The procedure for conducting an internal audit at the police department. Application. The procedure for conducting internal audits in bodies, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation. Information about changes
Since June 25, 2013, Order No. 161 of the Ministry of Internal Affairs of Russia of March 26, 2013 has been in force, approving the Procedure for conducting internal audits in bodies, organizations and divisions of the Ministry of Internal Affairs Russian Federation. The named Procedure determines the organization of work on conducting official inspections in the divisions of the central apparatus of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational institutions, research, medical, sanitary and sanatorium-resort organizations of the Russian Ministry of Internal Affairs system, district logistics departments of the Russian Ministry of Internal Affairs system, other organizations and divisions created to carry out the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation. The procedure does not apply to federal civil servants and employees of bodies, organizations and divisions of the Ministry of Internal Affairs of Russia. The official audit is carried out in accordance with the Federal Law of February 7, 2011 No. 3-FZ “On the Police”, the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts Russian Federation", the Disciplinary Charter of the Internal Affairs Bodies of the Russian Federation, approved by Decree of the President of the Russian Federation of October 14, 2012 No. 1377. An official inspection is carried out by decision of the Minister of Internal Affairs of the Russian Federation, Deputy Minister, head (chief) of an agency, organization or division of the Ministry of Internal Affairs of Russia, deputy head (chief) of a territorial body of the Ministry of Internal Affairs of Russia at the district, interregional or regional levels, head (chief) of a structural unit of a territorial body of the Ministry of Internal Affairs of Russia at the district, regional levels, which includes a personnel unit, in relation to an employee of internal affairs bodies, a subordinate for his service. As part of an internal inspection, the employees conducting it do not have the right to perform actions within the competence of the inquiry and preliminary investigation bodies. If signs of a crime or an administrative offense are detected in the actions of an employee subject to an internal audit specified information subject to registration and verification in the prescribed manner. If, based on the results of an internal audit, it is necessary to impose a disciplinary sanction on an employee in respect of whom an internal audit was carried out, which the manager (supervisor) does not have the right to impose, he applies for the imposition of this disciplinary action before a superior manager (boss) in accordance with Part 4 of Article 51 Federal Law dated November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.” The basis for conducting an internal audit is the need to identify the causes, nature and circumstances of the disciplinary offense committed by the employee, confirm the presence or absence of the circumstances provided for in Article 29 of the Federal Law of February 7, 2011 No. 3-FZ “On the Police,” as well as the employee’s statement. The decision to conduct an internal audit must be made no later than two weeks from the moment the relevant manager (supervisor) receives the information that serves as the basis for its conduct. In accordance with Part 4 of Article 52 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation,” the service audit must be completed no later than one month from the day the decision was made to carry it out. The period for conducting an internal audit does not include periods of temporary incapacity for work of the employee in respect of whom an internal audit is being carried out, while he is on vacation or on a business trip, as well as the time the employee is absent from service for other reasons. good reasons, confirmed by the corresponding certificate from the personnel department of the body, organization or unit of the Ministry of Internal Affairs of Russia. The procedure for conducting internal audits in bodies, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation also provides for the powers of participants in the internal audit and the procedure for processing the results of the internal audit. The draft conclusion based on the results of the internal inspection with the attached materials is agreed upon with the personnel and legal departments of the body, organization or division of the Ministry of Internal Affairs of Russia, whose employees carried out the internal inspection. The conclusion based on the results of the internal audit is presented to the relevant manager (supervisor) no later than three days from the date of completion of the internal audit and is approved by him no later than five days from the date of its submission. After the relevant manager (supervisor) approves the conclusion based on the results of the internal inspection, in relation to the employee who committed a disciplinary offense, the employee (commission) who conducted it prepares a draft order to impose a disciplinary sanction, which is agreed upon with the personnel and legal department. An employee in respect of whom an internal audit was carried out has the right to appeal the conclusion based on the results of an internal audit to a senior manager (boss) or to court. By Order of the Ministry of Internal Affairs of Russia dated March 26, 2013 No. 161, Order of the Ministry of Internal Affairs of Russia dated December 24, 2008 No. 1140 “On approval Instructions on the procedure for organizing and conducting official inspections in bodies, divisions and institutions of the system of the Ministry of Internal Affairs of the Russian Federation” was declared invalid.
Appendix 3 to topic No. 7
The procedure for appointing and conducting an internal audit is regulated by Art. 52 of Federal Law No. 342 “On service in the Department of Internal Affairs of the Russian Federation.”
An internal audit is carried out by decision of the manager federal body executive power in the field of internal affairs or an authorized manager if it is necessary to identify the causes, nature and circumstances of a disciplinary offense committed by an employee of internal affairs bodies, confirm the presence or absence of circumstances provided for in Article 29 of the Federal Law “On Police”, as well as at the request of the employee.
An internal affairs officer who is directly or indirectly interested in its results cannot participate in an internal audit. In this case, he is obliged to submit to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, a report on his release from participation in this audit. If this requirement is not met, the results of the internal inspection are considered invalid, and the inspection period established by part 4 of Art. 52 of Federal Law No. 342 “On Service in the Department of Internal Affairs of the Russian Federation” is extended for ten days.
When conducting an internal audit of an employee of the internal affairs bodies, measures must be taken to objectively and comprehensively establish:
· facts and circumstances of the employee committing a disciplinary offense;
· employee's guilt;
· the reasons and conditions that contributed to the employee committing a disciplinary offense;
· the nature and extent of the harm caused by the employee as a result of committing a disciplinary offense;
· the presence or absence of circumstances preventing the employee from serving in the internal affairs bodies.
The internal audit must be completed no later than one month from the date of the decision to conduct it. IN specified period periods of temporary incapacity for work of an employee of the internal affairs bodies, in respect of whom an official audit is being carried out, periods of his being on vacation or on a business trip, as well as the time the employee is absent from service for other valid reasons.
The results of the internal audit are presented to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct the internal audit, in writing in the form of a conclusion no later than three days from the date of completion of the audit. The said conclusion is approved by the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, no later than five days from the date of submission of the conclusion.
An employee of the internal affairs bodies who is subject to an internal audit:
· is obliged to give written explanations regarding the circumstances of the internal audit, if this is not related to self-incrimination;
· has the right to:
a) submit statements, petitions and other documents;
b) appeal the decisions and actions (inaction) of employees conducting an internal audit to the head of the federal executive body in the field of internal affairs or the authorized manager who made the decision to conduct an internal audit;
c) get acquainted with the conclusion based on the results of the internal audit, if this does not contradict the requirements of non-disclosure of information constituting state and other secrets protected by law;
d) demand that your explanations be verified using psychophysiological studies (examinations).
The conclusion based on the results of the internal audit indicates:
· established facts and circumstances;
· proposals regarding the imposition of a disciplinary sanction on an employee of internal affairs bodies.
The conclusion based on the results of the internal audit is signed by the persons who conducted it and approved by the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct the internal audit.
The procedure for conducting an internal audit is established by the federal executive body in the field of internal affairs.
Appendix 4 to topic No. 7
Approximate sample task plan for checking the complaint
I APPROVED
Deputy Chief
Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow
police colonel
Ivanov I.I.
April 2012
Task plan
to verify the complaint Sidorova I.S. and Sidorova M.I.
The Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow received a complaint from the Moscow Prosecutor's Office from Mr. I.S. Sidorova. and Sidorova M.I., living at the address, Moscow st. Green 25 sq. 19 about the illegal actions of the operational commissioner of the OBEP, police major Ivanov M. in relation to their son, entrepreneur E.I. Sidorov.
In order to verify the authenticity of the circumstances set out in the complaint, it is necessary to carry out the following activities:
2. Meet with the witness of the collision in the restaurant, citizen Ivantsov I.V., talk with him and take testimony.
3. Meet with the witness of the collision in the restaurant, citizen Suyarov T.Kh., talk with him and take testimony.
4. Meet with the witness of the collision in the restaurant, citizen P.O. Drunina. talk to her and take her testimony.
5. Meet with the witness of the collision in the restaurant, citizen G.R. Koltsova . talk to her and take her testimony.
6. Meet with the witness of the collision in the restaurant, citizen R.D. Takhtabaeva, talk to her and take testimony.
7. Meet with waitress A.A. Petrova. witness the collision in the restaurant, talk to her and take a statement.
8. Meet with the restaurant security officer T.N. Korovin. witness the collision in the restaurant, talk to him and take statements.
9. Meet at the end of the inspection with police major M. Ivanov and take his explanations on the facts stated in the complaint.
10. To establish the identity of the second police officer, participant in the arrest of citizen E.I. Sidorov. in a restaurant, talk to him and take his testimony.
11 Identify the citizen who was a witness at the identification of E.I. Sidorov as the attempted murderer of citizen G.N. Lskavyan, talk to them and take testimony.
10. Familiarize yourself with:
– with logs of complaints in the department for the last three years in order to search for complaints against the operational commissioner of the OBEP, police major Ivanov M., if they are found, make a detailed extract from the inspection materials and attach them with the inspection materials.
– with the materials of the criminal case regarding the attempt on the life of citizen G.N. Lskavian. On May 22, 2004, paying special attention to the protocol of the identification of Mr. Sidorov E.I. as a suspect in the attempt on the life of citizen G.N. Lskavian.
12. Request copies of characteristics and statements on the operational commissioner of the OBEP, police major Ivanov M. for the last 3 years and attach them to the inspection materials.
13. Request a copy of the certificate from the tax office financial situation Rubin company over the past two years.
14. Request from the HR department copies of statements and service characteristics for police major Ivanov M from the personal file for the last three years.
15. Get acquainted with the criminal cases of the convicted Osadchy V.I. in the court archives. and Popova R.O. in order to identify the involvement of the police major Ivanov M. in bringing them to criminal responsibility.
16. Based on the results of the inspection, prepare a final report for the report to management.
17. If the facts stated in the complaint are confirmed, make proposals to eliminate the damage caused by the unlawful actions of the police officer and take disciplinary measures against the guilty officer.
18. Based on the results of checking the complaint, prepare a draft response to the authors of the complaint.
Appendix 5 to topic No. 7
Policy regarding the processing of personal data
1. Terms and accepted abbreviations
1. Personal data (PD) – any information relating to a directly or indirectly identified or identifiable individual (PD subject).
2. Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
3. Automated processing of personal data – processing of personal data using computer technology.
4. Personal data information system (PDIS) – a set of personal data contained in databases and ensuring their processing information technologies and technical means.
5. Personal data made publicly available by the subject of personal data is PD, access of an unlimited number of persons to which is provided by the subject of personal data or at his request.
6. Blocking of personal data – temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data).
7. Destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed.
8. A cookie is a piece of data that is automatically placed on your computer's hard drive each time you visit a website. Thus, a cookie is a browser's unique identifier for a website. Cookies make it possible to store information on a server and help you navigate the web more easily, as well as allow you to analyze the site and evaluate the results. Most web browsers allow cookies, but you can change your settings to refuse cookies or to track cookies. However, some resources may not work correctly if cookies are disabled in the browser.
9. Web tags. On certain web pages or emails, the Operator may use common Internet “web tagging” technology (also known as “tags” or “fine GIF technology”). Web tags help analyze the performance of websites, for example by measuring the number of visitors to a site or the number of “clicks” made on key positions on a site page.
10. Operator - an organization that, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, and actions (operations) performed with personal data.
11. User – Internet user.
12. The site is a web resource https://lc-dv.ru, owned by the Limited Liability Company "Legal Center"
2. General provisions
1. This Policy regarding the processing of personal data (hereinafter referred to as the Policy) is drawn up in accordance with paragraph 2 of Article 18.1 of the Federal Law “On Personal Data” No. 152-FZ of July 27, 2006, as well as other regulatory legal acts of the Russian Federation in areas of protection and processing of personal data and applies to all personal data that the Operator may receive from the User while using the Site on the Internet.
2. The operator ensures the protection of processed personal data from unauthorized access and disclosure, misuse or loss in accordance with the requirements of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”.
3. The operator has the right to make changes to this Policy. When changes are made, the date of the last update of the edition is indicated in the title of the Policy. The new version of the Policy comes into force from the moment it is posted on the website, unless otherwise provided new edition Politicians.
3. Principles of processing personal data
1. The processing of personal data by the Operator is carried out on the basis of the following principles:
2. legality and fair basis;
3. limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;
4. preventing the processing of personal data incompatible with the purposes of collecting personal data;
5. preventing the merging of databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
6. processing only those personal data that meet the purposes of their processing;
7. compliance of the content and volume of processed personal data with the stated purposes of processing;
8. preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;
9. ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
10. destruction or depersonalization of personal data upon achieving the goals of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate the violations of personal data, unless otherwise provided by federal law.
4. Processing of personal data
1. Obtaining PD.
1. All PD should be obtained from the subject of the PD himself. If the subject's PD can only be obtained from a third party, then the subject must be notified of this or consent must be obtained from him.
2. The operator must inform the PD subject about the purposes, intended sources and methods of obtaining PD, the nature of the PD to be received, the list of actions with PD, the period during which the consent is valid and the procedure for its revocation, as well as the consequences of the PD subject’s refusal to give written consent to receive them.
3. Documents containing PD are created by receiving PD via the Internet from the PD subject during his use of the Site.
2. The operator processes personal data if at least one of the following conditions is present:
1. Processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
2. Processing of personal data is necessary to achieve the goals provided for by an international treaty of the Russian Federation or law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the operator;
3. Processing of personal data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
4. Processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
5. Processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
6. Processing of personal data is carried out, access to an unlimited number of persons is provided by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);
7. The processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
3. The operator may process PD for the following purposes:
1. increasing the awareness of the PD subject about the products and services of the Operator;
2. concluding agreements with the subject of personal data and their execution;
3. informing the subject of personal data about news and offers of the Operator;
4. identification of the subject of personal data on the Site;
5. ensuring compliance with laws and other regulations in the field of personal data.
1. Individuals who are in civil legal relations with the Operator;
2. Individuals who are Users of the Site;
5. PD processed by the Operator is data received from Users of the Site.
6. Personal data is processed:
1. – using automation tools;
2. – without the use of automation tools.
7. Storage of PD.
1. PD of subjects can be received, undergo further processing and transferred for storage both on paper and in electronic form.
2. PD recorded on paper is stored in locked cabinets or in locked rooms with limited access rights.
3. PD of subjects processed using automation tools for different purposes is stored in different folders.
4. It is not allowed to store and place documents containing personal data in open electronic catalogs (file sharing services) in ISPD.
5. PD is stored in a form that allows identification of the PD subject for no longer than required by the purposes of their processing, and they are subject to destruction upon achievement of the purposes of processing or in the event of the loss of the need to achieve them.
8. Destruction of PD.
1. The destruction of documents (media) containing personal data is carried out by burning, crushing (grinding), chemical decomposition, transformation into a shapeless mass or powder. A shredder can be used to destroy paper documents.
2. PD on electronic media is destroyed by erasing or formatting the media.
3. The fact of destruction of PD is documented by an act of destruction of media.
9. Transfer of PD.
1. The operator transfers PD to third parties in the following cases:
– the subject has expressed his consent to such actions;
– the transfer is provided for by Russian or other applicable legislation within the framework of the procedure established by law.
2. List of persons to whom PD is transferred.
Third parties to whom PD is transferred:
The Operator transfers the PD to Legal Center LLC (located at: Khabarovsk, 680020, Gamarnika St., 72, office 301) for the purposes specified in clause 4.3 of this policy. The operator entrusts the processing of PD to Legal Center LLC with the consent of the PD subject, unless otherwise provided by federal law, on the basis of an agreement concluded with these persons. Legal Center LLC processes personal data on behalf of the Operator and is required to comply with the principles and rules for processing personal data provided for by Federal Law-152.
5. Protection of personal data
1.According to requirements regulatory documents The operator has created a personal data protection system (PDS), consisting of subsystems of legal, organizational and technical protection.
2. The legal protection subsystem is a complex of legal, organizational, administrative and regulatory documents that ensure the creation, operation and improvement of the legal protection system.
3. The subsystem of organizational protection includes the organization of the management structure of the CPPD, the permitting system, and the protection of information when working with employees, partners and third parties.
4. The technical protection subsystem includes a set of technical, software, software and hardware tools that ensure PD protection.
5. The main PD protection measures used by the Operator are:
1. Appointment of a person responsible for PD processing, who organizes PD processing, training and instruction, internal control over compliance by the institution and its employees with PD protection requirements.
2. Identification of current threats to the security of personal data when they are processed in ISPD and the development of measures and measures to protect personal data.
3. Development of a policy regarding the processing of personal data.
4. Establishing rules for access to personal data processed in the ISPD, as well as ensuring registration and accounting of all actions performed with personal data in the ISPD.
5. Establishing individual passwords for employees to access the information system in accordance with their production responsibilities.
6. Application of information security tools that have passed the conformity assessment procedure in accordance with the established procedure.
7. Certified antivirus software with regularly updated databases.
8. Compliance with conditions ensuring the safety of personal data and excluding unauthorized access to them.
9. Detection of facts of unauthorized access to personal data and taking measures.
10. Restoration of personal data modified or destroyed due to unauthorized access to it.
11. Training of the Operator’s employees directly involved in the processing of personal data in the provisions of the legislation of the Russian Federation on personal data, including requirements for the protection of personal data, documents defining the Operator’s policy regarding the processing of personal data, local acts regarding the processing of personal data.
12. Implementation internal control and audit.
6. Basic rights of the subject of personal data and obligations of the Operator
1. Basic rights of the subject of personal data.
The subject has the right to access his personal data and the following information:
1. confirmation of the fact of processing of PD by the Operator;
2. legal grounds and purposes of PD processing;
3. goals and methods of PD processing used by the Operator;
4. name and location of the Operator, information about persons (except for the Operator’s employees) who have access to PD or to whom PD may be disclosed on the basis of an agreement with the Operator or on the basis of federal law;
5. terms of processing of personal data, including periods of their storage;
6. the procedure for the exercise by the subject of personal data of the rights provided for by this Federal Law;
7. name or surname, first name, patronymic and address of the person processing PD on behalf of the Operator, if the processing has been or will be assigned to such a person;
8. contacting the Operator and sending him requests;
9. appealing the actions or inaction of the Operator.
10. The Site user may at any time withdraw his consent to the processing of PD by sending an email to the following email address: [email protected], or by sending a written notification to the address: 680020, Khabarovsk, st. Gamarnika, house 72, office 301
eleven. . After receiving such a message, the processing of the User's PD will be stopped and his PD will be deleted, except in cases where processing can be continued in accordance with the law.
12. Responsibilities of the Operator.
The operator is obliged:
1. when collecting PD, provide information about PD processing;
2. in cases where the PD was not received from the subject of the PD, notify the subject;
3. if the subject refuses to provide PD, the consequences of such refusal are explained to the subject;
5. take the necessary legal, organizational and technical measures or ensure their adoption to protect PD from unauthorized or accidental access to it, destruction, modification, blocking, copying, provision, distribution of PD, as well as from other unlawful actions in relation to PD;
6. provide responses to requests and appeals from subjects of personal data, their representatives and the authorized body for the protection of the rights of subjects of personal data.
7. Features of processing and protection of data collected using the Internet
1. There are two main ways in which the Operator receives data via the Internet:
1. Providing PD by PD subjects by filling out the Site forms;
2. Automatically collected information.
The operator can collect and process information that is not PD:
3. information about the interests of Users on the Site based on the entered search queries of Site users about services and goods sold and offered for sale in order to provide up-to-date information To Users when using the Site, as well as generalization and analysis of information about which sections of the Site, services, products are in greatest demand among Site Users;
4. processing and storing search queries of Site Users for the purpose of summarizing and creating statistics on the use of sections of the Site.
2. The Operator automatically receives certain types of information obtained during the interaction of Users with the Site, correspondence via e-mail and so on. It's about about technologies and services such as cookies, Web tags, as well as User applications and tools.
3. At the same time, Web tags, cookies and other monitoring technologies do not make it possible to automatically receive PD. If the Site User, at his own discretion, provides his PD, for example, when filling out a feedback form, then only then do automatic collection processes start detailed information for ease of use of the Site and/or to improve interaction with Users.
8. Final provisions
1. This Policy is local normative act Operator.
2. This Policy is publicly available. The public availability of this Policy is ensured by publication on the Operator’s Website.
3. This Policy may be revised in any of the following cases:
1. when the legislation of the Russian Federation in the field of processing and protection of personal data changes;
2. in cases of receiving instructions from competent authorities government agencies to eliminate inconsistencies affecting the scope of the Policy
3. by decision of the Operator;
4. when the purposes and terms of PD processing change;
5. when changing organizational structure, structure of information and/or telecommunication systems (or introduction of new ones);
6. when using new technologies for processing and protecting personal data (including transmission, storage);
7. when there is a need to change the process of processing personal data related to the activities of the Operator.
4. In case of failure to comply with the provisions of this Policy, the Company and its employees are liable in accordance with current legislation Russian Federation.
5. Control of compliance with the requirements of this Policy is carried out by persons responsible for organizing the processing of Company Data, as well as for the security of personal data.
Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, an official audit is carried out when it is necessary to identify the causes, nature and circumstances of a disciplinary offense committed by an employee of the internal affairs bodies, confirmation of the presence or absence of circumstances provided for in Art. 29 of the Federal Law “On Police”, as well as at the request of an employee.
When conducting an internal audit of an employee of the internal affairs bodies, measures must be taken to objectively and comprehensively establish:
1) the facts and circumstances of the employee committing a disciplinary offense;
2) the employee’s guilt;
3) the reasons and conditions that contributed to the employee committing a disciplinary offense;
4) the nature and extent of the harm caused by the employee as a result of committing a disciplinary offense;
5) the presence or absence of circumstances preventing the employee from serving in the internal affairs bodies.
The internal audit must be completed no later than one month from the date of the decision to conduct it. The specified period does not include periods of temporary incapacity for work of an employee of the internal affairs bodies, in respect of whom an official audit is being carried out, while he is on vacation or on a business trip, as well as the time the employee is absent from service for other valid reasons. The results of the internal audit are presented to the manager who made the decision to conduct the internal audit in writing in the form of a conclusion no later than three days from the date of completion of the audit. The said conclusion is approved by the manager who decided to conduct an internal audit no later than five days from the date of submission of the conclusion.
The procedure for conducting an internal audit is established by the federal executive body in the field of internal affairs. Currently, this procedure is approved by Order of the Ministry of Internal Affairs of Russia dated March 26, 2013 No. 161 “On approval of the Procedure for conducting internal audits in bodies, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation.” The previously valid order of the Ministry of Internal Affairs of Russia dated December 24, 2008 No. 1140, which regulated the procedure for conducting internal inspections, was declared invalid.
According to the Procedure, an instruction to an employee to conduct an internal audit is drawn up in the form of a resolution in a text-free place in the document containing information about the existence of grounds for conducting it. It is allowed to draw up a resolution on a separate sheet or on a special form indicating the registration number and date of the document to which it relates. The decision to conduct an internal audit must be made no later than two weeks from the moment the relevant manager (supervisor) receives the information that serves as the basis for its conduct.
If the last day of an internal inspection falls on a weekend or a non-working holiday, then the day before the internal inspection ends is considered the working day preceding it.
Internal inspection of an employee who committed a disciplinary offense while in prison business trip, is carried out in the prescribed manner by decision of the head (chief) of the body, organization or unit of the Ministry of Internal Affairs of Russia that sent the employee on a business trip.
When conducting an internal inspection by a commission, an internal inspection is assigned by issuing an order to an agency, organization or division of the Ministry of Internal Affairs of Russia.
An order to order an internal audit must contain: the grounds for its conduct; appointment date; composition of the commission for conducting the internal audit.
The commission is formed of three or more employees. The commission for conducting an internal audit includes employees who have necessary knowledge and experience. The chairman of the commission is appointed by the relevant manager (chief) from among the managers (chiefs) structural divisions body, organization or division of the Ministry of Internal Affairs of Russia.
An instruction to an employee to conduct an internal audit (appointment of the chairman of the commission for conducting an internal audit) is given (carried out) taking into account the position being filled and the assigned special rank of the employee in respect of whom the internal audit is being carried out.
The conclusion based on the results of the internal audit is drawn up on the basis of the data available in the internal audit materials and must consist of three parts: introductory, descriptive and operative. The introductory part states:
1. Position, rank, initials, surname of the employee who conducted the internal audit, or the composition of the commission that conducted the internal audit (indicating the special rank, position, surname and initials of the chairman and members of the commission).
2. Position, rank, surname, first name, patronymic, year of birth of the employee in respect of whom an internal audit was carried out, as well as information about education, the time of his service in the internal affairs bodies and in the position he replaced, the number of incentives, penalties, presence (absence) ) he has outstanding disciplinary sanctions.
The descriptive part should contain:
1. Grounds for conducting an internal audit.
2. Explanation of the employee in respect of whom the internal audit was carried out.
3. The fact that the employee committed a disciplinary offense.
4. The circumstances and consequences of the employee committing a disciplinary offense.
5. The presence or absence of circumstances provided for in Art. 29
6. Facts and circumstances established during the consideration of the employee’s application.
7. Materials confirming (excluding) the employee’s guilt.
8. Circumstances mitigating or aggravating the employee’s responsibility.
9. Other facts and circumstances established during the internal audit.
Taking into account the information presented in the descriptive part, the operative part indicates:
1. Conclusion on the completion of the internal audit and on the guilt (innocence) of the employee in respect of whom the internal audit was carried out.
2. Proposals on the application (non-application) of measures to an employee in respect of whom an internal audit was carried out disciplinary liability, other measures of influence.
3. Conclusions about the reasons and conditions that contributed to the employee committing a disciplinary offense.
4. Conclusions about the presence or absence of circumstances provided for in Art. 29 of the Federal Law of 02/07/2011 No. 3-FZ “On the Police”.
5. Conclusions about the presence or absence of facts and circumstances specified in the employee’s application.
6. Proposals to transfer materials to the investigative bodies of the Investigative Committee of the Russian Federation, the Prosecutor's Office of the Russian Federation for decision-making established by law ok.
8. Proposals on measures to eliminate identified deficiencies or proposals to terminate an official inspection due to the absence of a violation of official discipline or circumstances provided for in Art. 29 of the Federal Law of 02/07/2011 No. 3-FZ “On the Police”.
9. Recommendations on the possible refutation of false information discrediting the honor and dignity of an employee, which served as the basis for ordering an internal audit, and (or) applying to the court or the prosecutor's office of the Russian Federation for protection of honor and dignity.
Senior Legal Adviser PN
FKUZ "MSCh of the Ministry of Internal Affairs of Russia in the Lipetsk Region" R.L. Thin
Using the wording “loss of trust” for termination official relations in the modern Russian Federation, as mentioned earlier, must be justified and proven.
The fact that a police officer committed a guilty act is confirmed mainly as part of an internal audit.
The procedure for conducting an internal audit is considered within the framework of Law No. 342-FZ. In addition, there is Order of the Ministry of Internal Affairs of Russia dated March 26, 2013 No. 161 Order of the Ministry of Internal Affairs of Russia dated March 26, 2013 No. 161 “On approval of the Procedure for conducting internal audits in bodies, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation” (Registered with the Ministry of Justice of Russia on May 30, 2013 No. 28587, as amended on July 2, 2014). (hereinafter referred to as the Order on Inspection).
The Order on Internal Inspection defines the powers of officials of the Ministry of Internal Affairs, territorial divisions of the Department of Internal Affairs to assign an internal inspection, indicates possible grounds for conducting an internal inspection, terms, powers of participants legal relations and the procedure for reporting the results.
Despite the fact that the Order addresses the issues of organizing and conducting internal audits in detail and consistently, numerous shortcomings continue to occur during internal audits. When checking materials submitted for legal examination by the Main Directorate of the Ministry of Internal Affairs of Russia, a number of particularly “popular” shortcomings were identified, such as:
Making a decision to conduct an internal audit by an unauthorized manager (supervisor);
Conducting an internal audit by an employee who has not received the appropriate instructions;
The decision by the relevant manager (supervisor) to conduct an internal audit after two weeks from the date of receipt of the information that serves as the basis for conducting an internal audit;
Violation of deadlines for conducting an internal inspection;
Absence of a significant number of necessary documents in the internal audit materials;
The absence in the conclusion, based on the results of the internal audit, of conclusions about the presence or absence of the facts and circumstances specified in the explanation of the employee in respect of whom the internal audit was carried out;
Lack of conclusions about the reasons and conditions that contributed to the employee committing a disciplinary offense;
Lack of a certificate from the personnel department indicating information about the employee’s presence in the service, as well as a certificate about the employee’s membership in trade union organization Main Directorate of the Ministry of Internal Affairs of Russia.
There is also no uniform definition of the concept of “internal inspection” in the scientific and methodological literature and legislation.
E.A. Nikonorov defines an official inspection as an activity carried out by authorized officials for the purpose of a timely, comprehensive, complete and objective investigation of the circumstances of an incident, a disciplinary offense, or the infliction of material damage.
ON THE. Ovchinnikov argues that an official inspection is a set of organizational and legal actions carried out by authorized officials on the basis of legislation, as well as departmental regulatory legal, local acts of organizational and legal actions, consisting of identifying those responsible for violating the law and official discipline, as well as the reasons and conditions that contribute to committing disciplinary offenses, including those of a corruption nature.
E. A. Shurupova gives the following definition: “internal inspection
This is an administrative procedural activity carried out by authorized officials in established by law procedure for collecting, researching and assessing information necessary for the legal and objective resolution of a disciplinary case, as well as carrying out preventive measures to eliminate the reasons that contributed to the employee committing a disciplinary offense.”
In order to use the formulation “loss of trust” to terminate the official relations of police officers, in our opinion, an official review should be defined as a set of organizational and legal actions in relation to police officers aimed at identifying the presence of a guilty act entailing disciplinary liability in the form of dismissal from using the wording “due to loss of trust.”
When conducting an internal audit of a police officer, documentary evidence of the existence of a guilty act, the date and time of its commission, circumstances determining the degree and nature of the employee’s legal liability, and factors that can influence mitigation of guilt are collected. As part of the audit, existing contradictions in the collected evidence are eliminated, the roles of all participants in legal relations are determined, and, if necessary, preventive measures are proposed. Based on the results of the internal audit, a conclusion is prepared in writing and submitted to the manager for approval in the manner prescribed by law.
In this case, procedural actions are carried out, as a rule, not by the subject of disciplinary authority, but on his instructions by other persons.
Stand out various ways establishing the circumstances of the commission of a guilty act by a police officer:
The necessary requests and instructions may be sent to request documents confirming directly or indirectly the commission of an offense, and copies of these documents may be made;
Operational accounting data is used and information systems Ministry of Internal Affairs of Russia;
A survey of employees, civil servants, various categories employees of the Ministry of Internal Affairs of Russia who are knowledgeable about the issue of citizens;
Documentary data, other materials, and characteristics of the police officer are collected;
A written explanation about the circumstances of the case is taken from the employee suspected of committing a guilty act. Law No. 342-FZ states that in case of refusal to give explanations, a corresponding act is drawn up (Article 51).
Quite often in law enforcement activities, cases arise where it is necessary to demand additional explanations, but the officials carrying out the disciplinary proceedings are refused. In this regard, S.A. Kaluzhny notes that the legislator included a certain quantitative criterion in the term “explanations”, which consists in the obligation of the violator to provide, if necessary, repeated explanations both for all the circumstances of the disciplinary offense as a whole, and for each of these circumstances separately, and repeatedly throughout disciplinary process, if such a need arises in connection with a comprehensive and in-depth clarification of the circumstances of the disciplinary offense. It seems that the refusal to give additional explanations should also be recorded in the act.
Failure to fulfill the obligation to demand explanations from the violator entails recognition of the jurisdictional act imposing a disciplinary sanction as illegal and, accordingly, subject to cancellation.
According to the requirement of the Order on an internal audit, its results are presented in the form of a conclusion consisting of three parts: introductory, descriptive and operative. The conclusion must be agreed upon with the personnel and legal departments of the internal affairs department.
Employees who participated in the internal audit do not have the right to disclose information obtained during their participation.
There is one significant drawback in the existing procedure for conducting internal audits - police officer has the right to go to court only after conducting an internal audit, which may limit his ability to prove his own innocence and interfere with his ability to work effectively. Limiting the period for conducting an internal audit (no more than 1 month) makes it possible to reduce the impact of this shortcoming on labor activity police officer
A diagram of the process of internal verification of police officers is shown in Fig. 6.
To increase the effectiveness of internal checks of police officers, the following can be proposed:
1. Allow an employee to go to court after drawing up a resolution to conduct an internal inspection, which will protect the rights of internal affairs officers and increase the efficiency of internal inspections, reducing their number by identifying evidence of the employee’s innocence before the inspection begins.
2. Introduce into the Order on Inspection a clause on the need to determine the degree of guilt of the employee’s management for involvement or the presence of unrealized opportunities to suppress the guilty act of a subordinate.
3. Include as the last stage of the internal audit - “summarizing the results of the internal audit, identifying opportunities to prevent such a situation.”
Rice. 6.
corruption procedural trust dismissal
The presence of an effective legal framework for internal inspections in the internal affairs department will significantly reduce the occurrence of errors and violations of the rights of employees. Conducting an internal audit of police officers should be carried out taking into account the principle of the presumption of innocence.
Legal trust must be based on the presumption of innocence: a police officer cannot be dismissed due to “loss of trust” without sufficient evidence base his offenses.
Legal trust in relation to participants in legal relations should be by default, but at the same time there must be an evidence base to confirm the validity of mistrust.
The typology of trust in the legal sense is multivariate. The basis of some types of trust among participants in legal relations is dominated by internal structure-forming factors, others are constructed under the influence of external factors.
Legal liability is a consequence of an unlawful act on the part of the object of responsibility and is expressed by the obligation of the guilty person to be subject to adequate measures of government influence and to receive the negative consequences of his act determined by law.
1. An official inspection is carried out by decision of the head of the federal executive body in the field of internal affairs or an authorized manager if it is necessary to identify the causes, nature and circumstances of a disciplinary offense committed by an employee of internal affairs bodies, confirm the presence or absence of circumstances provided for in Article 14 of this Federal Law, as well as according to the employee's statement.
2. An employee of internal affairs bodies who is directly or indirectly interested in its results cannot participate in an internal audit. In this case, he is obliged to submit to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, a report on his release from participation in this audit. If this requirement is not met, the results of the internal inspection are considered invalid, and the inspection period established by part 4 of this article is extended by ten days.
3. When conducting an internal audit of an employee of the internal affairs bodies, measures must be taken to objectively and comprehensively establish:
1) the facts and circumstances of the employee committing a disciplinary offense;
2) the employee’s guilt;
3) the reasons and conditions that contributed to the employee committing a disciplinary offense;
4) the nature and extent of the harm caused by the employee as a result of committing a disciplinary offense;
5) the presence or absence of circumstances preventing the employee from serving in the internal affairs bodies.
4. An internal inspection is carried out within thirty days from the date of the decision to conduct it. The period for conducting an internal audit may be extended by decision of the head of the federal executive body in the field of internal affairs or an authorized head, but not more than thirty days. The period for conducting an internal affairs audit does not include periods of temporary incapacity for work of an employee of the internal affairs bodies in respect of whom an internal affairs audit is being carried out, his being on vacation or on a business trip, as well as the time the employee is absent from service for other valid reasons.
(see text in the previous edition)
5. The results of the internal audit are presented to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct the internal audit, in writing in the form of a conclusion no later than three days from the date of completion of the audit. The said conclusion is approved by the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, no later than five days from the date of submission of the conclusion.
6. An employee of internal affairs bodies who is subject to an internal audit:
1) is obliged to give written explanations regarding the circumstances of the internal inspection, unless this is related to self-incrimination;
2) has the right:
a) submit statements, petitions and other documents;
b) appeal the decisions and actions (inaction) of employees conducting an internal audit to the head of the federal executive body in the field of internal affairs or the authorized manager who made the decision to conduct an internal audit;
c) get acquainted with the conclusion based on the results of the internal audit, if this does not contradict the requirements of non-disclosure of information constituting state and other protected by law
