Open AccessStages of Disciplinary Proceedings for Civil Servants of the Russian Federation
Author(s) -
Э. Л. Лещина
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.132.11.020-031
Subject(s) - discipline , enforcement , commission , civil servants , element (criminal law) , law , variety (cybernetics) , political science , process (computing) , sociology , computer science , politics , artificial intelligence , operating system
The paper examines the content and structure of law enforcement in connection with the commission of disciplinary offenses by civil servants through the implementation of procedural norms of disciplinary proceedings that represents one of the forms of enforcing social and, as a variety of them, law rules. The author characterises such an independent element of the legal process as the stages of procedural hearings, shows the correlation for differentiation between their content and the main stages of law enforcement. The author analizes approaches to determining the stage of the legal and administrative procedure, highlights their features and proposes to apply the results of the analysis to determining the stage of hearings in disciplinary cases. The author shows the points of view of specialists on the system and types of the main and optional stages of proceedings in disciplinary cases brought against civil servants, substantiates the criteria underlying the selection of a certain procedural stage, their functional role in proceedings and draws a conclusion about the types of stages of proceedings in disciplinary cases. The paper substantiates the opinion that the revision of a disciplinary case as a separate, independent stage, not included in the structure of this proceeding, is possible through the resolution of a public service dispute. In conclusion, the author characterises the existing procedure (model) of proceedings for the imposition of a disciplinary sanction that can be simplified and ordinary (complete).