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INSTITUTION OF DISCIPLINARY ACTION IN THE SYSTEM OF LAW AND THE SYSTEM OF LEGAL RESPONSIBILITY

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PDF: Author(s): Chuklova E. V.,
Number of journal: 4(53) Date: November 2020
Annotation:

The purpose of the research is to determine the legal nature of the institution of disciplinary responsibility, to study the correlation of the norms of disciplinary responsibility with other norms, institutions, and industries. The complexity of the structure of the Institute of disciplinary responsibility is explained by its close ties with other institutions and branches of law, which ensures the process of regulating labor and service discipline. The Institute of disciplinary responsibility interacts most closely with such institutions as the Institute of suspension from official duties, the Institute of criminal responsibility. It is proved that the proposed Institute is two groups of rules: the material describing the rights and duties of the parties involved, and procedural, establishing the procedure, the mechanism of realization of these rights and responsibilities. The research reveals the coordination, subordination and genetic links of the Institute of disciplinary responsibility with other elements of the legal system. The institution of disciplinary responsibility is a structural element in the system of legal responsibility and is complex in its structure. The Institute of disciplinary responsibility has complex coordination links with material branches of law, which are expressed in the use of General terms, concepts, and categories. Subordination relations are manifested in the presence of a hierarchy between disciplinary measures within one normative legal act, as well as between the measures of responsibility established in the norms of other institutions of responsibility. Genetic relationships reveal the common origin of structural entities that are part of the institution of disciplinary responsibility. The study provides data on the influence of doctrinal positions on the formation and change of the system of disciplinary responsibility, its operation and implementation features.

Keywords:

the disciplinary liability system of law, system of legal liability, labour law, Institute disciplinary action, genetic relationships, coordinating communication, subordinate communication, disciplinary action, liability measures.

For citation:

Chuklova E. V. Institution of disciplinary action in the system of law and the system of legal responsibility. Business. Education. Law, 2020, no. 4, pp. 325–329. DOI: 10.25683/VOLBI.2020.53.425.