Disciplinary regulations for a police officer. Federal Service of the National Guard Troops of the Russian Federation
"On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" and in order to ensure service discipline in the internal affairs bodies of the Russian Federation I decree:
1. Approve the attached Disciplinary Charter of the internal affairs bodies of the Russian Federation.
2. Establish that the Disciplinary Charter of the internal affairs bodies of the Russian Federation applies to employees of the internal affairs bodies of the Russian Federation seconded to federal executive authorities, other state bodies or organizations, taking into account the specifics of service in these bodies (organizations) established by the legislation of the Russian Federation. .
3. Establish that the director of the State Courier Service of the Russian Federation and the head of the Federal Migration Service enjoy the rights granted to the Minister of Internal Affairs of the Russian Federation in terms of the application of the Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation in relation to employees of the internal affairs bodies of the Russian Federation seconded to the State courier service of the Russian Federation and the Federal Migration Service, respectively, with the exception of the rights relating to the application of incentive measures in the form of early assignment of the next special rank or assignment of the next special rank one step higher than the special rank provided for for the position being filled in the internal affairs bodies of the Russian Federation, and the imposition disciplinary action in the form of dismissal from service in the internal affairs bodies of the Russian Federation.
4. To recognize as not valid on the territory of the Russian Federation:
Decree of the Presidium of the Supreme Soviet of the USSR of May 3, 1984 N 128-XI “On the Disciplinary Charter of Internal Affairs Bodies” (Vedomosti of the Supreme Soviet of the USSR, 1984, N 19, Art. 342);
Decree of the Presidium of the Supreme Soviet of the USSR of May 3, 1984 N 129-XI “On the Regulations on comradely courts of ordinary and commanding personnel of internal affairs bodies” (Vedomosti of the Supreme Soviet of the USSR, 1984, N 19, Art. 343).
5. This Decree comes into force from the date of its signing.
President of Russian Federation
V. Putin
Note ed.: the decree was published on the official Internet portal of legal information http://www.pravo.gov.ru 10/16/2012.
DISCIPLINARY CHARTER OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
Chapter 1. General provisions
1. This Charter is binding on employees of the internal affairs bodies of the Russian Federation (hereinafter referred to as employees).
2. This Charter defines:
A) the essence of service discipline in the internal affairs bodies of the Russian Federation (hereinafter referred to as the internal affairs bodies);
B) the duties of employees to comply with and maintain official discipline;
C) duties and rights of managers (supervisors) to maintain official discipline;
D) mandatory execution of orders and instructions of the manager (supervisor);
D) the procedure for applying incentive measures;
E) the procedure for imposing and executing disciplinary sanctions;
G) the procedure for recording incentive measures and disciplinary sanctions;
H) the procedure for appealing disciplinary sanctions.
3. Service discipline in the internal affairs bodies - compliance by the employee with those established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, this Charter, the contract, as well as orders and instructions of the Minister of Internal Affairs of the Russian Federation, orders and instructions of direct and immediate superiors (supervisors) the procedure and rules for performing official duties and exercising the rights granted to the employee.
4. Service discipline in internal affairs bodies is ensured by:
A) the personal responsibility of each employee for the performance of his official duties;
B) the employee’s compliance with the procedure and rules for performing official duties and exercising the rights granted to him, the internal official regulations of the internal affairs body (unit), the terms of the contract concluded with the employee on service in the internal affairs bodies, the rules for wearing uniforms;
C) strict execution by the employee of the orders and instructions of the manager (supervisor), given in the prescribed manner and not contradicting federal laws;
D) compliance with the requirements for official behavior of employees;
D) maintaining by the employee the level of qualifications necessary to perform official duties;
E) educating employees, developing in them high personal and business qualities, a conscious attitude to the performance of official duties;
G) the responsibility of the manager (boss) for the state of official discipline among subordinates;
H) implementation of daily control by direct and immediate managers (supervisors) over the performance of official duties by subordinates;
I) justified application by managers (supervisors) of incentive measures and disciplinary sanctions in relation to subordinates;
J) respect by the leader (boss) for the honor and dignity of subordinates.
Chapter 2. Responsibilities of an employee to comply with and maintain official discipline
5. The employee is obliged:
A) know and comply with basic and official duties, the procedure and rules for performing official duties and exercising the rights granted to him;
B) carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contradicting federal laws;
C) comply with the requirements for official conduct;
D) maintain subordination;
D) show respect to all employees, regardless of their official position and place of duty;
E) assist the manager (boss) in maintaining official discipline;
G) not to disclose information constituting state or other secrets protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
H) comply with restrictions, obligations and prohibitions, requirements to prevent or resolve conflicts of interest and fulfill the duties established for the purpose of combating corruption by Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments” in certain legislative acts of the Russian Federation", Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" and other federal laws.
6. Employees who are senior in subordination are in all cases obliged to demand from junior employees that they comply with official discipline, the requirements for official behavior, and the rules for wearing uniforms.
Chapter 3. Responsibilities of the manager (chief) in maintaining official discipline
7. In order to maintain official discipline, the manager (supervisor) is obliged to:
A) ensure compliance by subordinate employees with the legislation of the Russian Federation and official discipline;
B) clearly give orders and instructions to subordinates, check the accuracy and timeliness of their execution;
C) comply with the established procedure and conditions for serving in the internal affairs bodies, respect the honor and dignity of subordinates, and prevent infringement of their legitimate rights and interests, protectionism, and persecution of employees for personal reasons;
D) take measures to combat corruption;
E) know and analyze the state of service discipline, the moral and psychological climate in the subordinate internal affairs body (unit), take timely measures to prevent violations of service discipline by employees;
E) comprehensively study the personal and business qualities of subordinates;
G) create the necessary conditions for service, recreation and advanced training of subordinates, professional service and physical training;
H) ensure transparency and objectivity in assessing the performance of subordinates;
I) instill in subordinates a sense of responsibility for the performance of official duties;
K) set a personal example of discipline and exemplary performance of official duties;
K) take measures to identify, suppress and prevent violations of official discipline by employees, as well as the reasons and conditions for their commission.
8. Disciplinary rights granted to managers (supervisors) are determined by the Minister of Internal Affairs of the Russian Federation. The manager (chief), when temporarily performing the duties of his position, enjoys disciplinary rights for this position.
9. The manager (chief) bears personal responsibility for maintaining official discipline in the internal affairs body (division) entrusted to him.
Chapter 4. Mandatory execution of the order of the manager (boss)
10. Order of the manager (boss) - an official requirement of the manager (boss), addressed to subordinate employees, for mandatory compliance
certain actions, compliance with rules or establishment of order, regulation.
11. The order must comply with federal laws and orders of senior managers (supervisors).
12. An order given by a manager (boss) is mandatory for execution by subordinates, with the exception of a deliberately illegal order. When receiving an order that is clearly contrary to the law, the employee is obliged to follow the law. In this case, the employee is obliged to notify the manager (supervisor) who gave the obviously illegal order, or a superior manager (supervisor) about the failure to comply with the illegal order.
13. An order can be given in written or oral form, including through the use of technical means of communication, to one subordinate or a group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command.
14. The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor).
15. When giving an order, the manager (boss) must not allow abuse of official powers or their excess.
16. The manager (supervisor) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, clearly and concisely, without using language that is subject to different interpretations.
17. The manager (chief), before giving an order, is obliged to comprehensively assess the situation and take measures to ensure its execution.
18. Orders are given in order of subordination. If necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor).
19. The order of the manager (boss), with the exception of one that is clearly contrary to the law, must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. If it is impossible to execute an order, the employee must immediately notify the manager (supervisor) who issued the order.
20. The manager (boss), in order to ensure the correct understanding of the order given by him, may require its repetition, and the subordinate who received the order may turn to the manager (boss) with a request to repeat it.
21. Having executed the order, the subordinate, if he does not agree with the order, can appeal it.
22. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order and (or) his immediate supervisor (supervisor).
23. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by the legislation of the Russian Federation.
24. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution.
25. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order.
26. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order.
Chapter 5. Incentive measures and the procedure for their application
27. For the conscientious performance of official duties, achievement of high results in official activities, as well as for the successful completion of tasks of increased complexity, the following incentive measures are applied to the employee:
A) declaration of gratitude;
B) payment of a cash bonus;
C) rewarding with a valuable gift;
D) awarding a diploma of honor from the Ministry of Internal Affairs of the Russian Federation, its territorial body or division;
D) entering the employee’s name in the book of honor or on the honor board of the Ministry of Internal Affairs of the Russian Federation, its territorial body or unit;
E) awarding departmental awards;
G) early assignment of the next special rank;
H) assignment of the next special rank one step higher than the special rank provided for the position being filled in the internal affairs bodies;
I) awarding with firearms or bladed weapons.
28. Early removal of a disciplinary sanction previously imposed on an employee may be used as an incentive measure.
29. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following incentive measures may also be applied to a cadet or student, along with the incentive measures provided for in Articles 27 and 28 of this Charter:
A) granting extraordinary dismissal from the location of the educational institution;
B) establishing a personal scholarship.
30. In cases where, in the opinion of the manager (boss), it is necessary to apply incentive measures, the application of which goes beyond the scope of his disciplinary rights, he petitions for this to a superior manager (boss).
31. Incentive measures are announced by orders of the manager (boss) and communicated to the employee personally, before the formation or at a meeting (meeting). If a promotion is announced to an employee personally, the contents of the corresponding order are communicated to all personnel.
32. The incentive measures provided for in Articles 27 - 29 of this Charter are applied in the manner established by the Minister of Internal Affairs of the Russian Federation. Nomination of employees for special ranks ahead of schedule or one step higher than the special rank provided for the position being filled in the internal affairs bodies, for state awards of the Russian Federation, for encouragement by the President of the Russian Federation, the Government of the Russian Federation is carried out in the manner established by the legislation of the Russian Federation.
Chapter 6. Disciplinary sanctions, the procedure for their imposition and execution
33. The following disciplinary sanctions may be imposed on employees:
A) remark;
b) reprimand;
c) severe reprimand;
d) warning about incomplete official compliance;
e) transfer to a lower position in the internal affairs bodies;
f) dismissal from service in internal affairs bodies.
34. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following disciplinary sanctions may be imposed on cadets and students, along with the disciplinary sanctions provided for in Article 33 of this Charter:
A) appointment out of turn to a unit (with the exception of appointment to a unit security unit);
b) deprivation of the next dismissal from the location of the educational institution;
c) expulsion from an educational institution.
35. It is not allowed to impose disciplinary sanctions on employees that are not provided for in Articles 33 and 34 of this Charter.
36. Disciplinary sanctions are announced by orders. A reprimand and reprimand may be publicly announced orally.
37. The basis for imposing a disciplinary sanction on an employee is his violation of official discipline, unless otherwise provided by Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” and other federal laws. Before a disciplinary sanction is imposed, a written explanation must be required from the employee being disciplined. If the employee refuses to give such an explanation, a corresponding report is drawn up.
38. If a subordinate violates official discipline, the manager (supervisor) is obliged to warn him about the inadmissibility of such actions (inaction), and, if necessary, depending on the severity of the offense committed and the degree of guilt, impose a disciplinary sanction.
39. An employee is subject to disciplinary liability only for that violation of official discipline for which his guilt has been established.
40. Disciplinary action must correspond to the severity of the offense committed and the degree of guilt. When determining the type of disciplinary sanction, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude towards the service, knowledge of the rules of service and other circumstances. If the disciplinary offense committed is of minor significance, the manager (supervisor) may release the employee from disciplinary liability and limit himself to a verbal warning.
41. In cases where, in the opinion of the manager (supervisor), it is necessary to impose a disciplinary sanction on an employee, the imposition of which goes beyond the scope of his rights, he applies for this to a superior manager (supervisor).
42. A petition to impose a disciplinary sanction on an employee, the imposition of which goes beyond the rights of the manager (supervisor), by a superior manager (supervisor) must be implemented within three days.
43. If the request is refused, it must be, together with materials confirming the fact of violation of official discipline, returned to the manager (supervisor) who submitted it within a period that gives him the opportunity to impose a disciplinary sanction on the employee in accordance with his rights.
44. A superior manager (boss) has the right to change or cancel a disciplinary sanction imposed by a subordinate manager (boss) if it does not correspond to the gravity of the disciplinary offense committed by the employee.
45. In the event of a joint violation of official discipline by several employees, disciplinary sanctions are imposed on each employee separately and only for the violation committed by him.
46. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, a cadet or student may be assigned out of turn to no more than one outfit.
47. A repeated violation of official discipline is a violation of official discipline by an employee when he has an outstanding disciplinary sanction imposed in writing.
48. The imposition of disciplinary sanctions for offenses committed during duty, service at posts and routes is carried out only after the culprit has been replaced from duty, guard, post, patrol area or after his replacement by another employee.
49. If an employee is brought to disciplinary liability for being on duty in a state of alcohol, narcotic and (or) other toxic intoxication, to confirm the fact that the employee is in a state of intoxication, it is necessary to be guided by the results of a medical examination, and if the employee refuses to be examined, by testimony of at least two employees or other persons. Receiving any explanations from the employee until he has sobered up is not allowed.
50. An employee who has committed a gross violation of official discipline, regardless of the presence or absence of disciplinary sanctions, may be subject to any disciplinary action up to and including dismissal from service in the internal affairs bodies.
51. Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied in the event of gross or repeated violation by an employee of official discipline in the presence of a disciplinary sanction imposed on him in writing.
52. If an employee appeals a disciplinary sanction to higher managers (supervisors) or to the court, the execution of the disciplinary sanction is not suspended.
53. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is valid for one year from the date of its imposition, and a disciplinary sanction announced publicly orally is valid for one month from the date of its imposition. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is considered to be lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or from the moment of issuance of an order for reward in the form of early removal previously imposed penalty.
54. Disciplinary action on an employee is imposed by the direct supervisor (supervisor) within the limits of the rights granted to him by the Minister of Internal Affairs of the Russian Federation, with the exception of transfer to a lower position in the internal affairs bodies and dismissal from service in the internal affairs bodies of an employee holding a position in the internal affairs bodies , appointment to and release from which are carried out by the President of the Russian Federation. The Minister of Internal Affairs of the Russian Federation is obliged to inform the President of the Russian Federation about the imposition of a disciplinary sanction on an employee holding a position in the internal affairs bodies, the appointment and dismissal of which is carried out by the President of the Russian Federation.
Chapter 7. Accounting for incentive measures and disciplinary sanctions
55. Incentive measures and disciplinary sanctions, with the exception of those announced orally, are subject to recording, information about them is entered into the employee’s personal file.
56. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.
Chapter 8. Procedure for appealing disciplinary sanctions
57. An employee or citizen who previously served in internal affairs bodies has the right to appeal the disciplinary sanction imposed on him. He may submit a report (application) to the Minister of Internal Affairs of the Russian Federation or an authorized manager within three months from the date of familiarization with the order imposing a disciplinary sanction on him, and on issues of dismissal - within a month from the date of delivery of a copy of the dismissal order. The report (application) is subject to mandatory registration on the day of its submission and is considered by the above-mentioned managers within one month. An appeal against an order to impose a disciplinary sanction does not suspend its execution.
3. To establish that the director of the State Courier Service of the Russian Federation enjoys the rights granted to the Minister of Internal Affairs of the Russian Federation, insofar as it concerns the application of the Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation in relation to employees of the Internal Affairs Bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation, with the exception of the rights relating to the application of incentive measures in the form of early assignment of the next special rank or assignment of the next special rank one step higher than the special rank provided for for the position being filled in the internal affairs bodies of the Russian Federation.
57. An employee or citizen who previously served in internal affairs bodies has the right to appeal the disciplinary sanction imposed on him. He may submit a report (application) to the Minister of Internal Affairs of the Russian Federation or an authorized manager within three months from the date of familiarization with the order imposing a disciplinary sanction on him, and on issues of dismissal - within a month from the date of delivery of a copy of the dismissal order. The report (application) is subject to mandatory registration on the day of its submission and is considered by the above-mentioned managers within one month. An appeal against an order to impose a disciplinary sanction does not suspend its execution.
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In accordance with Part 2 of Article 15 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” and in order to ensure service discipline in the internal affairs bodies of the Russian Federation I decree:
1. Approve the attached application by the internal affairs bodies of the Russian Federation.
2. Establish that the internal affairs bodies of the Russian Federation apply to employees of the internal affairs bodies of the Russian Federation seconded to federal executive authorities, other state bodies or organizations, taking into account the specifics of service in these bodies (organizations) established by the legislation of the Russian Federation.
3. Establish that the director of the State Courier Service of the Russian Federation and the head of the Federal Migration Service enjoy the rights granted to the Minister of Internal Affairs of the Russian Federation in terms of the application of the Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation in relation to employees of the internal affairs bodies of the Russian Federation seconded to the State courier service of the Russian Federation and the Federal Migration Service, respectively, with the exception of the rights relating to the application of incentive measures in the form of early assignment of the next special rank or assignment of the next special rank one step higher than the special rank provided for for the position being filled in the internal affairs bodies of the Russian Federation, and the imposition disciplinary action in the form of dismissal from service in the internal affairs bodies of the Russian Federation.
4. To recognize as not valid on the territory of the Russian Federation:
Decree of the Presidium of the Supreme Soviet of the USSR of May 3, 1984 No. 128-XI “On the Disciplinary Charter of Internal Affairs Bodies” (Vedomosti of the Supreme Soviet of the USSR, 1984, No. 19, Art. 342);
Decree of the Presidium of the Supreme Soviet of the USSR of May 3, 1984 No. 129-XI “On the Regulations on comradely courts for ordinary and commanding personnel of internal affairs bodies” (Vedomosti of the Supreme Soviet of the USSR, 1984, No. 19, Art. 343).
5. This Decree comes into force from the date of its signing.
| President of Russian Federation | V. Putin |
Moscow Kremlin
Disciplinary regulations
internal affairs bodies of the Russian Federation
(approved by the President of the Russian Federation dated October 14, 2012 No. 1377)
Chapter 1. General provisions
1. This Charter is binding on employees of the internal affairs bodies of the Russian Federation (hereinafter referred to as employees).
2. This Charter defines:
a) the essence of service discipline in the internal affairs bodies of the Russian Federation (hereinafter referred to as the internal affairs bodies);
b) the duties of employees to comply with and maintain official discipline;
c) duties and rights of managers (supervisors) to maintain official discipline;
d) mandatory execution of orders and instructions of the manager (supervisor);
e) the procedure for applying incentive measures;
f) the procedure for imposing and executing disciplinary sanctions;
g) the procedure for recording incentive measures and disciplinary sanctions;
h) the procedure for appealing disciplinary sanctions.
3. Service discipline in the internal affairs bodies - compliance by the employee with those established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, this Charter, the contract, as well as orders and instructions of the Minister of Internal Affairs of the Russian Federation, orders and instructions of direct and immediate superiors (supervisors) the procedure and rules for performing official duties and exercising the rights granted to the employee.
4. Service discipline in internal affairs bodies is ensured by:
a) the personal responsibility of each employee for the performance of his official duties;
b) the employee’s compliance with the procedure and rules for performing official duties and exercising the rights granted to him, the internal official regulations of the internal affairs body (unit), the terms of the contract concluded with the employee on service in the internal affairs bodies, the rules for wearing uniforms;
c) strict execution by the employee of the orders and instructions of the manager (supervisor), given in the prescribed manner and not contradicting federal laws;
d) compliance with the requirements for official behavior of employees;
e) maintaining by the employee the level of qualifications necessary to perform official duties;
f) educating employees, developing in them high personal and business qualities, a conscientious attitude to the performance of official duties;
g) the responsibility of the manager (supervisor) for the state of official discipline among subordinates;
h) implementation of day-to-day control by direct and immediate managers (supervisors) over the performance of official duties by subordinates;
i) justified application by managers (supervisors) of incentive measures and disciplinary sanctions in relation to subordinates;
j) respect by the leader (boss) for the honor and dignity of subordinates.
Chapter 2. Responsibilities of an employee to comply with and maintain official discipline
5. The employee is obliged:
a) know and comply with basic and official duties, the procedure and rules for performing official duties and exercising the rights granted to him;
b) carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contradicting federal laws;
c) comply with the requirements for official conduct;
d) maintain subordination;
e) show respect to all employees, regardless of their official position and place of duty;
f) assist the manager (supervisor) in maintaining official discipline;
g) not to disclose information constituting state or other secrets protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
h) comply with restrictions, obligations and prohibitions, requirements for preventing or resolving conflicts of interest and fulfill the duties established for the purpose of combating corruption by Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments” in separate legislative acts of the Russian Federation", Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption" and other federal laws.
6. Employees who are senior in subordination are in all cases obliged to demand from junior employees that they comply with official discipline, the requirements for official behavior, and the rules for wearing uniforms.
Chapter 3. Responsibilities of the manager (chief) in maintaining official discipline
7. In order to maintain official discipline, the manager (supervisor) is obliged to:
a) ensure compliance by subordinate employees with the legislation of the Russian Federation and official discipline;
b) clearly give orders and instructions to subordinates, check the accuracy and timeliness of their execution;
c) comply with the established procedures and conditions of service in the internal affairs bodies, respect the honor and dignity of subordinates, and prevent infringement of their legitimate rights and interests, protectionism, and persecution of employees for personal reasons;
d) take measures to combat corruption;
e) know and analyze the state of service discipline, the moral and psychological climate in the subordinate internal affairs body (unit), take timely measures to prevent violations of service discipline by employees;
f) comprehensively study the personal and business qualities of subordinates;
g) create the necessary conditions for service, recreation and advanced training of subordinates, professional service and physical training;
h) ensure transparency and objectivity in assessing the performance of subordinates;
i) instill in subordinates a sense of responsibility for the performance of official duties;
j) set a personal example of discipline and exemplary performance of official duties;
k) take measures to identify, suppress and prevent violations of official discipline by employees, as well as the reasons and conditions for their commission.
8. Disciplinary rights granted to managers (supervisors) are determined by the Minister of Internal Affairs of the Russian Federation. The manager (chief), when temporarily performing the duties of his position, enjoys disciplinary rights for this position.
9. The manager (chief) bears personal responsibility for maintaining official discipline in the internal affairs body (division) entrusted to him.
Chapter 4. Mandatory execution of the order of the manager (boss)
10. Order of the manager (boss) - an official requirement of the manager (boss), addressed to subordinate employees, about the mandatory performance of certain actions, about compliance with the rules or about the establishment of order, regulation.
11. The order must comply with federal laws and orders of senior managers (supervisors).
12. An order given by a manager (boss) is mandatory for execution by subordinates, with the exception of a deliberately illegal order. When receiving an order that is clearly contrary to the law, the employee is obliged to follow the law. In this case, the employee is obliged to notify the manager (supervisor) who gave the obviously illegal order, or a superior manager (supervisor) about the failure to comply with the illegal order.
13. An order can be given in written or oral form, including through the use of technical means of communication, to one subordinate or a group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command.
14. The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor).
15. When giving an order, the manager (boss) must not allow abuse of official powers or their excess.
16. The manager (supervisor) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, clearly and concisely, without using language that is subject to different interpretations.
17. The manager (chief), before giving an order, is obliged to comprehensively assess the situation and take measures to ensure its execution.
18. Orders are given in order of subordination. If necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor).
19. The order of the manager (boss), with the exception of one that is clearly contrary to the law, must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. If it is impossible to execute an order, the employee must immediately notify the manager (supervisor) who issued the order.
20. The manager (boss), in order to ensure the correct understanding of the order given by him, may require its repetition, and the subordinate who received the order may turn to the manager (boss) with a request to repeat it.
21. Having executed the order, the subordinate, if he does not agree with the order, can appeal it.
22. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order and (or) his immediate supervisor (supervisor).
23. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by the legislation of the Russian Federation.
24. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution.
25. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order.
26. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order.
Chapter 5. Incentive measures and the procedure for their application
27. For the conscientious performance of official duties, achievement of high results in official activities, as well as for the successful completion of tasks of increased complexity, the following incentive measures are applied to the employee:
a) declaration of gratitude;
b) payment of a cash bonus;
c) rewarding with a valuable gift;
d) awarding a diploma of honor from the Ministry of Internal Affairs of the Russian Federation, its territorial body or division;
e) entering the employee’s name in the book of honor or on the honor board of the Ministry of Internal Affairs of the Russian Federation, its territorial body or unit;
f) awarding departmental awards;
g) early assignment of the next special rank;
h) assignment of the next special rank one step higher than the special rank provided for the position being filled in the internal affairs bodies;
i) awarding with firearms or bladed weapons.
28. Early removal of a disciplinary sanction previously imposed on an employee may be used as an incentive measure.
29. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following incentive measures may also be applied to a cadet or student, along with the incentive measures provided for in this Charter:
a) granting extraordinary dismissal from the location of the educational institution;
b) establishment of a personal scholarship.
30. In cases where, in the opinion of the manager (boss), it is necessary to apply incentive measures, the application of which goes beyond the scope of his disciplinary rights, he petitions for this to a superior manager (boss).
31. Incentive measures are announced by orders of the manager (boss) and communicated to the employee personally, before the formation or at a meeting (meeting). If a promotion is announced to an employee personally, the contents of the corresponding order are communicated to all personnel.
32. The incentive measures provided for by this Charter are applied in the manner established by the Minister of Internal Affairs of the Russian Federation. Nomination of employees for special ranks ahead of schedule or one step higher than the special rank provided for the position being filled in the internal affairs bodies, for state awards of the Russian Federation, for encouragement by the President of the Russian Federation, the Government of the Russian Federation is carried out in the manner established by the legislation of the Russian Federation.
Chapter 6. Disciplinary sanctions, the procedure for their imposition and execution
33. The following disciplinary sanctions may be imposed on employees:
a) remark;
b) reprimand;
c) severe reprimand;
d) warning about incomplete official compliance;
e) transfer to a lower position in the internal affairs bodies;
f) dismissal from service in internal affairs bodies.
34. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following disciplinary sanctions may be imposed on cadets and students, along with the disciplinary sanctions provided for in this Charter:
a) appointment out of turn to a unit (with the exception of appointment to a unit security unit);
b) deprivation of the next dismissal from the location of the educational institution;
c) expulsion from an educational institution.
35. It is not allowed to impose disciplinary sanctions on employees that are not provided for in this Charter.
36. Disciplinary sanctions are announced by orders. A reprimand and reprimand may be publicly announced orally.
37. The basis for imposing a disciplinary sanction on an employee is his violation of official discipline, unless otherwise provided by Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” and other federal laws. Before a disciplinary sanction is imposed, a written explanation must be required from the employee being disciplined. If the employee refuses to give such an explanation, a corresponding report is drawn up.
38. If a subordinate violates official discipline, the manager (supervisor) is obliged to warn him about the inadmissibility of such actions (inaction), and, if necessary, depending on the severity of the offense committed and the degree of guilt, impose a disciplinary sanction.
39. An employee is subject to disciplinary liability only for that violation of official discipline for which his guilt has been established.
40. Disciplinary action must correspond to the severity of the offense committed and the degree of guilt. When determining the type of disciplinary sanction, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude towards the service, knowledge of the rules of service and other circumstances. If the disciplinary offense committed is of minor significance, the manager (supervisor) may release the employee from disciplinary liability and limit himself to a verbal warning.
41. In cases where, in the opinion of the manager (supervisor), it is necessary to impose a disciplinary sanction on an employee, the imposition of which goes beyond the scope of his rights, he applies for this to a superior manager (supervisor).
42. A petition to impose a disciplinary sanction on an employee, the imposition of which goes beyond the rights of the manager (supervisor), by a superior manager (supervisor) must be implemented within three days.
43. If the request is refused, it must be, together with materials confirming the fact of violation of official discipline, returned to the manager (supervisor) who submitted it within a period that gives him the opportunity to impose a disciplinary sanction on the employee in accordance with his rights.
44. A superior manager (boss) has the right to change or cancel a disciplinary sanction imposed by a subordinate manager (boss) if it does not correspond to the gravity of the disciplinary offense committed by the employee.
45. In the event of a joint violation of official discipline by several employees, disciplinary sanctions are imposed on each employee separately and only for the violation committed by him.
46. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, a cadet or student may be assigned out of turn to no more than one outfit.
47. A repeated violation of official discipline is a violation of official discipline by an employee when he has an outstanding disciplinary sanction imposed in writing.
48. The imposition of disciplinary sanctions for offenses committed during duty, service at posts and routes is carried out only after the culprit has been replaced from duty, guard, post, patrol area or after his replacement by another employee.
49. If an employee is brought to disciplinary liability for being on duty in a state of alcohol, narcotic and (or) other toxic intoxication, to confirm the fact that the employee is in a state of intoxication, it is necessary to be guided by the results of a medical examination, and if the employee refuses to be examined, by testimony of at least two employees or other persons. Receiving any explanations from the employee until he has sobered up is not allowed.
50. An employee who has committed a gross violation of official discipline, regardless of the presence or absence of disciplinary sanctions, may be subject to any disciplinary action up to and including dismissal from service in the internal affairs bodies.
51. Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied in the event of gross or repeated violation by an employee of official discipline in the presence of a disciplinary sanction imposed on him in writing.
52. If an employee appeals a disciplinary sanction to higher managers (supervisors) or to the court, the execution of the disciplinary sanction is not suspended.
53. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is valid for one year from the date of its imposition, and a disciplinary sanction announced publicly orally is valid for one month from the date of its imposition. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is considered to be lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or from the moment of issuance of an order for reward in the form of early removal previously imposed penalty.
54. Disciplinary action on an employee is imposed by the direct supervisor (supervisor) within the limits of the rights granted to him by the Minister of Internal Affairs of the Russian Federation, with the exception of transfer to a lower position in the internal affairs bodies and dismissal from service in the internal affairs bodies of an employee holding a position in the internal affairs bodies , appointment to and release from which are carried out by the President of the Russian Federation. The Minister of Internal Affairs of the Russian Federation is obliged to inform the President of the Russian Federation about the imposition of a disciplinary sanction on an employee holding a position in the internal affairs bodies, the appointment and dismissal of which is carried out by the President of the Russian Federation.
Chapter 7. Accounting for incentive measures and disciplinary sanctions
55. Incentive measures and disciplinary sanctions, with the exception of those announced orally, are subject to recording, information about them is entered into the employee’s personal file.
56. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.
Chapter 8. Procedure for appealing disciplinary sanctions
57. An employee or citizen who previously served in internal affairs bodies has the right to appeal the disciplinary sanction imposed on him. He may submit a report (application) to the Minister of Internal Affairs of the Russian Federation or an authorized manager within three months from the date of familiarization with the order imposing a disciplinary sanction on him, and on issues of dismissal - within a month from the date of delivery of a copy of the dismissal order. The report (application) is subject to mandatory registration on the day of its submission and is considered by the above-mentioned managers within one month. An appeal against an order to impose a disciplinary sanction does not suspend its execution.
Document overview
The Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation was approved. It also applies to employees seconded to government agencies or organizations.
The charter defines the essence of official discipline, the responsibilities of employees to observe and maintain it, the duties and rights of managers (supervisors) to maintain discipline, the mandatory execution of orders and instructions, the rules for applying incentive measures, imposing and executing disciplinary sanctions, recording measures and penalties, and appealing the latter.
The manager (chief) bears personal responsibility for maintaining discipline in the body (division) entrusted to him.
Decrees of the Presidium of the Supreme Soviet of the USSR on the Disciplinary Charter of Internal Affairs Bodies and on the Regulations on Comrades' Courts for the rank and file of internal affairs bodies were recognized as not valid on the territory of Russia.
The decree comes into force from the date of its signing.
Approved
By Presidential Decree
Russian Federation
DISCIPLINARY CHARTER
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Chapter 1. General provisions
1. This Charter is binding on employees of the internal affairs bodies of the Russian Federation (hereinafter referred to as employees).
2. This Charter defines:
a) the essence of service discipline in the internal affairs bodies of the Russian Federation (hereinafter referred to as the internal affairs bodies);
b) the duties of employees to comply with and maintain official discipline;
c) duties and rights of managers (supervisors) to maintain official discipline;
d) mandatory execution of orders and instructions of the manager (supervisor);
e) the procedure for applying incentive measures;
f) the procedure for imposing and executing disciplinary sanctions;
g) the procedure for recording incentive measures and disciplinary sanctions;
h) the procedure for appealing disciplinary sanctions.
3. Service discipline in the internal affairs bodies - compliance by the employee with those established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, this Charter, the contract, as well as orders and instructions of the Minister of Internal Affairs of the Russian Federation, orders and instructions of direct and immediate superiors (supervisors) the procedure and rules for performing official duties and exercising the rights granted to the employee.
4. Service discipline in internal affairs bodies is ensured by:
a) the personal responsibility of each employee for the performance of his official duties;
b) the employee’s compliance with the procedure and rules for performing official duties and exercising the rights granted to him, the internal official regulations of the internal affairs body (unit), the terms of the contract concluded with the employee on service in the internal affairs bodies, the rules for wearing uniforms;
c) strict execution by the employee of the orders and instructions of the manager (supervisor), given in the prescribed manner and not contradicting federal laws;
d) compliance with the requirements for official behavior of employees;
e) maintaining by the employee the level of qualifications necessary to perform official duties;
f) educating employees, developing in them high personal and business qualities, a conscientious attitude to the performance of official duties;
g) the responsibility of the manager (supervisor) for the state of official discipline among subordinates;
h) implementation of day-to-day control by direct and immediate managers (supervisors) over the performance of official duties by subordinates;
i) justified application by managers (supervisors) of incentive measures and disciplinary sanctions in relation to subordinates;
j) respect by the leader (boss) for the honor and dignity of subordinates.
Chapter 2. Responsibilities of an employee to comply with and maintain official discipline
5. The employee is obliged:
a) know and comply with basic and official duties, the procedure and rules for performing official duties and exercising the rights granted to him;
b) carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contradicting federal laws;
c) comply with the requirements for official conduct;
d) maintain subordination;
e) show respect to all employees, regardless of their official position and place of duty;
f) assist the manager (supervisor) in maintaining official discipline;
g) not to disclose information constituting state or other secrets protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
h) comply with restrictions, obligations and prohibitions, requirements to prevent or resolve conflicts of interest and fulfill the duties established for the purpose of combating corruption by Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments” in certain legislative acts of the Russian Federation", Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" and other federal laws.
6. Employees who are senior in subordination are in all cases obliged to demand from junior employees that they comply with official discipline, the requirements for official behavior, and the rules for wearing uniforms.
Chapter 3. Responsibilities of the manager (chief) in maintaining official discipline
7. In order to maintain official discipline, the manager (supervisor) is obliged to:
a) ensure compliance by subordinate employees with the legislation of the Russian Federation and official discipline;
b) clearly give orders and instructions to subordinates, check the accuracy and timeliness of their execution;
c) comply with the established procedures and conditions of service in the internal affairs bodies, respect the honor and dignity of subordinates, and prevent infringement of their legitimate rights and interests, protectionism, and persecution of employees for personal reasons;
d) take measures to combat corruption;
e) know and analyze the state of service discipline, the moral and psychological climate in the subordinate internal affairs body (unit), take timely measures to prevent violations of service discipline by employees;
f) comprehensively study the personal and business qualities of subordinates;
g) create the necessary conditions for service, recreation and advanced training of subordinates, professional service and physical training;
h) ensure transparency and objectivity in assessing the performance of subordinates;
i) instill in subordinates a sense of responsibility for the performance of official duties;
j) set a personal example of discipline and exemplary performance of official duties;
k) take measures to identify, suppress and prevent violations of official discipline by employees, as well as the reasons and conditions for their commission.
8. Disciplinary rights granted to managers (supervisors) are determined by the Minister of Internal Affairs of the Russian Federation. The manager (chief), when temporarily performing the duties of his position, enjoys disciplinary rights for this position.
9. The manager (chief) bears personal responsibility for maintaining official discipline in the internal affairs body (division) entrusted to him.
Chapter 4. Mandatory execution of the order of the manager (boss)
10. Order of the manager (boss) - an official requirement of the manager (boss), addressed to subordinate employees, about the mandatory performance of certain actions, about compliance with the rules or about the establishment of order, regulation.
11. The order must comply with federal laws and orders of senior managers (supervisors).
12. An order given by a manager (boss) is mandatory for execution by subordinates, with the exception of a deliberately illegal order. When receiving an order that is clearly contrary to the law, the employee is obliged to follow the law. In this case, the employee is obliged to notify the manager (supervisor) who gave the obviously illegal order, or a superior manager (supervisor) about the failure to comply with the illegal order.
13. An order can be given in written or oral form, including through the use of technical means of communication, to one subordinate or a group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command.
14. The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor).
15. When giving an order, the manager (boss) must not allow abuse of official powers or their excess.
16. The manager (supervisor) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, clearly and concisely, without using language that is subject to different interpretations.
17. The manager (chief), before giving an order, is obliged to comprehensively assess the situation and take measures to ensure its execution.
18. Orders are given in order of subordination. If necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor).
19. The order of the manager (boss), with the exception of one that is clearly contrary to the law, must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. If it is impossible to execute an order, the employee must immediately notify the manager (supervisor) who issued the order.
20. The manager (boss), in order to ensure the correct understanding of the order given by him, may require its repetition, and the subordinate who received the order may turn to the manager (boss) with a request to repeat it.
21. Having executed the order, the subordinate, if he does not agree with the order, can appeal it.
22. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order and (or) his immediate supervisor (supervisor).
23. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by the legislation of the Russian Federation.
24. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution.
25. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order.
26. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order.
Chapter 5. Incentive measures and the procedure for their application
27. For the conscientious performance of official duties, achievement of high results in official activities, as well as for the successful completion of tasks of increased complexity, the following incentive measures are applied to the employee:
a) declaration of gratitude;
b) payment of a cash bonus;
c) rewarding with a valuable gift;
d) awarding a diploma of honor from the Ministry of Internal Affairs of the Russian Federation, its territorial body or division;
e) entering the employee’s name in the book of honor or on the honor board of the Ministry of Internal Affairs of the Russian Federation, its territorial body or unit;
f) awarding departmental awards;
g) early assignment of the next special rank;
h) assignment of the next special rank one step higher than the special rank provided for the position being filled in the internal affairs bodies;
i) awarding with firearms or bladed weapons.
28. Early removal of a disciplinary sanction previously imposed on an employee may be used as an incentive measure.
29. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following incentive measures may also be applied to a cadet or student, along with the incentive measures provided for in Articles 27 and 28 of this Charter:
a) granting extraordinary dismissal from the location of the educational institution;
b) establishment of a personal scholarship.
30. In cases where, in the opinion of the manager (boss), it is necessary to apply incentive measures, the application of which goes beyond the scope of his disciplinary rights, he petitions for this to a superior manager (boss).
31. Incentive measures are announced by orders of the manager (boss) and communicated to the employee personally, before the formation or at a meeting (meeting). If a promotion is announced to an employee personally, the contents of the corresponding order are communicated to all personnel.
32. The incentive measures provided for in Articles 27 - 29 of this Charter are applied in the manner established by the Minister of Internal Affairs of the Russian Federation. Nomination of employees for special ranks ahead of schedule or one step higher than the special rank provided for the position being filled in the internal affairs bodies, for state awards of the Russian Federation, for encouragement by the President of the Russian Federation, the Government of the Russian Federation is carried out in the manner established by the legislation of the Russian Federation.
Chapter 6. Disciplinary sanctions, the procedure for their imposition and execution
33. The following disciplinary sanctions may be imposed on employees:
a) remark;
b) reprimand;
c) severe reprimand;
d) warning about incomplete official compliance;
e) transfer to a lower position in the internal affairs bodies;
f) dismissal from service in internal affairs bodies.
34. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following disciplinary sanctions may be imposed on cadets and students, along with the disciplinary sanctions provided for in Article 33 of this Charter:
a) appointment out of turn to a unit (with the exception of appointment to a unit security unit);
b) deprivation of the next dismissal from the location of the educational institution;
c) expulsion from an educational institution.
35. It is not allowed to impose disciplinary sanctions on employees that are not provided for in Articles 33 and 34 of this Charter.
36. Disciplinary sanctions are announced by orders. A reprimand and reprimand may be publicly announced orally.
37. The basis for imposing a disciplinary sanction on an employee is his violation of official discipline, unless otherwise provided by Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” and other federal laws. Before a disciplinary sanction is imposed, a written explanation must be required from the employee being disciplined. If the employee refuses to give such an explanation, a corresponding report is drawn up.
38. If a subordinate violates official discipline, the manager (supervisor) is obliged to warn him about the inadmissibility of such actions (inaction), and, if necessary, depending on the severity of the offense committed and the degree of guilt, impose a disciplinary sanction.
39. An employee is subject to disciplinary liability only for that violation of official discipline for which his guilt has been established.
40. Disciplinary action must correspond to the severity of the offense committed and the degree of guilt. When determining the type of disciplinary sanction, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude towards the service, knowledge of the rules of service and other circumstances. If the disciplinary offense committed is of minor significance, the manager (supervisor) may release the employee from disciplinary liability and limit himself to a verbal warning.
41. In cases where, in the opinion of the manager (supervisor), it is necessary to impose a disciplinary sanction on an employee, the imposition of which goes beyond the scope of his rights, he applies for this to a superior manager (supervisor).
42. A petition to impose a disciplinary sanction on an employee, the imposition of which goes beyond the rights of the manager (supervisor), by a superior manager (supervisor) must be implemented within three days.
43. If the request is refused, it must be, together with materials confirming the fact of violation of official discipline, returned to the manager (supervisor) who submitted it within a period that gives him the opportunity to impose a disciplinary sanction on the employee in accordance with his rights.
44. A superior manager (boss) has the right to change or cancel a disciplinary sanction imposed by a subordinate manager (boss) if it does not correspond to the gravity of the disciplinary offense committed by the employee.
45. In the event of a joint violation of official discipline by several employees, disciplinary sanctions are imposed on each employee separately and only for the violation committed by him.
46. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, a cadet or student may be assigned out of turn to no more than one outfit.
47. A repeated violation of official discipline is a violation of official discipline by an employee when he has an outstanding disciplinary sanction imposed in writing.
48. The imposition of disciplinary sanctions for offenses committed during duty, service at posts and routes is carried out only after the culprit has been replaced from duty, guard, post, patrol area or after his replacement by another employee.
49. If an employee is brought to disciplinary liability for being on duty in a state of alcohol, narcotic and (or) other toxic intoxication, to confirm the fact that the employee is in a state of intoxication, it is necessary to be guided by the results of a medical examination, and if the employee refuses to be examined, by testimony of at least two employees or other persons. Receiving any explanations from the employee until he has sobered up is not allowed.
50. An employee who has committed a gross violation of official discipline, regardless of the presence or absence of disciplinary sanctions, may be subject to any disciplinary action up to and including dismissal from service in the internal affairs bodies.
51. Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied in the event of gross or repeated violation by an employee of official discipline in the presence of a disciplinary sanction imposed on him in writing.
52. If an employee appeals a disciplinary sanction to higher managers (supervisors) or to the court, the execution of the disciplinary sanction is not suspended.
53. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is valid for one year from the date of its imposition, and a disciplinary sanction announced publicly orally is valid for one month from the date of its imposition. A disciplinary sanction imposed on an employee by order of the Minister of Internal Affairs of the Russian Federation or an authorized manager is considered to be lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or from the moment of issuance of an order for reward in the form of early removal previously imposed penalty.
54. Disciplinary action on an employee is imposed by the direct supervisor (supervisor) within the limits of the rights granted to him by the Minister of Internal Affairs of the Russian Federation, with the exception of transfer to a lower position in the internal affairs bodies and dismissal from service in the internal affairs bodies of an employee holding a position in the internal affairs bodies , appointment to and release from which are carried out by the President of the Russian Federation. The Minister of Internal Affairs of the Russian Federation is obliged to inform the President of the Russian Federation about the imposition of a disciplinary sanction on an employee holding a position in the internal affairs bodies, the appointment and dismissal of which is carried out by the President of the Russian Federation.
Chapter 7. Accounting for incentive measures and disciplinary sanctions
55. Incentive measures and disciplinary sanctions, with the exception of those announced orally, are subject to recording, information about them is entered into the employee’s personal file.
56. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.
Chapter 8. Procedure for appealing disciplinary sanctions
57. An employee or citizen who previously served in internal affairs bodies has the right to appeal the disciplinary sanction imposed on him. He may submit a report (application) to the Minister of Internal Affairs of the Russian Federation or an authorized manager within three months from the date of familiarization with the order imposing a disciplinary sanction on him, and on issues of dismissal - within a month from the date of delivery of a copy of the dismissal order. The report (application) is subject to mandatory registration on the day of its submission and is considered by the above-mentioned managers within one month. An appeal against an order to impose a disciplinary sanction does not suspend its execution.
Home > LawDISCIPLINARY CHARTER
internal affairs bodies of the Russian Federation
I. General provisions
1. The disciplinary charter of the internal affairs bodies of the Russian Federation applies to employees of the internal affairs bodies of the Russian Federation and determines: a) the essence of service discipline in the central apparatus of the Ministry of Internal Affairs of Russia (with the exception of the Main Command of the Internal Troops of the Ministry of Internal Affairs of Russia), territorial bodies of the Ministry of Internal Affairs of Russia, educational institutions, scientific -research, medical-sanitary and sanatorium-resort organizations of the Ministry of Internal Affairs of Russia, district departments of material and technical supply of the Ministry of Internal Affairs of Russia, representative offices of the Ministry of Internal Affairs of Russia abroad, as well as other organizations and divisions created to carry out the tasks and exercise the powers assigned to internal bodies Affairs of the Russian Federation (hereinafter referred to as the internal affairs bodies); b) the duties of employees of internal affairs bodies (hereinafter referred to as employees) to observe and maintain official discipline; c) duties and rights of managers (supervisors) to maintain official discipline; d) mandatory execution of orders and instructions of the manager (supervisor); e) the procedure for applying incentive measures; f) the procedure for imposing and executing disciplinary sanctions; g) the procedure for recording incentive measures and disciplinary sanctions; h) the procedure for appealing disciplinary sanctions. 2. In accordance with Article 47 of the Federal Law dated
November 30, 2011 No. 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" service discipline in the internal affairs bodies - compliance by an employee of the internal affairs bodies established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, this Disciplinary Charter, the contract, as well as orders and instructions of the Minister of Internal Affairs of the Russian Federation, orders and instructions of direct and immediate superiors (supervisors) of the procedure and rules for the performance of official duties and the exercise of granted rights. 3. Service discipline in internal affairs bodies is ensured by: a) the personal responsibility of each employee for the performance of their official duties; b) compliance by the employee with the internal official regulations of the internal affairs body (unit), the rules for wearing uniforms; c) strict execution by the employee of the orders and instructions of the manager (supervisor), given in the prescribed manner and not contradicting federal laws; d) compliance with the requirements for official behavior of employees; e) maintaining by the employee the level of qualifications necessary to perform official duties; f) educating employees, developing in them high personal and business qualities, a conscientious attitude to the performance of official duties; g) the responsibility of the manager (supervisor) for the state of official discipline among subordinates; h) implementation of day-to-day control by direct and immediate supervisors (supervisors) over the performance of official duties by subordinates; i) justified application by managers (supervisors) of incentive measures and imposition of disciplinary sanctions against subordinates; j) respect by the leader (boss) for the honor and dignity of subordinates.
II. Responsibilities of an employee to comply with and maintain official discipline
4. The employee is obliged to: a) know and comply with official duties; b) carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contradicting federal laws; c) comply with the requirements for official conduct; d) maintain subordination; e) show respect to all employees, regardless of their official position and place of duty; m) assist the manager (supervisor) in maintaining official discipline; 5. Employees who are senior in subordination are in all cases obliged to demand from junior employees that they comply with official discipline, the requirements for official behavior, and the rules for wearing uniforms.
III. Responsibilities and rights of the manager (boss) to maintain official discipline
6. In order to maintain service discipline, the manager (supervisor) is obliged to: a) ensure that subordinate employees comply with the legislation of the Russian Federation and service discipline; b) clearly give orders and instructions to subordinates, check the accuracy and timeliness of their execution; c) comply with the established procedures and conditions of service in the internal affairs bodies, respect the honor and dignity of subordinates, and prevent infringement of their legitimate rights and interests, protectionism, and persecution of employees for personal reasons; d) take measures to prevent corruption; e) know and analyze the state of service discipline, the moral and psychological climate in the subordinate body (unit), take timely measures to prevent violations of service discipline by employees; f) comprehensively study the business, personal and moral qualities of employees; g) create the necessary conditions for service, recreation and advanced training of subordinates; h) ensure transparency and objectivity in assessing the performance of subordinates; i) instill in subordinates a sense of responsibility for the performance of official duties; j) set a personal example of discipline and exemplary performance of official duties. 7. Disciplinary rights granted to lower-level managers (supervisors) also belong to higher-level managers (supervisors). The manager (chief), when temporarily performing the duties of his position, enjoys disciplinary rights in the temporarily performed position. 8. The manager (chief) bears personal responsibility for maintaining official discipline in the department entrusted to him.
IV. Mandatory execution of the order of the manager (boss)
9. Order of the manager (boss) - an official requirement of the manager (boss), addressed to subordinate employees, about the mandatory performance of certain actions, about compliance with rules or about the establishment of order, regulation. 10. The order must comply with federal laws and orders of senior managers (supervisors). 11. An order given by a manager (boss) is mandatory for execution by subordinates, with the exception of a obviously illegal order. 12. An order can be given in writing, orally or through the use of technical means of communication to one subordinate or group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command. 13. When giving an order, the manager (boss) must not allow abuse of official powers or their excess. 14. The manager (boss) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, briefly and clearly, without the use of language that allows for different interpretations. 15. Before giving an order, the manager (chief) is obliged to comprehensively assess the situation and take measures to ensure its execution. 16. Orders are given in order of subordination. If absolutely necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor). 17. The order of the manager (boss) must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. 18. The manager (boss), in order to ensure the correct understanding of the order given by him, may require its repetition, and the subordinate who received the order may turn to the manager (boss) with a request to repeat it. 19. Having executed the order, the subordinate, if he does not agree with the order, can appeal it. 20. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order, and (or) to his immediate supervisor (supervisor). 21. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by the legislation of the Russian Federation. 22. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution. 23. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order. 24. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order. 25. An employee, having received an order from a manager (supervisor) that is obviously contrary to the legislation of the Russian Federation, without executing this order, reports this to a superior direct manager (supervisor).
V. Incentive measures and the procedure for their application
26. In accordance with Article 48 of the Federal Law
"On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" for the conscientious performance of official duties, achieving high results in official activities, as well as for the successful completion of tasks of increased complexity, the following incentive measures are applied to the employee: a) announcement gratitude; b) payment of a cash bonus; c) rewarding with a valuable gift; d) awarding a diploma of honor from the Ministry of Internal Affairs of the Russian Federation, its territorial body or division; e) entering the employee’s name in the book of honor or on the honor board of the Ministry of Internal Affairs of the Russian Federation, its territorial body or unit; f) awarding departmental awards; g) early assignment of the next special rank; h) assignment of the next special rank one step higher than the special rank provided for the position being filled in the internal affairs bodies; i) awarding with firearms or bladed weapons. 27. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following incentive measures may also be applied to a cadet or student, along with the incentive measures provided for in paragraph 28 of this Disciplinary Charter: a) provision of extraordinary dismissal from the location of the educational institution; b) establishment of a personal scholarship. 28. Early removal of a disciplinary sanction previously imposed on an employee may be used as an incentive measure. In this case, only one disciplinary sanction can be lifted from an employee at a time. 29. An incentive measure in the form of early removal of a disciplinary sanction is applied by the manager (supervisor) who imposed this penalty or by a superior manager (supervisor). 30. To apply an incentive measure in the form of early lifting of a disciplinary sanction imposed by a superior manager (supervisor), the immediate supervisor (supervisor) sends to the superior manager (supervisor) a corresponding petition to reward the employee. 31. If a disciplinary sanction is imposed on an employee in the form of a warning about incomplete official compliance, an incentive measure in the form of early removal of the imposed penalty is applied no earlier than six months from the date of its imposition. 32. The removal of a disciplinary sanction previously imposed on an employee in the event of a disciplinary sanction such as demotion is not applied as an incentive measure. 33. In cases where, in the opinion of the manager (supervisor), it is necessary to apply incentive measures that go beyond the scope of his disciplinary rights, he applies for this to the superior manager (supervisor). 34. Incentive measures are applied by orders of the manager (boss) and are announced to the employee personally, before the formation or at a meeting (meeting). 35. Nomination of employees for services to the state for state awards of the Russian Federation, for encouragement by the President of the Russian Federation, the Government of the Russian Federation is carried out in the manner established by the legislation of the Russian Federation.
VI. Disciplinary sanctions, order
their imposition and execution
36. In accordance with Article 50 of the Federal Law
“On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” the following disciplinary sanctions may be imposed on employees: a) reprimand; b) reprimand; c) severe reprimand; d) warning about incomplete official compliance; e) transfer to a lower position in the internal affairs bodies; f) dismissal from service in internal affairs bodies. 37. In educational institutions of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the following disciplinary sanctions may be imposed on cadets and listeners, along with the disciplinary sanctions provided for in paragraph 36 of this Disciplinary Charter: a) appointment out of turn to a squad (with the exception of appointment to a security squad unit security); b) deprivation of the next dismissal from the location of the educational institution; c) expulsion from an educational institution. 38. It is not permitted to apply disciplinary sanctions against employees that are not provided for in Article 50 of the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation.” 39. Disciplinary sanctions are announced by orders. A reprimand and reprimand may be publicly announced orally. 40. The basis for imposing a disciplinary sanction on an employee is the fact of his violation of official discipline. 41. If a subordinate violates official discipline, the manager (supervisor) is obliged to warn him about the inadmissibility of such actions, and, if necessary, depending on the severity of the offense committed and the degree of guilt, impose a disciplinary sanction. 42. An employee is subject to disciplinary liability only for that violation of official discipline for which his guilt has been established. 43. Disciplinary action must correspond to the severity of the offense committed and the degree of guilt. When determining the type of disciplinary sanction, the following are taken into account: the nature of the offense, the circumstances in which it was committed, the previous behavior of the employee who committed the offense, his admission of guilt, his attitude towards the service, knowledge of the rules of service and other circumstances. 44. In cases where, in the opinion of the manager (supervisor), it is necessary to impose a disciplinary sanction on an employee that goes beyond the scope of his rights, he applies for this to a superior manager (supervisor). 45. A request to apply a disciplinary sanction to an employee that goes beyond the rights of the manager (supervisor) by a superior manager (supervisor) must be implemented within three days. 46. If the request is refused, it must be, together with materials confirming the fact of violation of official discipline, returned to the manager (supervisor) who submitted it within a period that gives him the opportunity to impose a disciplinary sanction on the employee in accordance with his rights. 47. A superior manager (boss) has the right to change the disciplinary sanction imposed by a subordinate manager (boss) if it does not correspond to the gravity of the disciplinary offense committed by the employee. 48. In case of violation of official discipline jointly by several employees, disciplinary sanctions are imposed on each employee separately and only for the violation committed by him. 49. The number of outfits when assigned out of turn to the outfit of a cadet or student is limited to one outfit. 50. Repeated violation of official discipline is a violation of official discipline by an employee if he has a disciplinary sanction imposed in writing. 51. The imposition of disciplinary sanctions for offenses committed during duty, service at posts and routes is carried out only after the culprit has been replaced from duty, guard, post, patrol area or after his replacement by another employee. 52. If an employee is brought to disciplinary liability for being on duty in a state of alcohol, narcotic and (or) other toxic intoxication, to confirm the fact that the employee is in a state of intoxication, it is necessary to be guided by the results of a medical examination, and if the employee refuses to be examined, by testimony of at least two employees or other persons. Receiving any explanations from the employee until he has sobered up is not allowed. 53. All types of disciplinary sanctions may be applied to an employee who has committed a gross violation of official discipline, regardless of the presence or absence of disciplinary sanctions, up to and including dismissal from the internal affairs bodies. 54. Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied if an employee commits a gross violation of official discipline or repeated violation of official discipline and in the presence of a disciplinary sanction imposed in writing 55. In the event of an employee appealing a disciplinary sanction to superior managers ( superiors) or to the court, the execution of the disciplinary sanction is not suspended.
VII. Accounting for incentives and disciplinary sanctions
56. Incentive measures and disciplinary sanctions, with the exception of those announced orally, are subject to recording and are entered into the employee’s personal file. 57. Award sheets with notes on the presentation of state or departmental awards to the employee are attached to the materials of his personal file.
VIII. Procedure for appealing disciplinary sanctions
58. An employee has the right to appeal a disciplinary sanction imposed on him. 59. The procedure for appealing disciplinary sanctions is established by Article 72 of the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation.”
APPROVED
By Presidential Decree
Russian Federation
dated 2012 No.
ORDER
prevention and resolution of conflicts of interest in the internal affairs bodies of the Russian Federation
1. This Procedure, in accordance with the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation,” establishes the procedure for preventing and resolving conflicts of interest in the internal affairs bodies of the Russian Federation Federations (hereinafter referred to as internal affairs bodies). 2. Employees of internal affairs bodies (hereinafter referred to as employees) are obliged to take measures to prevent any possibility of a conflict of interest. Employees are required to notify their immediate supervisor (supervisor) in writing of the occurrence or possibility of a conflict of interest as soon as they become aware of it.
3. The direct manager (supervisor) or immediate supervisor (supervisor), who became aware of the occurrence or possibility of a conflict of interest, is obliged to take measures to prevent or resolve it.
4. The basis for taking measures to prevent and resolve conflicts of interest is the information provided by:
A) by an employee in the form of notification to the immediate supervisor (boss) of the occurrence or possibility of a conflict of interest; b) law enforcement and tax authorities; c) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties; d) Public Chamber of the Russian Federation; e) received directly by the manager (boss). 5. Reports of crimes or administrative violations, as well as anonymous reports, cannot serve as a basis for taking measures to prevent and resolve conflicts of interest. 6. Preventing or resolving a conflict of interest may consist of: a) changing the official position of an employee up to and including his removal from official duties; b) forcing an employee to renounce benefits; c) recusal or self-recusal of an employee exercising procedural powers in accordance with his official duties. 7. If an employee owns securities, shares (participation interests, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer the securities, shares (participation interests, shares in the authorized (share) capital) belonging to him organizations) into trust management in accordance with the legislation of the Russian Federation. 8. Based on the results of consideration of the information specified in paragraph 4 of this Procedure, the immediate supervisor (boss) within 24 hours (except for weekends and non-working holidays) from the date of its receipt: a) leaves information about the conflict of interest, including the notification received, without consideration, if it contains information that was previously checked in accordance with the established procedure, during which they did not find their objective confirmation; b) transmits information about the conflict of interest that has arisen to the certification commission of the internal affairs body (hereinafter referred to as the certification commission) for consideration on its merits. 9. If necessary, the personnel department of the internal affairs body prepares and submits to the certification commission additional materials related to the prevention and resolution of conflicts of interest. 10. The manager (boss), who became aware of the occurrence or possibility of a conflict of interest, has the right, before the certification commission considers the issue of a conflict of interest, to take measures against the employee provided for in subparagraphs “a” and “c” of paragraph 6 of this Procedure. 11. Consideration of requirements to resolve conflicts of interest in relation to employees holding positions of senior management is carried out by the presidium of the Anti-Corruption Council under the President of the Russian Federation. 12. Consideration of the issues specified in paragraph 16 of the Regulations on commissions for compliance with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest, approved by Decree of the President of the Russian Federation of July 1, 2010 No. 821 “On commissions for compliance with requirements for official conduct of federal government employees and the settlement of conflicts of interest", is carried out in accordance with Decree of the President of the Russian Federation of July 1, 2010 No. 821 "On commissions for compliance with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest." 13. The basis for holding a meeting of the certification commission on issues related to the prevention and resolution of conflicts of interest is the representation of the immediate manager (boss) about the occurrence or possibility of a conflict of interest. 14. The certification commission, along with persons included in its composition on a permanent basis, to consider issues related to the prevention and resolution of conflicts of interest, includes representatives of public councils under the Ministry of Internal Affairs of the Russian Federation and its territorial bodies, veterans of internal affairs bodies and internal troops. 15. The meeting of the certification commission is held in the presence of the employee in relation to whom the issue of preventing and resolving conflicts of interest is being considered. If there is a written request from an employee to consider the specified issue without his participation, a meeting of the certification commission is held in his absence. If an employee fails to attend a meeting of the certification commission in the absence of a written request from the employee to consider the specified issue without his participation, consideration of the issue is postponed. In the event of a second absence of an employee without good reason, the certification commission may decide to consider this issue in the absence of the employee. 16. Based on the results of consideration of the issue of the employee’s compliance with the requirements for resolving conflicts of interest, the certification commission makes one of the following decisions: a) on the absence of a conflict of interest; b) about the existence or possibility of a conflict of interest. 17. If the certification commission makes a decision provided for in subparagraph “b” of paragraph 16 of these Regulations, the certification commission has the right to make the following recommendations: a) recommend that the employee refuse a benefit that may affect the objective performance of the employee’s official duties; b) recommend that the employee transfer his securities, shares (participatory interests, shares in the authorized (share) capital of organizations) to trust management in accordance with the legislation of the Russian Federation; c) recommend to the relevant manager (supervisor) to change the range of official duties of the employee, the implementation of which may lead to a conflict of interest; d) recommend to the relevant manager (supervisor) to make a decision to transfer the employee to a position that involves the performance of official duties that are not related to a conflict of interest; e) recommend to the relevant manager (supervisor) to make a decision on the temporary suspension of the employee from performing official duties, the implementation of which may lead to a conflict of interest; f) recommend to the Minister of Internal Affairs of the Russian Federation, the relevant manager (supervisor) to release the employee from combining duties; g) recommend that the employee stop working part-time; h) recommend to the Minister of Internal Affairs of the Russian Federation, the relevant manager (supervisor) to dismiss the employee due to loss of trust (due to failure to take measures to prevent and (or) resolve a conflict of interest to which he is a party); i) recommend that the employee refrain from creating and participating in the activities of public associations that do not pursue political goals; j) recommend that an employee exercising procedural powers in accordance with his official duties recuse himself in cases and in the manner provided for by the legislation of the Russian Federation; k) recommend to the relevant manager (supervisor) to challenge an employee who is exercising procedural powers in accordance with his official duties, in cases and in the manner provided for by the legislation of the Russian Federation. 18. If the certification commission establishes that an employee has committed an action (fact of inaction) containing signs of an administrative offense or crime, the chairman of the certification commission is obliged to transfer information about the commission of the specified action (inaction) and documents confirming this fact to the prosecutor’s office within 3 days . 19. The recommendations of the certification commission are documented in a protocol, which is sent within 5 days to the manager (supervisor) who submitted the conflict of interest. 20. A copy of the minutes of the meeting of the certification commission or an extract from it is sent within 5 days to the employee in respect of whom the issue of preventing and resolving a conflict of interest was considered, as well as to the personnel department of the internal affairs body for inclusion in the employee’s personal file. 21. Managers (chiefs) consider the recommendations of the certification commission within 3 days. Based on the results of consideration of the recommendations of the certification commission, the manager (supervisor) makes a decision on applying to the employee measures to prevent or resolve conflicts of interest specified in paragraph 6 of this Procedure, or on imposing a disciplinary sanction on the employee, up to and including dismissal from service in the internal affairs bodies. 22. The employee is obliged to comply with the recommendations of the certification commission specified in subparagraphs “a”, “b”, “g”, “i” and “j” of paragraph 17 of this Procedure within 3 days, and notify the manager (supervisor) in writing. 23. If an employee fails to comply with the recommendations of the certification commission, the manager (supervisor) makes a decision to bring the employee to disciplinary liability, up to and including his dismissal from service in the internal affairs bodies. 24. The formation of certification commissions and their work are carried out in the manner prescribed by the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation and this Procedure, in compliance with the law Russian Federation on state secrets.
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