Administrative liability and disciplinary liability are measures of state coercion for various offenses. Elements belong to separate parts of a person’s legal liability before the law for committed acts. Every citizen is obliged to behave in accordance with legal norms, for which he is responsible to the state and society if he harms someone. The scope of any punishment emanating from public authorities is regulated by law. Administrative responsibility and disciplinary responsibility are relied on for production violations or neglect of the rules established by the state.
Legal obligations of citizens before the law
Different status of state institutions consider cases of offenses:
- courts of law;
- prosecution authorities;
- Ministry of Internal Affairs;
- public organizations.
In order for a person to be found guilty, administrative responsibility and disciplinary liability are defined, the following conditions are necessary:
- proven fault;
- committing unlawful acts;
- causing damage.
Investigators in the commission of any type of offense, if it comes to it, it is necessary to compare the causal relationship of behavior with the results of the consequences.
What is characteristic of punishment
Legal liability is characterized by distinctive points:
- the sanction is prescribed in a specific form from legal standards;
- determination of penalties is possible when committing illegal acts and condemned by society;
- the offender receives negative consequences in the form of any deprivation unfavorable to him;
- procedural form of realization of censure.
Administrative liability and disciplinary liability can be expressed in the form of a fine, arrest up to 15 days or an oral warning from the authorities.
How serious are the complaints
Crimes are divided according to their severity. Conviction takes place in various branches of law, and punishment happens:
- criminal - when the court considers cases of various crimes with the setting of terms of imprisonment;
- civil - legal proceedings are conducted according to the Civil Code of the Russian Federation, recovery may be for neglect of contractual obligations, infringement of the rights of another person to property.
There are still misconduct for which the legislator provided for administrative and disciplinary liability. In military units, labor, educational institutions there are service misses, omissions for no reason, defective products come from the conveyor due to theft, going to work in a state of intoxication. Each case is carefully examined on the spot, and then the team or boss decides: to confine oneself to a reprimand, to punish under the Code of Administrative Offenses of the Russian Federation.
Characteristics
Administrative offenses are punishable for prevention, so that it is not improper to commit them, they serve as a warning to others. These are loyal punishments where it is unacceptable:
- to humiliate human dignity;
- cause physical suffering;
- harm the business image.
Administrative and disciplinary liability in the Code of Administrative Offenses of the Russian Federation has many similar features. These legal elements also have distinctive features in terms of the level of punishment. For an administrative offense relies on:
- penal sanction;
- verbal warning;
- the seizure of a tool that served as a tool for the offense;
- deprivation of special rights;
- impose administrative imprisonment;
- expelled from the state foreigners and stateless persons;
- suspend activities.
The punishment under the Administrative Code is assigned by the authorities within 2 months, which are authorized to consider such cases.
What they answer and punish
The legal term in the form of disciplinary responsibility denotes the punishment imposed, the basis for it is administrative legal norms and the Labor Code of the Russian Federation. The right to impose penalties is vested in entities that have power in collectives. The sanction is approved in the following order:
- justification - for violation of the rules on the internal labor schedule;
- hierarchy - by subordination;
- basis - in accordance with the charters and regulations in force in the ministry, departments, bodies.
An example is the imposition of penalties on workers under labor law. For prisoners there are penalties for corrective labor provisions. Disciplinary actions under administrative law apply to:
- military, police;
- citizens studying at universities;
- persons placed in hospitals, special detention centers.
The collection may be canceled if there are no repeated appeals.
What is the order of the investigation?
Administrative law and disciplinary responsibility are present mainly in labor matters for misconduct in the performance of professional duties. For this type of offense, disciplinary sanctions are applied under labor law. According to current legal norms, procedural activity consists of 4 stages:
- official investigation;
- consideration of the case;
- revision of materials;
- execution of penalties.
The first stage reveals the commission of misconduct and guilt. The second step belongs to the leader, who, according to the information collected, determines the degree of punishment. The employee has the right to appeal the order, then the received complaint or information is reviewed. An authorized official is appointed to conduct a business hearing if the boss does not want to participate in it independently. The reason for the beginning of such actions is the negative information received by a team member. During the investigation establish:
- the validity of the offenses committed;
- circumstances;
- purpose and motive;
- effects;
- the blame.
The current legislation does not impose special restrictions on the actions of superiors, they can carry out:
- interview for the purpose of interviewing;
- revision
- documentary verification;
- measurement of completed volumes.
In the right of the head - to take a written explanation from the offending employee. If he refuses to give it, the proceedings shall not be terminated. An important detail: the employee is given the opportunity to explain and justify himself, thereby reducing the level of unfounded complaints. When an event is conducted by a non-official employee, he must:
- apply for a certificate;
- file a report;
- orally report the results of the investigation to the supervisor.
If the disciplinary authority is engaged in business, in their right:
- consider information on the case;
- refuse to satisfy the application for the committed act because of its inexpediency;
- admit innocence;
- make recommendations on how to work, warn, reprimand without substantial penalties;
- send documents to the trade union committee, council, commission;
- assign disciplinary and administrative responsibility at the same time;
- transfer materials to a higher organization.
If all signs of guilt are present, the materials are sent to the competent authorities for subsequent proceedings.
Time limits
Depending on the type of administrative and disciplinary responsibility and the place of their commission, there are limitation periods:
- privates and chiefs from divisions of the Ministry of Internal Affairs should be involved no later than 10 days after reporting misconduct to management;
- undergraduate and postgraduate students are given a month trial.
When the term expires without a penalty, the proceedings shall be terminated.
In what form are punished
Administrative and disciplinary liability of citizens occurs on a written order issued by the head. Light sentences can be given orally. Usually at the enterprise, the director uses measures:
- indicates by order of penalties to one person;
- punishes a group if they are guilty;
- summarizes the work done;
- transfers authority to make a decision to the commission.
The guilty party is introduced to the order, and they sign it in the same place. The differences in administrative and disciplinary liability are that they come on different occasions. Different codes of practice essentially govern misconduct: Administrative and Labor. The company may consider breach of discipline, make a comment or dismiss. The employee will go to court and be reinstated at work if there is insufficient evidence from the authorities. In contrast to administrative responsibility, the appointment of which is carried out by state bodies, they establish guilt for violation of laws and rules developed by the state:
- Traffic rules;
- fire fighting;
- customs;
- safety precautions.
Sanctions of an administrative order do not possess such rigidity as criminal nature, but they can inflict adverse consequences on the offender. In the ratio of disciplinary and administrative responsibility are next to such crimes:
- Accident;
- hooliganism;
- theft.
In each of the cases they are considered according to the agro-industrial complex. The consequences for the victims are unpleasant with a fine legal line, which the legislator considers as prevention and prevention.
Disciplinary and administrative responsibility of military personnel
There is a special talk about discipline in the Armed Forces. Only a strict order in this structure, high organization create proper combat readiness. Therefore, the command pays great attention to disciplinary responsibility, compliance with the rules. The servicemen are immediately warned that they are waiting for violations and the implementation of military disciplinary offenses. Each position is described in detail in the RF Armed Forces. The requirements of the Charter apply to any kind of troops; military units and paramilitary services are subordinate to it. Determines the degree of punishment of the commander of an ordinary or an officer. Like the civilian commander, the military leader understands the reasons for the misconduct of a subordinate, he will have to find out:
- the validity of the incident;
- guilt;
- motives;
- circumstances.
In addition, the period of service and knowledge of the orders in the unit is taken into account.
Material offenses
Disciplinary and material administrative responsibility refers to one of the separate types and is included in civil and labor law. Although in administrative law it also appears in some way. Its norms are necessary in determining the powers of officials who are to compensate for material damage of an administrative order. The employee may refuse to give the company material damage. Then the boss issues an order to withhold damage from the salary, provided that the amount is not more than the average income. The administrative procedure provides for the recovery of money for illegal increase in the cost of production. Subjects with such responsibility include the military. If the harm done by them is not involved in military duties, it means that they bear material responsibility in the general manner. In case of damage:
- military units;
- institutions with which the military had business relations during the service.
Employees of the Ministry of Internal Affairs and tax service bear property liability provided for in the contract. If they are fired for law enforcement, the cost of the form is charged. Executive power, officials have the legislative right to apply property penalties. Suppose, disciplinary and material administrative responsibility can be assigned by the chief sanitary doctors for the management of enterprises polluting the environment, producing products that led to the poisoning of the population.
In their right to demand:
- pay penalties to the local budget;
- reimburse the amount of additional costs for treatment, carry out hygiene and anti-epidemic measures.
The Arbitration Procedure Code of the Russian Federation in article 40 speaks of the possibility for administrative bodies to impose administrative penalties and penalties for property damage.
What is the responsibility of medicine
The administrative and disciplinary responsibility of health workers is completely dependent on the position held and the functions performed by them. Medical workers work in such institutions:
- clinics;
- hospitals
- sanatoriums.
They carry out certain duties in relation to patients, but for them responsibility is established according to labor legislation. The head physician can impose on the subordinate the following types of penalties:
- comment;
- rebuke;
- transfer to a position with a lower pay.
In addition to violations of labor discipline in a general manner, health workers are responsible for the recovery of patients, proper treatment, when they provide emergency medical care. They can be harmful to health:
- wrong actions;
- careless attitude to their duties;
- improper performance of professional functions.
Legal assessment of work with negative consequences is given on the discovered grounds:
- frivolity;
- negligence
- ignorance;
- lack of professional knowledge.
Job descriptions are developed for each specialty, in accordance with which physicians must carry out their activities. In addition to rights and obligations, responsibility is clearly attributed in the document. Doctors and nurses have their lives in their hands, so any petty negligence can lead to a criminal term instead of administrative responsibility and simple dismissal from work. Administrative offenses of medical workers have a wide list in the Code of Administrative Offenses of the Russian Federation:
- refusal of medical examinations and examinations;
- evasion of examinations of sexually transmitted patients;
- violations during donor activities;
- concealment of sources of infection by dangerous diseases.
All of these personnel have a special status, they are responsible to the employer, like ordinary workers, and also conscience and decency to their patients.