle to sending the materials of the internal investigation for consideration by the National Commission, the Ethics Commission, the Regional Personnel Commission, the Ethics Council, the Commission and making a decision on imposing a penalty. . In this case, an employee of the personnel management service (HR service) or authorized officials in a free form draws up an act of refusal to give a written explanation. 59. If an administrative civil servant, in respect of whom disciplinary liability is being considered, refuses to confirm with his signature familiarization with the materials of the internal investigation, employees of the personnel management service (HR service) or authorized officials draw up a corresponding act.

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Appealing a disciplinary sanction from the police

Federal legislation may provide for other types of disciplinary penalties. The employer does not have the right to expand the established grounds, including by issuing local regulations. One of the most common types of non-compliance with this requirement is the introduction of certain financial penalties that are imposed on an employee if he commits an offense. There are no exceptions or restrictions for the exercise of this right. If you have been given an unfair reprimand, in your opinion, feel free to write a complaint and defend your rights.

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This section will be filled with reviews and generalizations of judicial practice in various categories of civil, criminal cases, and cases of administrative offenses heard in the regional courts.

Attention: after a reprimand is announced, you can appeal it within the first three months! This period is calculated from the day when you received a written order of reprimand for review. Any individual in an employment relationship must not only fulfill his obligations to the employer, but also comply with the basic provisions of labor discipline established in the organization.

The court invited the Department of the Ministry of Internal Affairs of Russia for the Ulyanovsk Region to participate in the case as a co-defendant. Federal laws, charters and regulations on discipline (part five of Article 189 of the Labor Code) may also provide for other disciplinary sanctions for certain categories of employees.

What is the validity period of a disciplinary sanction?

As soon as the penalty is lifted (either automatically or early), it is no longer possible to apply the consequences of a repeated violation of labor discipline. But this does not mean that the employer should always turn a blind eye to previous violations - this may well be taken into account when choosing the type of penalty. For example, instead of a verbal reprimand, the employee may be reprimanded. However, this is a subjective approach that does not meet the requirements of the law, and, accordingly, can be challenged if the employer does not voice other reasons for his choice. While a disciplinary sanction is in effect, the commission of a new violation by an employee entails more severe consequences for him. For example, clause 5, part 1, art. 81 of the Labor Code of the Russian Federation considers failure to fulfill his duties to be one of the sufficient grounds for dismissal of an employee, provided that he has a valid disciplinary sanction. True, only the employer decides whether to apply more stringent measures to an employee who already has a valid penalty. He can exercise this right - and then, following the reprimand, the employee can be fired, or he can give the employee another chance by issuing a second reprimand. The validity period of the reprimand in this case will be counted from the moment the last penalty was announced.

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Service in internal affairs bodies is a special type of public service, aimed at realizing public interests, which predetermines that employees serving in these bodies have a special legal status. The procedure for conducting certification is defined in Section 9 of the Instructions 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 the Russian Federation dated December 14, 1999 No. 1038. The court found that by order of the Head of the Main Internal Affairs Directorate for the Irkutsk Region dated (... date...) No. ... . l/s Imsyrova E.M. appointed to the position... Department of Internal Affairs for the Olkhon district from (...date...). Based on the order of the Head of the Department of Internal Affairs for the Olkhon District of the Main Directorate of the Ministry of Internal Affairs of Russia for the Irkutsk Region dated (... date...) No. ....

You can file a complaint against a reprimand:

to the labor inspectorate;
to a special commission created by management to resolve the dispute;
finally to court.

In the application, he must indicate the reason for imposing the penalty, as well as provide arguments based on which the employee considers such punishment to be unfair.

The procedure for imposing disciplinary sanctions on police officers for

4 In accordance with Article 50.1 of the Federal Law from the Federal Law, for non-compliance by an employee of internal affairs bodies with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and failure to fulfill duties established for the purpose of combating corruption, the penalties provided for in Part 1 of Article 50 of the Federal Law from the Federal Law are imposed : 1) remark; 2) reprimand; 3) severe reprimand; 4) warning about incomplete official compliance; 5) transfer to a lower position in the internal affairs bodies; 6) dismissal from service in internal affairs bodies. In addition, Art. Article 82.1 of the Federal Law from the Federal Law provides for punishment in the form of dismissal due to loss of confidence.

9 An employee of the group for the prevention of corruption and other offenses during an inspection has the right to: (clause 15 of the Inspection Regulations) conduct a conversation with the employee; study the information provided by the employee on income, property and property-related liabilities and additional materials; receive explanations from employees regarding the information provided to them about income, property and property-related obligations and materials; send, in the prescribed manner, requests to the prosecutor's office of the Russian Federation, federal, territorial state bodies, local government bodies, etc. make inquiries from individuals and receive information from them with their consent; analyze the information provided by the employee.

Is it worth appealing a disciplinary sanction?

In order for the complaint to bear the desired fruit and the reprimand to be cancelled, you must draft it correctly, not miss the deadline for filing, and be ready to prove your claims. The procedure for applying incentive measures to employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated May 6, 2013.

All materials on the website of the Ministry of Internal Affairs of the Russian Federation can be reproduced in any media, on Internet servers or on any other media without any restrictions on the volume and timing of publication. Oblige the intermunicipal department of the Ministry of Internal Affairs of Russia “Inzensky” to cancel order No. *** of *** 02.2015 imposing a disciplinary sanction on Trunin *** *** in the form of a severe reprimand.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

The disciplinary charter of the internal affairs bodies of the Russian Federation, approved by Presidential Decree No. 1377 dated October 14, 2012, the Procedure for considering an official dispute in the internal affairs bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 No. 782 (hereinafter referred to as the Procedure for considering an official dispute), provides for a three-month period The deadline for an employee to file a report to the relevant manager (supervisor) or to file a claim in court is from the day the employee learned or should have learned about a violation of his right. In this case, the three-month period begins to run from the date of familiarization with the order to impose a disciplinary sanction.

Imsyrova E.M. a reprimand was issued for violating the requirements of paragraphs. …. Instructions ..... Checking the legality of bringing the plaintiff to disciplinary liability in the form of a reprimand, the court found it established that failure to carry out internal affairs activities with deadlines for implementation, provided for in paragraphs ....

In cases where the employer issues a special resolution, drawn up in writing, to collect fines of various levels, the employee can file a claim with the higher courts.

Fundamentals of public service and personnel policy

The procedure for applying disciplinary action.

The right to choose a specific disciplinary sanction from among those provided for by law belongs to the head of the state body. The manager has the right, but not the obligation, to bring a civil servant to disciplinary liability. He may limit himself to verbal remarks or conversation.

due to repeated failure by an employee to fulfill his official duties without good reason, if he has a disciplinary sanction;
in case of a single gross violation of official duties by a civil servant (absenteeism; appearance at work in a state of alcoholic, narcotic or other toxic intoxication; disclosure of information constituting state and other secrets protected by law, and official information that became known to the civil servant in connection with the performance of his official duties ; theft (including small) of someone else's property, embezzlement, etc., at the place of duty; violation of labor protection requirements by a civil servant, if this entailed grave consequences, or knowingly created a real threat of such consequences);
when committing guilty actions by a civil servant directly servicing monetary and commodity assets, if these actions give rise to a loss of confidence in him by the employer's representative;
if a civil servant holding a position in the “managers” category makes an unfounded decision that entails a violation of the safety of property, its unlawful use or other damage to the property of a state body;
in case of a single gross violation by a civil servant holding a position in the “managers” category of his official duties, resulting in harm to a government agency and (or) violation of the legislation of the Russian Federation;
in the case of a civil servant submitting forged documents or knowingly false information to the employer’s representative when concluding a service contract;
termination of a civil servant's access to information constituting a state secret if the performance of official duties requires access to such information.

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Time limits for appealing a disciplinary sanction by a police officer

Hello, in this article we will try to answer the question “Time limits for appealing a disciplinary sanction by a police officer.” You can also consult with lawyers online for free directly on the website.

S. The article analyzes the existing procedure for appealing imposed disciplinary sanctions in the Department of Internal Affairs of the Russian Federation, identifies some contradictions between the disciplinary legislation of the Department of Internal Affairs and the federal legislation of the Russian Federation, and formulates and substantiates proposals for a more complete and thorough regulation of the procedure for appealing disciplinary sanctions by employees of the Department of Internal Affairs.

Which of the following penalties is administrative and can only be applied to an individual who has committed an administrative offense?

Time limit for bringing a police officer to disciplinary liability

All complaints are registered on the day they are received in the form and in the manner established by the regulatory legal acts of the Federal Drug Control Service of Russia. Complaints from employees, as well as materials on their inspections and conclusions on them are included in the file of applications and complaints.

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.

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. The Best Mayor, without good reason, missed the deadline to appeal a obviously illegal judicial act?

Time limit for appealing a disciplinary sanction in court

He believed that the internal inspections were carried out illegally, and the orders issued on the basis of the inspection findings were also illegal.

Well, it’s probably not the mayor who is mainly to blame here, but his appointee, the first deputy head of the city, Mikhalkov, who oversees the legal department of the administration. Such “forgetfulness” in appealing decisions always happened when “winning” cases had to be lost. For this, no one will be held accountable for negligence, excess or abuse!

It would seem that material reasons should have more weight. However, it is not. Article 192 of the Labor Code obliges to take into account the severity of the offense and the circumstances of its commission. This is all subjective. If employees are caught drinking coffee outside of their lunch break, one manager will confine himself to a reprimand, and another will fire them.

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Appealing a disciplinary sanction of the Ministry of Internal Affairs

Visitors to the legal consultation asked 562 questions on the topic of “collection.” On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!

The period for consideration of a case regarding a disciplinary sanction is 10 days. She has the right to satisfy the requirements in full, partially or refuse. The decision of this body is considered procedurally independent: it is not subject to approval by the owner of the enterprise or anyone else. Those dissatisfied with the determination of the CCC have the right to appeal it to the court within the same 10-day period. If we are talking about a government agency, the cancellation of a decision on disciplinary action in the form of dismissal presupposes the opportunity to continue working in the same place. To wait until the conflict subsides or leadership rotates, you can take sick leave, time off, leave to care for a sick relative, or file a request for transfer. Rarely will an official risk repeatedly dismissing a person from the civil service without reason.

Less serious offenses are recognized as a violation of order by decision of the administration of the institution where the perpetrator works.

Plaintiff Zakharov A.A. brought a claim against the Department of the Ministry of Internal Affairs for the city of Pyatigorsk to recognize as illegal and cancel the orders of the head of the Department of the Ministry of Internal Affairs for the city of Pyatigorsk dated DD.MM.YYYY No. on the imposition of a disciplinary sanction, a severe reprimand and an order from DD.MM.YYYY on removal from office.

Hiring a new employee involves familiarizing him with the requirements of labor discipline, which he must subsequently comply with throughout his entire activity.

In relation to the Ministry of Internal Affairs of Russia, the issues of bringing its employees to administrative responsibility are perhaps one of the most discussed, since in connection with the optimization of police activities they cannot go unnoticed by civil society.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.

Appealing a disciplinary sanction is a chance for an employee whose rights have been infringed to protect his legitimate interests. To succeed, you need to write a competent appeal and contact the authorized body, observing the deadline.

Labor disputes are one of the most common categories of civil cases heard in Russian courts. Most often, a claim is initiated by an employee who was unfairly fired or punished, not paid a salary or deprived of a bonus.

An appeal against a disciplinary sanction to the head of a higher customs authority is carried out by the employee 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.

A. questions for which the plaintiff must provide written explanations regarding the failure to enter anonymous messages into the KUSP. However, instead of requesting an explanation from the plaintiff, an act of refusal to give explanations was drawn up from DD.MM.YYYY, which does not correspond to reality. The signatories, who were repeatedly summoned to court as witnesses, did not appear.

The program was developed jointly with Sberbank-AST CJSC. Students who successfully complete the program are issued certificates of the established form.

To recover from the Department of the Ministry of Internal Affairs of Russia for the Kurgan Region in favor of Cheremukhin in compensation for moral damage 1000 rubles. Unemployed S. and K. drank wine in the entrance of the house. Then, going out into the street, they shouted loudly and pestered passers-by.

The analogue of the CCC in government agencies is the Commission on Service Disputes. Unlike CTS, it is much more influential. The features of its functioning are prescribed by Federal Law No. 79.

The procedure for registering a misdemeanor and the period of validity of the penalty are established by Art. 193 Labor Code of the Russian Federation. When registering you need to consider:

degree of danger;
circumstances;
results of the employee’s work (behavior) before the violation.

C A S S A C I O N N O E O D E D I N I E N

August 22, 2011 Rostov-on-Don

Judicial panel for civil cases of the Rostov Regional Court consisting of:

Presiding judge: Kheilo I.F.

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Judges: Nesterova E.A., Batasheva M.V.

having considered in open court a civil case on the claim of K. against the branch of ZAO Housing Finance Bank in Rostov-on-Don for the abolition of a disciplinary sanction,

on K.’s cassation appeal against the decision of the Kirovsky District Court of Rostov-on-Don dated July 11, 2011.

Having heard the report of Judge M.V. Batasheva, the judicial panel

K. filed a lawsuit against the branch of ZhilFinance CJSC in Rostov-on-Don, asking to cancel the disciplinary sanctions applied to her: a reprimand based on order No. 28-k dated March 2, 2011 and a reprimand based on order No. 66-k from 05/03/2011

To substantiate the stated demands, the plaintiff indicated that, in accordance with the employment contract dated March 1, 2006 No. 39, she is in an employment relationship with the branch of ZhilFinance Bank CJSC in the city.

Rostov-on-Don and, in accordance with the additional agreement to the employment contract dated May 25, 2010 No. 95-K, works as Deputy Head of the Operations Department of the Bank.

Her job responsibilities are defined by the job description dated November 1, 2010.

By order No. 28-k dated March 2, 2011, the plaintiff was reprimanded for improper performance of her official duties as provided for in clause 2.2.18 of the job description of the deputy head of the operations department. By order No. 66-k of 05/03/2011, the plaintiff was reprimanded in accordance with Art. 192 Labor Code of the Russian Federation. She considers the imposition of these disciplinary sanctions on her to be unfounded and illegal. The defendant, when issuing order No. 28-K dated March 2, 2011, did not take into account the degree of guilt. Her job description does not include responsibilities for creating daily reports (the daily reports include daily documents from all departments of the bank). The order contains a reference to clause 2.2.18 of the job description, according to which she must only carry out the initial preparation of payment documents for transactions of legal entities to generate documents of the day, which she carried out daily and in good faith. The difference between these two types of work by the deputy manager of the Branch (head of the lending department) was not taken into account when imposing a disciplinary sanction. The contested orders do not comply with the requirements of the law and contradict the interests of the bank; when they were issued, clauses were ignored. 4.1-4.3 Section 4 (Storage of Documents) Regulations of the Central Bank of the Russian Federation No. 302-P “Regulations on the Rules for Maintaining Accounting in Credit Institutions Located on the Territory of the Russian Federation”, according to which it is the head of the branch who is responsible for work in this direction and should be the necessary conditions have been created for the formation of stitching of the accounting documents of the day, and the implementation of this work must be specified in additional instructions and separately assigned to one of the bank employees. These activities were not carried out by the Deputy Manager of the Branch. The order was created with violations - the position of the head of the operations department was indicated incorrectly.

The plaintiff also indicated that the basis for the issuance of order No. 66-K dated 05/03/2011 was the order of the chief accountant No. 19/1-OD dated 04/21/2011, and the memo of the deputy branch manager (head of the lending department) dated 04/28/2011 g., the plaintiff’s job description and written refusal dated April 21, 2011. After reading the order on April 21, 2011, the plaintiff put a mark on it indicating her disagreement with paragraph 1 of this order, since it contradicts her job description. Despite this, she prepared the documents of the day for the branch as a whole, putting her signatures on them, so that she could prove the work performed according to the order. However, before the end of the period established for the execution of the order, she was reprimanded for failure to comply with the order. When imposing a disciplinary sanction, according to the plaintiff, the procedure provided for in Art. 193 of the Labor Code of the Russian Federation, since the employer did not require a written explanation from her before applying a disciplinary sanction.

By the decision of the Kirovsky District Court of Rostov-on-Don dated July 11, 2011, in satisfying K.’s claims to cancel the disciplinary sanction in the form of a remark imposed by order No. 28-k dated 03/02/2011 and the disciplinary sanction in the form of a reprimand, imposed by order No. 66-k dated 05/03/2011 was refused.

The plaintiff did not agree with this court decision and appealed it in cassation.

The cassator points out that, taking into account the category of the dispute, it is the defendant who is entrusted with the obligation to provide evidence confirming the fact of the violation committed by the employee, and also that the violation may be the basis for applying disciplinary action to the employee. The defendant did not provide evidence of the validity and legality of the application of the disciplinary sanction, and therefore the court decision, which denied the plaintiff’s claim, is illegal and unfounded.

According to the cassator, the court incorrectly determined the circumstances relevant to the case. The court's conclusions about the plaintiff's violation of clause 2.2.18 of the job description of the deputy head of the operational department do not correspond to the circumstances of the case.

The appellant also believes that the court did not apply the law to be applied, in particular the norms of Articles 60 and 72 of the Labor Code of the Russian Federation, if there was evidence that there was coercion on the part of the employer to perform work that was not stipulated by the job description and the employment contract concluded with the employee.

Having discussed the arguments of the cassation appeal, having studied the case materials, having listened to the explanations of the plaintiff, her representative, and representatives of the defendant, the judicial panel considers it necessary to make a court decision regarding the refusal to satisfy K.’s claims for the cancellation of the disciplinary sanction in the form of a remark imposed by order No. 28-k dated 02.03 .2011 is left unchanged, and the cassation appeal is not satisfied. In the remaining part, the judicial panel recognizes the court decision as subject to cancellation. In this case, the judicial panel proceeds from the following.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The subject of the dispute in the present civil case was the disciplinary sanctions applied to the plaintiff by the employer in the form of a reprimand and a reprimand.

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In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

3) dismissal for appropriate reasons.

On 03/02/2011, the defendant issued order No. 28-k, by which the plaintiff was reprimanded for improper performance of her official duties as provided for in clause 2.2.18 of the job description of the deputy head of the operations department.

The responsibility to prove the legality of the disciplinary sanction rests with the employer. In this case, the employer must provide evidence confirming that the violation of reality committed by the employee took place, as well as that the deadlines for applying disciplinary sanctions provided for in parts three and four of Article 193 of the Labor Code of the Russian Federation were observed.

During the consideration of the case, the defendant confirmed the fact that the employer imputed to the plaintiff according to order No. 28-k of 03/02/2011. actions took place.

It was also reliably confirmed that these actions were a consequence of employee K.’s improper performance of his official duties.

This circumstance was confirmed on the basis of documents examined by the court, including a regulatory document of ZAO Housing Finance Bank, a branch of ZAO Bank ZhilFinance in Rostov-on-Don - the job description of the deputy head of the operations department of the branch of ZAO Bank ZhilFinance in Rostov-on-Don. Rostov-on-Don.

The court gave a proper assessment to the provisions of the above document in conjunction with the provisions of the employment contract concluded with the plaintiff and the norms of the current labor legislation.

The court's conclusions regarding the presence in the actions of the plaintiff of a disciplinary offense, expressed in the improper performance of her official duties, provided for in clause 2.2.18 of the job description of the deputy head of the operational department, imputed to her by the defendant, for which a disciplinary sanction was applied to her in the form of a remark, are justified and consistent established circumstances of the case.

The employer has not violated the procedure for applying this penalty.

Along with this, the judicial panel does not agree with the conclusions of the trial court regarding the recognition of the disciplinary sanction applied to K in the form of a reprimand as legal.

The issuance of order No. 66-k dated 05/03/2011 and the application of penalties to K. were carried out in violation of current labor legislation.

A disciplinary sanction is applied to an employee for committing a disciplinary offense. The content of the concept of “disciplinary offense” is reflected in Art. 192 of the Labor Code of the Russian Federation, according to which this is a failure to fulfill or improper performance by an employee, through his fault, of the labor duties assigned to him.

From the content of the above order it is clear that employee K. was charged with direct failure to comply with clause 1 of Order No. 19/1-OD “On the assignment of responsibilities for the preparation of accounting documents of the day as a whole for the Branch of ZAO Housing Finance Bank in Rostov-on” -Don”, issued by the chief accountant of the branch on April 21, 2011, namely the employee’s written refusal to comply with this point of the order, in connection with which a reprimand was issued.

In accordance with this order, the deputy head of the operational department K. was assigned the duties of documenting, generating documents of the day for the branch as a whole, providing the generated and bound accounting documents of the day to the accounting department and the obligation to provide the chief accountant with the generated ones by May 10, 2011 in accordance with the established procedure and bound accounting documents of the day for the period from 09/01/2009 to 12/31/2009.

The order contains the signature of K. dated 04/21/2011 about familiarization and an indication of her disagreement with clause 1 of this order.

It should be noted that the employee performs a labor function stipulated by the employment contract.

According to the employment contract concluded between the parties, the plaintiff is obliged to perform duties in accordance with her job description, from the content of which it follows that the responsibility for forming daily stitches is not included in the plaintiff’s duties, and therefore, the imposition of an additional duty, the consent for which the defendant has not received , is not of a legal nature, and, therefore, failure to comply with such an order is not a violation of labor discipline; disciplinary punishment provided for in Article 192 of the Labor Code of the Russian Federation cannot be applied to the employee.

Meanwhile, the interpretation of this entry as a direct actual refusal of the employee to perform, through his fault, the labor duties assigned to him, that is, the interpretation of the entry as a fact of committing a disciplinary offense cannot be considered correct and justified.

Expert opinion

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In addition, the employer did not provide evidence of compliance with the procedure for applying disciplinary action established by current labor legislation.

By virtue of Art. 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

In the case materials, K.’s explanation regarding the failure to comply with clause 1 of the order of the chief accountant No. 19/1-OD “On the assignment of responsibilities for the preparation of accounting documents of the day as a whole for the Branch of ZAO Housing Finance Bank in Rostov-on-Don,” issued by the chief accountant of the branch on April 21, 2011 is missing. The fact that an explanation was requested from the employee, but was not provided, which would be confirmed by the relevant act, has not been proven by the employer.

The court’s conclusions regarding the fact that the plaintiff’s disagreement with paragraph 1 of the Order, reflected in its text upon review, can be considered as a written explanation of the fact of the disciplinary offense committed, and therefore, the employer did not need to request a separate explanation, cannot be considered justified , since they do not correspond to the circumstances of the case and the rules of law governing the controversial legal relationship. In this case, the employee’s note on the order about disagreement with him was interpreted by the court both as confirmation of the fact of committing a disciplinary offense and as the employee’s explanation for this fact.

In addition, when resolving the issue of the employer’s compliance with the procedure for applying a disciplinary sanction, it should be taken into account that one of the initial stages of the procedure for applying a sanction is the employer’s registration of the fact that the employee has committed a disciplinary offense, that is, its documentary recording. The intermediate stage of the procedure before issuing an order to impose a disciplinary sanction on an employee is receiving explanations from the employee. That is, the demand for explanations is carried out before the issuance of the relevant order, but after the discovery and recording of the fact of the commission of an offense. Only if this sequence is observed, the application of a disciplinary sanction can be recognized as carried out in the manner prescribed by law. In the case under consideration, the employer registered the fact of committing a disciplinary offense on April 28, 2011, which is confirmed by a memorandum from the deputy manager of the branch of ZAO Housing Finance Bank in Rostov-on-Don G. addressed to the manager V.. The record of disagreement was made by K. by order on April 21, 2011, that is, before the fact of a disciplinary offense was established and formalized by the employer, and therefore this entry cannot be considered as an explanation from the employee requested by the employer upon the fact of its commission.

This is important to know: Order for approval of internal labor regulations: sample 2021

Taking into account the above, the disciplinary sanction applied to K. in the form of a reprimand on the basis of order No. 66-k dated 05/03/2011 does not meet the requirements of the law, and therefore this order is subject to cancellation. Simultaneously with the cancellation of the decision in this part, the judicial panel considers it possible, taking into account the established circumstances, to make a new decision to satisfy the claim in this part, recognizing order No. 66-k dated 05/03/2011. illegal.

O P R E D E L I L A :

The decision of the Kirovsky District Court of Rostov-on-Don dated July 11, 2011 regarding the refusal to satisfy K.’s claims to cancel the disciplinary sanction in the form of a reprimand imposed by order No. 28-k dated March 2, 2011 is left unchanged, and K.’s cassation appeal was not satisfied. In the remaining part, the decision of the Kirovsky District Court of Rostov-on-Don dated July 11, 2011 is cancelled, K.’s claims regarding the recognition of the imposition of a disciplinary sanction in the form of a reprimand are satisfied, order No. 66-k dated May 3, 2011 on the imposition of a disciplinary sanction in the form of a reprimand is considered illegal.

What is a disciplinary offense?

The Labor Code of the Russian Federation makes it possible to challenge an unfair penalty and offers the following authorities in this case: CCC (commission considering labor disputes), State Labor Inspectorate, court.

A disciplinary sanction cannot be imposed during the illness of an employee of the internal affairs body or while he is on vacation or a business trip, as well as if more than six months have passed since the commission of the offense, and based on the results of an audit or inspection of financial and economic activities - more than two years from the date of its commission.

Another thing is that the recognition of the developer's ownership of an unauthorized building does not deprive the administration of the right to file a claim for the demolition of a building owned by a citizen or group of citizens if this building violates urban planning norms and rules: KIT, building area, maximum height and other standards established Land use and development rules.

For each disciplinary offense, only one disciplinary sanction can be applied. For certain categories of employees, federal laws, charters and discipline regulations may provide for other types of punishment. But it should be remembered that disciplinary sanctions can only be imposed in accordance with the law.

Chapter 7. Service discipline in internal affairs bodies (Articles 47 - 52)

If a disciplinary offense is committed, the employer has legal grounds to hold the employee accountable. That is why every employee needs to know what the procedure for appealing a disciplinary sanction is. According to Part 3 of Art. 72 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation,” an employee has the right to apply in writing to his immediate supervisor (supervisor) to resolve an official dispute, and in case of disagreement with his decision or if it is impossible for the immediate supervisor (supervisor) to consider an official dispute on the merits to the direct supervisor (supervisor) or to the court. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account. Incentive measures and disciplinary sanctions are taken into account separately. A disciplinary sanction imposed on an employee of internal affairs bodies by order of the head of the internal affairs body 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.

How to appeal the punishment of employees of the Ministry of Internal Affairs in court?

The grounds for applying dismissal are listed in. In accordance with paragraphs 5-10 of this article, these include several types of violations of discipline.

A penalty imposed by an order cannot be lifted orally. Incentives and disciplinary sanctions are announced to an employee of the internal affairs bodies in person, before the formation or at a meeting (meeting). Before imposing a penalty, a written explanation must be required from the internal affairs officer who is being held accountable.

The approval sheet does not indicate the official who introduced him to the order. Receiving his salary in April, he learned that the salary was not paid in full - without a bonus and assumed that either he was deprived of the bonus or would be paid later, as had happened before. Direct superiors are superiors to whom employees of internal affairs bodies are subordinate in their service, at least temporarily. The direct superior closest to the subordinate is his immediate superior. Employees of internal affairs bodies who are not subordinate to each other in service may be senior or junior.

Article 42. Courts of honor In internal affairs bodies, courts of honor are created, respectively, for ordinary and junior commanding personnel, middle commanding personnel, senior and senior commanding personnel. Failure to comply with such rules may result in disciplinary action, the consequences of which range from loss of bonuses to dismissal.

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I quoted this norm to you so that you can figure out whether the deadlines for applying a disciplinary sanction have been violated.

He does not agree with the orders imposing disciplinary sanctions and dismissal on him, as well as the conclusions of the internal audits that served as the basis for issuing the appealed orders.

Sample report on the removal of a penalty from a police officer

2 tbsp.

194 of the Labor Code of the Russian Federation, the employer before the expiration of a year from the day the order to impose a disciplinary sanction was issued: on his own initiative. The employer, based on his own observations of the employee, can lift a disciplinary sanction (for the employee’s impeccable behavior, high performance indicators and other positive characteristics).

As a rule, the HR service is entrusted with monitoring the behavior of an employee after a disciplinary sanction has been imposed on him. In this case, she will act as the initiator of the removal of the disciplinary sanction; at the request of the employee himself.

The employee, realizing his negative behavior, made every effort to correct the consequences of a previously committed disciplinary offense, proved himself on the positive side, increased the quality and performance of his work and, based on this, independently submits an application requesting the removal of the disciplinary sanction; at the request of the employee's immediate supervisor.

Sample report on the removal of a penalty from the police

In this case, the penalty is lifted automatically, without issuing a special order (instruction). Prepares a report to the commander to reward particularly distinguished employees. formations, as well as uniforms of the established sample;.

Is there a regulated form of order for deprivation of a bonus? the same information is reflected as in the order to reward the employee.

After issuing an order to dismiss an employee, the report is not subject to recall... included in the order, incentive measures may be applied to.

and official ones - from an employee or the head of one structural unit to an employee. The immediate head of a department or workshop has the right to contact the general director by filling out a sample petition for early removal of a disciplinary sanction, that is, before a year from the date of issuance.

Removal of disciplinary action against a police officer

Kikotya, Candidate of Legal Sciences E-mail: Scientific specialty 12.00.14 - administrative law; administrative process Reviewer: Candidate of Legal Sciences I.V.

Fadeeva Citation index in the NIION electronic library Abstract.

In accordance with the legislation on service in internal affairs bodies, early removal of a disciplinary sanction is one of the incentive measures. Currently, there are legislative gaps in establishing the procedure, deadlines, and specific grounds for applying this measure.

In this article, the author proposes to consider the early lifting of a disciplinary sanction as an independent stage of disciplinary proceedings, and also formulates proposals for improving legislation on the issue under consideration. Key words: early lifting of a disciplinary sanction, internal affairs officer, disciplinary proceedings. Abstract.

How to correctly write a report on the removal of a penalty to the police department

194 of the Labor Code of the Russian Federation or the norms of a special law regulating the scope of activity of specific groups of workers;

signature of the applicant.

The list of grounds for early removal of a penalty is not approved by law and is determined by the employer independently, taking into account the circumstances of a particular case:

fulfillment of production plans;
no complaints regarding compliance with labor discipline;
conscientious performance of labor duties, etc.

A sample petition can be downloaded by clicking on the link: petition to lift a penalty - template.

When making a decision on applying a disciplinary sanction in the event of a repeated disciplinary offense committed by the same employee, the employer should take this rule into account, otherwise the court will find a violation of the provisions of labor legislation on the lifting of a disciplinary sanction and may oblige the employer to reinstate the employee at work.

Principles for lifting disciplinary sanctions

This is why a collective and labor agreement is signed.

Violation of its provisions leads to penalties.

The following circumstances may serve as a basis:

small one-time violations will allow you to make not only a verbal remark (it can be documented);
the manager must not exceed his authority or make an order that causes financial damage.
immoral acts will lead to serious consequences;
the employee constantly ignores his job duties or is late for work without good reason (after two delays we are usually talking about dismissal);
accidental or intentional declassification of official information is associated with a loss of trust and the adoption of certain measures;

There is a certain procedure for recording violations in order to subsequently choose one of the types of penalties:

an act must be drawn up, with witnesses present;

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 conduct a medical examination to detect alcohol in the blood;
inaction of an employee of the Ministry of Internal Affairs, endangering 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;
dismissal;
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.

Only one disciplinary sanction for misconduct can be applied to a subordinate or cadet at a time. The procedure is specified in Federal Law No. 342-FZ, Article 51.

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 long does a severe reprimand last?

Perhaps that is why the list of penalties is split and expanded for employees of the Ministry of Internal Affairs. This list comes with a strong reprimand and serves as a sort of “Chinese final warning” before more drastic measures are taken. This means that within a year a repeated violation may end: Citizens employed by the Ministry of Internal Affairs are more oriented in their work to special laws relating to their activities. The main difference from the majority of workers is that the military and employees of the Ministry of Internal Affairs do not work, but serve. To some extent, this means a stricter attitude towards dereliction of duty and an increased responsibility before the law and society.

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.

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 familiar with 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.

Main types of disciplinary sanctions and their application

frequent cases of violation of work regulations (being late, leaving the workplace before the hour established by internal regulations, increasing the time allotted for a lunch break, absenteeism, conflicts with employees and management, or appearing drunk);
confirmed fact of intentional or unintentional damage to work tools or property;
confirmed fact of theft of public or private property;
violation of labor discipline leading to injury/death of people.

Conduct an investigation to identify the causes of the misconduct and the perpetrators.
The decision to apply punishment is made by the immediate superior of the offender or by higher management (after receiving the appropriate report).
The report is submitted to superiors no later than 10 days from the moment the misconduct is discovered.
The result of the proceedings and the basis for deciding whether punishment is necessary is the protocol.

24 Dec 2021 marketur 1668
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