COMBINATION OF DISCIPLINARY AND ADMINISTRATIVE RESPONSIBILITY OF LAW ENFORCEMENT OFFICERS

  • Т.А. Malykhina
    • Academy of the Interior Ministry of Russia
Keywords: disciplinary proceedings, disciplinary responsibility, disciplinary offense, internal affairs bodies

Abstract

The paper deals with the question of the legality of imposing on police officers for committing an administrative offense both disciplinary action and the application of administrative punishment, i.e. the question of cumulation of administrative and disciplinary action. The author discusses features implemented in the practice of the disciplinary bodies of internal affairs in cases of employee wrongful acts containing signs of both an administrative offense and an offense defaming the honor of a law enforcement officer, as a form of disciplinary misconduct. In addition, the author considers administrative offences committed by an officer and related to the improper performance of his duties. Analysis of the procedure to attract a police officer to disciplinary action in connection with the commission of administrative offenses for which administrative responsibility on general grounds is fixed, makes it possible to conclude that the institution of disciplinary responsibility for committing illegal acts, containing only signs of administrative offenses, and containing no signs of misconduct, is illegal and is not conducive to the implementation of such principles of disciplinary proceedings as validity and fairness.

References

Received 2015-04-22
Published 2015-11-25
Section
Jurisprudence
Pages
154-159