Under the special disciplinary responsibility, in which the differentiation of regulation is manifested, is understood the totality of legal norms that determine the obligation of special subjects of labor law to incur disciplinary measures provided for by the relevant federal laws statutes and regulations on the discipline of certain categories of employees under certain conditions and in cases provided for by law).
Special disciplinary responsibility of employees exists along with general disciplinary responsibility. At the same time, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied. Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. These acts may also provide for more stringent penalties that differ from those imposed on employees with general disciplinary responsibility, although the measures listed in Art. 192 of the Labor Code of the Russian Federation.
The establishment of special disciplinary responsibility is due, first of all, to the specifics labor functions that perform certain groups of workers, as well as more severe and harmful consequences resulting from non-performance or improper performance of their duties by these categories of workers).
Currently, there are a number of federal laws, charters, regulations on discipline for certain categories of employees, which provide for special disciplinary liability. First of all: the federal law of March 2, 2007 No. 25-FZ “On municipal service in Russian Federation”), Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”), Federal Law of July 21, 1997 No. 114-FZ “On Service in the Customs Authorities of the Russian Federation”), Law of 17 January 1992 No. 2202-I "On the Prosecutor's Office of the Russian Federation"), Disciplinary Charter customs service of the Russian Federation) , Charter on the discipline of the crews of naval support vessels) , Charter on the discipline of employees maritime transport) , Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy) , Charter on the discipline of employees of enterprises and organizations engaged in the development of gas and oil fields with a high content of hydrogen sulfide) , Charter on the discipline of workers and employees employed in the development of oil and gas resources on the continental shelf of the USSR) , Charter on the discipline of workers of the fishing fleet of the Russian Federation) , Regulations on the discipline of workers railway transport Russian Federation), and others.
General and special disciplinary responsibility differ in a number of the following ways.
1 Subject composition. The subject of general disciplinary liability is an employee whose relationship with the employer is regulated by labor law. When applying special disciplinary liability, the employee belongs to special subjects who are subject to disciplinary liability according to special rules. For example, prosecutors, judges, civil servants. Wherein general rules on disciplinary liability are applicable to them insofar as they do not contradict the special legislation on bringing this type of liability to justice.
2 Sources of legal regulation. On the one hand, issues of general disciplinary responsibility are an indispensable element of the labor law system, regulated by the Labor Code of the Russian Federation and performing important functions in the process of implementing the constitutional right of citizens to work.
On the other hand, the norms of both the Labor Code of the Russian Federation and special federal laws are the source of legal regulation of special disciplinary liability. Unfortunately, to date, liability issues are also regulated by by-laws. Thus, in clause 32 of the Disciplinary Charter of the Customs Service of the Russian Federation, it is established that “a superior head of a customs authority has the right to cancel, mitigate or increase a disciplinary sanction imposed by a lower head if he finds that this penalty does not correspond to the gravity of the offense committed.” Such a situation can hardly be considered acceptable, since the measures of disciplinary responsibility applied to the employee undoubtedly have negative consequences for him and significantly restrict his rights and freedoms). And according to part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen can be limited only by federal laws and in strictly defined cases.
3 Types of forms of influence. The Labor Code of the Russian Federation establishes a certain system of disciplinary sanctions, however, in various legislative acts, this system can be supplemented by other types of disciplinary sanctions that are different from those enshrined in the Labor Code of the Russian Federation. So, for example, when comparing the provisions of the Federal Law “On the State Civil Service of the Russian Federation” and the Labor Code of the Russian Federation, it becomes obvious that, despite the fact that individual disciplinary sanctions in them coincide (remark, reprimand, dismissal), such specific penalties, as a warning about incomplete official compliance and exemption from a civil service position to be replaced.
In the Federal Law "On the Prosecutor's Office of the Russian Federation" in Art. 41.7 the list of disciplinary sanctions that can be applied to employees of the prosecutor's office is supplemented by: a severe reprimand; demotion in class rank; deprivation of the badge "For irreproachable service in the Prosecutor's Office of the Russian Federation"; deprivation of the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation"; warning of incomplete service compliance.
The Charter on Discipline of Maritime Transport Workers provides for penalties in the form of a strict reprimand and a warning about incomplete service compliance (clause 13), such penalties are also provided for in clause 15 of the Charter on the discipline of workers of the fishing fleet of the Russian Federation and clause 14 of the Charter on the discipline of the crews of military support vessels - navy.
Currently, the Regulations on the discipline of railway workers are in force in railway transport. But it should be applied taking into account the decisions of the Supreme Court of the Russian Federation of October 3
2002 No. CAS 02-528), which actually abolished special disciplinary responsibility, recognizing the measures of special responsibility established in the Regulation as contrary to labor legislation. Moreover, the abolition of special disciplinary responsibility was argued by the court not by the absence of the need for special measures of responsibility, but by the fact that they were established by a body not authorized to impose such restrictions on the rights of employees.
4 The procedure for applying penalties. In general, the procedure for bringing employees to special disciplinary responsibility is similar to the general procedure established by labor legislation. A feature is that before imposing a penalty, in some cases, the legislation requires an internal audit or internal investigation.
5 Fulfillment by the employee of special labor duties directly related to the life and health of people. For example, such duties should include the performance of work directly related to the movement of railway transport.
6 The presence of a special circle of persons or bodies with the right to bring to disciplinary responsibility. For example, bringing judges to disciplinary responsibility is carried out by qualification collegiums on the recommendation of the chairman of the corresponding court. The President of the Russian Federation may bring to disciplinary responsibility the heads of federal executive bodies.
7 Availability additional features to appeal disciplinary action. In particular, in addition to the judicial procedure, there may be an out-of-court procedure for appealing disciplinary sanctions, for example, to a higher authority or a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then to judicial order. Civil servants may appeal a disciplinary sanction to a higher official.
The proof of each type of the considered circumstances allows us to conclude that special disciplinary liability is applied to the employee. At the same time, when applying special disciplinary liability, circumstances that are included in different kinds. For example, judges belong to special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although the proof of one type of circumstance allows us to conclude that special disciplinary liability is applied) .
It is possible to single out, as well, the special disciplinary responsibility of employees, which exists along with the general disciplinary responsibility. At the same time, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied.
Special disciplinary liability is provided for certain categories of employees working in certain sectors of the economy, where the charters and regulations on discipline are in force, approved by decrees of the Government of the Russian Federation (railway transport, air transport, nuclear energy, civil servants, Customs) Buyanova M.O. Labor law of Russia. - "Prospect", 2009 - From 10-104..
The establishment of special disciplinary liability is due, first of all, to the specifics of the labor functions performed by certain groups of employees, as well as to more severe and harmful consequences resulting from non-fulfillment or improper fulfillment of their duties by these categories of workers. Voloshin, "Laws of Russia: experience, analysis, practice", N 8, August 2009).
The application of disciplinary liability is always associated with proving additional, that is, special, legally significant circumstances. There are several types of legally significant circumstances that are subject to proof in the application of special disciplinary liability.
The first type of special legally significant circumstances to be proved when applying special disciplinary liability is the assignment of an employee to special subjects that are subject to disciplinary liability according to special rules. For example, prosecutors and judges are subject to disciplinary liability according to special rules. At the same time, the general rules on disciplinary liability are applicable to them to the extent that they do not contradict special legislation on bringing to responsibility this type of Zhuravleva AND.The. Comment recent changes to the Labor Code of the Russian Federation. - "Urayt", 2007 - From 45-76 ..
Secondly, as a type of special legally significant circumstances to be proved when applying special disciplinary responsibility, one can single out the performance by an employee of special labor duties directly related to the life and health of people. These duties include the performance of work directly related to the movement of railway transport.
Thirdly, the circumstance, the proof of which allows us to conclude that special disciplinary liability is applied, is the presence of a special circle of persons or bodies with the right to bring to disciplinary liability. For example, bringing judges to disciplinary responsibility is carried out by qualification collegiums on the recommendation of the chairman of the corresponding court. The President of the Russian Federation may bring to disciplinary responsibility the heads of federal executive bodies.
Fourthly, a special type of circumstances, the proof of which allows us to conclude that special disciplinary liability is applied, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is the deprivation of the driver of the right to drive a locomotive for a period of three months to one year with the transfer with his consent to another job, release from his position related to operational work railways, with the provision with the consent of the employee in the order of transfer of another job.
Fifth, the circumstances, the proof of which allows us to conclude that special disciplinary liability is applied, we should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial procedure, there may be an out-of-court procedure for appealing disciplinary sanctions, for example, to a higher authority or a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then in court. Employees government organizations can appeal the disciplinary sanction to a higher official. The proof of each type of the considered circumstances allows us to conclude that special disciplinary liability is applied to the employee. At the same time, when applying special disciplinary liability, circumstances that fall into various types can be proved. For example, judges belong to special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although the proof circumstances of one type allows us to conclude the application of special disciplinary responsibility Mironov The.AND. LLC “Journal “Personnel Management”, 2007., - Labor Law of Russia. Textbook. - from 343-981..
Special disciplinary responsibility has been established for a narrow circle of employees: judges, prosecutors, investigators, civil servants, employees of a number of industries that are subject to charters and regulations on discipline. The effect of special disciplinary responsibility is reflected in Part 5 of Art. 189 of the Labor Code of the Russian Federation, which states that for certain categories of workers there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws. Berdychevsky V. S., Rostov-on-Don, 2002, Labor law. Tutorial . - from 23-76.
As an example of special disciplinary responsibility, we can cite the Federal Law "On the Prosecutor's Office of the Russian Federation" article 41.7 of the Federal Law of November 17, 1995 N 168-FZ "On the Prosecutor's Office of the Russian Federation", which establishes the following disciplinary sanctions for judges, prosecutors, their deputies and assistants , investigators:
- a) remark;
- b) reprimand;
- c) severe reprimand;
- d) demotion in class rank;
- e) deprivation of the badge "For irreproachable service in the Prosecutor's Office of the Russian Federation";
- f) deprivation of the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation";
- g) warning about incomplete service compliance;
- h) dismissal from the prosecutor's office.
The Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708 "On approval of the Charter on the discipline of workers of the fishing fleet of the Russian Federation", additionally provides for the possibility of withdrawing diplomas from captains and officers of the fishing fleet for a period of up to three years. Such withdrawal of diplomas is possible for violation of labor discipline, which created a threat to the safety of navigation, life and health of people at sea, pollution environment, as well as for a gross violation of the rules of fishing, paragraph 20 of the Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708.
Special disciplinary responsibility is also established for police officers. It should be noted here that the Law of the Russian Federation "On the Police" itself, the Law of the Russian Federation of April 18, 1991 N 1026-1 (as amended on December 26, 2008) "On the Police", practically does not regulate the disciplinary responsibility of police officers. It contains only a reference rule: "for illegal actions or inaction, police officers bear responsibility established by law," and also states that for gross or systematic violation of discipline, police officers can be dismissed from service. In more detail, the features of disciplinary liability of police officers are established in Chapter 4 of the Regulations on Service in the Internal Affairs Bodies Resolution of the Supreme Council of the Russian Federation of December 23, 1992 N 4202-1 (as amended on December 25, 2008) "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 ", which defines service discipline, establishes incentives and penalties applied to employees of the internal affairs bodies, and also considers the issues of their imposition and removal L. V. Gustov, Some issues of disciplinary responsibility of police officers / "Labor Law", N 1, January 2010, p. 67-69.
The Federal Law of the Russian Federation "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ establishes special disciplinary liability for civil servants. In addition to remarks and reprimands, the Law establishes additional disciplinary measures, which are:
- - warning about incomplete official compliance;
- - exemption from a substituted civil service position;
- - dismissal from the civil service on appropriate grounds, Article 57 of the Federal Law of the Russian Federation dated July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ.
Dismissal may take place for the disclosure of information constituting a state or other secret protected by law. Such a measure as the temporary suspension of those who have committed a disciplinary offense from execution is also applied to civil servants. official duties with the preservation of the monetary content until the issue of his disciplinary responsibility is resolved, etc. M.V. Presnyakov, S.E. Channov, “Disciplinary responsibility of civil servants: problems of regulatory certainty and fair differentiation”, “Labor Law”, N 9, September 2009 g.s 34-98..
The need for a special procedure for the disciplinary responsibility of judges follows from the principle of irremovability. It goes without saying that in order to ensure the independence of judges, it is necessary to furnish the imposition of disciplinary sanctions on them with conditions that would eliminate their dependence on individual bosses who have a certain attention to them. //Allpravo.Ru - 2008.p. 45.
The peculiarity of the disciplinary responsibility of judges, first of all, is the imposition of disciplinary sanctions on them without discretion. sole body, a by decision of a collegiate institution and, moreover, in a comparative narrowing for judges of the range of disciplinary sanctions applicable to them Law of the Russian Federation of June 26, 1992 N 3132-I "On the Status of Judges in the Russian Federation" .
However, the establishment of other types of disciplinary sanctions for certain categories of workers can be applied, taking into account the fact that such disciplinary sanctions should not violate the constitutional rights of citizens. - "Omega-L", 2007//SPS Garant.
So, by the decision of the Supreme Court of the Russian Federation, paragraphs "b" and "c" of part 1 and part 3 of paragraph 15; p. 17 and part 1 p. 26 of the Regulations on the discipline of railway workers of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 "On approval of the Regulations on the discipline of railway workers of the Russian Federation", were declared illegal, since the disciplinary penalty in the form of dismissal of an employee from his position with the provision of another job with his consent in the order of transfer refers to forced labor and does not comply with the law.
Thus, we see that in addition to dismissal, there are also other disciplinary sanctions, such as: a reprimand and a remark, as well as special disciplinary liability for certain categories of employees. You can also pay attention to the special procedure for imposing and removing these disciplinary penalties, which is provided for by the Labor Code of the Russian Federation, as well as the Laws and Resolutions of the Plenum of the Supreme Court of the Russian Federation.
For example, the Federal Law on the Prosecutor's Office, Article 41.7 provides for the following additional types of disciplinary sanctions:
Severe reprimand
Demotion in rank
Incomplete Service Compliance Warning
Deprivation of a badge (“for impeccable service in the Prosecutor’s Office of the Russian Federation” or “Honorary Worker of the Prosecutor’s Office of the Russian Federation”)
This law also provides for the possibility of temporary suspension of an employee of the prosecutor's office for a period of not more than one month from his position with the preservation of the monetary content for that period until the issue of imposing a disciplinary sanction is decided.
In addition to the monetary content, such an employee retains an additional payment for class rank and length of service. Suspension is carried out by order of the manager who has the right to appoint an employee to a position.
Federal Law “on the status of judges in the Russian Federation”: according to Article 12.1, a disciplinary offense is considered not only a violation by a judge of the norms of the law, but also the provisions of the Code of Judicial Ethics. There are two additional disciplinary sanctions for judges:
Warning
Early termination of powers of a judge
The decision to impose a penalty is made by the qualification board of judges, whose competence includes the decision on the termination of the powers of this judge.
The charter "on the discipline of maritime transport workers" was approved by a decree of the government of the Russian Federation of May 23, 2000.
The following additional types of disciplinary sanctions have been established:
Systematic non-fulfillment of official duties and orders of the head
Repeated disciplinary offenses
Violations of laws and other regulatory legal acts in the field of ensuring the safety of navigation, the safety of property at sea, the prevention of life-threatening situations and people's health, protection and conservation of the marine environment.
Severe reprimand
Incomplete service compliance warning. Moreover, the latter applies in the following cases:
The statutes and regulations on discipline adopted before the Labor Code of the Russian Federation not in the form of a Federal Law should be applied subject to the requirements that they do not contradict the Labor Code of the Russian Federation. For example, by decision of the Supreme Court of the Russian Federation in October 2002, subparagraph “a” of part 1 of paragraph 15, and paragraph 16 of the regulation on the discipline of railway transport workers of the Russian Federation approved by a decree of the government of the Russian Federation of August 25, 1992 were declared illegal. This decision recognized the following disciplinary sanctions as illegal and unenforceable:
Deprivation of the driver's license for the right to drive
Deprivation of the driver's license for the right to drive a trolley.
Deprivation of the assistant locomotive driver's certificate of the assistant driver.
The transfer, as a penalty, of an employee to another job in the manner prescribed by paragraph 16 of this provision is recognized as illegal.
The procedure for applying disciplinary sanctions
It applies to both general and special DO. Attracting an employee to DO today is the right, not the obligation of the employer. In the event of a disciplinary offense, the employer has the right to limit himself to non-coercive measures of educational influence. The employer is obliged to bring to disciplinary responsibility the head of the organization, structural unit and their deputies at the request of the representative body of employees.
Stages of the procedure for applying disciplinary sanctions:
1 month from the moment the misconduct was discovered (the day the immediate supervisor found out about it). This period excludes:
Employee sick time
being on leave of any kind
the time that the employer spent on taking into account the opinion of the representative body of employees
Period of criminal proceedings
Documentary or other form of fixing the fact of a disciplinary offense (memo, memorandum, drawing up a special act, video recording, audio recording)
Requesting a written explanation from the employee. If there is a possibility that the employee refuses to immediately give a written explanation about the misconduct in the name of the head of the organization, then it is necessary to issue and hand him a written request for an explanation. The requirement must be signed by the head of the employer, or another official who is entrusted with all or some of the functions of bringing to disciplinary responsibility. The demand must contain the main circumstances of the offense committed. If the employee is absent from the workplace for a long time and it is not possible to personally hand over the demand to him, then it is permissible to send this requirement at the place of residence of the employee by a letter with a description of the attachment, while it is desirable that such a procedure be provided for by the PVTR.
Drawing up an act of not providing explanations or refusing to provide a written explanation if the employee did not provide them within 2 working days after the request was delivered. The act must be drawn up by an official who is entrusted with all or certain functions to attract an employee to the DO. The act is drawn up in the presence of at least 2 witnesses. If any oral explanations were received from the employee, then it is advisable to record them in this act. Failure to provide an explanation by the employee does not prevent the employee from being involved in the DO.
Making a decision on involvement in DO and on the choice of a disciplinary sanction. At this stage, all elements of the composition of the offense on the presence of a disciplinary offense as such are analyzed. Checking compliance with deadlines:
6 months from the date of the misconduct or 2 years from the date of the misconduct if it is revealed as a result of an audit, audit of financial and economic activities, or an audit. This period does not include:
Both the first and second terms must be observed in aggregate
For each disciplinary offense, only one disciplinary sanction may be applied. When choosing the type of disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. In the event of a dispute, the employer will be required to prove that when choosing the type of disciplinary sanction, the general principles of legal responsibility (humanism, fairness, legality, proportionality, guilt, and so on) were observed. In addition to the severity of the misconduct and the circumstances of its commission, it is also recommended to take into account the previous behavior of the employee and his attitude to work. If, during the consideration of the case, the court establishes that the disciplinary offense actually took place, but the prosecution was made without taking into account the above circumstances, then it has the right to recognize the disciplinary sanction as illegal, although it cannot replace it with another measure.
Issuance of an order on the application of a disciplinary sanction and its announcement to the employee. The order is announced against signature within 3 working days from the date of issuance of the order, not counting the time the employee is absent from work. In case of refusal to familiarize with the order, the authorized person must draw up an appropriate act, see the rules above.
A disciplinary sanction can be appealed to the CCC or to the court, as well as to the state labor inspectorate.
A disciplinary sanction is paid off after a year from the date of its application to the employee, if he is not involved again in the DO. Before the expiration of this period, the penalty may be withdrawn at the employer's own initiative, at the request of the employee, at the request of his immediate supervisor or the representative body of employees.
2.2 Special disciplinary liability: concept, types of penalties, subjects
Special disciplinary responsibility differs from the general one in the following ways:
1) the circle of persons falling under its action;
2) disciplinary measures;
3) the circle of persons and bodies entitled to apply penalties;
4) according to the procedure for applying and appealing penalties.
One of the types of special disciplinary liability is liability under the charters and regulations on discipline. It applies mainly to employees of the relevant sector of the national economy, who perform the main, core work in it, as well as to employees of the central office. Charters (regulations) not only define the circle of these persons, but also indicate officials who have the right to impose disciplinary sanctions.
Employees bearing disciplinary responsibility under the charters (regulations) on discipline, along with general penalties, may also be subject to penalties provided for in the relevant charter (regulation). For example, the Charter on the Discipline of Maritime Transport Workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000, introduced such a disciplinary sanction as a warning about incomplete official compliance, which is applied in cases of: a) systematic failure to fulfill official duties and orders of the head; b) repeated commission of disciplinary offenses; c) violations of laws and other regulatory legal acts on the issues of ensuring the safety of navigation, the safety of property at sea, the prevention of situations that threaten human life and health, the protection and preservation of the marine environment.
The Charter on the Discipline of Fishing Fleet Workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000, provides for the withdrawal of diplomas from captains and officers of the fishing fleet for a period of up to 3 years with the consent of the employee to another job for the same the term, taking into account the profession (specialty), for violation of labor discipline, which created a threat to the safety of navigation, the life and health of people at sea, pollution of the environment, as well as for gross violation of the rules of fishing.
On the basis of special provisions, disciplinary responsibility is also borne by senior officials elected, approved or appointed to positions by the highest bodies. state power and administration of the Russian Federation.
The basis for the application of disciplinary liability is a disciplinary offense, which is considered in accordance with Part 1 of Article 57 of the Federal Law "On the State Civil Service of the Russian Federation" as "non-performance or improper performance by a civil servant through his fault of the duties assigned to him." In this case, the following types of disciplinary sanctions may be applied to the civil servant: reprimand; rebuke; warning about incomplete official compliance; dismissal from a substituted civil service position; dismissal from the civil service on the grounds provided for by the Federal Law "On the State Civil Service of the Russian Federation".
The list of disciplinary sanctions specified in this Law is somewhat different from the list presented in Labor Code RF. So, for example, it does not contain such a type of penalty as a warning about incomplete official compliance.
Despite the fact that such penalties as a remark and a reprimand are of a moral nature, nevertheless they are disciplinary sanctions with all the ensuing legal consequences.
Disciplinary liability arises for a culpable unlawful action or inaction, violation of duties in the service, causing damage to official order, i.e. for the commission of a disciplinary offense by a specific person. In addition, in accordance with the Federal Law "On the State Civil Service of the Russian Federation" (Article 15), civil servants are also subject to disciplinary liability for the execution of an illegal order. In this case, not only the civil servant who executed such an order, but also the leader who gave this order, is subject to disciplinary liability. In addition, other types of liability may be imposed on them: civil, administrative or criminal liability.
For other acts not related to the performance of labor duties, a disciplinary sanction cannot be imposed. Often, managers apply disciplinary sanctions for misbehavior of a civil servant in everyday life or in connection with bringing them to administrative responsibility, for example, for disobeying a lawful order of a police officer, for petty hooliganism and other offenses not related to labor activity and committed by him outside working hours and outside the instructions of the employer. Disciplinary sanctions in such cases cannot be applied, since they are not related to the official activities of a public civil servant.
Disciplinary liability is characterized by the following features: commission by a person of an official (disciplinary) offense and the relationship of subordination of the person on whom the disciplinary sanction is imposed, and the person imposing this sanction.
The grounds and conditions for disciplinary liability, types of disciplinary sanctions, the powers of executive authorities and managers to impose them, as well as the procedure for their application and appeal, depending on the type of public service, are established by federal laws, charters and regulations on discipline, regulations internal organization federal executive authorities and other acts.
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