Dobrobaba M.B. —
Service delictness: A concept and a meaning for disciplinary policy formation within the system of public service of the Russian Federation
// Administrative and municipal law. – 2016. – ¹ 4.
– P. 299 - 304.
DOI: 10.7256/2454-0595.2016.4.16843
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Abstract: The research object is the institution of disciplinary liability of public officers of the Russian Federation and the related category “service delictness”, which, in spite of its theoretical and practical importance for the public service system improvement, hasn’t been sufficiently justified and studied within the framework of the legal science. The research subject is legal regulation of the system of public administration and public service in the Russian Federation, and the statistical data serving as a basis for the conclusion about the growth of service delictness within the system of public service, thus conditioning the need for the use of a system and a balanced approach when developing and implementing the concept of disciplinary policy in public administration, which is the direction of public service development. The research methodology is based on the dialectical principles of the system approach to the analysis of processes and phenomena and the universal linkage and development. On the base of the study the author substantiates the necessity to form the concept of a common disciplinary policy within the public service system of the Russian Federation, defines the system approaches to its implementation, reveals the essence of the scientific category “service delictness”, establishes the link between service delictness and disciplinary policy within the public service system of the Russian Federation.
Dobrobaba M.B. —
The problem of improving the system of disciplinary penalties applied within official delictual disciplinary relations
// Administrative and municipal law. – 2016. – ¹ 1.
– P. 51 - 59.
DOI: 10.7256/2454-0595.2016.1.15947
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Abstract: The subject of the study is disciplinary penalties imposed on public servants within official delictual disciplinary relations. The author analyzes the current system of disciplinary penalties imposed on state civil servants, military personnel and law enforcement officers. Particular attention is paid to the nature of disciplinary sanctions, the possibility of determining the extent of their impact on offenders. The author examines the individual types of disciplinary penalties, including demotion, in the sphere of the internal affairs, and dismissal, as a disciplinary penalty, identifies the shortcomings of legal regulation of these matters. The author applies the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, logical analysis, and the method of comparative jurisprudence. The novelty of the research lies in substantinating the necessity to expand the list of disciplinary penalties with punishments, having a material nature and consisting in the temporary restriction or deprivation of benefits of public service, or limiting career growth. This proves the necessity to differentiate the limits of disciplinary penalties in the form of monthly financial incentives cut, depending on the category of the disciplinary offense. It is proposed to exclude from the list of disciplinary sanctions, imposed on the officials of internal affairs agencies, such a type of disciplinary penalty as a transfer to lower official positions as a penalty, not conforming to international law provisions and being a form of forced labor. The author proposes to legislate the division of disciplinary penalties into primary and secondary, taking into consideration that a single disciplinary offense can be punished with a primary or a secondary penalty. The author declares the need for establishing common grounds for particular penalties imposition for particular types of misconduct. The author substantiates the proposal about legislative restriction of financial incentives for public officials incuring disciplinary penalty.
Dobrobaba M.B. —
// LEX RUSSICA (Russian Law). – 2014. – ¹ 2.
– P. 199 - 210.
DOI: 10.7256/1729-5920.2014.2.8889
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Dobrobaba M.B. —
// Actual problems of Russian law. – 2013. – ¹ 11.
– P. 1391 - 1403.
DOI: 10.7256/1994-1471.2013.11.8937
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Dobrobaba M.B. —
// Actual problems of Russian law. – 2013. – ¹ 6.
DOI: 10.7256/1994-1471.2013.6.7701
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Dobrobaba M.B. —
// Administrative and municipal law. – 2013. – ¹ 4.
DOI: 10.7256/2454-0595.2013.4.7771
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Dobrobaba M.B. —
// Administrative and municipal law. – 0. – ¹ 0.
DOI: 10.7256/2454-0595.0.0.8769
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