Disciplinary Liability for Environmental Offenses
Проверьте себя
Право
Короткие вопросы помогут вспомнить главное в документе.
Загрузка вопросов…
Navigation
General Provisions
Disciplinary liability for environmental violations represents a form of legal liability of employees within the scope of their work obligations. It is applied to persons whose offenses do not reach the level of an administrative offense or criminal crime, but violate the requirements for environmental protection during labor activities.
There are two types of disciplinary liability: general, applicable to all employees, and special, applied to certain categories of employees in accordance with regulations and discipline policies. Special disciplinary liability provides for stricter measures of punishment and a broader definition of offense, which is important for employees with high responsibility for environmental safety.
A disciplinary offense includes non-performance or improper performance of duties assigned to an employee, which may cause harm to the environment. The employer is entitled to apply disciplinary measures to violators: a reprimand, warning, or dismissal on established grounds, which allows for timely response to violations of environmental requirements at the enterprise.
The effectiveness of disciplinary liability depends not so much on the severity of sanctions as on their inevitability. Timely application of disciplinary measures stimulates employees to comply with environmental standards and prevents violations at an early stage of production activities.
The main goal of disciplinary liability in the environmental field is to prevent violations and ensure compliance with environmental protection rules in the work process. This approach contributes to the formation of a corporate culture of environmental responsibility and maintaining legal order within the organization.
According to S.A. Bogolyubov, disciplinary liability is a legal liability in the order of subordination of workers and employees of enterprises, institutions, and organizations of all forms of ownership for committing offenses related to labor activity, if these offenses cannot be classified as administrative violations or crimes provided for by respectively the Code of Administrative Offenses of the Russian Federation (CAO RF) and the Criminal Code of the Russian Federation (CC RF)1.
Meanwhile, Yu.G. Zharikov emphasizes that general and special disciplinary liability are distinguished. General disciplinary liability is regulated by the Russian Federation Labor Code (TК RF) and applies to all employees, except those for whom special disciplinary liability has been established. Special disciplinary liability is set forth in charters and regulations on discipline for certain responsible categories of employees. The establishment of special disciplinary liability is due to the specific nature of labor functions performed by these employees. It provides a range of more stringent measures of punishment compared to general disciplinary liability, and in some cases expands the concept of disciplinary offense. Some peculiarities of being held accountable under disciplinary liability are established for government officials2.
According to Article 192 of the Labour Code of the Russian Federation3, for committing a disciplinary offense, that is, non-performance or improper performance by an employee of the duties imposed on him due to his fault, the employer has the right to apply the following disciplinary sanctions: 1) a reprimand; 2) a warning; 3) dismissal under the relevant grounds.
At the same time, according to S.A. Bogolyubov, the main thing is not the severity but the inevitability of punishment. The general direction of crime prevention is their prevention at the stage of production4.
Environmental law: textbook / ed. by S.A. Bogolyubov. Moscow, 2010. P. 155. ↩
Zharikov Y.G. On the application of legal liability for environmental violations // Journal of Russian law. 2010. ↩
Labor Code of the Russian Federation. Art. 3. ↩
Environmental Law: textbook / ed. by S.A. Bogolyubov. Moscow, 2010. P. 157. ↩