O. N. DYADKIN, head of criminal law chair of Vladimir State University named after Alexander and Nikolay Stoletovs, doctor of law
26, Yubileynaya st., Vladimir, Russia, 600031
A. V. KALYASHIN, associate professor of management and administration and legal disciplines chair of the Vladimir Law Institute of the Federal Penitentiary Service, doctor of law
13, Severnaya st., Vladimir, Vladimir region, Russia, 600902
The research subject is the legal nature of the institute of disciplinary responsibility of staff of institutions and bodies of penal enforcement system for their administrative offenses, and also its theoretical, practical problems, ways of their solution and new law. The objects of the research are the public relations settled by rules of law that emerge in the course of establishment, development and improvement of disciplinary responsibility of staff of penal enforcement system for administrative offenses. Taking into account the achievements in the theory of administrative law and the analysis of modern practice of administrative punishments' application, the authors review in detail administrative responsibility of special subjects: military personnel, citizens, called out for reservist training, and the law enforcement officers with special ranks. The authors draw attention to the analysis of a retrospective review, foreign experience of the former Soviet Union countries, employment and labour laws and new law of the legal phenomenon in question. The authors use general scientific and specific scientific cognitive methods, as well as special methodology: historical, formal legal, logical legal and comparative law methods. Scientific novelty of the essay is determined by interdisciplinary approach to studying the institute of disciplinary responsibility for administrative offenses. On the basis of the analysis of scientific and theoretic concepts and current legal enactments, the authors set forth their own definitions of the concept of “administrative responsibility of an employee of an institution or body of penal enforcement system (PES)”. As a result of the research, the authors come to the conclusion that the PES employees must bear administrative liability for committed administrative wrongful acts on the same basis as everyone else (as general public). Should disciplinary responsibility for the PES employees for the committed administrative offences be preserved, the authors propose: 1) to envisage conditions of the wrongdoing in their duty status; 2) to establish the obligation of jurisdiction subjects, who are granted with the right to impose administrative penalties, to forward the files on administrative offenses to bodies and institutions for bringing administrative actions, instead of imposing them themselves. On the basis of the performed analysis, the authors suggest extending Part 1, and additionally inserting Parts 3 and 4 to Article 25 “Administrative responsibility of military personnel, citizens, called out for reservist training, and persons with special ranks” of the Code of Administrative Offenses of the Russian Federation.
Keywords: administrative offense, disciplinary offense, legal responsibility, disciplinary responsibility, administrative responsibility, penal enforcement system, special ranks, employee of the penal enforcement system, administrative and legal delicts.