Disciplinary responsibility of a civil servant
The most common and widely used due to its direct relationship with the official status of a civil servant is disciplinary responsibility. The grounds and procedure for bringing a civil servant to disciplinary responsibility are contained in Art. 57, 58 and 59 of the Federal Law No. 79-FZ. In accordance with Art. 57 for the failure to perform or improper performance by civil servants due to his official duties (disciplinary offense) imposed on him/her, the following disciplinary sanctions may be imposed on a civil servant by a representative of the employer (body or manager having the right to appoint a civil servant to a public civil service post):
- a remark;
- warning of incomplete job compliance;
- dismissal from the civil service on the grounds established by clause 2, sub. a - paragraph 3, paragraph 5-6 part 1 of Art. 37 of the Federal Law No. 79-FZ.
As to the procedure for applying disciplinary sanctions for state employees who are on the state -
to the civil service, then the procedure established by Art. 58 and 59 (the procedure for application and removal of disciplinary punishment) of Federal Law No. 79-FZ, according to which prior to the application of disciplinary punishment, the representative of the employer, authorized to impose disciplinary sanctions, must demand from the civil servant an explanation in writing. If a civil servant refuses to give such an explanation, an appropriate act is drawn up, and the civil servant's refusal to give an explanation is not an obstacle to the application of a disciplinary penalty. Before applying a disciplinary sanction, a service check is carried out.
In Art. 59 of Federal Law No. 79-FZ establishes that in carrying out the service check must be fully, objectively and comprehensively established:
1) the fact that a civil servant has committed a disciplinary offense;
2) the fault of a public civil servant;
3) the reasons and conditions conducive to the commission of a disciplinary offense to civil servants;
4) the nature and amount of damage caused to civil servants as a result of a disciplinary offense;
5) the circumstances that served as the basis for a written application of a civil servant to conduct an internal audit.
The representative of the employer, who appointed the official check, is obliged to control the timeliness and correctness of its conduct.
The office audit is entrusted to the subdivision of the state body for public service and personnel with the participation of the legal (legal) unit and the representative of the trade union organization of civil servants of this public body.
A civil servant who is directly and indirectly interested in its results can not participate in the performance of an internal audit. In these cases, he is obliged to apply to the representative of the employer, who appointed the official check, with a written application to release him from participating in the conduct of this audit. If the specified requirement is not complied with, the results of the service check are considered invalid.
The service check should be completed no later than one month after the date of the decision to conduct it. The results of the service check are communicated to the representative of the employer who appointed the official check in the form of a written conclusion.
A civil servant with respect to whom an official check is carried out may be temporarily suspended from a substitute position while maintaining a cash position for a replaced position of the state civil service for this period.
A civil servant who is subject to an official check is entitled to:
1) give oral or written explanations, submit applications, petitions and other documents;
2) to appeal decisions and actions (inaction) of state civil servants conducting an official check to the representative of the employer who appointed an official check;
3) to participate personally or through a representative in the internal audit;
4) read at the end of the service check with a written opinion and other materials on the results of the service check, if this does not contradict the requirements of non-disclosure of information constituting a state secret and other secret protected by federal law.
In a written opinion, according to the results of an official check:
1) the facts and circumstances established by the results of the service check;
2) the proposal to apply to a civil servant a disciplinary penalty or to not apply disciplinary punishment to him.
The written opinion on the results of the official check is signed by the head of the department of the state body for public service and personnel issues and other participants in the internal audit and attached to the personal case of the civil servant who was subject to an official check.
Disciplinary punishment is applied immediately after disciplinary offense is discovered, but not later than one month from the date of its detection, excluding the time of illness of a civil servant, his stay on leave, other cases of absence from service for a valid reason, and the time for conducting an internal audit.
Disciplinary punishment can not be applied after six months from the date of committing a disciplinary offense, but according to the results of the audit of financial and economic activity or audit audit no later than two years from the date it was committed. The specified time does not include the production time in the criminal case.
For each disciplinary offense, only one disciplinary sanction may be applied. A copy of the act on the application to a civil servant of a disciplinary penalty with indication of the grounds for its application shall be handed to a civil servant on receipt within five days from the date of its publication.
A disciplinary penalty may be appealed against in writing to a civil servant by a commission of a state body for service disputes or to a court.
If within one year from the day of application of the disciplinary penalty a civil servant is subjected to a new disciplinary penalty, he is considered to have no disciplinary penalty. The latter can be withdrawn and before the expiration of one year on the initiative of the representative of the employer, or on the written application of a civil servant, or at the request of his immediate supervisor.
With disciplinary responsibility, administrative responsibility of a civil servant may be associated with the performance of his official duties.
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