Disciplinary liability of administrative civil servаnts Printable versionLast update: 04.03.2021
The grounding for imposing a disciplinary punishment is execution of a disciplinary offense by an administrative civil servant.
An authorized person can impose disciplinary punishment provided for by the Law on an administrative civil servant for the execution of a disciplinary offense.
A disciplinary punishment should correspond to the severity of the committed disciplinary offense as well as to the degree of guilt of a person who committed it.
The following is considered when determining the type of disciplinary punishment:
1) content and nature of an offense;
2) circumstances under which an offense was committed (time, place, method and other circumstances of its execution), guilt of an administrative civil servant;
3) negative consequences entailed or that might have been entailed by a committed offense;
4) previous behavior of a person who committed it;
5) experience in the relevant field;
6) other circumstances describing the personality of an administrative civil servant.
There are the following types of disciplinary punishments:
- severe reprimand;
- notice on incompetent performance;
- position downgrading;
Procedure for imposition of disciplinary punishment
An authorized person makes the following decisions:
1) imposes a relevant administrative punishment;
2) sends materials for additional official investigation within the time limits for imposing a punishment:
3) does not impose an administrative punishment.
The materials of the additional official investigation are considered by a Commission consisting of other employees.
A person subject to punishment is notified of the imposed disciplinary punishment by HR Service (HR department) of a relevant government agency within three working days from the date of the issuance of an act on imposing a punishment with written acknowledgement of receipt. In case, if a person subject to punishment refuses to acknowledge receipt of an act, a corresponding note is made about this in the act on imposing a punishment or a different act is drawn up.
If it is impossible to familiarize a person subject to punishment with an act on imposing a punishment, HR Service (HR Department) sends him/her a copy of an act by registered letter.
An imposed disciplinary punishment may be announced to an administrative civil servant at a meeting of the relevant government agency, its division or in the presence of employees determined by an authorized person who imposed this punishment.
If, following the results of an official investigation, it is concluded that an administrative civil servant has committed actions that have possible signs of a criminal offense or an administrative offense, an authorized person shall immediately transfer the received materials to law-enforcement or other bodies.
In cases when law-enforcement bodies terminate criminal proceedings against a civil servant, they still can send the materials on the case to the authorized body if there are signs of a disciplinary offense in his/her actions.
Disciplinary punishments are imposed through issuance of orders, instructions by an authorized person.
The act on imposing a disciplinary punishment shall indicate a person on whom the penalty is imposed, offense for which the penalty is imposed and the type of penalty.
HR Service (HR Department) sends an act on imposing a disciplinary punishment to an immediate head of structural unit of an administrative civil servant who is brought to disciplinary punishment, and to the management of a government agency for familiarization.
Information and acts on disciplinary punishments that have not been withdrawn are subject to registration by HR Service (HR Department) of a government agency through making an entry into an employee's track record.
Information about disciplinary punishments imposed by an authorized person on employees who have committed disciplinary offenses that discredit the civil service are subject to mandatory submission by HR Service (HR Department) to an authorized body for legal statistics and special accounts.
Guarantee of the administrative civil servants’ rights, when bringing to disciplinary punishment
An administrative civil servant who is subject to disciplinary punishment for an offence may have a representative.
It is prohibited to send complaints to an authorized person whose actions are being appealed.
An appeal against a decision on imposing of a disciplinary punishment does not suspend its execution.