Nss in the army. Procedure for execution of disciplinary sanctions

The legislation provides for different types of liability for committing certain illegal actions. Violations committed within the framework of labor (official) activities entail the imposition of disciplinary sanctions. One of them is the announcement of incomplete official compliance. What does it mean This measure and what consequences it entails, we learn from the article.

Federal Law No. 79

This normative act contains Art. 57, establishing a list of disciplinary sanctions for civil servants. For the commission of an offense by an official, the employer has the right to declare:

• Rebuke.
• Comment.
• Incomplete Compliance Warning.

The most severe penalty is dismissal.

A disciplinary offense is considered to be improper performance or failure by a civil servant to fulfill official duties assigned to him.

Federal Law Disciplinary Charter

After recording the fact, a request for explanation is sent to the civil servant. It can be sent by mail or delivered in person against signature.

The civil servant must provide his explanations within two days. If this is not done, the manager draws up an act.

Based on the circumstances of the incident, a conclusion is drawn up based on its results.

Based on the information received, the manager assesses the nature and severity of the offense and determines the amount of damage.

After this, an order is issued. The civil servant must be familiar with it. In addition, the manager explains to him what the consequences will be if the person does not correct the situation.

Deadlines

A civil servant can be brought to justice within a month from the date of discovery of the fact of committing an offense. This period does not include the following periods:

• Temporary disability.
• Vacations.
• Carrying out an inspection.
• Absences from work for valid reasons.

If a violation was discovered during an audit or other inspection, the period during which penalties can be applied increases to two years. This period does not include the time of the criminal investigation.

When is incomplete official compliance removed?

The duration of the sanction is 1 year. To have the penalty lifted, the employee must correct the violations. In addition, he must not commit new offenses for a year.

The legislation, however, allows for early withdrawal of penalties for:

• Leader's initiative.
• A written statement from a civil servant or a petition from his immediate superior.

As for military personnel, the removal of penalties is carried out in accordance with Art. 35 of the Disciplinary Charter. This is allowed if it is established that the educational function of the sanction was implemented, and the serviceman corrected himself by exemplary performance of duty.

Important point

According to Article 106 of the Charter, a disciplinary sanction can be lifted from a serviceman due to the expiration of the term. However, this rule does not apply to cases of declaration of incomplete compliance. The fact is that this sanction involves the establishment of a probationary period during which the person must correct the violation.

Replacement with a stricter measure

If a serviceman does not comply with the instructions of the leadership that imposed a penalty on him, he may be demoted or early transferred to the reserve. Meanwhile, dismissal will be considered lawful if the person’s failure to correct behavior is considered an independent disciplinary offense.

Exceptions

Federal Laws No. 76 and No. 79 do not establish cases when disciplinary sanctions cannot be imposed on the perpetrators, including a warning about incomplete compliance. Consequently, liability measures can be applied to absolutely all military personnel and civil servants. However, this conclusion is not entirely correct.

Penalties such as a reprimand, warning and reprimand can be applied to the perpetrators in any case if there are grounds for it. However, pregnant women, single mothers and some other persons classified as socially vulnerable categories cannot be dismissed from either government or military service. Removal from office in such situations would be contrary not only to the provisions of the Labor Code, but also to the Constitution.

Finally

The person to whom the penalty is applied has a number of guarantees established by law. In particular, the subject has the right to challenge the manager’s decision in court. As practice shows, dismissals are mostly appealed. With regard to the declaration of non-compliance, employees generally seek to correct their behavior under penalty of stricter liability.

Of course, the subject can also challenge the decision if he is sure that he did not commit any violations, and his actions fully complied with the established regulations. Usually, warnings, reprimands, and comments are issued lawfully for specific violations.

A warning about incomplete service compliance can be applied to a military personnel as a disciplinary sanction if violations are detected. The law provides for a certain procedure for imposing penalties and removing incomplete official compliance.

Penalty for incomplete official compliance

A warning about incomplete official compliance can be issued only in relation to officers and warrant officers. Ordinary military personnel cannot be subject to such penalties.

Current legislation defines a list of qualities that an officer must have to properly perform his duties:

• appropriate professional training;
• knowledge and proper performance of assigned official duties;
• personal discipline and diligence;
• high ability to quickly transition to martial law;
• high organization;
• ability to lead and train personnel;
• the ability to adequately assess the condition of a military unit and personnel;
• the ability to critically assess the level of one’s own preparation for the performance of official duties;
• health status for effective service and others.

Accordingly, incomplete service compliance is defined as low personal discipline of a military man, as well as failure or improper performance of his duties and the requirements of current legislation.

A warning about incomplete official compliance may be issued:

• for failure by an officer to fulfill the terms of a serviceman’s contract;
• for committing a military offense discrediting the honor;
• for non-compliance with the requirements.

A limited number of military leaders have the right to impose penalties for incomplete service compliance. Only a commander whose rank is not lower than regiment commander can discipline an officer. An ensign may receive a similar penalty from the commander of a separate battalion or a separate military unit. A penalty on a midshipman can be imposed by the commander of a ship of 2nd or 3rd rank.

A penalty for incomplete official compliance can be applied no more than once during the tenure of a specific position held. When changing positions during the period of service, a second and subsequent penalties may be imposed - no more than one for each position. Repeated violations will result in more severe penalties up to and including dismissal.

Removal of incomplete official compliance

The imposition of a penalty for incomplete official compliance leads to the establishment of a probationary period of one year for correction. Removal of incomplete official compliance is possible only in two cases:

• as a measure of encouragement for an officer;
• when correcting behavior after the probationary period.

Only a commander in a position no lower than the officer who imposed the penalty can remove incomplete service compliance. The grounds for withdrawal are:

• the imposed penalty fulfilled its educational role;
• the officer corrected his behavior and confirmed this with exemplary service;
• the probationary period of the imposed penalty has not expired.

If, after 1 year from the date of discipline, the officer has not proven correction and has not changed his behavior, the serviceman will be subject to demotion. In exceptional cases, early termination of the contract and dismissal are possible. As a rule, early dismissal is caused by the repeated commission of a misdemeanor or other violation that entails the imposition of a penalty for incomplete performance.

The unlawful imposition of a warning about incomplete official compliance or the unlawful refusal to lift a penalty may be challenged in the prescribed manner. You can get legal assistance on issues of disciplinary sanctions against military personnel from the Legal Resolution Company. Our lawyers will help you quickly understand the legal intricacies of the rules applicable to disciplinary sanctions for officers of the Armed Forces of the Russian Federation.

This basis applies only to management personnel.

• A gross one-time violation of duties involving failure to comply with legal requirements or causing harm.
• Being in a state of intoxication while on duty.
• Committing embezzlement, theft, intentional damage to property.

General rules First of all, in order to bring the perpetrator to justice, the fact of committing an offense must be recorded. As a rule, an act is drawn up and signed by 2 witnesses. In addition, the immediate superior of a civil servant can write a memo addressed to the management. After recording the fact, a request for explanation is sent to the civil servant. It can be sent by mail or delivered in person against signature. The civil servant must provide his explanations within two days. If this is not done, the manager draws up an act.

What does the concept of “incomplete job compliance” mean?

Fulfillment of personal duties to the extent required by the charter and other departmental acts - health status must meet the requirements for appointment (subsequent tenure) to a specific position. This list is the most general, while in each specific case separate requirements apply to an individual position. Those. official compliance should be considered full compliance with legal requirements for the position held, the level of personal discipline and attitude to work.

This means that in cases of incomplete official compliance we are talking about either non-compliance with legal requirements or gaps in discipline. Having understood what official compliance is, we can talk about a warning, about incomplete compliance, as one of the disciplinary measures applied to a military personnel in such cases.

Forum for mutual legal assistance of military personnel

Attention

However, this rule does not apply to cases of declaration of incomplete compliance. The fact is that this sanction involves the establishment of a probationary period during which the person must correct the violation. Replacement with a more strict measure If a serviceman has not complied with the instructions of the leadership that imposed a penalty on him, he may be demoted or early transferred to the reserve.

Important

Meanwhile, dismissal will be considered lawful if the person’s failure to correct behavior is considered an independent disciplinary offense. Exceptions Federal Laws No. 76 and No. 79 do not establish cases when disciplinary sanctions cannot be imposed on the perpetrators, including a warning about incomplete compliance. Consequently, liability measures can be applied to absolutely all military personnel and civil servants.

Incomplete job compliance

Thus, it should be understood as a measure of disciplinary action that warns of a military serviceman’s poor organization of his activities related to the performance of duties in his position, or of a dishonest attitude towards the performance of the duties of military service in general. The function of this warning is to prevent the military personnel from committing gross disciplinary offenses specified in Appendix 5 to the Charter, or to eliminate shortcomings in the organization of their activities and correct their behavior by exemplary performance of military duty. Failure to comply with these requirements will result in certain legal consequences in the form of demotion or early transfer to the reserve.

Disciplinary offense. Is it possible to deprive an employee of his bonus? (valova s.)

When imposing a disciplinary sanction in the form of a warning about incomplete service compliance, the nature of the offense, the circumstances in which it was committed, its consequences, the previous behavior of the perpetrator, as well as the duration of his military service and the degree of knowledge of the procedure for performing service are taken into account. The peculiarity is that the specified disciplinary sanction can be imposed only on officers (Article 69 of the Charter) and warrant officers (midshipmen) (Article 62 of the Charter). At the same time, the Charter differentiated the categories of commanders who have the right to impose the specified penalty on military personnel.
Thus, commanders (chiefs) from the regiment commander and above have the right to issue a warning about incomplete service compliance to officers, and to warrant officers - from the commander of a separate battalion (ship of the 2nd rank), as well as the commander of a separate military unit, using in accordance with Art.

Procedure for applying incentives

Info

Warning about incomplete official compliance: concept, grounds, consequences of imposing this penalty, adjunct of the Department of Military Administration, Administrative and Financial Law of the Military University, senior lieutenant of justice One of the types of legal liability of military personnel is disciplinary liability, which is regulated by Art. 28 of the Federal Law “On the Status of Military Personnel” and the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of December 14, 1993 No. 000 (hereinafter referred to as the Charter). Such liability occurs for violation of military discipline or public order by a military personnel. Article 1 of the Charter defines: “Military discipline is strict and precise observance by all military personnel of the order and rules established by laws, military regulations and orders of commanders (chiefs).”

Commanders (chiefs) can apply incentives both to an individual serviceman and to the entire personnel of a military unit (unit). For one distinction, a serviceman can be promoted only once. When determining the type of incentive, the nature of the merits, diligence and distinction of the serviceman, as well as his previous attitude towards military service are taken into account.
35. A military serviceman who has a disciplinary sanction can be rewarded only by removing the previously applied sanction. The right to lift a disciplinary sanction belongs to the commander (chief) by whom the sanction was applied, as well as to his direct superiors, who have no less disciplinary power than him.
What is incomplete job compliance? Departmental acts of the Ministry of Defense of the Russian Federation do not contain information that fully discloses this concept. In this case, it is worth using a narrower term - suitability for the position held. An explanation of what this compliance is and by what criteria it is established can be found in general terms in the Order of the Minister of Defense of the Russian Federation “On the procedure for organizing and conducting certification of officers and warrant officers (midshipmen) of the Armed Forces of the Russian Federation” dated April 6, 2002.

Having superficially studied the provisions of this Instruction, we can identify a number of criteria (qualities) of a military personnel by which his compliance (non-compliance) with the position held is assessed.

Incomplete performance can be rewarded

Removal of a disciplinary sanction - reduction in military rank (position) - from soldiers, sailors, sergeants and foremen is carried out no earlier than six months from the date of its application. Soldiers, sailors, sergeants and foremen are restored to their previous military rank only when they are appointed to the appropriate military position. Removal of a disciplinary sanction - reduction in military rank - from warrant officers, midshipmen and officers is carried out no earlier than one year from the date of its application.
A disciplinary sanction - a reduction in military position - can be removed from a serviceman without simultaneously reinstating him to his previous position. The removal of a disciplinary sanction - a warning about incomplete official compliance - is carried out no earlier than one year from the date of its application. 37.
Encouragement - a declaration of gratitude - is applied both to an individual serviceman and to the entire personnel of a military unit (unit). 38. Encouragement - a message to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received - applies to military personnel undergoing military service on call. In this case, a letter of commendation is sent to the serviceman’s homeland (at the place of residence of the serviceman’s parents or persons in whose care he was raised) or to the place of his previous work (study) with a message about his exemplary performance of military duty and about the incentives received. 39.
This period does not include the time of the criminal investigation. When is incomplete official compliance removed? The duration of the sanction is 1 year. To have the penalty lifted, the employee must correct the violations.

In addition, he must not commit new offenses for a year. The legislation, however, allows for early withdrawal of penalties for:

• Leader's initiative.
• A written statement from a civil servant or a petition from his immediate superior.

As for military personnel, the removal of penalties is carried out in accordance with Art. 35 of the Disciplinary Charter. This is allowed if it is established that the educational function of the sanction was implemented, and the serviceman corrected himself by exemplary performance of duty. Important point According to Article 106 of the Charter, a disciplinary sanction can be lifted from a military personnel due to the expiration of the term.
Charter), we can come to the conclusion that the penalty “warning of incomplete official compliance” is imposed on a serviceman for failure to fulfill the terms of the contract, for committing an offense discrediting the honor of a serviceman, and in cases where the serviceman has ceased to meet the requirements established for him in accordance with the Federal Law “On military duty and military service” requirements. It is important to note that the penalty of “warning about incomplete official compliance” in accordance with Art. 102 of the Charter is applied once during the serviceman’s tenure in his regular position, however, during the entire period of service it can be imposed on the serviceman more than once, subject to his changing positions. As a general rule, a disciplinary sanction imposed on a military personnel can be lifted in accordance with Art.

Incomplete official compliance is a serious formulation. Used as part of disciplinary sanctions. Applicable in cases of improper performance of duties or disciplinary problems. It is relevant when a person does not correspond to the position he occupies. The legislation does not establish strict limits in this regard. However, there are a large number of acts that management can use.

This penalty may be relevant for:

• Military personnel;
• Civil servants;
• Police officers.

In general terms, incomplete service compliance is considered as a low indicator of a person’s discipline at the time of his service.

This can be expressed in the form of violation of the law, unworthy attitude towards official duties and their poor performance. However, they cannot make such a verdict spontaneously.

Before this, it is necessary to conduct an inspection, during which violations committed by a person must be proven. The consequences of mistakes made are also studied. While the investigation is being carried out, the military man is temporarily suspended from service. The results of the check should be a conclusion that will allow one to judge the appropriateness of using this formulation in relation to a person.

Incomplete job compliance: when can you judge it?

As a rule, this verdict is made in the following situations:

• Lack of knowledge to perform job duties;
• Problems with personal discipline;
• Lack of training and education necessary for work;
• Disorganization;
• Lack of organizational skills.

Also, incomplete service compliance can be detected in the event of health problems in a military personnel. This is also true when there is insufficient. A penalty is imposed if a person does not fulfill the duties assigned to him in full. The problem also arises if employees violate the law while working. Even unpreparedness or inability to make the right decisions can result in this formulation.

Why is this necessary?

There are no random things in the army. Penalty is necessary to identify incompetent personnel. First of all, a person receives. Action is then taken if nothing has changed.

Each army position is accompanied by precise instructions. Failure to complete tasks is fraught with fines and reprimands. The harshest reprimand is precisely incomplete compliance with official duties. This can only be followed by dismissal from service due to non-compliance.

For each military man, strictly defined requirements are put forward that he must meet. Among these it is worth noting:

• A certain level of qualifications that must correspond to the position held.
• Knowledge and full performance of responsibilities.
• Availability of certain skills and their actual application.
• Respectful attitude towards others and towards oneself.
• Decent health and fitness indicators.

Violation of at least one of these requirements is fraught with NSS.

Is it possible to remove incomplete official compliance?

When it comes to non-conformity, it is not only the actions and misdeeds of the military that are assessed. The situation itself and circumstances are also considered. The NSS is appointed for a year by senior management. This is a probationary period. Within a year, the military man must demonstrate his suitability for the position. To do this, it is necessary to strictly follow job descriptions and avoid new mistakes. Next, a year later, a meeting is held, which should either remove the verdict of non-compliance or make it heavier. In the latter case, the ensign or officer will either face a demotion.

During the one-year period while the punishment is in effect, the offender cannot receive a promotion.

However, the sentence may be reduced. The management of the punished person may remove the NSS at its own discretion, upon the application of the employee or his immediate supervisor. You can also change your status through a court or commission.

SUD warning and circumstances

As a rule, with NSS, a person loses his honorary titles and special rights. He may be transferred to another position or demoted. There may also be talk of dismissal. If a dismissal occurs under such circumstances, the person may have serious problems with employment in the future. But dismissal is a last resort.

During the year that the NSS warning is in effect, the employee must take all measures to eliminate the consequences of his attitude towards the service. It is necessary to raise discipline to a decent level. If a change in a person’s attitude towards the service is noted, there will be every chance of removing the NSS.

Incomplete official compliance - grounds for receiving a penalty

It is worth noting the reasons for which incomplete job compliance is most often imposed. So, in practice, NSS is stated due to:

• Absenteeism and disciplinary violations;
• Systematic failure to fulfill duties;
• Violations of existing rules of work with consequences;
• Facts of making unlawful decisions;
• Serving while intoxicated;
• Forgery of documents or concealment of important information;
• Corruption, theft of property or damage to it, bribes.

At the same time, it is important that a number of legal points are observed. So, it is necessary to draw up a written act of misconduct. The presence of two witnesses and their signatures are required. Next, the management of the offender must draw up a memorandum, which is sent to the higher command.

After the fact of violation is recorded in this way, the offender will receive a request for . The request is sent by mail or submitted in person. In any case, this is done with a signature. Then the culprit must give an explanation within two days. If there are none, an act is drawn up.

It is necessary to convene a commission and conduct an inspection. It takes 2 weeks to a month.

During this period, the culprit is suspended from service. Based on the results of the commission, an order is issued. It must indicate the type of recovery. After this, the person at fault must receive incomplete service compliance.

It is worth noting that this kind of process can be started within a month after the violation. If more time has passed, collection is impossible. But if violations are discovered during an audit, the period increases to 2 years.