Author

LIPINSKY D.A., MUSATKINA А.А.

Title of article

ON THE ILLEGAL ALTERNATIVITY OF SOME DISCIPLINARY SANCTIONS

Section

Section 3. Administrative delictology

Issue, year

3 (45) 2018

Abstract

The alternative disciplinary measures provided by the resolutions of the Government of the Russian Federation regulating the labor discipline of certain categories of workers are analyzed in
the article. Basing on the analysis of the norms of the Labor Code of the Russian Federation and court decisions, the authors come to the conclusion that there are conflicts between the requirements of this
code, which directly establish the type of a normative legal act, in which disciplinary measures, different from those provided by the Labor Code of the Russian Federation, must be fixed. This act is a Federal
Law. The legal nature of the deprivation of special right, which is provided by a number of resolutions of the Government of the Russian Federation with respect to special subjects of disciplinary liability, is analyzed. According to the authors’ opinion, in case of the adoption of special laws concerning the discipline of certain categories of workers, they should not contain this measure due to its criminal law
and administrative law nature. It is substantiated that it is necessary to amend the Code of Administrative Offences of the Russian Federation simultaneously with the adoption of the abovementioned laws.
These amendments should provide for special elements of offences committed on transport, which would also fix the measures of liability in the form of deprivation of special right.

Keywords

disciplinary liability; special disciplinary liability; labor discipline; disciplinary measures; disciplinary offence; types of disciplinary offences; legality; law and orde

References

1. Lipinsky D.A. [i dr.]. Institut yuri1dicheskoy otvetstvennosti [Institute of Legal Responsibility]. Moscow, RIOR Publ., 2017. 236 p.

2. Alekseev S.S. Struktura sovetskogo prava [Structure of Soviet law]. Moscow, Yuridicheskaya literaturа Publ., 1975. 264 p.
3. Stankin A.N. Verhovenstvo federal’nogo zakona v Rossiyskoy Federatsii: konstitutsionnye voprosy. Avtoref. Kand. Diss. [The supremacy of federal law in the Russian Federation: constitutional issues. Autoabstract Cand. Diss.]. Saratov, 2007. 22 p.
4. Efremov A.F. Teoreticheskie i prakticheskie problemy realizatsii printsipov zakonnosti v Rossiyskom gosudarstve. Dokt. Diss. [Theoretical and practical problems of the implementation of the principles of legality in the Russian state. Doct. Diss.]. Samara, 2000. 559 p.

5. Maksimov I.V. Administrativnye nakazaniya [Administrative penalties]. Moscow, Norma Publ., 2009. 464 p.

6. Yahina M.R. Spetsial’naya distsiplinarnaya otvetstvennost’. Avtoref. Kand. Diss. [Special Disciplinary Responsibility. Autoabstract Cand. Diss.]. Moscow, 2017. 22 p.