The article will talk about incomplete official compliance. The legislation provides for various types of liability for the commission of any illegal actions. Violations made during official (labor) activities entail certain disciplinary sanctions. One of them is the announcement of a warning about incomplete official compliance.
79-FZ
This normative act contains article 57, which establishes a list of disciplinary sanctions that may be imposed on public servants. If an official commits an offense, his employer has the right to declare reprimands, remarks, warnings about incomplete official compliance.
The most severe penalty is dismissal. Disciplinary offenses include failure to perform or improper performance by civil servants of their official duties.
Disciplinary charter and 76-FZ
Many are wondering what are the consequences of incomplete police compliance? The law “On the status of military personnel” provides for the responsibility of these citizens for misconduct. It comes if a person violates public order or military discipline.
The consequences resulting from incomplete official compliance of citizens who are military personnel are determined by the Disciplinary Charter of the Armed Forces and 76-FZ.
The first article of the Charter reveals the concept of military discipline. In accordance with it, military discipline is the strict and precise implementation of the order and rules, which are fixed by law, military regulations, orders of commanders (commanders). If a violation of the established requirements occurs, the perpetrator will be subject to liability measures that are proportionate to the gravity of the offense.
The consequences of incomplete police compliance can be very serious.
The concept
Normative acts do not give a clear definition of this concept. But legal documents reflect the criteria that citizens must meet who are accepted for public service or in the ranks of the armed forces. Performance appraisal is carried out by certification.
Based on the established requirements, it can be concluded that incomplete service compliance occurs if a citizen has an insufficient level:
- Ability to manage subordinates. That is, it cannot combine providing care for subordinates and high demands.
- Organizational activity, the ability to identify key areas in ensuring their own activities, to act skillfully in complicated situations, the ability to perform the tasks that are set in a high-quality manner.
- Demanding on oneself and subordinates, diligence, personal discipline.
- Knowledge of one’s own duties, readiness for their fulfillment, vocational training.
If we talk about military personnel, then the following can be considered an incomplete match:
- Inadequate performance and physical training, inadequate health, established by the medical commission.
- Insufficient assessment of the state of the department, unit, site, which is managed (commanded) by a citizen.
As a rule, a citizen is declared incomplete official compliance, if he unfairly complies with the requirements of the law, has insufficient discipline.
A warning
So, the employee is reprimanded, severely reprimanded and incomplete official compliance.If the employer warns the person of incomplete compliance, then he indicates the following:
- That employee activities have a low organization.
- That the employee is acting in bad faith in the performance of his duties.
The main objective of such a disciplinary measure is to prevent the employee from committing gross misconduct that is regulated by law. In addition, the employer indicates to the employee the need to eliminate violations, due to which he received a warning about incomplete compliance. If he does not comply with the requirements, certain consequences may occur for the employee: he may be threatened with demotion, or he may be dismissed ahead of schedule.
Nuances
In resolving the issue of the need to issue a warning about incomplete official compliance with the Ministry of Internal Affairs, the employer must take into account certain nuances:
- The amount of damage incurred.
- The conditions under which the culprit committed an offense.
- The nature of the misconduct.
- The duration of the employee’s service, his level of knowledge of the procedure for performing his own duties.
It is worth noting that in the case of military personnel, such a disciplinary sanction can be applied exclusively to officers and warrant officers (midshipmen).
The procedure for applying disciplinary action to public servants
The reasons for declaring a non-compliance warning may be as follows:
- Absenteeism.
- Repeated failure to fulfill assigned duties.
- Intentional forgery of fake documents at the time of employment.
- Violation of the established rules of activity, which entailed serious consequences.
- Making a decision that was unreasonable, and as a result of the execution of which damage has occurred. This basis may apply exclusively to management.
- Deprivation of access to information, which is a state secret.
- A one-time gross violation of duties, which involves harm or non-compliance with the requirements of the law.
- Waste, theft, intentional damage to property.
- Presence in a state of intoxication.
General rules
In order to bring the perpetrator to justice, the fact of misconduct must be recorded. Usually, an act is drawn up for this purpose, which must be signed by two witnesses. In addition, the immediate supervisor has the right to draw up a memorandum addressed to the supervisor.
After the fact of violation has been recorded, an explanation is requested from the civil servant. The request can be delivered in person or sent by mail. The civil servant is obliged to give an explanation within 2 days. In the absence of explanations, the head draws up an act.
The circumstances of the incident are subject to official verification. Based on its results, it is supposed to draw a conclusion. Based on the data received, the head assesses the severity and nature of the misconduct, determines the amount of damage that has occurred.
Then an order should be issued, with which the civil servant should become acquainted. In addition, the manager gives explanations of what may result in incomplete compliance, what could be the consequences if the culprit does not correct the situation.
The timing
A public servant can be held liable within 1 month from the date of detection of misconduct. The following periods do not apply to this period:
- Absence of service due to a good reason.
- Conducting verification.
- Holidays.
- Temporary disability.
In cases where a violation is detected during an audit or other audit, the period during which the specified penalty may be applied may increase to 2 years. This period does not include the period of the investigation by the police.
Procedure for removing incomplete official compliance
These sanctions are valid for a year. To remove the penalty, the employee must eliminate the violation.In addition, during the year he should not commit a new offense.
Legislatively provides for the possibility of early withdrawal of penalty:
- The petition of the immediate head of the civil servant, a written statement of the employee himself.
- Leader's initiative.
If we are talking about military personnel, the penalty is withdrawn in accordance with the Disciplinary Statute, that is, article 35 contained therein. Removal of the penalty is allowed if it is established that the soldier performed the duty exemplarily and the educational function of the penalty was implemented. What else do you need to know about recovery in the form of incomplete official compliance?
Important points
In accordance with Art. 106 of the aforementioned Charter, a disciplinary sanction may be withdrawn from a soldier due to the expiration of the term. But this rule does not apply to cases of incomplete compliance. The fact is, if incomplete official compliance is declared, this implies that a probationary period will be set before which the person has to eliminate the violation.
More stringent measures
If the instructions of the military leadership are not fulfilled, they may demote him or dismiss him ahead of schedule. However, dismissal can only be considered legitimate if the culprit does not correct the situation as an independent disciplinary offense.
Exceptions
76-ФЗ and 79-ФЗ do not establish cases in which disciplinary sanctions in the form of incomplete official compliance cannot be imposed on the perpetrators. Among them is a warning of incomplete compliance. This means that a similar preventive measure can be applied to absolutely any civil servant and military man. But such a conclusion is not entirely true.
Penalties such as remarks, warning, reprimand, severe reprimand can be applied to the guilty only if there is reason for it. But it is worth noting that single mothers, pregnant women, and other persons with socially unprotected status cannot be dismissed from military and public service. If such persons are dismissed, this contradicts not only the Labor Code, but also the provisions of the Constitution of the Russian Federation.
Conclusion
A citizen to whom the order on incomplete official compliance was applied has certain guarantees that are regulated by legislative acts. In particular, a citizen has the full right to appeal to the court to appeal against the decision. Practice shows that, as a rule, dismissals are subject to appeal. If we talk about incomplete compliance, then usually civil servants and the military tend to change their own behavior, fearing that a more strict penalty will be applied.
Undoubtedly, the employee has the right to challenge the recovery in court, if he is confident that he did not commit a violation, but committed actions in full accordance with the existing regulations. But it is worth noting that, as a rule, citizens receive comments, reprimands and warnings deservedly, and therefore do not appeal to higher instances and courts.
Conclusions from all that have been said can be made as follows:
- Adverse consequences of incomplete compliance, i.e. demotion and dismissal, may occur no earlier than a year after the warning of incomplete compliance.
- The reason for dismissal if an employee does not want to correct the situation after a year can only be a failure to fulfill the contract, but not a warning.
The warning may be accompanied (by decision of the head) with a partial or complete deprivation of certain payments provided for the employee at the legislative level.