Analysis of correlation between disciplinary and criminal liability

The topicality of the following research is related to the necessity of its usage in the process of investigation and examination of post-trial procedures and in processual examinations in accordance with Articles 144-145 of the Criminal Procedure Code of the Russian Federation (CPC RF). Fight against corruption is impossible only in the context of criminal law; furthermore, measures against corruption should be related to the disciplinary liability of officials. Problems of correlation between disciplinary and criminal liability are manifested in investigative and court practice. Possibility of investigation concerning bringing to disciplinary account of officials in criminal law is impeded by the corporate and private character of administrative relations. Especially noteworthy in this aspect is investigation of examination materials in accordance with Articles 144-145 of the CPC RF and of few criminal cases containing materials of official checking procedures that resulted in disciplinary liability application. The conducted analysis of investigative and court practice has demonstrated the following possibilities of correlation between disciplinary and criminal liability: 1. Presence of disciplinary liability and absence of criminal liability (when the crime contains characteristics of a disciplinary offence, yet no characteristics of a crime). 2. Presence of disciplinary and criminal liability (an official committed a crime while performing their official duties). 3. Absence of disciplinary and criminal liability (the examined case contains no evidence of a crime or a disciplinary offence). 4. Absence of disciplinary liability and presence of criminal liability (when at the time of official checking procedures the employer justifies the actions of the official as appropriate, yet the investigative board and the court recognize components of the crime; or the employer leaves out the term of disciplinary liability application, but the term of criminal liability application has not expired yet). As a result, disciplinary liability is not included in the system of public liability, its principles are stated by the Labor Code, yet it contains features of publicity since it is applied to state officials. In principle, it may be in disagreement with the court decision of finding the official guilty in committing a crime. Private and corporate character of state service provides court appeals of orders concerning disciplinary liability unfavorable for the worker; it may also create further difficulties in state service, which prevents the creation of systematic ways of application of liability to officials.

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