Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust
Zavitova S.V., Mel’nikova N.A. Legal regulation and organization of the work of management subjects related to the dismissal of employees of the penal system of the Russian Federation due to the loss of trust. Penitentiary Science, 2021, vol. 15, no. 3 (55), pp. 635-641. DOI 10.46741/2686-9764-2021-15-3-635-641
Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.
Keywords: corruption offenses; dismissal due to the loss of trust; penal system; disciplinary responsibility; disciplinary penalty; attestation commission.
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