О стадии возбуждения производства по дисциплинарному делу по факту совершения сотрудником органов внутренних дел административного правонарушения

Abstract

According to the current legislation, employees of internal Affairs bodies may be brought to administrative responsibility for committing an administrative offense on a General basis, or to disciplinary responsibility. Each type of responsibility has its own procedural form of implementation: proceedings in the case of an administrative offense, or proceedings in a disciplinary case. This raises a question of both theoretical and practical significance about, the correlation of these procedural forms when bringing employees of internal Affairs bodies to disciplinary responsibility for committing an administrative offense. In the article based on the theory of the administrative process, the list of procedural actions in proceedings on cases of administrative offences and proceedings in disciplinary cases, when you initiate disciplinary proceedings upon the Commission by the employee of internal Affairs bodies administrative offense.
 Analysis of the legislation on administrative offenses and legislation on service in the internal Affairs bodies of the Russian Federation, materials of disciplinary and judicial practice, modern scientific research on issues related to bringing employees of internal Affairs bodies to disciplinary responsibility for committing administrative offenses, allowed us to reveal the content of the stage of initiation in disciplinary cases of this category, to formulate proposals for improving the legal norms governing individual procedural actions, taking into account the prospects for the adoption of the draft Procedural code of the Russian Federation on administrative offences.