Types of gross disciplinary offenses by military personnel. What is meant by a disciplinary offense - a list of gross violations

As is known, the employer has the right to hold the employee responsible for disciplinary offenses. In the military sphere, the same system operates, but with small, one might even say, specific features. How are military personnel held accountable? What types of disciplinary offenses exist in the military defense system? All these questions will be answered in detail in the article.

What are disciplinary offences?

The concept of a disciplinary offense is given in Article 48 of the Disciplinary Charter of the Armed Forces of the Russian Federation. This normative act characterizes the presented concept as complete or partial failure to fulfill official duties, violation public order or established discipline. A disciplinary sanction for committing a disciplinary offense is imposed only when there are no grounds for imposing administrative or criminal liability.

A military serviceman can be held accountable regardless of rank and status. It is also worth noting that it is extremely an important condition here is the presence of grounds for imposing the appropriate penalty; Simply put, a high-quality evidence base is mandatory.

Military misconduct

Disciplinary offenses are divided into subtypes (depending on their severity). The more serious the offense is considered, the more severe the punishment. Punishments are regulated Labor Code Russian Federation, since the entire military system is no different from the classic “employee-employer” scheme. At the same time, there are some other regulations that should also guide those liable for military service. This various kinds charters, regulations and other local acts.

Overlay disciplinary sanctions is handled by the military leadership. The unit commander makes decisions on the presence or absence of grounds for bringing the serviceman to justice. He also chooses the optimal measures of influence. Naturally, no one in the military sphere should go beyond the rules and norms established by law. The punishment for a particular offense must always comply with the Labor Code and the Military Regulations.

Disciplinary offenses: first group

Current legislation affecting the topic of military service regulates the main characteristics that can be used by superiors to determine the severity of the offense. In particular, the VU of the Russian Federation establishes the following gross disciplinary offenses by military personnel:

violation of the requirements of statutory communication between persons liable for military service;
absence of a citizen liable for military service at the place of duty without good reason;
failure to appear for military service after vacation, sick leave, dismissal or business trip - in the absence of valid grounds;
absence of a contract person liable for military service at the place of duty for more than four hours - without good reason.

Disciplinary offenses are quite varied. The second group of offenses will be discussed further.

Disciplinary offenses: second group

The current military legislation of the Russian Federation regulates, in addition to all of the above, the following gross disciplinary offenses of military personnel:

Thus, the list of disciplinary offenses is quite long. What can you tell us about the types of penalties for these offenses?

First group of penalties

Current legislation establishes the following types liability for violation of discipline in the military sphere:

Reprimand or severe reprimand. If a simple reprimand is an ordinary remark made in verbal form, then a severe reprimand is a remark indicating certain period; during deadline It is forbidden to violate discipline, otherwise a much more severe punishment will follow.
Deprivation of a person liable for military service who has committed an offense from another dismissal.
Warning about incomplete compliance with the military position held. This is somewhat similar to a reprimand, as it is a notice of possible removal from office.

Second group of penalties

Discovery of a disciplinary offense may entail the following types of penalties:

How does the process of bringing a military member to justice take place? This will be discussed further below.

Prosecution

For each fact of violation of military discipline, the leadership is obliged to conduct a thorough investigation. If only one serviceman was involved in the offense, then the verification is carried out upon the fact that he committed the offense, and if the offense was committed by a group of people, then the proceedings are carried out against the entire group simultaneously.

During the inspection process, management should require from military personnel written explanations what happened. At the same time, the guilty persons are not at all obliged to draw up explanatory notes - rather, they have the right to express their point of view on what happened. Refusal of a written explanation, of course, will not mean the unconditional guilt of the suspected serviceman. Disciplinary proceedings will not be closed, but will continue; in this case, management will be obliged to confirm for its part the fact of the suspect’s refusal to provide written explanations.

What specific circumstances should be examined when investigating an offense? This will be discussed further below.

Procedure for bringing to responsibility

A disciplinary offense by a serviceman entails verification based on the following basic facts:

date, place and time of the offense;
the nature of the offense (what exactly was violated, how serious the offense was);
information about the persons involved in the offense (their personal data, positions, titles, status, etc.);
conditions and motives for committing an offense (information about what exactly prompted the guilty persons to commit an offense);
circumstances confirming the guilt of the violators;
characteristics of the offending military personnel;
clarification of the consequences of the offense (in the form of action or inaction);
circumstances - mitigating or aggravating type, grounds for excluding penalties (but only if there are any);
details and facts that are somehow relevant to the consideration of the offense.

Thus, gross disciplinary offenses entail scrutiny on a variety of grounds.

Features of bringing to responsibility

When investigating a disciplinary offense, a variety of evidence can be collected, including witness testimony. They must be in writing. All documentation containing witness testimony must be attached to the materials of the internal audit. In this case, the main material may include video recordings, audio recordings, photographs, documentary or physical evidence. All these elements must be added to the expert opinions.

If there are special grounds, then the offending serviceman will undergo medical examination. His refusal to in this case will be regarded as an aggravating circumstance. Finally, if during the investigation, circumstances are discovered that indicate the serviceman is not at fault, the possibility of disciplinary action will be excluded.

At the end of the investigation, management will issue a report that will indicate all the facts indicating the guilt of the individual.

Is it possible to remove liability?

During an investigation, an internal audit may reveal certain circumstances indicating the innocence of a serviceman suspected of committing an offense. What kind of circumstances could these be? Current legislation indicates the commission of an offense in self-defense, protection of third parties (civilian or military), protection of legitimate interests and rights of the state in the event of dangerous circumstances. The main criterion in this case is the proportionality of defense and the inadmissibility of exceeding it in unreliable situations.

In addition to self-defense or defense, the legislation regulates several circumstances that exclude punishment for committing a disciplinary offense. All of them are worth highlighting further.

Circumstances excluding the imposition of liability

For committing a disciplinary offense, the employer (in this case, the commander) is obliged to impose liability. But before this, a quality check must be carried out. What circumstances can contribute to the removal of responsibility from a serviceman? Here's what the law says:

These, of course, are far from the only circumstances that exclude the imposition of liability. Here we can add the lack of direct evidence, the presence of mental disorders, as well as the famous rule “the law does not have retroactive effect.”

Is it possible to “mitigate” the punishment?

In addition to circumstances that completely exclude the imposition of liability on the guilty person, there are also mitigating circumstances. These are certain facts indicating that a disciplinary offense is a minor situation that does not have truly strong and cruel motives behind it. When conducting an investigation, the commander, or a specially created commission, takes into account a number of conditions that can “mitigate” the responsibility of the serviceman who has violated discipline. Such circumstances will be discussed below.

Extenuating circumstances

Current legislation establishes next row mitigating circumstances:

If, during the investigation, the commander decided not to take into account mitigating circumstances, relatives, colleagues of the offending serviceman, or the offender himself are able to file an appeal through special military authorities.

The disciplinary liability of military personnel is practically no different from the penalties that ordinary workers can receive. The differences lie in the specifics of service and the application of punishment. For offenses committed during the performance of their job responsibilities, and do not entail administrative or criminal liability, the management of the guilty person has the right to impose a disciplinary sanction on him.

Just as with civilian workers, in order to hold a military member accountable, his management needs to conduct an internal investigation. During its process, it is necessary to find out all the circumstances of the incident, request written explanations from the guilty person, and also collect evidence.

The serviceman who is being investigated has the right to take part in the consideration of the case, familiarize himself with the materials of the case, submit his own evidence, and give explanations. If the case concerns a serious offense and is carried out by a military court, then the accused can use the legal services of specialists to protect his own interests.

Disciplinary sanctions for military personnel, in addition to those provided for by the Labor Code (reprimand, reprimand and dismissal), include special ones that apply only to persons working in this field. They are fixed by industry regulations, such as the Disciplinary Charter of the Armed Forces of the Russian Federation.

The decision to impose a disciplinary sanction against the guilty person must be made no later than 12 months from the moment the military personnel committed the offense. After this period, the guilty person cannot be brought to disciplinary liability. This also applies to situations where the initiation of a criminal case against a serviceman was refused or it was subsequently terminated. Enforcement of the imposed penalty must also begin before the expiration of the statute of limitations. Otherwise it cannot be produced.

It must be taken into account that the imposition of a disciplinary sanction is not a basis for failure to fulfill the direct duties of an employee, except in cases of his dismissal. If demotion in rank or position was chosen as a disciplinary measure, the person must perform work in accordance with the new terms of reference.

In addition to disciplinary action for committing an offense within the framework of the implementation labor responsibilities, a serviceman may also be held financially liable if this is provided for by industry or local regulations. The process of compensation for harm is regulated by current federal legislation.

Disciplinary misconduct: what is it?

For military personnel, a disciplinary offense in accordance with Article 48 of the Disciplinary Charter of the Armed Forces of the Russian Federation is failure to fulfill (partial or complete) official duties assigned to him, violation of discipline, as well as public order.

As a measure of influence, the following types of penalties may be imposed on a military personnel who has committed an offense:

Reprimand and severe reprimand;
Deprivation of the next regular dismissal to the employee who committed the misconduct;
Issuing a warning about incomplete compliance with the military position held;
Depriving the guilty person of his insignia;
Demotion of a military personnel in rank and/or position;
Dismissal from service ahead of schedule due to improper fulfillment of the terms of the contract concluded with him;
Expulsion from a military professional educational institution;
Refusal to participate in military training;
Imposition of disciplinary arrest.

When considering the type of penalty imposed, the severity of the offense is determined based on the collected evidence and the circumstances of the incident. The evidence in this case is any documents and materials that confirm certain facts relating to the offense. Based on them, the unit commander makes a decision on the presence or absence of grounds for bringing the serviceman to justice and measures of influence.

In the process of considering an offense, the employee must be required to provide written explanations regarding the offense he committed. If you refuse to provide explanations, a corresponding act is drawn up. In this case, the commander has the right to interpret all the circumstances of the offense at his own discretion.

What gross offenses are subject to disciplinary action?

The current legislation regulating issues related to military service establishes the main characteristics that the unit commander can use when determining the degree of severity the offense committed. Thus, gross misconduct includes:

Violation of the rules of statutory communication between military personnel;
Not being at the place of duty without good reason by a citizen who is at military training or called up in the prescribed manner;
Absence from duty without good reason after the end of dismissal, business trip, sick leave or annual leave;
Absence from the place of duty of a contract military man for more than 4 hours without sufficient reasons for this.
Improper fulfillment of duties assigned in accordance with the established procedure to a citizen;
Failure to comply with the rules for performing combat and other duty, as well as garrison patrols;
Damage, destruction of property of a military unit, criminal embezzlement of funds, as well as violation of the established procedure for preserving valuables, leading to similar consequences;
Failure to comply with the procedure for handling explosives, radioactive and other hazardous substances, military weapons, ammunition, which entailed harm to the health of employees or other adverse consequences;
Violation of the rules of operation of machinery and equipment, leading to negative results;
Being on duty under the influence of alcohol, drugs or any other form of intoxication;
Actions of a manager aimed at concealing information, as well as his failure to take measures to prevent or stop a disciplinary offense by a serviceman, as well as his refusal to hold him accountable.

However, the provisions of the current legislation regarding the classification of the severity of the offense are advisory in nature. The unit commander independently decides whether to be guided by them or not. Management also needs to take into account the nature of the offense committed, and in some cases, the personal qualities of the serviceman, his attitude towards service, etc.

The procedure for bringing to disciplinary liability

For military personnel, service discipline is a fundamental element, therefore, for every violation of it, even a minor one, management must conduct an appropriate investigation. If several citizens took part in the commission of an offense, then proceedings can be carried out both in relation to the entire group at the same time, and for each offender separately.

In the process of studying the circumstances of the incident, the commander is faced with the task of determining:

Time and date of commission of the offense;
What violations were committed;
Persons who took part in the offense, their personal data, positions and titles;
Motives and conditions for committing these actions, circumstances confirming the guilt of the violators;
Characteristics of the employees being investigated;
Consequences that resulted from the illegal actions of the perpetrators or their criminal inaction;
Aggravating and mitigating circumstances, as well as grounds for excluding liability, if any;
Facts and details relevant to the consideration of the case.

During the process of conducting an internal audit, management is obliged to request written explanations from the serviceman regarding the fact of the offense he committed. However, the legislation does not oblige him to provide them. The execution of an explanatory note is the right of the employee and is given to him to express his point of view, which must be taken into account when considering the offense.

The absence of this document is not grounds for termination of disciplinary proceedings against the guilty person. Management, for its part, is obliged to confirm the fact of refusal to give explanations by drawing up a corresponding act signed by at least two witnesses.

Witness testimony can also be used as evidence, which must also be in writing. They are added to the materials of the internal audit along with expert opinions, videos, photos and audio recordings, physical and documentary evidence. If justified, honey can be produced. examination of a military personnel. In case of refusal to undergo it, this will be regarded as an aggravating circumstance.

If, during the investigation, facts were revealed indicating that the serviceman was not at fault, then the possibility of imposing a disciplinary sanction is excluded.

After all the circumstances have been clarified and a decision has been made regarding the penalty to be imposed, management must draw up a protocol indicating the person whose guilt in the offense has been proven. Employee's signature in this document is also required. If a person refuses to sign, a corresponding note is made in the protocol, and a copy is given to the guilty person.

Circumstances excluding disciplinary liability of a military personnel

In a number of cases, during the process of conducting an internal audit, the commander may identify circumstances that exclude the possibility of imposing a disciplinary sanction on the serviceman. An employee cannot be held liable for actions (inaction):

Committed in self-defense and protection of third parties, including civil ones, as well as their legitimate rights and interests of the state in the event of dangerous circumstances. In this case key point when qualifying an offense, there will be a determination of the proportionality of the defense, that is, the inadmissibility of exceeding it.
Carried out by order or command of management.
Related to the detention of criminals for their subsequent transfer to authorities.
If their benefit to society has been proven, and the purpose perfect deed was the prevention of adverse events, posing a threat life, health, interests of citizens or the state.
They were committed under duress, as a result of which the serviceman could not fully control himself and control his actions.

In addition, prosecution is not allowed in the absence of direct evidence confirming the commission of an offense. Also, it is impossible to impose a penalty on persons who have committed an offense due to psychological disorder. In addition, it is prohibited to bring to disciplinary liability under a provision of law that has lost force and after the statute of limitations for the offense committed has expired.

In addition to circumstances that exclude the possibility of prosecution, there are also facts that make it possible to mitigate or aggravate the punishment. The first includes the state of passion, the confession of the serviceman who committed the offense, his sincere repentance and the implementation of actions to prevent negative consequences from the offense committed.

Aggravating circumstances include repeated commission of disciplinary offenses, mass riots, use of narcotic and other substances, causing the condition intoxication.

All facts that are relevant to the offense in question are taken into account by management when making the final decision.

Civil servants, like any employee, need to fulfill certain obligations. If there is a fact when job responsibilities improperly executed or observed non-fulfillment, the civil servant bears responsibility, as this is considered a disciplinary offense. In Article 57 of the Law “On State Civil Service” Russian Federation» a list of gross disciplinary offenses is indicated. It is as follows:

absenteeism (occurs when absent for more than 4 hours without good reason);
alcohol or drug intoxication;
disclosure of official secrets;
theft or damage to someone else's property;
actions that caused severe consequences(for example, accident, accident);
guilty actions when servicing commodity and monetary assets, due to which the employer’s trust in the employee was lost.

This list gross misconduct entails Negative consequences for civil servants, because of which they are held accountable.

Disciplinary liability of civil servants for misconduct

It must be indicated that a disciplinary offense is a violation of discipline by an employee for which liability is provided. Article 14 Federal Law"About the Basics" civil service Russian Federation" is used to determine disciplinary liability provided for civil servants. Committing official misconduct involves the following penalties:

comment;
rebuke;
severe reprimand;
warning about incomplete professional compliance;
dismissal.

Correct penalties are reprimand and reprimand. This is so-called criticism of a civil servant, disapproval of his actions. For a minor violation committed for the first time, a reprimand is usually applied, but if this is a repeated offense, then a reprimand is issued, which is considered a more severe type of punishment. A warning is also almost no different from previous penalties. It is usually associated with the results of certification.

Dismissal is applied in case of gross violations provided for by law. This is the most severe penalty, information about which is written in work book. In this case, the manager especially needs to comply with the procedure for applying this penalty.

How long ago can a disciplinary sanction be applied for an offense?

What is the statute of limitations for disciplinary action? The question of fact is answered by Article 193 of the Labor Code of the Russian Federation. The statute of limitations is only a month. It is important to take into account that the employee may be on vacation or sick leave. There is also an internal audit. This time is not taken into account in the limitation period for collection. Then the maximum period for which the penalty is applied is 6 months.

There are cases when it is not possible to detect a violation immediately, for example, due to an audit or other inspection related to economic activity. What is the statute of limitations in this case? The situation that has arisen becomes a reason for extending the statute of limitations to two years.

The difference between an administrative offense and a disciplinary offense

These administrative and disciplinary offenses do not pose a public danger, however, they have a number of differences. The first difference is illegality. Administrative offenses are regulated by administrative law, and those related to violation of discipline are regulated by labor law.

Differences can be traced in the subjects of misconduct, which is a citizen in case of a disciplinary violation, the responsibility of which is provided for violation of labor or service discipline, as a result of which the manager applies a certain punishment. At administrative offense a representative of the government who has no official dependence on the person who bears this responsibility is held accountable.

List of gross disciplinary offenses by military personnel 2018

Military personnel, like other citizens, are not immune from committing crimes. In 2018, the list of gross misconduct was expanded. These include:

non-compliance with the statutory rules of relationships;
unauthorized departure from a military unit;
late reporting from dismissal;
the absence of a serviceman from a unit during contract service, unless there are good reasons for this;
failure to fulfill duties;
violation of the statutory rules of internal, patrol, border, guard service, duty, while protecting public order;
destruction or damage to military property;
improper conservation of military property;
violation of rules for handling military equipment, weapons, ammunition and other dangerous items of military service;
control vehicle without taking into account the established rules, which caused harmful consequences;
state of alcoholic intoxication;
damage to a document certifying military affiliation;
violation of the procedure for leaving the Russian Federation;
violation of laws or regulations.

This list of violations is considered gross, and therefore the penalties are quite serious.

Proceedings upon the commission of a gross disciplinary offense by a military personnel

If a serviceman commits a gross violation, an investigation is conducted on the basis of Article 81 of the Disciplinary Charter of the Armed Forces of the Russian Federation. It is used to identify those responsible and determine the causes and conditions of illegal actions.

Proceedings must be documented in writing mandatory. The decision on punishment is made by the commander, and within 10 days he transfers the case materials with all attachments to a higher commander. At the end of the gross misconduct proceedings, an order is issued.

Thus, for civil servants there is a list of gross offenses that can lead to liability, including dismissal, or even arrest.

Each institution has established rules that must be observed during work activities.

For violation of these standards, company employees may be subject to criminal prosecution. In this case, only one type of punishment is applied for one offense.

It is important to identify cases of violation in a timely manner; from the moment the violation is discovered to the day the penalty is imposed, not much time should pass.

Under disciplinary offense in labor law is understood the employee does not perform his job duties properly, or complete failure from committing actions of this nature.

His distinctive characteristic is that he directly associated specifically with the exercise of authority imposed on the working citizen.

Besides this misdemeanor characterized by the following features:

illegality;
guilt;
there is a connection between the violation and its consequences.

Employee's culpability may occur due to special intent or due to negligence. In case the violation labor discipline occurred through no fault of the employee, his action cannot be considered a disciplinary offense.

Responsibility in this case rests with the person guilty of the crime.

Types according to the Labor Code of the Russian Federation

There are several types of disciplinary offenses. Each of them characterized by certain characteristics:

For example, a working citizen was not in favor of fulfilling his duties in full. After the announcement of the first penalty by the employer, there were no changes in the employee’s activities.

In this case, the manager has the right to resort to holding the employee accountable again, and to do this until the employee corrects himself.

Repeated. A situation of this nature arises if, for some time after the commission of the offense, the employee again violates the internal routine companies. In this case, the nature of the violations may be the same or different.

For example, an employee was reprimanded because he was late for work. After that, for a month he regularly appeared at workplace on time, but then he started being late again.

In this case, the employer can bring him to justice again, applying a more severe disciplinary measure.

Filmed. The period is considered to be 12 months. During this time, the working citizen must show Special attention and show your good side. If the employee has not been found to have repeated violations within a year, the offense is considered expunged.

The Labor Code of the Russian Federation provides for the possibility of a manager to remove a disciplinary sanction from an employee before its expiration.

The basis for this procedure may be various factors.

For example, flawless performance of job duties or a great contribution to the development of the company. The initiative to shorten the period of the penalty may come from both parties to the labor relationship.

What is considered a gross violation - list

In the sphere of activity of the listed employees there is the concept of gross disciplinary offense.

What is a gross violation:

violation of the rules of combat duty, guard duty, etc.;
leaving the military unit or place where it is taking place military service, without permission from management (officers are an exception);
failure to show up to work on time;
intentional damage, theft and destruction of property;
violations of rules for handling ammunition and weapons.

The list of such violations is quite extensive; it includes a significant number of items. detailed information about each of them is present in the Decrees of the President of the Russian Federation, as well as in the main document regulating circumstances of this nature - in the Appendix to the disciplinary charter of the Armed Forces of the Russian Federation.

Committing gross offenses from the above list entails punishment, which is calculated from the day the violation is discovered.

What are the disciplinary penalties for committing this?

For committing a disciplinary offense, the employer has the right to hold the employee accountable. The violator may be punished with appropriate penalties.

dismissal.

The main difference between each of them is the degree of severity. Most as a last resort The employee's punishment is dismissal.

The application of other types of disciplinary sanctions is possible only if this is provided for by the Federal Law.

Information about what action of an employee may be considered a violation of labor discipline, must be present in the company's internal documentation.

If the employer holds the employee accountable for a situation that, in accordance with regulations, is not included in the list of violations, the actions of the company’s management are considered unlawful.

In every case the employer independently decides what type of penalty to impose on the intruder. When choosing, you should be guided by an objective assessment of the situation and adhere to the procedure established by the Labor Legislation.

To impose an appropriate punishment it is necessary in the right way determine the severity of the damage caused.

Examples of disciplinary action

Exists a large number of examples of penalties. For a detailed understanding of the topic, you should familiarize yourself with some of them.

A typical example of a violation is employee being late. You don’t have to be late all the time—the manager can hold you accountable after the first late appearance to the workplace.

Basically, in such situations, the employer reprimands the employee, because a violation of this nature is not considered serious.

If the offense is repeated, the punishment may become more severe. Systematic lateness may lead to termination of the employment relationship.

Presence or showing up for work in drunk - another typical example of a disciplinary offense.

Unlike the previous case, the violation is considered serious, and one remark in this situation is not enough. An employer has the right to apply in relation to a drunk employee The most severe sanction is dismissal.

No less serious violation of labor discipline is considered theft of company property. A typical example is the theft of gasoline by employees whose duties include driving a vehicle.

Useful video

Types of disciplinary sanctions and the employer’s procedure for committing an offense by an employee are discussed in detail in this video:

conclusions

Committing a disciplinary offense is an action for which a working citizen can be held accountable.

For violation of labor discipline, the employer has the right to impose on the employee an appropriate penalty, which can be of several types.

The nature of the penalty imposed depends on the severity of the offense. The most severe punishment is dismissal.

The circumstances under which an employee’s actions can be considered a disciplinary offense must be reflected in the regulatory documentation of the enterprise.