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Theoretical and legal aspects of understanding definitions of disciplinary responsibility

https://doi.org/10.35854/2219-6242-2023-1-131-138

Abstract

The authors analyzed the peculiarities of bringing disciplinary penalties in organizations of various types. Given the ambiguities and variations in this area, an effective legal assessment must be made of each employer. However, general principles enshrined in normative legal acts of various levels must not be forgotten. In addition, philosophical questions arise as to the fairness of the disciplinary measures imposed. Moreover, the analysis of controversial situations and the way out plays an important role. The paper gives an example from practice within the research related to the imposition of disciplinary penalties in the federal executive authority. The Ministry of the Russian Federation for Civil Defense, Emergencies, and Elimination of Consequences of Natural Disasters was chosen as such an authority. The various precedents and discrepancies in certain regulations create new areas of interest for legal science as a whole and for its separate branches. In preparing this paper, the authors used several methods inherent in legal research, in particular, general methods, methods of analysis, and philosophical methods.

About the Authors

A. B. Chernykh
St. Petersburg University of Management Technologies and Economics
Russian Federation

A. B. Chernykh — PhD in Sociology, Associate Professor at the Department of Labor Law and Social Security

44A Lermontovskiy Ave., St. Petersburg 190103



N. V. Ostudin
National Center for Crisis Management of the Ministry of Emergency Situations of Russia
Russian Federation

N. V. Ostudin — PhD in Technical Sciences, Head of the Department of Space Monitoring

1 Vatutina St., Moscow 121357



References

1. On the application by the employer of disciplinary sanctions in case of non-performance or improper performance by the employee of his duties. Letter of the Ministry of Labor and Social Protection of the Russian Federation dated September 16, 2016 No. 14-2/V888. Garant.ru. URL: https://www.garant.ru/products/ipo/prime/doc/71402296/?ysclid=lg3iwm1r6r191481076 (accessed on 20.02.2023). (In Russ.).

2. Labor Code of the Russian Federation. Federal Law No. 197-FZ of December 30, 2001 (as amended on January 1, 2018, with amendments and additions, effective from January 1, 2018). Konsul'tantPlyus. URL: https://www.consultant.ru/document/cons_doc_LAW_34683/ (accessed on 20.02.2023). (In Russ.).

3. On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 (as amended on November 24, 2015). Konsul'tantPlyus. URL: https://www.consultant.ru/document/cons_doc_LAW_47257/?ysclid=lg3j05bfxv453843974 (accessed on 20.02.2023). (In Russ.).

4. On service in the federal fire service of the State Fire Service and amendments to certain legislative acts of the Russian Federation. Federal law of May 23, 2016 No. 141-FZ. Konsul'tantPlyus. URL: http://www.consultant.ru/document/cons_doc_LAW_198195/ (accessed on 20.02.2023). (In Russ.).

5. Decision of the Oktyabrsky District Court of Arkhangelsk dated April 18, 2017 in case No. 2-1947/2017. Sudebnye i normativnye akty RF. URL: https://sudact.ru/regular/doc/ rlafBfzyEYV8/?ysclid=lg3j8bsuwf254287566 (accessed on 20.02.2023). (In Russ.).


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For citations:


Chernykh A.B., Ostudin N.V. Theoretical and legal aspects of understanding definitions of disciplinary responsibility. Sociology and Law. 2023;15(1):131-138. (In Russ.) https://doi.org/10.35854/2219-6242-2023-1-131-138

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ISSN 2219-6242 (Print)