Administrative and legal management methods. Coercion as a method of control

Force method - a system of measures, the purpose of which is to encourage pupils to perform certain actions (duties) against their will.

The main forms of coercion are a categorical requirement, prohibition, behavior correction with the help of public opinion(opinions of the group), punishment. Categorical requirements must be necessarily explained and reasoned; the condition for effectiveness is their obligatory fulfillment. The effectiveness of the prohibition (taboo) is determined by its validity, unconditionality, control. In addition, a significant role in observing the prohibition is played by the personal authority and personal example of the educator.

The conditions for the effectiveness of the method of coercion are its use only as a last resort on the basis of persuasion, an individual approach, a group approach, a detailed clarification of the causes of the misconduct, a deep awareness of the offender of his guilt, the timeliness of the application of measures, the absence of haste in the application of coercion, increased attention to pupils in respect of whom coercion is applied.

Humanist teachers deny the effectiveness of punishment and believe that it should not be used under any circumstances, since any punishment negatively affects the development of the child's personality, causes moral feelings, suppresses individuality, personality activity, and can lead to serious consequences (mental illness, suicide) . It is especially difficult for a child to endure the punishment to which he was subjected in front of his peers. In addition, there are cases of unjustifiably cruel physical punishment in the family, which led to the injury or death of children.

Coercion is a very powerful tool, and it is extremely dangerous to abuse it. In order to achieve the fulfillment of the requirements, it is necessary to explain to the child the importance of the ability to obey, to help him realize the necessity of the requirements that are made to him and which he himself must make to himself.

Coercion is effective in cases where the demand made on the child is feasible. You can use coercion to force a child to prepare lessons on time, you can even force him to study music against his will, if you see that your son or daughter has abilities. However, it is impossible to educate by coercion, or, to put it better, only by coercion, an enterprising, creative personality.

The effect of coercion is based on the strength of parental authority, on the personal example of parents. In some cases, when there is no certainty that coercion will necessarily give a positive result, it is better to "not notice anything." This does not mean surrender. After waiting a little and preparing the conditions under which the child cannot but obey, you can again resort to coercion.

Neglect of the tactical side of the matter can lead to the fact that coercion becomes powerless.

Coercion is the application of such measures to pupils that encourage them to fulfill their duties despite their unwillingness to realize guilt and correct their behavior.

The main forms of expression of coercion in education:

Ø Prohibition;

Ø Condemnation of the offender in the team;

o Punishment. Types of punishments: Punishment is restriction. The student is deprived of some pleasure. Punishment is a convention. It gives the culprit unpleasant experiences only because he is considered punished and this reduces his authority in the team. Attitude change punishment.

The main conditions for the effectiveness of coercion in education:

Ø The use of coercion only after all other methods and means have not given any result or when circumstances require changing a person's behavior, forcing him to act in accordance with the public interest;

Ø The use of coercion based on persuasion and in accordance with the requirements of education;

Ø Individual and group approach in coercion;

Ø Detailed clarification of the causes of misconduct;

Ø Achieving a deep awareness of the guilty of their guilt;

Ø Timeliness of application of coercive measures;

Ø Lack of haste in the application of coercion;

Ø Increased attention to educatees, against whom coercion is applied.

Parameter name	Meaning
Article subject:	Coercion method
Rubric (thematic category)	State

Reward method

03.12.2012

Classification of public administration methods

Correlation between method and form of public administration

They are in relationship.

The method is one of the most important elements of the content of public administration. Ways how it is done, how government agencies influence.

Forms are a means of external expression of its content, i.e. Methods.

Method - coercion (reprimand, arrest) should be in the form of a management protocol, then a court decision, reprimand - an order for monetary recovery, encouragement - rewards.

Taking into account the dependence of generality:

Belief. a system of methods of moral influence on the part of the executive authorities on the consciousness, will, and behavior of people. Manifested in the use of various explanatory, educational, organizational measures (seminars, conferences, press conferences), main entity to contribute to the formation of a correct conscious attitude towards the activities of the state in the individual, to create internal moral incentives for the implementation and the need for the implementation of laws.

promotion

Compulsion

A means of stimulating the will to influence the consciousness and behavior of people through the interests of needs, directing their behavior to take actions, achieve goals and objectives set by the state and the subjects of executive power, in contrast to persuasion, encouragement is stimulating.

Promotion:

Moral

Material

It is used in Granda science, health care, sports, culture, education.

Administrative coercion is a special type of state coercion that has the purpose of protecting public order and public relations emerging advantage in public administration. External state legal mental and physical impact on the consciousness of the will and behavior of people, expressed in the form of restrictions or deprivations of a personal organizational or property nature, that is, of certain adverse consequences.

Peculiarities:

All measures of administrative coercion are characterized by state coercive character.

Applied on the basis of administrative law

Administrative coercion is used to protect legal relations regulated both by the norms of administrative law and other branches of law.

The basis and procedure for the application of measures of administrative coercion is strictly regulated by law.

Administrative coercion is characterized by a plurality of subjects of its application. Both courts and executive bodies and specially created commissions. Οʜᴎ apply to persons not subordinate to the relevant authorities and officials.

The order of implementation In the order of administrative proceedings regulated by the current legislation

Administrative coercion is of great preventive importance, since the enshrining in the law of the relevant ones contributes to the fact that many citizens refrain from illegal actions under the threat of administrative punishment.

Classification of measures of administrative coercion:

Reason: goals, methods and grounds for their application.

Administrative preventive measures are a preventive focus, their basis is the onset of special ones, both related and unrelated to human actions. Checking documents, personal search, screening Vehicle.

Measures of administrative restraint - are implemented to suppress the committed offense, in other objectively illegal actions of illegal states and events. Delivery of a person, administrative detention, seizure of the instruments of this violation.

Measures of administrative responsibility and punishment, measures of responsibility are enshrined in the Code of Administrative Offenses, confiscation of the instrument of commission or subject administrative offense, deprivation of a special right, administrative arrest, grounds for committing an administrative offense.

Coercion method - concept and types. Classification and features of the category "Coercion method" 2017, 2018.

General, universal methods of managerial action are persuasion and coercion. In any field social management the variability of the ratio of these methods is revealed.

Belief aimed at ensuring that the object of control voluntarily fulfills the will of the subject of control. Through persuasion, the unity of the will of the subject and object of control is achieved. .

Belief - this is such an impact that affects the mind and emotions in their unity, changes the wrong views, forms new ones that meet the requirements of science or the moral requirements of society. Persuasion as a method of influence, in essence, is a process of active influence of the persuader and the persuader, with the former playing the leading role. Persuasion and coercion can be state and public (non-state) character. Persuasion is applied by all subjects of management. As for coercion, it is applied by specially authorized subjects of management - state bodies and public formations on the basis of legal norms and norms of public organizations in the manner established by them.

Belief as a method of social management, it means the moral, psychological, material impact of the subject of control on the consciousness and will of the controlled, the behavior of people that generates, strengthens and develops consciousness that corresponds to the goals and objectives of management, encourages the conscious execution of the orders of the subject of control.

The main types (measures) of persuasion are: clarification, discussion, agitation, warning, showing positive experience (samples), encouragement, etc.

Compulsion consists in asserting the will of the subject of control against the will of the controlled. In case of non-execution of the will of the subject of management, the latter affects the moral, property, organizational, physical sphere of the object of management in order to transform its will, to submit to the will of the subject of management. Coercion in management is expressed in the application of state and public coercive measures. For example, violation of the rule of law entails legal liability, and failure to comply with the requirements contained in the norms of public organizations can only entail the application of measures of public influence.

State coercive measures that can be applied in order to maintain state discipline, ensure law and order by subjects of state administration include measures of disciplinary, administrative, material and criminal coercion.

The administrative method is based on the managerial powers of the head, which combine organizational and administrative activities in a certain form of influence (order, order, instruction, etc.), the precise setting of the task and the regulation of the methods for its implementation; establishing responsibility for achieving results. However, the use of this method should not suppress the initiative of the performer, it must be used in combination with other methods. For example, the administrative method includes the use of authorizing, encouraging and prohibitive measures.

Important role in organizational activities, especially in the conditions of commodity-market relations, is assigned to the actual economic methods management. They are methods and techniques of management based on the use of economic laws and interests, allowing to organize production activities, as well as indirectly stimulate the interest of teams and individual employees in achieving economic results.

Economic methods are based on the commensuration of material, labor and financial resources and their distribution in order to ensure the effectiveness of activities. They, in our opinion, are still insufficiently used in the system of internal affairs bodies. This is especially evident in the acceptance management decisions associated with the use of certain resources.

economic method is a kind of incentive - the creation of conditions for material interest in the quality and timely completion of the task. In general, the economic method of stimulation has certain limits of application. Practice has established that it goes well with moral stimulation and some other methods.

Socio-psychological are called such methods the actions of the subject of management on the object of management (labor, teams and individual workers), which are based on the objective laws of the development of sociology and psychology, influence taking into account collective psychology, the mood of the team, group relations, public opinion, psychological characteristics various social groups and the individual.

Socio-psychological methods of management are aimed on the creation in the labor collectives of the bodies of a favorable stable moral and psychological climate that contributes to the most successful solution of the tasks

TO sociological management methods include:

Methods of managing social-mass processes;

Methods for managing teams, bodies, groups, intra-group phenomena and processes;

Methods of managing individual-personal behavior.

The method of managing social-mass processes are, for example, regulation of the movement of personnel, planned training and distribution of personnel, retention of personnel, increasing the prestige of professions, etc.

The methods of managing teams, bodies, groups, intra-group phenomena and processes include social planning development of the team, methods of increasing social and group activity, the continuity of glorious traditions, etc. A favorable socio-psychological climate, creative activity of employees are formed in the team with the help of such social methods as promotion and implementation of positive experience, innovation, mentoring, etc.

To sociological methods of managing individual-personal behavior relate:

Creation of favorable working conditions for employees (optimal degree of workload, rhythm, the presence of elements of creativity in labor, etc.);

Formation of an optimal management system (organizational structure, types of control, availability of appropriate job descriptions, etc.);

Proper organization of educational work;

Creation of a favorable psychological climate in the team;

established traditions, etc.

Psychological methods of management. These methods affect the relationship between people by creating a workable team with an optimal psychological climate.

TO psychological methods controls include:

Methods of acquisition of small groups and teams;

Labor humanization methods;

Methods of psychological motivation (motivation);

Methods professional selection and learning.

Methods for recruiting small groups and teams provide an opportunity to determine the optimal quantitative relationships between workers in small groups and teams. Through sociological research sympathies and antipathies within the team are revealed, the place of each of its members is determined on the basis of psychological compatibility workers in a team (group). The psychological climate in the team largely depends on the psychological compatibility of workers, based on the optimal combination of their psychological properties.

Labor humanization methods consist in introducing elements of creativity into the labor process, eliminating the monotony (monotony) of labor, using the psychological impact of color, music, etc.

Methods of psychological motivation (motivation).

The achievement of the necessary activity of the employee is helped by the use of psychological motivation, the formation of labor motives. With the help of motivation, motivation, there is a direct impact on the object of management - the employee (s).

These include:

- belief- influence on the will of the employee with the help of logical means aimed at relieving tension in the team, psychological barriers;

- suggestion- purposeful influence of the subject of management on the object of management through the influence of the leader on the psyche of the subordinate. This method is most effective when applied to conflict situations, since with its help it is possible to directly influence the will of the worker. Suggestibility largely depends on the authority of the suggestible. The high moral and psychological qualities of the inspirer are important in increasing the effectiveness of the application of the method under consideration;

- imitation- influence on the will of the employee through personal example. The manager either demonstrates a model of proper behavior himself, or points to an employee whose behavior can serve as a model. First of all, the leader himself must be a model in his behavior and activities, because he is in the center of everyone's attention, everyone looks at his behavior, his actions are discussed and evaluated. The leader, as a rule, serves as a standard of behavior for those who are led, for all those who are constantly in contact with him;

- involvement- an incentive technique, through which the executor employee becomes a participant in the process of preparing and implementing decisions made by the manager;

- giving trust- psychological impact, expressed in emphasizing, highlighting the positive qualities of the employee, his experience, qualifications, etc., in expressing confidence in his capabilities, which increases the moral significance of the assigned task;

- compulsion- psychological impact on the employee, forcing him (sometimes against his will and desire) to perform the corresponding task.

Methods of professional selection and training .

These methods include:

Selection of employees with such psychological characteristics that are most consistent with the work performed (position held);

Development of the necessary psychological characteristics for the successful completion of assigned tasks.

Conclusion on the first question.

Having considered the first question of the lecture, we can conclude that a system is understood as a set of elements that are in relationships and connections with each other and form a certain integrity and unity that creates new integrative properties that are not reducible to the sum of the properties of its individual elements.

The internal affairs bodies are part of the social system, performing the law enforcement function of the state. Based on this, the internal affairs bodies are part of the state apparatus, which has state-imperious powers. Consideration of the internal affairs bodies as a control system also implies the discovery in them of those features that they should meet as a control system. These are such signs as the determinism of system elements, its dynamism, the presence of a control parameter in it, amplifying properties and feedbacks.

In management activities of the Department of Internal Affairs the following control methods are used:

General management methods (persuasion and coercion);

Administrative methods of management;

Economic departments; socio-psychological management.

Functional and organizational structure of the internal affairs bodies

All social systems management have their own structure, which is a set of certain and in a certain way located and interconnected elements included in this systemic formation. With regard to the organization and activities of the internal affairs bodies, these signs of the system are manifested very clearly.

The main factors predetermining this or that structural construction of the management system are:

The nature of the functions of external and internal management performed by the system;

The territorial-sectoral principle of building government bodies of our country, reflecting the federal structure of our state.

The whole set of services and units that are part of the system of internal affairs bodies of the country, performing the protective functions of the state from a systemic point of view, can be considered in two aspects. The first, representing, as it were, a horizontal cut of the system, reflects it functional structure, and thus determines the content of the control system, while the second one is a vertical section of the system, reveals it organizational structure and hierarchy, that is, its form.

A horizontal section of the system of internal affairs bodies, revealing its functional structure, represented by three groups of units:

- industry divisions— performing the main functions of the system of internal affairs bodies in the field external management(protection of public order, suppression and disclosure of crimes, investigation of crimes, etc.). These are units of the criminal police and the public security police of the territorial bodies of internal affairs, investigation, private security, etc.;

- functional divisions- each provides, in its line of activity, sectoral and other functional services with personnel, finance, material and technical and military supplies, etc. These are personnel units, logistics, material and technical and military supply apparatuses, etc.

- headquarters(organizing inspection) divisions and the management of the body - ensuring continuous monitoring and response to changes in the operational situation, complex analysis and forecasting the criminogenic situation in the service area, organizing interaction and coordinating the efforts of services and divisions in the implementation of system-wide, intersectoral and regional tasks of combating crime and protecting public order, planning official activities, service-combat and mobilization readiness of the internal affairs department to perform tasks in peacetime and wartime, emergency situations, as well as organizational, staffing and legal support for the activities of the Department of Internal Affairs, etc.

Thus, we can conclude that the functional structure of the internal affairs bodies is determined by the functions of the management system assigned to them and performed by them. A certain influence on the structure is exerted by the specific conditions of the functioning environment (geographical, political, socio-economic and demographic characteristics of the serviced territory, the state of law and order, and other factors).

A vertical section of the system of internal affairs bodies reveals its organizational structure and hierarchy.

It includes:

Central Office of the Ministry of Internal Affairs of the Russian Federation;

At the district level - the main departments of the Ministry of Internal Affairs Russian Federation by federal districts, transport departments of the Ministry of Internal Affairs of the Russian Federation by federal districts;

At the interregional level - operational bureaus of the Ministry of Internal Affairs of the Russian Federation, special purpose centers of the Ministry of Internal Affairs of the Russian Federation, linear controls Ministry of Internal Affairs of the Russian Federation on railway, water and air transport;

At the regional level - ministries of internal affairs for the republics, main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation;

At the district level - departments, departments of the Ministry of Internal Affairs of the Russian Federation for districts, cities and other municipalities, including for several municipalities, departments, departments of the Ministry of Internal Affairs of the Russian Federation for closed administrative-territorial formations, at especially important and sensitive facilities, line departments of the Ministry of Internal Affairs of the Russian Federation for railway, water and air transport, Department of the Ministry of Internal Affairs Russian Federation at the Baikonur complex.

All these bodies, depending on their subordination and functional orientation, are distributed over various levels of management. Considering the territorial internal affairs bodies as a system, the following levels of management are usually distinguished in the most general form:

Ministry of Internal Affairs of the Russian Federation;

GUMVD of Russia for federal districts;

Ministry of Internal Affairs, GUMVD, Department of the Ministry of Internal Affairs of the constituent entities of the Russian Federation;

City and regional departments (departments) of internal affairs;

Territorial police departments included in the ATS.

Before moving on to a more detailed discussion structure elements for each of the above levels of management, it is necessary to dwell on the general distribution of tasks and functions of external and internal management over these main levels of the hierarchy:

a) In accordance with the Regulations on the Ministry of Internal Affairs of Russia, approved by Decree of the President of the Russian Federation of 19.09. 2011 No. 1204, the Ministry of Internal Affairs of the Russian Federation is a federal executive body that performs the functions of developing and implementing public policy and legal regulation in the field of internal affairs, as well as the development of state policy in the field of migration.

The main tasks of the Ministry of Internal Affairs of Russia are:

1) development and implementation of state policy in the field of internal affairs;

2) legal regulation in the field of internal affairs;

3) ensuring the protection of life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, combating crime, protecting public order and property, ensuring public safety;

4) management of the internal affairs bodies of the Russian Federation and internal troops of the Ministry of Internal Affairs of Russia;

5) ensuring social and legal protection of employees of the internal affairs bodies, military personnel of the internal troops, as well as social and legal support for employees of the system of the Ministry of Internal Affairs of Russia, citizens dismissed from service in the internal affairs bodies and from military service, members of their families, other persons, the corresponding provision of which, on the basis of the legislation of the Russian Federation, is entrusted to the Ministry of Internal Affairs of Russia.

Thus, at this level of management, a strategy is developed for the functioning of the entire system of internal affairs bodies of the Russian Federation. In the development of this strategy, the central apparatus of the Ministry of Internal Affairs of the Russian Federation develops installation decisions aimed at organizing the activities of the system headed by it, organizes their implementation and control.

In the external sphere, only normative legal acts, standards, norms and rules issued by the Ministry of Internal Affairs in the order of supremacy (within the powers granted to it, determined by the current legislation) are directed, such as: ensuring security traffic, licensing and permit system, etc. They are mandatory for execution by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, enterprises, institutions and organizations regardless of ownership, public associations, officials and citizens.

b) the Central Internal Affairs Directorate of the Ministry of Internal Affairs of Russia for the federal districts, the Ministry of Internal Affairs of the republics, the Main Directorate of Internal Affairs and the Ministry of Internal Affairs of the constituent entities of the Russian Federation - implement a nationwide policy in the field of protecting the rights and freedoms of man and citizen, protecting law and order and ensuring public safety through organizational leadership and direct management of subordinate units and lower territorial internal affairs bodies.

The decisions developed and adopted by them either interpret the decisions of higher system formations taking into account local geographic, political, socio-economic, demographic and national characteristics served territory, or are aimed at the implementation of regional programs and tasks determined by the relevant executive authorities or arising from integrated assessment the emerging operational situation in the service region. In this part, their tasks and functions are in many respects similar to the tasks and functions of the Ministry of Internal Affairs of Russia.

In addition, their task is to organize, on a regional scale, the interaction of internal affairs bodies with state bodies and public organizations. When necessary, employees of this level participate in the disclosure and investigation of the most complex crimes of an organized and interregional nature, the implementation of the largest and most important measures to ensure the protection of public order and ensure the legal regime of a state of emergency or martial law.

c) At the district level - departments and departments, which are the main link in the system of the Ministry of Internal Affairs, carry out in full all its main functions and, to a much lesser extent, the functions of intraorganizational management.

This:

Ensuring the personal safety of citizens;

Protection of public order and ensuring public safety;

Prevention and suppression of crimes and administrative offenses;

Disclosure and investigation of crimes, organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal punishment, missing persons and other persons, in cases provided for by law;

Execution of punishments not related to deprivation of liberty and administrative penalties referred to the competence of the internal affairs bodies;

Rendering, within the competence of the internal affairs bodies, assistance to citizens, officials, organizations, enterprises, institutions and public associations in the exercise of their rights and legitimate interests.

Topic 11. WAYS TO ENSURE LEGALITY IN PUBLIC ADMINISTRATION

Lesson plan.

1. The concept and principles of legality. The value of legality in public administration.

2. The concept and features of ways to ensure the rule of law in public administration.

3. State control in management.

4. Judicial control as a way to ensure the rule of law.

5. Prosecutor's supervision.

6. Appeal and protest against decisions of executive authorities and their officials

1. Appeal against illegal actions of bodies and officials.

2. Ensuring the rule of law in the activities of executive authorities.

3. Departmental control over legality, its legal regulation and forms of implementation.

5. The meaning and forms of judicial control in the field of public administration.

6. State control in administrative law.

7. Prosecutor's supervision in public administration.

8. Judicial control in public administration.

Questions for self-control:

1. What are the main ways to ensure the rule of law and discipline in public administration?

2. How do the concepts of "discipline" and "legality" relate?

3. How do you understand the relationship between the concepts of "discipline" and "law and order"?

4. Give the concept of control as a way to ensure the rule of law?

5. Control powers of the legislature over executive activities.

6. Presidential control.

7. Government control.

8. Forms of response of the prosecutor to violations of the law.

9. Types of appeals of citizens to the executive authorities. The concepts of "complaint", "statement", "proposal". The concepts of "general administrative complaint" and "special administrative complaint", "judicial complaint".

Exercise 1.

Draw a diagram that reflects the system of ways to ensure the rule of law in public administration.

Task 2.

Having studied the relevant literature, indicate which types of control can be distinguished according to the following criteria: a) by the time of implementation; b) by the object of control; c) by subjects of control activities.

Task 3.

Give the concept of departmental and supra-departmental control and name their subjects.

Can one entity carry out both types of control activities?

Give specific examples.

Task 4.

During an audit conducted by the General Prosecutor's Office of the Russian Federation in one of the ministries, repeated cases of gross violations of the procedure for considering proposals, applications and complaints from citizens were established.

What form of response should be chosen in this case?

Topic 12. ADMINISTRATIVE COMPULSORY AS A METHOD OF STATE ADMINISTRATION

Lesson plan.

1. The concept of administrative coercion and its difference from other types of state coercion.

2. Purposes and grounds for the application of measures of administrative coercion. Types of measures of administrative coercion and their legal characteristics.

3. Legal characteristic administrative warnings.

4. Legal characteristics of measures of administrative restraint.

Topics for reports and messages:

1. Features of the application of measures of administrative coercion.

2. Grounds for classifying measures of administrative coercion.

3. Measures of administrative warning and measures of administrative restraint: general and special.

4. Delivery and detention of offenders as a measure of administrative restraint.

Questions for self-control:

1. The concept and types of state (legal) coercion. Common features of its various types.

2. Concept and distinctive features administrative coercion.

3. Describe the differences in degree (detail) legal regulation the method of persuasion and the method of coercion.

4. Are all organs ( officials) the executive power is authorized to apply administrative coercion?

5. What normative legal acts regulate the use of administrative coercion by the internal affairs bodies? Bodies of the federal border service? customs authorities?

6. Name the measures of administrative coercion that can be applied to legal entities.

7. How can the measures of administrative coercion be classified depending on their purpose?

Exercise 1.

Which of the following measures of state coercion should be attributed to measures of administrative coercion: a) dismissal from work for drinking alcohol at the workplace; b) confiscation of property from a person sentenced by a court to imprisonment; c) detention by a police officer of a person suspected of committing a crime; d) seizure of things that are the instrument of committing an offense from a person subjected to administrative detention; e) delivering the violator to the police for drawing up a protocol on an administrative offense.

Task 2.

When a state of emergency is declared government bodies may apply the following measures: a) temporarily evict citizens from areas dangerous for living; b) carry out sanitary and anti-epidemiological measures; c) suspend the activities of political parties; d) restrict the sale of weapons; e) establish a special regime for the operation of enterprises and institutions; f) expel violators of public order; g) carry out the mobilization of the able-bodied population and vehicles; h) set a curfew.

What types of administrative-legal coercion are, in your opinion, these measures?

Task 3.

At a seminar on administrative law, a dispute arose between students: some argued that the delivery and detention of an offender are measures of administrative restraint. Others - measures to ensure the production of cases of administrative offenses.

Express your opinion on this controversial issue.

Task 4.

Classify measures of administrative coercion on the following grounds:

by the nature of the impact;

For the immediate purposes of application;

by subjects of application;

by the subjects in respect of which these measures are applied.

Task 5.

At the seminar, student Alekseev explained that the administrative detention of a person is nothing more than the implementation of the method of coercion by public authorities. Student Vikhrev objected to him, saying that this measure was legal form executive activities. Which of these students is right?

Coercion is a method of education, which consists in applying measures of influence of a disciplinary or property nature to the violator of discipline, which encourage him to perform established rules behavior. This method is applied to individual unscrupulous employees and is expressed in application to violators labor discipline measures of both disciplinary and social influence. Means of coercion are punishments, and when applying them, it is necessary to observe the rules of the effectiveness of punishments, which include the inevitability of punishment; individualization of punishment; the significance of the punishment for the employee; fairness of punishment; taking into account the gravity of the offense committed.

In order to ensure labor discipline, the Labor Code of the Russian Federation (Articles 21, 22) and a number of other centralized and local acts define the duties of both employees and the employer. At the same time, they are closely interconnected, since the duties of one party employment contract correspond to the rights of another.

The system for establishing the duties of employees is as follows: the general duties of all employees under an employment contract are enshrined in the Labor Code; duties of certain categories of employees and employees of certain industries National economy established in other regulatory legal acts (for example, the duties of scientific and pedagogical workers of a higher educational institution are determined by Article 20 of the Federal Law of August 22, 1996 No.

It should be noted that in the Labor Code of the Russian Federation, special articles 127 and 129 were devoted to the duties of the Employee and the administration in the chapter “Labor discipline”.

No. 125-FZ "On higher and postgraduate professional education"1); directly in the organization, duties are enshrined in the charter, rules of internal work schedule, provisions on structural divisions, job descriptions, regulations on personnel, as well as in collective and labor agreements.

According to Art. 21 of the Labor Code of the Russian Federation, the employee, in particular, is obliged to: observe labor discipline; observe the rules of internal labor regulations; comply with established labor standards; take care of the property of the employer and other employees.

General Responsibilities employer are formulated in Art. 22 of the Labor Code of the Russian Federation. They can also be established and specified in the internal labor regulations, charters of organizations, regulations on discipline. In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged: to ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the execution by them job duties; pay on time wages; take care of the everyday needs of employees related to the performance of their labor duties.

The labor schedule and labor discipline for each particular employer are determined on the basis of the requirements of labor legislation by the rules of internal labor regulations. According to Art. 189 of the Labor Code of the Russian Federation, the internal labor regulations are local normative act, regulating in accordance with Labor Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations from this employer.

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. The procedure for taking into account the opinion of the elected trade union body representing the interests of workers in the adoption of local regulations containing norms labor law, defined by Art. 372 of the Labor Code of the Russian Federation.

They, as a rule, are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation). At the same time, this is by no means necessary, since there are significant differences in the procedure for adopting these acts, the term of the collective agreement is limited, and the procedures for resolving disagreements and disputes that may arise between the employer and employees are also different. Therefore, the formal combination of the collective agreement and the internal labor regulations can lead to unreasonable competition in the application of legal norms.

The law does not establish any special requirements for the content of internal regulations. In each case, it is determined at the discretion of the employer. Until recently, internal labor regulations specific organizations developed on the basis model rules approved in agreement with the All-Union Central Council of Trade Unions by the Decree of the USSR State Committee for Labor dated July 20, 19841, or the relevant industry rules.

The content of the internal labor regulations traditionally includes the following sections: 1) General provisions (on the operation of the rules); 2) The procedure for hiring and dismissal of employees; 3) Basic rights and obligations of employees; 4) Basic rights and obligations of the employer (his representatives); 5) Working hours and work regimes (beginning and end of the working day; accounting of working time; overtime work; prohibited activities in work time); 6) Incentives for success in work (types of incentives; procedure for applying incentive measures; incentives for special merit); 7) Responsibility for violations of labor discipline (types disciplinary actions; penalty for absenteeism and other most significant violations; disciplinary process).

For certain sectors of the national economy and categories of workers, charters and regulations on discipline apply. The presence of these acts is due to the special complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. In accordance with new edition Part 5 Art. 89 of the Labor Code of the Russian Federation, they must be installed federal laws, and until recently approved by the Government of the Russian Federation.

Thus, the Regulations on the discipline of employees of the railway transport of the Russian Federation were approved by the Decree of the Government of the Russian Federation of August 25, 1992 No. 621 "; The Charter on the discipline of workers of the fishing flag of the Russian Federation was approved by the Decree of the Government of the Russian Federation of September 21, 2000 No. 70S2.

There are also statutes and regulations for: militarized mine rescue units for servicing mining enterprises of the metallurgical industry; militarized mine rescue units in transport construction; employees of organizations with especially dangerous production in the field of use atomic energy; maritime transport workers; crews of naval support vessels.

One of the differences between these acts is the presence in them of stricter and more diverse penalties than for all other employees. Regulations and statutes on discipline are obligatory for all workers who fall under their action. Employers are not entitled to make any changes or additions to them.

Some specifics regarding the work schedule of employees subject to regulations and statutes on discipline may be provided for in the internal labor regulations, however, they should not contradict the regulations and statutes.