Author

Ravnyushkin A.V.

Title of article

Judicial practice concerning disputes over dismissal from service for commiting misconduct, tarnishing reputation of law enforcement officer (commission of crime)

Section

Section 11. Personnel, moral and psychological support of law enforcement agencies activities

Issue, year

3 (33) 2015

Abstract

The issues of forming of judicial practice when resolving disputes over dismissal from service for committing misconduct, tarnishing reputation of law enforcement officer (in case of committing a crime) are analyzed. Repeal of the Code of Professional Ethics does not deprive of the possibility to dismiss law enforcement officers on these grounds. Basing on the study and generalization of the judicial practice, such misconduct is considered as bad off-duty conduct of officers, but not as a fact of bringing them to administrative or criminal responsibility. The elements of committed misconduct in case of officer’s dismissal should not be identical with the elements of administrative offence or elements of crimes. Legality and reasonableness of dismissal do not depend on the possibility to discharge such officer in future or to terminate criminal proceedings on the rehabilitative grounds, since they are based on previous objective assessment of the committed misconduct, being not connected with suspecting in crime (or charging of crime). According to the judicial practice, misconduct, tarnishing reputation of law enforcement officer, is regarded as an attempt of the officer, having committed a crime, to escape responsibility (bad, inappropriate and aggressive conduct; depreciation of law enforcement bodies’ authority; negative social reaction to officers’ misconduct). It is stated that initiation of criminal proceedings is not considered as a ground to dismiss officers for committing misconduct, tarnishing their reputation, because criminal nature and guilt of the committed act are determined by the passed judgment of conviction, not by the materials of service inspection.

Keywords

service, dismissal; misconduct, tarnishing reputation of law enforcement officer; disputes over cases of law enforcement officers’ dismissals.

References

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2. Fedorova O. Uvol’nenie za nesootvetstvie korporativnoy kul’ture [Dismissal for non-compliance of corporate culture]. Trudovoe pravo – Employment Law, 2014, no. 8, pp. 29-37.

3. Available at: http://www.chelny-izvest.ru/criminal/35461.html (Accessed 1 April 2015).