Open AccessThe Concept of Disciplinary Case Proceedings and Its Place in the Structure of an Administrative Procedure
Author(s) -
Eduard L. Leschina
Publication year - 2021
Publication title -
administrativnoe pravo i process
Language(s) - English
Resource type - Journals
ISSN - 2071-1166
DOI - 10.18572/2071-1166-2021-9-31-35
Subject(s) - discipline , enforcement , process (computing) , political science , administrative law , russian federation , civil servants , administration (probate law) , law , sociology , public administration , computer science , regional science , politics , operating system
Тhe article considers the existing approaches to the definition of the concept of proceedings in disciplinary cases. It is noted that among specialists there are two main points of view on the legal nature of disciplinary proceedings: 1) it acts as a law enforcement (administrative-jurisdictional) production, which is part of the structure of the administrative process, and 2) it is not included in the structure of the administrative process, refers to the material administrative law and is a form of administrative-protective activity of public administration bodies. The concept and signs of administrative and jurisdictional activity, the main elements of the procedural form of proceedings in disciplinary cases are characterized, and on this basis the characteristic features of proceedings in disciplinary cases of civil servants of the Russian Federation, its goals and objectives are determined. In conclusion, the author’s definition of proceedings in disciplinary cases is proposed.