https://vestnik.volbi.ru/


QUESTIONS OF QUALIFICATION OF AN IMMORAL OFFENSE COMMITTED BY AN EMPLOYEE PERFORMING EDUCATIONAL FUNCTIONS AS A DISCIPLINARY OFFENSE

Back to articles of current journal
PDF: Author(s): Lada A. S.,
Number of journal: 1(50) Date: February 2020
Annotation:

In the article, the author raises the problem of whether the Commission of an immoral offense of an employee performing educational functions, which is incompatible with the continuation of this work, is a disciplinary offense. In this regard, the author analyzes the legislation, judicial practice and opinions of the authors. Considering this issue in historical aspect, the author comes to the conclusion that the position of the legislator is changing in this question: if early in the Labor code of the RSFSR in 1971. The legislator does not consider such conduct to disciplinary misconduct, the Labor code already referred, but with the condition that it was absolutely at work and in connection with the performance of their duties. In the countries of the former USSR, the legislator holds a similar position. Comparing the legal nature of a worker commit immoral act with the same basis of dismissal of the employee of bodies of internal Affairs for the Commission of the offense discrediting honor of the employee of internal Affairs bodies, which is a disciplinary offence, the author comes to the conclusion that the legislator unreasonably not include the committing of a worker performing educational functions, immoral act, not at the place of work or in connection with the performance of their duties, the disciplinary misconduct. In this regard, the author suggests making appropriate changes to article 48 of the law “On education in the Russian Federation” and article 192 of the Labor Code of the Russian Federation. In addition, the article draws attention to the absence of a definition of immoral misconduct. In connection with this proposed amendment of the resolution of Plenum of the Supreme Court No. 2 “On application by courts of the Russian Federation the Labour code of the Russian Federation”.

Keywords:

disciplinary misconduct, dismissal, immoral misconduct, punishability, illegality, guilt, crime, working hours, moral standards, ethical standards.

For citation:

Lada A. S. Questions of qualification of an immoral offense committed by an employee performing educational functions as a disciplinary offense. Business. Education. Law, 2020, no. 1, pp. 357–361. DOI: 10.25683/VOLBI.2020.50.180.