Mariya Yakhina

Special Disciplinary Liability: Problems of Modern Legal Regulation

2015. No. 2. P. 92–102 [issue contents]
The author analyzes a range of views on establishing a concept of special disciplinary liability. Special regulatory acts on the issues of special disciplinary liability are studied. The attention is drawn tothe lack of a unified statutory act on the legal regulation of labor discipline. The issue of disciplinary measure types and their examination in relation to special disciplinary liability has been touched upon. Besides, the paper examines the issue of the possibility of disciplinary actions for special actors for making a violation after working time. The author proposes to classify the cases of a special disciplinary liability action by the activities of employees (not on the specification due to the sectors of economy) and specifies five groups. The paper analyzes the concepts of special disciplinary liability proposed by legal academics and shows the necessity to develop this academic concept. The author proposes a definition of special disciplinary liability understood as a liability of the employee for a misconduct related to the specifics of their work performed function stipulated by federal laws, statutes and legal actson discipline. The author proposes to fix a disciplinary sanction for a period of two years. Its extension will make the employee disciplined to prevent him from committing further misconduct. It is proposed to fix a special disciplinary liability the employees of underground transport system. The circumstance is determined by significant differences in job duties for underground and railway system. The article notes the need to adopt a list of positions that are subject to special statutory acts, such as the charter of discipline of employees of the organizations maintaining high radiation hazardous and nuclear hazardous production. It is proposed to develop specific statutory act on special disciplinary liability in medicine. The author stresses that it is necessary to expand the list of employees on a special disciplinary liability. This would improve the efficiency of performance of employment duties.
Citation: Yakhina M. (2015) Spetsial'naya distsiplinarnaya otvetstvennost': problemy sovremennogo pravovogo regulirovaniya [Special Disciplinary Liability: Problems of Modern Legal Regulation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 92-102 (in Russian)
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