Police officers are civil servants who are required to comply with applicable law in the course of their professional activities. When committing an offense in relation to them, a measure of punishment is chosen. The responsibility of police officers is strictly regulated by the Administrative Code and a number of other documents.
Normative base
All actions of public servants exercising control of the rule of law, as well as penalties for failure to perform their duties, are reflected in the Federal Laws and Orders. The main document regulating the responsibility of police officers is the Federal Law, approved in 2011. It is called "On Service in Internal Affairs Bodies and Amending Certain Acts of the Russian Federation."
In h. 1 Article 15 reflects information regarding the criminal liability of police officers. Part 2 regulates the procedure for the commission of an administrative offense. Part 3 describes possible violations of discipline and determines the procedure for imposing appropriate penalties.
In addition, civil servants are subject to liability. This issue is regulated by Federal Law No. 342, in particular, Art. 15 hours 5. Regarding compensation for material damage. All this is supported by the Constitution of the Russian Federation (Articles 52, 53).
The second most important document is the Code of Administrative Offenses. Section 2.5 governs the administrative responsibility of police officers. The code indicates both signs of an offense and penalties.
Administrative responsibility of civil servants: concept
This term refers to the application of sanctions to police officers, which are imposed directly for the violation of their professional duties. All possible penalties are indicated in the Code of Administrative Offenses.
Police officers are held accountable if their actions meet three criteria at once. Signs of an administrative offense:
- Wrongfulness. This criterion is fundamental. Its essence lies in the commission by the police officer of an act that is prohibited at the level of current legislation.
- Guilt. This is a characteristic that confirms the need for liability. Authorized persons carry out activities that result in confirmation or exclusion of guilt.
- The punishability. The last sign of a complete violation. This term refers to the possibility of determining a measure of punishment for a public servant.
Thus, administrative responsibility is imposed on police officers if a violation is discovered and the guilt of the authorized person is proved. At the same time, the penalty should be determined for the committed act.
When administrative responsibility is imposed
There are several conditions under which a preventive measure is taken against a police officer. Civil servants are brought to administrative responsibility in the following cases:
- For committing actions that do not comply with the rules of conduct of authorized persons.
- For the publication of orders, orders and other documents that violate existing rules, that is, do not comply with them.
- For failure to fulfill their obligations, including the exercise of control over subordinates.
- For abuse of authority.The duties assigned to police officers are reflected in regulatory documents and job descriptions.
The basis for liability is the composition of the offense.
Penalties
This issue is regulated by the Administrative Code, the Constitution of the Russian Federation and the disciplinary charter. They bring to administrative responsibility police officers whose acts are illegal.
Basic penalties:
- A warning. This is the mildest way to influence the intruder. According to the mechanism of legal relations of an administrative nature, the state does not immediately seek to firmly influence a delinquent authorized person. Naturally, this takes into account such a factor as the social danger of misconduct. If the policeman committed a minor violation, it did not pose a threat to people and the environment, and this act was carried out for the first time, this is considered extenuating circumstances. The employee receives a warning in writing.
- Administrative penalty. Its size depends on the committed violation. According to the Code of Administrative Offenses, a fine is imposed on employees who have committed acts of moderate severity, but there is no serious threat to those around them.
- Disqualification. As a rule, the basis for dismissal of a policeman is an act that defames the honor and dignity of an employee. A prime example is driving while intoxicated.
It is important to know that disciplinary action can be taken for offenses committed. A police officer, for example, will add the number of duty. Administrative arrest is not applicable to public servants.
Criminal liability
According to the current legislation, it occurs when committing misconduct that poses a danger to society. Police officers are criminalized for violations that are considered crimes against the state. These include bribery, abuse of authority, official forgery, ignoring the orders of superiors. In such situations, the regulatory document is the Penal Code.
This type of responsibility also occurs when an employee encroaches on the freedom and rights of citizens. For example, he violates the secrecy of telephone conversations, privacy, refuses to provide information.
For committing serious crimes, for example, for murder, fatal accidents, theft, etc. police officers are judged in the same way as ordinary citizens. A person’s position is not a mitigating circumstance when passing a sentence.
Material liability
She comes for damage that was caused by the employee to the internal affairs bodies. This issue is regulated not only by the Federal Law "On Police", but also by the Labor Code. According to these documents, the employee is obliged to fully compensate for the damage caused. Liability arises when committing violations in relation to ordinary citizens.
Finally
Police officers are civil servants who, regardless of their position, must be punished for misconduct. In relation to them, any type of responsibility may apply: administrative, material, disciplinary, criminal. Preventive measure is selected in accordance with the severity of the offense.