Article 58 d. XVII. Grounds for termination of service and dismissal from the internal affairs bodies

P. from September 1, 1994, he worked as a policeman in a platoon of the teaching staff of the Ministry of Internal Affairs, Art. Pskov under a contract for a period of 5 years.

By order of October 10, 1997, P. was dismissed from work under Art. 58 p. "d" for breach of contract.

Considering the dismissal wrong, P. filed a lawsuit to change the wording of the reason for dismissal, referring to the fact that, according to the conclusion of the medical commission, he was declared unfit to continue service.

He asked to change the date of dismissal to November 10, 1997 and to recover one month's allowance in the amount of 806,000 rubles.

At the hearing, he changed the claims, raised the issue of reinstatement at work.

The defendant's representative denied the claim.

The court ruled that P.'s claim was dismissed.

In the cassation appeal, P. asked for its cancellation and a change in the wording of the reason for dismissal to dismissal due to illness, since by the conclusion of the OVVK of the Internal Affairs Directorate of the Pskov Region of 11/14/97 he was recognized as partially fit for military service.

Having checked the case file taking into account the arguments of the complaint, the Judicial Board finds that the court's decision is subject to cancellation on the following grounds.

P. On October 10, 1997, he applied to the administration of the Pskov police department with a letter of resignation on own will.

By order of the same date, he was dismissed from the police under Art. 58 p. "d" Regulations on service in the internal affairs bodies Russian Federation for breach of contract.

Denying P.'s claim for reinstatement, the court proceeded from the fact that, by dismissing the plaintiff, the administration satisfied his application for dismissal of his own free will dated October 10, 1997.

At the same time, the court concluded that this statement reflected the will of the plaintiff and was not forced.

However, the court did not take into account that the dismissal of one's own will from the internal affairs bodies is provided for by paragraph "a" of Art. 58 of the Regulations and this law was not applied to P..

Dismissing the plaintiff under paragraph "d" Art. 58 of the Regulations, the administration of the LOVD found a violation of the terms of P.'s contract in that he raised the issue of dismissal of his own free will before the expiration of the five-year contract.

In formulating the reason for the plaintiff's dismissal in this way, the LOVD administration did not take into account the fact that it agreed with P.'s dismissal before the expiration of the contract.

Under such circumstances, P. should be dismissed under Art. 58 p. "a" of the Regulation, i.e. at will.

Dismissing him for breach of contract is illegal.

Under such circumstances, the decision of the court cannot be recognized as lawful and justified and is subject to cancellation.

Taking into account the fact that the court of the first instance fully established legally significant circumstances, studied the case materials in detail and only incorrectly applied the substantive law, the panel of judges considers it possible to issue a new decision on the case.

From P.'s cassation appeal, it is clear that he waives his demands for reinstatement and asks to change the wording of the reason for dismissal to dismissal for health reasons (paragraph "g" of Article 58).

These claims of the plaintiff are confirmed by the conclusion of the district military medical commission of the Internal Affairs Directorate of the Pskov Region dated November 14, 1997, from which it follows that P. suffers from focal pulmonary tuberculosis in the phase of remission and compaction in the right and second segments of the upper lobe of the right lung, duodenal ulcer, amblyopia left eye. These diseases were obtained by him during military service. In this connection, he was recognized as partially fit for military service.

At the court session, it was additionally established that P., for health reasons, could not work in the police.

In the cassation instance, the representative of the LOVD did not object to changing the wording of the reason for P.'s dismissal to art. 58 p. "g" Regulations.

In view of these circumstances, the panel of judges considers that P. was subject to dismissal under the aforementioned law.

CRIMINAL CODE OF THE RSFSR 1

URL: http://stalinism.narod.ru/vieux/ukaz.htm#t1

SPECIAL PART

Chapter one 2

State crimes

1. Counter-revolutionary crimes

1 The text of Article 58 is quoted from: The Criminal Code of the RSFSR. As amended on July 1, 1938. M.: Legal publishing house of the NKJU USSR, 1938. S.27-32.

2. Chapter one has been put into effect since the entry into force of the Regulations on state crimes, adopted by the 3rd session of the III convocation of the Central Executive Committee USSR February 25, 1927 (SZ 1927 No. 12, Art. 123).

58-1. Any action aimed at overthrowing, undermining or weakening the power of the Workers' and Peasants' Soviets and those elected by them is recognized as counter-revolutionary, on the basis of the Constitution of the USSR and the constitutions of the Union republics, the Workers' and Peasants' governments of the USSR, Union and autonomous republics or to undermine or weaken the external security of the USSR and the main economic, political and national gains of the proletarian revolution.

By virtue of the international solidarity of the interests of all working people, the same actions are recognized as counter-revolutionary even when they are directed at any other working people's state, even if it is not part of the USSR. .

58-1a. Treason to the Motherland, i.e. actions committed by citizens of the USSR to the detriment of the military power of the USSR, its state independence or the inviolability of its territory, such as: espionage, disclosure of military or state secrets, defection to the enemy, flight or flight abroad,

are punishable by the highest measure of criminal punishment - execution with confiscation of all property, and under extenuating circumstances - imprisonment for a term of 10 years with confiscation of all property. 3.

58-1b. The same crimes committed by military personnel are punishable by the highest measure of criminal punishment - by shooting with confiscation of all property. .

58-1c. In the event of a serviceman escaping or flying abroad, adult members of his family, if they contributed in any way to the impending or committed treason, or at least knew about it, but did not bring it to the attention of the authorities, are punishable by imprisonment for a term of 5 to 10 years with confiscation of all property.

The remaining adult family members of the traitor, who lived with him or were dependent on him at the time of the crime, are subject to deprivation of voting rights and exile to remote regions of Siberia for 5 years. .

58-1g. Failure by a serviceman to report an impending or committed treason entails

imprisonment for 10 years.

Non-reporting by other citizens (non-military personnel) prosecuted under Art. 58-12. .

58-2. Armed uprising or invasion of Soviet territory by armed gangs for counter-revolutionary purposes, seizure of power in the center or in the localities for the same purposes and, in particular, with the aim of forcibly tearing away from the USSR and a separate union republic any part of its territory or to annul the agreements concluded by the Union SSR agreements with foreign states entail --

the highest measure social protection-- execution or declaration of an enemy of workers with confiscation of property and deprivation of citizenship of the Union Republic and, thereby, citizenship of the USSR and expulsion from the USSR forever, with the admission, under extenuating circumstances, of demotion to imprisonment for a term of at least three years, with confiscation all or part of the property. .

58-3. Relations for counter-revolutionary purposes with a foreign state or its individual representatives, as well as assistance in any way to a foreign state that is in a state of war with the USSR or is fighting against it by means of intervention or blockade, entails

social protection measures specified in Art. 58-2 of this code. .

58-4. Rendering in any way assistance to that part of the international bourgeoisie, which, not recognizing the equality of the communist system, which is replacing the capitalist system, seeks to overthrow it, as well as to public groups and organizations that are under the influence or directly organized by this bourgeoisie in carrying out hostile against Union SSR activities, entails -

imprisonment for a term not less than three years with confiscation of all or part of property, with an increase, under especially aggravating circumstances, up to the highest measure of social protection - execution or declaring an enemy of workers, with deprivation of citizenship of the Union Republic and, thereby, citizenship of the USSR and expulsion from the USSR forever, with confiscation of property. .

58-5. Inducement of a foreign state or any public groups in it, by intercourse with their representatives, using false documents or other means, to declare war, armed intervention in the affairs of the USSR or other hostile actions, in particular: to blockade, to seize state property of the Union of the SSR or union republics, the rupture of diplomatic relations, the rupture of treaties concluded with the Union of the SSR, etc., entails -

58-6. Espionage, i.e. transfer, theft or collection for the purpose of transferring information that is, in its content, a specially protected state secret, to foreign states, counter-revolutionary organizations or private individuals, entails -

imprisonment for a term not less than three years, with confiscation of all or part of the property, and in cases where espionage has caused or could have caused especially grave consequences for the interests of the USSR, the highest measure of social protection - execution or deprivation of workers declared an enemy citizenship of the union republics and, thus, citizenship of the USSR and expulsion from the USSR forever with confiscation of property.

The transfer, theft or collection for the purpose of transferring economic information that does not constitute a specially protected state secret in its content, but is not subject to disclosure by direct prohibition of the law or by order of the heads of departments, institutions and enterprises, for a fee or free of charge to the organizations and persons indicated above, entails behind you --

imprisonment for up to three years. .

Note 1. Information listed in a special list approved by the Council of People's Commissars of the USSR in agreement with the Councils of People's Commissars of the Union republics and published for general information is considered a specially protected state secret. .

Note 2. With regard to espionage by persons referred to in Article 193-1 of this Code4, Article 193-24 of the same Code shall remain in force. .

58-7. Undermining the state industry, transport, trade, monetary circulation or credit system, as well as cooperation, committed for counter-revolutionary purposes through the appropriate use public institutions and enterprises, or obstruction of their normal activities, as well as the use of state institutions and enterprises or obstruction of their activities, carried out in the interests of former owners or interested capitalist organizations, entails -

58-8. The commission of terrorist acts directed against representatives of the Soviet government or leaders of revolutionary workers' and peasants' organizations, and participation in the execution of such acts, even if by persons who do not belong to a counter-revolutionary organization, entails -

social protection measures specified in Article 58-2 of this Code. .

58-9. Destruction or damage with a counter-revolutionary purpose by explosion, arson or other methods of railway or other ways and means of communication, means of public communication, water supply, public warehouses and other structures or state and public property, entails -

social protection measures specified in Article 58-2 of this Code. .

58-10. Propaganda or agitation containing a call to overthrow, undermine or weaken Soviet power or to commit individual counter-revolutionary crimes (Articles 58-2 - 58-9 of this Code), as well as the distribution or production or storage of literature of the same content yourself --

imprisonment for a term not less than six months.

The same actions during mass disturbances or using the religious or national prejudices of the masses, or in a military situation, or in areas declared under martial law, entail -

58-11. Any kind of organizational activity aimed at the preparation or commission of the crimes provided for in this chapter, as well as participation in an organization formed for the preparation or commission of one of the crimes provided for by this chapter, entails -

social protection measures specified in the relevant articles of this chapter. .

58-12. Failure to report a reliably known, prepared or committed counter-revolutionary crime entails -

imprisonment for a term not less than six months.

58-13. Active actions or active struggle against the working class and the revolutionary movement, manifested in a responsible or secret (agency) position under the tsarist system or with counter-revolutionary governments during the period civil war, entail -

social protection measures specified in Article 58-2 of this Code. .

58-14. Counter-revolutionary sabotage, i.e. deliberate failure to perform certain duties by anyone or deliberately negligent performance of them with the special purpose of weakening the power of the government and the activities of the state apparatus, entails -

imprisonment for a term not less than one year, with confiscation of all or part of property, with an increase, in especially aggravating circumstances, up to the highest measure of social protection - execution, with confiscation of property. .

Notes

1. The text of Article 58 is quoted from: The Criminal Code of the RSFSR. As amended on July 1, 1938. M.: Legal publishing house of the NKJU USSR, 1938. S.27-32.

2. Chapter one has been put into effect since the entry into force of the Regulations on state crimes, adopted by the 3rd session of the III convocation of the Central Executive Committee of the USSR on February 25, 1927 (SZ 1927 No. 12, art. 123).

3. Art. 58-1a - 58-1g were put into effect from the time the post was put into effect. Central Executive Committee of the USSR June 8, 1934 (SZ No. 33, Art. 255).

4. That is, military personnel.

Loginov Anatoly Anatolievich

Article 58 and modern CC

Magazine "Samizdat". URL: http://samlib.ru/l/loginow_a_a/58st.shtml , URL: http://samlib.ru/comment/l/loginow_a_a/58st?&COOK_CHECK=1

Comments: 80, latest from 12/01/2014.
Copyright Lyskov. ( [email protected])
Posted: 22/10/2012, modified: 02/01/2013. 24k. Statistics.
Article: Publicism
Annotation:
An excerpt from D. Lyskov's book "The Forbidden Truth About" Stalin's Repressions. "Children of the Arbat" are lying! with my comments.

Often there is a point of view that all repressions for political reasons (under the so-called Article 58) are illegal and in general are a sign of the totalitarian regime of the communist regime. (My introduction, the rest of the text is borrowed from D. Lyskov)

Because of this, it is interesting to quote the text of the article in its entirety. The author will only allow himself to provide him with the necessary comments in connection with the specifics of the legal language and the fact that important components of the document may go unnoticed behind heavy turns. The text of the article is given according to the electronic version of the site "Kalinin's Dossier" with reference to the "Criminal Code of the RSFSR. As amended on July 1, 1938".

CRIMINAL CODE OF THE RSFSR

SPECIAL PART

Chapter first

STATE CRIMES

1. Counter-revolutionary crimes

58-1. Any action aimed at overthrowing, undermining or weakening the power of the Workers' and Peasants' Soviets and those elected by them, on the basis of the Constitution of the USSR and the constitutions of the union republics, the workers' and peasants' governments of the USSR, union and autonomous republics, or to undermine or weakening the external security of the USSR and the main economic, political and national gains of the proletarian revolution.

By virtue of the international solidarity of the interests of all working people, the same actions are recognized as counter-revolutionary even when they are directed at any other working people's state, even if it is not part of the USSR.

Part 1 of Article 58 defines the concept of "counter-revolutionary crime". "Revolutionary" in it are called "the main economic, political and national achievements of the proletarian revolution", that is, the existing system, as well as the authorities of the USSR. Accordingly, crimes against the existing system are considered "counter-revolutionary". The modern analogue is Section 10 of the Criminal Code of the Russian Federation "Crimes against state power"and the 29th chapter "Crimes against the foundations of the constitutional order and state security" included in it, as well as chapter 30 "Crimes against state power, the interests of public service and service in local governments." Only the postscript about "another state" is non-standard workers", however, at that time there were only two such in the world - Mongolia and Tuva. *** My comment: Actually, at present it is quite possible to state the existence of an international system of punishments for certain crimes (see the Hague Tribunal, or the arrest and trial of General Noriega). In my opinion, it fits perfectly into the logic of this article. If it is possible to punish citizens of other states for "crimes against humanity" (and those who have not committed these crimes in the state where the trial is taking place), why not punish "counter-revolutionary activities"? 58-1a. Treason to the motherland, i.e. actions committed by citizens of the USSR to the detriment of the military power of the USSR, its state independence or the inviolability of its territory, such as: espionage, disclosure of military or state secrets, defection to the enemy, flight or flight abroad, are punishable by the highest measure of criminal punishment - execution with confiscation of all property, and under extenuating circumstances - imprisonment for a term of 10 years with confiscation of all property. Author's comment: Noteworthy is the unusual by today's standards part of the article concerning "flight or flight abroad." It should be noted that we are not talking about going abroad (the issues of leaving were regulated by completely different documents), but about "escape or flight", which is equated, in meaning, with "going over to the side of the enemy." This interpretation should not be surprising, given that Soviet Russia and later the USSR since 1917 were in conditions of ideological and military-political confrontation with the leading capitalist countries of the world, in diplomatic and economic isolation, the gradual overcoming of which began only in the mid-30s of the XX century. *** My comment is the Criminal Code of the Russian Federation. Article 275. High treason: ... that is, espionage, disclosure of state secrets or other assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of the external security of the Russian Federation, committed by a citizen of the Russian Federation, ... Well, providing help in another way may include, from my point of view, the flight (or crossing) across the border of a person who owns state secrets. 58-1b. The same crimes committed by servicemen are punishable by the highest measure of criminal punishment - execution by firing squad with confiscation of all property. 58-1 c. In the event of an escape or flight abroad by a serviceman, adult members of his family, if they contributed in any way to the impending or committed treason, or at least knew about it, but did not bring it to the attention of the authorities, are punished by imprisonment for a term of 5 to 10 years with the confiscation of all property. The remaining adult family members of the traitor, who lived with him or were dependent on him at the time of the crime, are subject to deprivation of voting rights and exile to remote regions of Siberia for 5 years. Author's comment: Here we meet the infamous "responsibility of the families of enemies of the people." It is important that it applies only to the families of traitors-military personnel, whose inaction upon knowledge of treason or complicity in treason is also interpreted as a betrayal. It should also be noted that, according to V. Zemskov's study "GULAG (Historical and Sociological Aspect)", 0.6 percent of those convicted under Article 58 were serving sentences in Stalin's camps under "58-1v". My comment is the Criminal Code: Article 33. Types of accomplices in a crime Here you have almost 58-1v. 58-1 d. Failure by a serviceman to report an impending or committed treason entails imprisonment for 10 years. Non-reporting by other citizens (not military personnel) is prosecuted in accordance with Article 58-12. Author's comment: No less famous point "On non-information". And again, this is not about denunciation of any offense, but about hiding information about treason. Different liability for military personnel and civilians is not specific to the legislation of the 1930s; it is still applied today. Further, in order to trace the logic of the compilers of the article, let's go straight to the 12th point, concerning responsibility for citizens. 58-12. Failure to report a reliably known, planned or committed counter-revolutionary crime entails - imprisonment for a term not less than six months. Author's comment: From a modern point of view, the paragraph looks unreasonably cruel. Of course, the prevention (or non-prevention) of anti-state crimes is a matter of conscience for every citizen. This is the point of view generally accepted today. And again, let us note that the speech in 58-12 is not about "denunciation" as such, but about responsibility for failure to report on a "reliably known" counter-revolutionary crime. **** My comment: we are looking at the modern Criminal Code of the Russian Federation. It seems that failure to report a crime is not prosecuted, but: CC: Article 33. Types of accomplices in a crime 1. Along with the perpetrator, the organizer, instigator and accomplice are recognized as accomplices in a crime .... 5. An accomplice is a person ... who promised in advance to hide the offender, means or instruments of committing a crime, traces of a crime, or objects obtained by criminal means. Here you have almost 58-12th. You did not report on the "reliably known" k \ r. crime - concealed the traces of the crime. And whether you promised or not - that's up to the court to decide ... the most basman in the world, as you know. 58-2. Armed uprising or invasion of Soviet territory by armed gangs for counter-revolutionary purposes, seizure of power in the center or in the localities for the same purposes and, in particular, with the aim of forcibly seizing any part of its territory from the USSR and a separate union republic or terminate the agreements concluded by the USSR with foreign states entail - the highest measure of social protection - execution or declaration of an enemy of workers with confiscation of property and deprivation of citizenship of the union republic and, thereby, citizenship of the USSR and expulsion from the borders of the USSR forever, with the admission under extenuating circumstances, reduction to imprisonment for a term not less than three years, with confiscation of all or part of the property. 58-3. Relations for counter-revolutionary purposes with a foreign state or its individual representatives, as well as assistance in any way to a foreign state that is at war with the USSR or is fighting against it by intervention or blockade, entail - the measures of social protection indicated in Article 58-2 of this Code. Author's comment: In fact, we are talking about responsibility for contacts with foreign states or their representatives in order to overthrow the existing system. Punishable by modern criminal codes of various countries. *** My comment is the Criminal Code of the Russian Federation. Article 275. High treason. Article 278. Forcible seizure of power or forcible retention of power. Article 279. Armed rebellion. Complete match... 58-4. Rendering in any way assistance to that part of the international bourgeoisie, which, not recognizing the equality of the communist system that is replacing the capitalist system, seeks to overthrow it, as well as to public groups and organizations that are under the influence or directly organized by this bourgeoisie in the implementation of hostile against Union of the SSR activities, entails - imprisonment for a term not less than three years with confiscation of all or part of property, with an increase, under especially aggravating circumstances, up to the highest measure of social protection - by shooting or declaring an enemy of workers, with deprivation of citizenship of a union republic and , thereby, citizenship of the USSR and expulsion from the USSR forever, with confiscation of property. Author's comment: If we discard the syllable, which is wild in modern eyes, we are talking about direct complicity with the forces striving to overthrow political system THE USSR. *** My comment: Approximate analogues in the Criminal Code of the Russian Federation - Article 275. High treason. Article 282/1. Organization of an extremist community. Article 282/2. Organization of activities of an extremist organization 58-5. Inducing a foreign state or any public groups in it, by means of intercourse with their representatives, using false documents or other means, to declare war, armed intervention in the affairs of the USSR or other hostile actions, in particular: to blockade, to seize state property of the Union of the SSR or union republics, the severance of diplomatic relations, the severance of agreements concluded with the USSR, etc., entails - the measures of social protection specified in Article 58-2 of this code. Author's comment: In the Criminal Code of the Russian Federation, as amended in 1996, it is included in Chapter 34 "Crimes against the peace and security of mankind." Article 353 states: "Planning, preparing, initiating or waging a war of aggression - shall be punishable by imprisonment for a term of seven to fifteen years." 58-6. Espionage, i.e. transfer, kidnapping or collection for the purpose of transferring information, which by its content is a specially protected state secret, to foreign states, counter-revolutionary organizations or private individuals, entails - imprisonment for a term of at least three years, with confiscation of everything or part of property, and in cases where espionage has caused or could have caused especially serious consequences for the interests of the USSR, - the highest measure of social protection - shooting or declaring an enemy of workers with deprivation of citizenship of the union republics and, thereby, citizenship of the USSR and expulsion from limits of the USSR forever, with confiscation of property. The transfer, theft or collection for the purpose of transferring economic information that does not constitute a specially protected state secret in its content, but is not subject to disclosure by direct prohibition of the law or by order of the heads of departments, institutions and enterprises, for a fee or free of charge to the organizations and persons indicated above, entails followed by imprisonment for up to three years. Note 1. Information listed in a special list approved by the Council of People's Commissars of the USSR in agreement with the Councils of People's Commissars of the Union Republics and published for general information is considered a specially protected state secret. Note 2: With regard to espionage by persons referred to in Art. 193-1 of this Code, Art. 193-24 of the same code. My comment: We look at the Criminal Code of the Russian Federation and find: Article 275. High treason, Article 276. Espionage Almost a complete match... 58-7. Undermining the state industry, transport, trade, money circulation or credit system, as well as cooperation, committed for counter-revolutionary purposes by appropriate use of state institutions and enterprises, or obstruction of their normal activities, as well as the use of state institutions and enterprises or obstruction of their activities, committed in interests of former owners or interested capitalist organizations, entail - social protection measures specified in Art. 58-2 of this code. 58-8. The commission of terrorist acts directed against representatives of the Soviet government or leaders of revolutionary workers' and peasants' organizations, and participation in the execution of such acts, even if by persons not belonging to a counter-revolutionary organization, entails - social protection measures specified in Art. . 58-2 of this code. 58-9. Destruction or damage with a counter-revolutionary purpose by explosion, arson or other methods of railway or other means of communication, means of public communication, water supply, public warehouses and other structures or state and public property, entails social protection measures specified in Art. 58-2 of this code. My comment: We look at the Criminal Code of the Russian Federation and find: Article 281. Sabotage. Article 277. Encroachment on the life of a statesman or public figure 58-10. Propaganda or agitation containing a call to overthrow, undermine or weaken Soviet power or to commit certain counter-revolutionary crimes (Articles 58-2 - 58-9 of this Code), as well as distribution, or production, or storage of literature of the same content entail - imprisonment for a term not less than six months. The same actions during mass unrest or with the use of religious or national prejudices of the masses, or in a military situation, or in areas declared under martial law, entail - social protection measures specified in Art. 58-2 of this code.

ORDER
dated December 14, 1999 No. 1038
"On approval of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation"

XVII. Grounds for termination of service and dismissal from the internal affairs bodies

17.1. Termination of service in the internal affairs bodies is formalized by order. At the same time, the dismissal of employees is carried out by the relevant superiors within the competence established by Article 60 of the Regulations.

17.2. The grounds for dismissal of employees are provided for in Article 58 of the Regulations.

17.3. Dismissal due to illness or a limited state of health (paragraphs "g", "h" of Article 58 of the Regulations) is carried out if there is a conclusion of the military medical commission on the unfitness or limited suitability of the employee for service.

17.4. If the dismissal due to violation of the terms of the contract (paragraph "e" of Article 58 of the Regulations) is carried out at the initiative of the employee, then the head of the internal affairs body is obliged to check the information about the violation within two weeks and, within the limits of the authority granted, take one of the following decisions: develop measures to to eliminate violations of the terms of the contract, invite the employee to write a report on his agreement with measures taken, continuation of service in the internal affairs body and withdrawal of the previous report; dismiss the employee from the service with his consent in connection with the violation through the fault of the head of the internal affairs body of the terms of the contract, which cannot be eliminated by him. If the decision on the issue of dismissal is beyond the competence of the head, then he is obliged to immediately send a report and verification materials to a higher head who has such a right. In the order for the dismissal of an employee from the internal affairs bodies, after referring to paragraph "e" of Article 58 of the Regulations, it is indicated which party violated the terms of the contract.

17.5. Dismissal to reduce staff (paragraph "e" of Article 58 of the Regulations) can be carried out if, as a result of ongoing organizational and staff changes, the further use of the released employees is impossible, if they refuse to be transferred to the service or relocated to serve in another locality.

17.6. In case of dismissal of an employee due to service incompatibility in the certification procedure (paragraph "i" of Article 58 of the Regulations), the certification drawn up for him must contain an objective and comprehensive justification for his professional unsuitability. Such a conclusion should follow from the results of official activities, the attitude of this employee to the case, the practice of observing discipline and the norms of the legislation of the Russian Federation, an analysis of his personal qualities, behavior, and the degree of professional preparedness.

17.7. When dismissing an employee for a gross violation or systematic violations of discipline (paragraph "k" of Article 58 of the Regulations), it is necessary to proceed from the requirements of Article 34 of the Regulations. At the same time, the certification reflects in detail the essence and nature of the violations committed by the employee, as well as his non-compliance with the requirements of legislative and other regulatory legal acts of the Russian Federation regulating the procedure and conditions for fulfilling the duties assigned to him. 17.8. The dismissal of an employee under paragraphs "k", "l" of Article 58 of the Regulations is carried out, as a rule, in the order of implementation of the order on disciplinary action and subject to the requirements of Articles 17 and 39 of the Regulations. 17.9. The dismissal of an employee in connection with a violation of the terms of the contract, as well as under paragraphs "k", "l", "m" of Article 58 of the Regulations, entails property consequences provided for in Article 61 of the Regulations.

17.10. Decisions to leave employees in service in excess of the age limit established for them are made by the heads who have the right to appoint these employees to the position, by approving personal lists (Appendix 14). Lists of employees of the internal affairs bodies who are left in the service over the established age are compiled by personnel departments annually by March 1. They are compiled separately for employees whose term of service is extended for the first time and again, based on their reports and petitions from their immediate superiors. The petitions set out the conclusions of the last attestation, a brief description of business and moral qualities of the employee, other information and circumstances that may be relevant for making a decision, and also indicates until what time (month, year) it is proposed to leave the employee in the service in the internal affairs bodies. The military medical commission of the Ministry of Internal Affairs of Russia assesses the state of health of an employee, indicating that he has no contraindications for service in his position. . Decisions made to leave employees in service in excess of the age limit established for them or to refuse to do so are announced to employees personally by their immediate superiors. Approved personal lists are sent to the personnel departments at the place of work of employees and are stored in the prescribed manner. Based on the documents received in the personal files of employees left in the service, a corresponding entry is made in section 10 of the track record. Petitions and reports are attached to the personal files of employees.

17.11. Before submitting employees for dismissal, the data on their service is specified, the periods subject to offset in the length of service in calendar terms and separately in preferential terms are confirmed. According to the legislation, the length of service is calculated for the appointment of a pension, which is declared to the employee.

17.12. Employees are informed about the upcoming dismissal from service by a notice (Appendix 15), handed to the employee against receipt. In the event that an employee refuses to receive a notification from the personnel department, an appropriate act is drawn up in accordance with the established procedure, and an official notice of dismissal from the internal affairs bodies is sent by registered mail. In addition, a conversation is held with the employee, during which he is informed about the grounds for dismissal, benefits, guarantees and compensations, employment issues, material support and other issues are explained. Representatives of personnel, legal, medical and financial departments, as well as, by decision of the head of the internal affairs body, trade unions (associations) of employees of the internal affairs bodies, may be invited to participate in conversations with the dismissed at their request. If during a conversation with dismissed employees questions are raised that cannot be resolved by the internal affairs body, the chiefs conducting the conversations report these questions to the decision of a higher direct superior.

17.13. Prior to being submitted for dismissal, employees are sent for examination to the military medical commission in order to determine the degree of fitness for military service. The conclusions of the military medical commission are taken into account when determining the grounds for dismissal. Employees dismissed under paragraphs "b", "k", "l" of Article 58 of the Regulations, as well as on other grounds, may not be sent to the military medical commissions if they refuse to be examined by the military medical commission, drawn up by a report addressed to the head having the right to dismiss these employees. Employees dismissed under paragraphs "k", "l", "m" of Article 58 of the Regulations (if they are not sentenced to imprisonment) may, at their request, be sent by personnel units of internal affairs bodies for medical examination to military medical commissions after dismissal from services. Employees who do not have the right to a pension for the length of service, but who are recognized by the military medical commissions as unfit for service, are sent for examination to the medical and social expert commission (hereinafter referred to as MSEC). Persons who have other wordings of the conclusion of the military medical commission on the degree of fitness for service can be sent for examination to the MSEC only at their request. In the same manner, employees who have the right to a pension for the length of service of the established service period and are recognized by military medical commissions as unfit for service are sent for medical examination. If a dismissed employee evades examination by the military medical commission, a note is made about this in the dismissal letter and an appropriate conclusion is drawn up, which is signed by employees of the personnel unit. The conclusion is kept in the personal file of the employee.

17.14. For employees subject to dismissal, the relevant direct superiors in the name of the chief who has the right to dismiss them, are sent submissions for dismissal from the internal affairs bodies. Attached to the submission: a statement from the employee, if the dismissal is made on his initiative; the conclusion of the military medical commission; conclusion on the circumstances, reasons and perpetrators of the breach of contract (for employees submitted for dismissal under paragraph "e" of Article 58 of the Regulations); conclusion based on the materials of internal audits (for employees submitted for dismissal under paragraphs "k", "k" of Article 58 of the Regulation); certification (for employees submitted for dismissal under paragraphs "i", "k", "l" of Article 58 of the Regulation); copies of court judgments (for employees submitted for dismissal under paragraph "m" of the first part of Article 58 of the Regulations and "n" of Article 19 of the Law on Police); decision of the court of honor (in case of consideration of a misdemeanor dismissed by the courts of honor); other documents that are essential for making a decision to dismiss an employee.

17.15. When determining the grounds for dismissal of an employee, his age, state of health, working capacity, length of service, attitude to the service are taken into account. The rights and benefits of those dismissed from service in the payment of benefits, housing and medical support, provided depending on the grounds for dismissal in accordance with the legislative and other regulatory legal acts of the Russian Federation and the Regulations, are taken into account.

When dismissing employees from the internal affairs bodies, the use of wordings not provided for in Article 58 of the Regulations is prohibited. If there are grounds for applying two or more wordings for the dismissal of a positively assessed employee, the one that gives the right to receive the greatest benefits, guarantees, compensations and benefits is indicated. The heads of the internal affairs bodies and personnel departments are responsible for correctly determining the grounds for the dismissal of employees.

17.16. To an employee dismissed from the internal affairs bodies, the relevant personnel unit on the day of dismissal issues against receipt work book with a record of dismissal, introduces the dismissal order or hands over a certified copy of the order, returns the military ID and indicates the need to arrive at the military commissariat at the place of residence within two weeks for military registration.

17.17. Dismissed employees are removed from the special register of the Ministry of Internal Affairs of Russia and transferred by personnel units to military registration in military commissariats at the place of residence for enrollment in the reserve of the Armed Forces of the Russian Federation, if they have not reached the age limit established by Federal Law of March 28, 1998 No. 53-FZ "On Military Duty and Military Service"" for citizens who are in the reserve and have the appropriate military ranks and are fit for military service for health reasons, or retire if they have reached the age limit for being in the reserve of the Armed Forces of the Russian Federation or are recognized as unfit for military service. military service for health reasons or for conscription.

17.18. Delisting personnel bodies of internal affairs employees who died (deceased), recognized by the court as missing, as well as deprived of special ranks by a court verdict, in the rank of police colonel, colonel of the internal service, colonel of justice and above is made by orders of the Minister of Internal Affairs of the Russian Federation on the proposal of the heads of the internal affairs bodies cases, and employees with the rank of police lieutenant colonel, internal service lieutenant colonel, justice lieutenant colonel - by orders of the respective superiors who have the right to dismiss these persons. The order to exclude dismissed persons from the lists indicates the basis for this act (for example, a decision to recognize an employee as missing or deprive a special rank, a death certificate, a document certifying the termination of citizenship of the Russian Federation).

17.19. After the issuance of orders for the dismissal of employees from the internal affairs bodies, the grounds for such dismissal are not subject to change, unless violations of legislative and other regulatory legal acts of the Russian Federation were committed and new circumstances related to the dismissal were not revealed.

17.20. A citizen dismissed from the internal affairs bodies has the right, within a month from the date of delivery of the dismissal order, to appeal against it in court (Article 62 of the Regulations). A citizen dismissed from the internal affairs bodies has the right, before sending a complaint to the court, to apply in the manner prescribed by Article 66 of the Regulations to a higher internal affairs body for clarification or a decision on the issue of reinstatement in the service.

17.21. Archival personal files of former employees of the internal affairs bodies that are stored in the internal affairs body that dismissed the employee, or that are stored in the archives of the relevant internal affairs body, are sent immediately at the request of other internal affairs bodies.

XVIII. Reinstatement in position, special rank and service in the internal affairs bodies

18.1. Employees of the internal affairs bodies who are recognized in the prescribed manner as illegally or unreasonably transferred from their service, removed from their positions or demoted, reduced in a special rank, as well as illegally dismissed from the internal affairs bodies, are subject to reinstatement, respectively, in a position, a special rank, in the service in the internal affairs bodies.

18.2. If it is impossible to restore the previously occupied regular position due to the reorganization and liquidation of the internal affairs body (subdivision), the reduction of the previously occupied regular position, the presence of other legal grounds that prevent the restoration in the previously occupied regular position, the employee is appointed with his consent to the position corresponding to the previous one in kind activities, equal in salary and maximum special rank.

18.3. Employees of internal affairs bodies who are recognized in the prescribed manner as illegally or unreasonably transferred from their service, removed from their positions or demoted, are reinstated in their previous regular positions by orders of superiors who have been granted the right to be appointed to a position, or by orders of higher superiors within the limits of their competence.

18.4. Restoration in the former special rank of employees in positions of junior commanding staff is carried out by orders of the chiefs who had previously decided to reduce them in rank, or by higher superiors.

18.5. The basis for issuing an order to reinstate employees is a court decision, duly approved conclusions of internal audits with a conclusion about the groundlessness or illegality of the decision to relocate, remove from office or demotion, reduction in special rank. In the conclusions on the facts of illegal or unjustified reduction in a special rank and in orders for the restoration in the previous special rank, the periods counted as length of service for the assignment of the next special rank are indicated. Employees recognized as unlawfully dismissed from the internal affairs bodies are reinstated in the service by orders of their superiors, who have been granted the right to be appointed to a position, or higher superiors. The grounds for issuing orders for reinstatement to service are the conclusions of internal audits approved by the above-mentioned superiors, as well as court decisions that have entered into force on recognizing the dismissal as illegal.

For persons dismissed in connection with a conviction for a crime after the conviction has entered into force, as well as for persons deprived of special ranks for this reason, but then rehabilitated in accordance with the procedure established by the legislation of the Russian Federation, the basis for reinstatement in the service and in a special rank are relevant rehabilitation documents. The conclusions on the reinstatement of employees in the service in the internal affairs bodies and a special rank indicate the periods counted in the length of service, which gives the right to a pension, as well as to receive a percentage bonus for the length of service, in the length of service in a special rank. The periods counted in the service are indicated in the order for the reinstatement of an employee in the service in the internal affairs bodies and a special rank.

The specified periods are counted in the service on a calendar or preferential basis in accordance with the legislative and other regulatory legal acts of the Russian Federation. For persons dismissed in connection with a conviction for a crime after the conviction has entered into force and subsequently rehabilitated), the time of serving the sentence and detention is counted towards the length of service in order to receive a pension in the manner determined by legislative and other regulatory legal acts of the Russian Federation.

18.6. Conclusions based on the materials of internal audits, as well as copies of orders for reinstatement, special rank, service in the internal affairs bodies are attached to the personal files of employees. Submissions for the reinstatement of employees in the previous special ranks are sent: for junior commanding officers - to the personnel units of the internal affairs bodies, the heads of which decided to reduce the special rank; for persons of middle and senior commanding staff - in the GUKiKP of the Ministry of Internal Affairs of Russia.

18.7. Employees of the internal affairs bodies dismissed from service in connection with a conviction for a crime, and then rehabilitated in the prescribed manner, compensation for the damage caused is carried out in accordance with the current legislation of the Russian Federation. Employees of the internal affairs bodies who have been illegally or unjustifiably transferred from service, demoted or in a special rank, dismissed from the bodies, are paid a monetary allowance for the position from which they were dismissed, and for the special rank in which they were, for the period before their reinstatement in a position, special rank or service in the internal affairs bodies, but not more than for one year, and employees who, during the period of dismissal and before reinstatement, worked at enterprises, in institutions and organizations, were engaged in entrepreneurial activities, are compensated for the difference between cash allowance received from last post in the internal affairs bodies, and actual earnings during the forced break in service.

18.8. In orders for the reinstatement of employees in positions, special ranks in the service, their positions, official salaries and established allowances and the periods for which they are paid monetary allowances are indicated.

18.9. An official of the internal affairs bodies who has made a decision on relocation, demotion, reduction in a special rank, dismissal from the internal affairs bodies with a clear violation of the law or delayed the execution of a decision on reinstatement in a position, a special rank, in the service in the internal affairs bodies, bears disciplinary responsibility and compensates for the damage caused to the internal affairs body in connection with payments to an employee made due to illegal or unjustified promotion, demotion or reduction in a special rank, dismissal from the internal affairs bodies, in the amounts established by the legislation of the Russian Federation on labor.

XIX. Assignment of special ranks and calculation of length of service to employees of the court and the prosecutor's office who transferred to the service in the internal affairs bodies

19.1. Employees of the court and the prosecutor's office who entered the service of the internal affairs bodies, after their appointment to the appropriate positions of the middle, senior and senior commanding staff, are assigned special ranks, taking into account their qualification classes and class ranks in the manner determined by the Decree of the Council of Ministers - the Government of the Russian Federation dated 12 July 1993 No. 656 "On the procedure for awarding special ranks to employees of the court and the prosecutor's office who entered the service in the internal affairs bodies of the Russian Federation, and calculating the length of service for obtaining

XX. The procedure for giving honors at the burial of employees of the internal affairs bodies.

20.1. Giving honors during the burial of employees of internal affairs bodies is carried out by decision of the head of the body (division) of internal affairs, agreed, if necessary, with the relevant state authorities and local governments.

20.2. Honors are given at the burial of: employees who died (deceased) while serving in the internal affairs bodies; persons of senior and senior commanding staff who have served in the internal affairs bodies for 20 years or more (in calendar terms), as well as those who have not served the specified period, but who had special merits and died after the end of service (periods (in calendar terms) are counted in the specified length of service) provided for by the Decree of the Council of Ministers - the Government of the Russian Federation dated September 22, 1993 No. 941); persons with the honorary title "Honored Officer of the Internal Affairs Bodies of the Russian Federation", awarded the honorary badge "Honored Officer of the Ministry of Internal Affairs of the Russian Federation"; persons who died after being dismissed from service due to injury (concussion), illness received during the period of service.

20.3. The burial of employees who died (deceased) during their service in the internal affairs bodies is carried out, as a rule, at the place of their last service.

20.4. The organization of the funeral of employees who died (deceased) while serving in the internal affairs bodies is assigned to their direct superiors.

20.5. The organization of the funeral of employees who served in the internal affairs bodies for 20 years or more (in calendar terms), as well as those who did not serve the specified period, but had special merits and died after the end of service and did not work by the day of death in organizations of other departmental affiliation, is assigned to the Ministry of Internal Affairs , Central Internal Affairs Directorate, Internal Affairs Directorate of the constituent entities of the Russian Federation, Internal Affairs Directorate, RUBOP for last place service of the deceased or the Ministry of Internal Affairs, Central Internal Affairs Directorate, Internal Affairs Directorate of the constituent entities of the Russian Federation at his last place of residence. At the request of close relatives of the dead (deceased) employees of the internal affairs bodies, their bodies can be transported for burial at the place of residence of relatives. The head of the body (division) of internal affairs on the day of establishing the fact of death (death) of an employee is obliged to notify the next of kin about this and create a commission for organizing a funeral. 20.6. Funeral Commission:
in agreement with the relatives of the deceased, taking into account local conditions, determines the procedure, place of mourning events and burial, distributes the duties of members of the commission;
receives Required documents(death certificate, death certificate and other documents);
organizes the delivery of clothes and a coffin to the location of the deceased (deceased);
prepares a portrait of the deceased (deceased) and an obituary;
determines the place of installation of the coffin with the body of the deceased (deceased);
organizes its delivery to this place and the procedure for saying goodbye to the deceased (deceased);
appoints a person responsible for the delivery of orders and medals to the place of farewell to the deceased (deceased) and the transfer of orders and medals at the end of the funeral to the appropriate personnel unit for returning to the relatives of the deceased (deceased);
decides on the acquisition of ritual accessories, allocation of vehicles, dressing up the orchestra, guard of honor, honorary escort, allocation of employees to accompany the coffin, carrying a portrait, wreaths, pillows with orders and medals, coffin lids, and performing individual assignments. Religious ceremonies are allowed during the funeral.

20.7. Employees who died (deceased) while serving in the internal affairs bodies, as well as former employees, are buried, as a rule, in uniform. A summer uniform headdress (cap) is attached to the lid of the coffin. Each order is attached to a separate pad; several medals can be attached to one pad. The uniform of employees present at the funeral is determined by the head of the internal affairs body. During the burial ceremony and giving honors, a mourning ribbon is worn on the left sleeve.

20.8. The funeral ceremony is organized in relation to the requirements of the Charter of the garrison and guard service of the Armed Forces of the Russian Federation, taking into account local conditions and opportunities and, as a rule, includes: posting a guard of honor (sentinels) to the coffin from among the employees of the internal affairs body, in uniform, with weapons (machine guns); placing honorary sentries at the coffin - heads and employees of the internal affairs body, members of the public; allocation of an honorary escort to accompany the coffin; holding a funeral ceremony of farewell (funeral rally); giving military honors - a triple rifle salute when lowering the coffin with the body of the deceased into the grave (cremation), performing the National Anthem of the Russian Federation.

20.9. Payment for burial expenses, as well as for the manufacture and installation of tombstones, is carried out in accordance with the Decree of the Government of the Russian Federation dated May 6, 1994 No. 460 "On the norms of expenses Money for the burial of dead (deceased) military personnel, employees of internal affairs bodies, citizens called up for military training, and persons dismissed from military service (service), as well as for the manufacture and installation of tombstones.