The legislation provides for different types of liability for the commission of certain illegal actions. Violations committed in the framework of labor (official) activities entail the imposition of disciplinary sanctions. One of them is the announcement of incomplete official compliance. What this measure means and what the consequences entail, we learn from the article.
Federal Law No. 79
This normative act contains Art. 57, establishing a list of disciplinary sanctions for civil servants. For committing an offense by an official, the employer has the right to declare:
- Rebuke.
- Comment.
- Incomplete compliance warning .
The most severe penalty is dismissal.
A disciplinary offense is considered improper performance or non-performance by a public servant of the official duties entrusted to him.
Federal Law No. 76 and the Disciplinary Charter
The Law "On the Status of Military Personnel" provides for liability for the misconduct of these citizens. It occurs when a person violates public order or military discipline.
The consequences of incomplete official compliance of military personnel are determined not only in Federal Law No. 76, but also in the Disciplinary Rules of the Armed Forces, approved by Presidential Decree No. 2140 of 1993.
The 1st article of the Charter reveals the concept of military discipline. In accordance with the norm, it is called the exact and strict implementation of the rules and order enshrined in the legislation, military manuals, orders of commanders (commanders). In the event of a violation of the prescribed requirements, the perpetrators are subject to liability measures commensurate with the gravity of the misconduct.
What does incomplete service match mean?
There is no clear definition of this concept in normative acts. However, the legal documents contain criteria that must be met by persons employed in the civil service or in the ranks of the Armed Forces. Service compliance is assessed as part of the certification.
Based on the established requirements, it can be determined that incomplete service compliance occurs when the level is insufficient:
- vocational training, knowledge of their duties, willingness to fulfill them;
- personal discipline, diligence, exactingness to subordinates and oneself;
- organization in work, the ability to highlight a key area in ensuring their activities, the ability to perform tasks in a quality manner, and to act skillfully in difficult conditions;
- Ability to manage subordinates, combining high demands and providing care for employees.
As for the military, the following will also be considered as incomplete compliance:
- An insufficiently complete assessment of the state of the unit commanded by the person or the site for which the citizen is responsible.
- Inadequate health, established by medical conclusion, inadequate physical training and working capacity.
In general, it can be said that incomplete official compliance is declared in case of unfair execution of the requirements of the law, lack of discipline of the person.
Warning
Warning of incomplete official compliance , the employer shall indicate to the official about:
- Low organization of employee activities.
- Unfair attitude to the performance of duties.
The objective of this disciplinary measure is to prevent the commission of gross misconduct specified in the law and other regulations. In addition, the employer imposes on the person the obligation to eliminate violations in connection with which the employee was declared incomplete official compliance. The consequence of failure to comply with the requirements may be demotion or early dismissal.
Nuances
When deciding on the need for an announcement of incomplete official compliance , the employer must consider:
- The nature of the misconduct.
- The conditions under which the perpetrator committed it.
- The amount of damage caused.
- Duration of service, level of knowledge of the procedure for the performance of their duties.
If we talk about military personnel, then the disciplinary action in question can be applied only to warrant officers (midshipmen) and officers.
The procedure for applying measures to public servants
The grounds for declaring incomplete service compliance are:
- Repeated failure to fulfill assigned duties.
- Absenteeism.
- Deliberate provision of fake documents upon admission to the service.
- Violation of the rules of performance, which entailed serious consequences.
- Deprivation of data representing state secrets.
- The adoption of an unreasonable decision, the execution of which entailed damage. This basis applies only to management.
- A gross one-time violation of duties, associated with failure to comply with legislative requirements or causing harm.
- Being in office while intoxicated.
- The commission of embezzlement, theft, intentional damage to property.
General rules
First of all, in order to hold the perpetrator accountable, the fact of committing an offense must be recorded. As a rule, an act is drawn up and signed by 2 witnesses. In addition, the immediate superior of a civil servant can write a memorandum in the name of management .
After fixing the fact, a civil servant is sent a request for an explanation. It can be mailed or handed in personally by signature.
Within two days, the civil servant must provide his explanations. If this is not done, the manager draws up an act.
In the circumstances of the incident , an internal audit is carried out. Based on its results, a conclusion is drawn up.
Based on the information received, the leader assesses the nature and severity of the misconduct, determines the amount of damage.
After that, an order is issued. The civil servant should be acquainted with him. In addition, the manager explains to him what the threat of incomplete service compliance is and what will be the consequences if the person does not correct the situation.
The timing
It is possible to hold a civil servant accountable within a month from the date of the fact of misconduct. This period does not include periods:
- Temporary disability.
- Holidays.
- Conducting verification.
- Absences from service for good reason.
If a violation was discovered during the audit or other audit, the period during which the penalty can be applied is increased to two years. This period does not include the time of the criminal investigation.
When do they remove incomplete service compliance?
The duration of the sanction is 1 g. To remove the penalty, the employee needs to correct the violation. In addition, he must not commit new offenses during the year.
The legislation, however, allows for early withdrawal of the penalty for:
- Leader's initiative.
- A written statement from a civil servant or a petition from his immediate superior.
As for the military, the removal of the penalty is carried out in accordance with Art. 35 Disciplinary Charter. This is allowed if it is established that the educational function of the sanction was realized, and the soldier corrected himself by the exemplary performance of the duty.
Important point
According to article 106 of the Charter, disciplinary sanction can be removed from the soldier in connection with the expiration of the term. However, this rule does not apply to cases of declaration of incomplete compliance. The fact is that this sanction involves the establishment of a trial period during which a person must correct the violation.
Replacing more stringent measure
If a soldier has not complied with the instructions of the management that exacted him, he may be demoted or prematurely dismissed. Meanwhile, the dismissal will be considered legitimate if the person’s misconduct is considered as an independent disciplinary offense.
Exceptions
In Federal Law No. 76 and No. 79 there are no cases when disciplinary sanctions cannot be imposed on the perpetrators, including a warning of incomplete compliance. Consequently, liability measures can be applied to absolutely all military personnel and civil servants. Meanwhile, this conclusion is not entirely true.
Penalties such as reprimands, warnings and remarks may be applied to the perpetrators in any case if there are grounds for that. However, pregnant women, single mothers, and some other persons classified as socially unprotected cannot be dismissed from either state or military service. Dismissal in such situations would contradict not only the provisions of the Labor Code, but also the Constitution.
Finally
The person to whom the penalty is applied has a number of guarantees established by law. In particular, the subject has the right to challenge the decision of the head in court. As practice shows, dismissals are mainly appealed. As for the announcement of incomplete compliance, employees tend to seek to rectify their behavior under pain of stricter liability.
Of course, the subject can challenge the decision if he is sure that he did not commit violations, and his actions were fully consistent with the established requirements. Usually, warnings, reprimands, and comments are made lawfully for specific violations.