Disqualification, as an administrative punishment, is widely used in Russia. However, what exactly does this measure imply? And what is the threat to the official?
Disqualification is a type of administrative punishment in which an individual is deprived of the following rights:
- hold leadership positions;
- be a member of the board of directors;
- engage in entrepreneurial activity if it includes the management of a legal entity;
- manage a legal entity.
And the reasons for the disqualification of an official may be such actions as:
- repeated violation of labor and labor protection laws;
- illegal actions to obtain or distribute credit history data;
- fictitious bankruptcy, when the manager deliberately declares himself bankrupt, in fact, having the means to satisfy the claims of creditors;
- commission of illegal actions in bankruptcy (concealment of property, obligations, etc.);
- submission of documents with false information to the Unified State Register of Legal Entities;
- conducting unfair competition;
- disregard for the fulfillment of legal instructions on time.
The reason for initiating an administrative offense case, entailing disqualification, is usually considered:
- detection of information, which indicates the presence of an administrative offense, by persons authorized to draw up protocols;
- receipt of materials from government agencies, including law enforcement, containing data on the committed administrative violation;
- applications of individuals and legal entities;
- media reports.
The court adopts a decision on cases of disqualification of officials on the basis of a protocol on an administrative offense. Such a protocol contains data on both the committed misconduct and the official who is accused of violating. There must be two signatures on the protocol: the official who compiled it, and the representative of the legal entity acting as the defendant.
Within 24 hours after drawing up, the protocol must be sent to the court, where the judge will consider it and make a decision. By the way, an official can only be disqualified through the courts and nothing else.
In addition, it must be remembered that there are periods for disqualification:
- in case of a non-lasting administrative violation, the defendant is disqualified no later than one year from the day the offense was committed;
- in the case of a continuing administrative violation - no later than one year from the day when the violation was discovered.
The period of ineligibility is set from six months to three years. And the court decision obliges the employer to terminate the employment contract with the defendant. If he does not do this, he will incur criminal liability under Art. 315 of the Criminal Code of the Russian Federation. If the disqualified person does not comply with the court decision, then he will also be punished - the imposition of an administrative fine.
In addition, the Ministry of Internal Affairs of the Russian Federation in a special register contains up-to-date information on disqualified persons. And before hiring a person for a managerial job, the organization must request data about him. This is required by law - Art. 32.11 of the Administrative Code of the Russian Federation.
