MECHANISM FOR IMPLEMENTING LEGAL REGULATION OF SERVICE DISCIPLINE IN INTERNAL AFFAIRS AGENCIES
Abstract and keywords
Abstract (English):
Introduction. The article discusses the concepts of legal regulation, legal methods, administrative and legal methods as a way to organize managerial relations. It also discusses the mechanism of regulation and its components, including current legislation on disciplinary measures, which is a central part of this system. The article also considers stimulating norms with an educational function and protective norms related to disciplinary and financial responsibility, as well as procedural and disciplinary regulations that govern the processing of documents in disciplinary cases, filing of applications, and processing of complaints from police officials. The concept of disciplinary practices emphasizes its mandatory connection with strict adherence to the requirements of law and other regulatory legal acts governing discipline within internal affairs agencies. The regulatory and protection functions of these practices are also discussed. Materials and Methods. The methodology of the work includes a set of methods of scientific knowledge determined by the subject and objectives of the research: dialectical method, analysis, synthesis, generalization, induction, deduction. An important role is assigned to special legal methods (formal legal, technical legal, method of interpretation of legal norms) contributing to the disclosure of the content of regulatory material. The Results of the Study. An analysis of the current disciplinary practices on the implementation of mechanisms for legal regulation of official conduct in internal affairs agencies shows that, in most cases, when disciplinary measures are imposed as a result of violations committed by law enforcement officers, the content of these violations is often ambiguous or generic in departmental regulations, such as "insufficient discipline", "careless performance of duties" etc. These abstract terms are only permissible if they are explicitly defined in regulatory documents that confirm the need for investigation into the incident and specify the specific norms that have been violated. In addition to verbal warnings, incentives and sanctions are recorded in the personnel files of law enforcement officers and other relevant documents. Based on this, disciplinary procedures can be considered a legitimate activity of internal affairs management aimed at assessing employee discipline and carried out by making individualized legal decisions subject to official record. Findings and Conclusions. The practice of implementing the mechanism of legal regulation of official discipline in the structure of the Ministry of Internal Affairs of the Russian Federation is a legal and organizational activity of the commanding staff of internal affairs bodies, carried out on the basis of applicable laws and other regulatory legal acts, consisting in monitoring the quality of professional duties performed by subordinate employees of internal affairs bodies, reflected in the adoption of personalized management decisions on the imposition of incentive measures, or penalties and expressed in the adoption of departmental regulations (orders, orders, etc.).

Keywords:
Keywords: mechanism of legal regulation, disciplinary liability, disciplinary action, service discipline, disciplinary practice, methods of legal regulation, administrative and legal method
Text
Text (PDF): Read Download
References

1. Atamanchuk, G. V. Teoriya gosudarstvennogo upravleniya [Theory of public administration]. Moscow, 2010, p. 525. (In Russ.).

2. Boshno, S. V. Sposoby` i metody` pravovogo regulirovaniya [Methods and methods of legal regulation]. Pravo i sovremenny`e gosudarstva – Law and modern States. 2014, no. 3, pp. 52-60. (In Russ.).

3. Shergin, A. P. K koncepcii mekhanizma administrativno-pravovogo regulirovaniya [Towards the concept of the mechanism of administrative and legal regulation]. Aktual'nye problemy administrativnogo i administrativno-processual'nogo prava – Actual problems of administrative and administrative procedural law. Moscow, 2004, pp. 100-121. (In Russ).

4. Starilov, Yu. N. Administrativnoe pravo: special'naya literatura [Administrative law: special literature]. Voronezh, 2007. p. 231. (In Russ.).

5. Lipinsky, D. A. Problemy yuridicheskoj otvetstvennosti [Problems of legal responsibility]. St. Petersburg, 2003, p. 387. (In Russ.).

6. Saetgaraev, V. F., Pashin, V. M. Sovershenstvovanie pravovogo regulirovaniya sotrudnichestva organov vnutrennih del i institutov grazhdanskogo obshchestva v sfere protivodejstviya korrupcii [Improving the legal regulation of cooperation between internal affairs bodies and civil society institutions in the field of anti-corruption]. Vestnik Kazanskogo yuridicheskogo instituta MVD Rossii – Vestnik of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2023, vol. 14, no. 4 (54), pp. 48-56. (In Russ.).

Login or Create
* Forgot password?