The procedure for conducting official inspections in the Ministry of Internal Affairs: grounds, circumstances and consequences

An internal audit in the bodies and units of the Ministry of Internal Affairs is an activity carried out in the framework of disciplinary proceedings by authorized officials. It is aimed at the timely, comprehensive, complete and objective collection and investigation of materials on the fact of a disciplinary violation or failure to fulfill the functional duties of employees. The procedure for conducting official inspections in the Ministry of Internal Affairs is defined in the Order of the Ministry of 2013 No. 161. Let us consider briefly its contents.

General Provisions

161 The order of the Ministry of Internal Affairs "On conducting official inspections" applies to units of the central office, territorial bodies, educational institutions, research, health care, sanatorium and resort organizations, district logistic support departments, other units and organizations created to perform tasks and the implementation of the powers vested in the ATS of the Russian Federation. The procedure established in the document is mandatory for compliance by state civil servants, employees of bodies, units, organizations included in the Ministry of Internal Affairs system.

Normative regulation

Office checks in the Ministry of Internal Affairs are carried out in accordance with the Federal Laws:

1. "On the Police" (No. 3-FZ).
2. "On Service in the Department of Internal Affairs" (No. 342-FZ).

In addition, these activities are regulated by the Disciplinary Charter of the ATS, approved on October 14, 2012 by Presidential Decree No. 13775.

General rules

Internal investigations are carried out on the facts of the disclosure by the police officers of information constituting state secrets, the loss of their carriers, other violations of the established secrecy regime in divisions, organizations and bodies of the Ministry of Internal Affairs in the manner determined by government decree No. 3-1 of 2004.

Verification activities are carried out by decision of the Minister of Internal Affairs, deputy minister, chief (head) of the relevant unit (body, organization), his deputy at the regional, district, interregional level.

The decision to initiate an audit in relation to an employee of the Security Service Department of Internal Affairs is made by the Minister, the head of the State Security Service, and the head of the corresponding territorial unit of the Ministry of Internal Affairs in coordination with the management of the State Security Service.

Limitations

During the internal audit in the Ministry of Internal Affairs, the employees performing it are prohibited to perform actions falling within the competence of the bodies of preliminary investigation and inquiry. Authorized employees shall not be entitled to disclose any information revealed or made known that is indirectly or directly related to employees in respect of whom the procedure was initiated.

If there is evidence of a crime or an administrative offense in the actions of the inspected employee, this information should be recorded and verified in the manner prescribed by law.

Rules of Procedure

The basis for conducting an internal audit in the Ministry of Internal Affairs is the need to establish the circumstances, reasons and nature of the disciplinary offense committed by the employee, confirm the presence / absence of the facts provided for in Article 29 of the Federal Law No. 3. The procedure can also be initiated at the request of the employee.

The order to the authorized employee of the Ministry of Internal Affairs to conduct an internal audit in accordance with Order No. 161 is carried out by issuing a resolution in an empty place on a document describing the grounds for its implementation. It is allowed to draw up a separate act or use a special form indicating the date and registration number of the document to which it relates.

The timing

In accordance with 161 Order of the Ministry of Internal Affairs "On conducting official inspections", a decision must be made within two weeks from the date of receipt by the relevant head of information, which is the basis for its initiation.

In the period allotted for the implementation of verification activities, the time does not include employee incapacity for work, his stay on vacation (business trip), his absence from service for other valid reasons. These circumstances must be confirmed by documents - a certificate from the personnel department of the relevant authority, unit, organization of the Ministry of Internal Affairs.

The term for conducting an internal audit may not exceed 1 month from the date of the relevant decision. If the last day of events falls on a weekend or holiday, the day of their completion will be considered the previous working day.

Nuances

In accordance with the provisions of the Order of the Ministry of Internal Affairs "On the procedure for conducting official inspections", if the grounds specified in Part 2 of Article 52 of the Federal Law No. 342 are identified, an employee authorized to carry out verification measures must submit to his supervisor a report on his release from participation in the procedure. In case of failure to comply with this requirement, the results obtained will be invalidated. In such a situation, the corresponding powers are assigned to another employee of the Ministry of Internal Affairs. An additional 10 days are allotted for an internal audit, in accordance with 161 Orders.

Special cases

As established by the Order of the Ministry of Internal Affairs of the Russian Federation "On conducting official inspections", the initiation of a procedure in respect of an employee who is on a business trip is carried out by decision of the head of the unit, body, organization that sent him.

If measures are taken against several employees who have committed disciplinary violations, if it is not possible to complete the audit within the time period established by law due to being on vacation, temporary incapacity for work, absence of one or more of them for other valid reasons, the materials collected in relation to these persons may be separated into separate production. The corresponding decision is made by the leader who initiated the procedure. The basis for its adoption is the report of the employee conducting the audit.

When committing a disciplinary offense by employees of several units / bodies of the Ministry of Internal Affairs, the Deputy Minister, the head of the unit, organization, territorial body at the regional, district, interregional levels, which includes a department that decided to initiate an audit:

1. In the shortest possible time notifies the higher management of the relevant fact for adoption of the decision on the beginning of the internal audit.
2. Informs the head of the unit, body, organization in which the employees serve about their disciplinary offense.

The procedure for conducting an internal audit in the Ministry of Internal Affairs

The following information must be present in the order on the appointment of verification activities:

1. Grounds for the procedure.
2. Date of appointment.
3. The composition of the commission.

The commission should include at least 3 employees. They must have the necessary experience and knowledge. From among the heads of structural units of the Ministry of Internal Affairs body, the chairman of the commission is appointed.

The order to the authorized employee to conduct the audit is given taking into account the assigned rank and the position to be replaced by the employee in respect of whom it was initiated.

Member Powers

About them it is spoken in hl. III Order of the Ministry of Internal Affairs of Russia "On conducting official inspections." An authorized employee (chairman, member of the commission) has the right:

1. To invite employees, civil servants, military personnel, other employees of the Ministry of Internal Affairs system, who may have any information about the facts to be established, to give written explanations on them.
2. Go to the place of the misconduct to establish all circumstances relevant to the audit.
3. Submit a proposal to suspend an employee from performing duties for the period of verification activities. It is sent to the head of the body (unit) that initiated the procedure.
4. To demand documents and other materials related to the subject of verification, in the prescribed manner, send requests to organizations, institutions, state bodies.
5. Use operational credentials, information systems of the Ministry of Internal Affairs. When conducting internal audits in research, educational institutions of the internal affairs department, an authorized employee may also use their databases.
6. Familiarize yourself with the content of documents relevant to the implementation of verification activities. If necessary, employees have the right to make copies of these papers for subsequent inclusion in the audit materials.
7. Apply for an audit or inventory.
8. To ask for the involvement of specialists on issues whose solution requires special scientific, technical or other knowledge, consult with them as part of the audit.
9. Use technical means to record the facts of misconduct in the manner prescribed by law.
10. Submit proposals to the appropriate head (manager) on the provision of psychological and social assistance to the employee in respect of whom the inspection has been initiated.
11. Suggest audited employees to give explanations using the methods of psychophysical research.
12. In the cases specified in clause 22 of the Instructions on conducting internal inspections at the Ministry of Internal Affairs, report to the chief on the need to separate some of the collected materials into a separate production.

This list is not closed. If necessary and based on the specific circumstances of the case, it can be supplemented.

Responsibilities of Authorized Persons

According to the provisions of the Order of the Ministry of Internal Affairs "On the procedure for conducting internal audits", the chairman, members of the commission, employees performing verification activities must:

1. Respect the freedoms and rights of the employee in respect of whom the procedure has been initiated, as well as other citizens participating in it.
2. To ensure the confidentiality of information and the safety of the collected materials, not to disclose information on the results of events.
3. Explain to the employees in respect of whom the inspection was initiated, as well as to the applicants their rights, to ensure the conditions for their implementation.
4. Timely report to the appropriate head about the received applications, complaints, petitions, inform the persons who submitted them, about the fact of their permission. The results of the examination of applications are communicated on receipt in person or sent by registered mail to the place of residence of these persons.
5. Document the time and date of the misconduct, circumstances that determine the nature and degree of responsibility of the employee.
6. Collect documents and other materials characterizing the professional and personal qualities of the employee in respect of whom the inspection has been initiated.
7. Investigate the results of verification activities conducted earlier, as well as information on the facts of the employee committing disciplinary violations.
8. Offer the employee in respect of whom the procedure was initiated, give written explanations on the merits of the issues. If 2 days after the offer no explanation is provided or the employee refused to give it, an act of this fact is drawn up. The document must be signed by at least three employees involved in the audit.
9. Immediately report to the head or chairman of the commission about the facts of interference in the procedure, pressure on the persons participating in it.
10. Interview military personnel of internal divisions of the Ministry of Internal Affairs, civil servants, other employees of the Ministry of Internal Affairs who may have any information about the facts to be established during the verification process.
11. If necessary, propose preventive measures aimed at eliminating the circumstances that contributed to the commission of the offense.
12. In the event that employees of bodies, organizations, divisions of the Ministry of Internal Affairs have discovered facts of violations during official inspections, in accordance with paragraph 30.12 161 of the Order, report to the appropriate head of the report on the need to initiate an audit against these persons or on the establishment of absence / presence of their guilt in the course of verification activities.
13. In writing, draw up a conclusion and submit it for approval according to the established rules. The contents of this document should be familiar with the employee in respect of whom the audit was conducted.

Reporting Results

Based on the collected materials, an audit opinion is generated. In its structure distinguish introductory, descriptive and resolute parts.

In the first block indicate:

1. The title, position, last name and initials of the employee who performed the audit, or the composition of the commission (indicating the ranks, positions, last names and initials).
2. Information about the verified person. Here indicate the position, title, F. I. O., date, place of birth, information about education, work experience, number of penalties and rewards, absence / presence of unaccepted disciplinary sanctions.

The descriptive part includes information about:

1. The grounds for the audit.
2. Explanations of the offender.
3. The fact of violation.
4. Circumstances, consequences of the assumption of misconduct.
5. The presence / absence of circumstances specified in Article 29 of the Federal Law No. 3.
6. Facts identified during the verification process.
7. Aggravating / mitigating circumstances.
8. Other facts relevant to the case.

The operative part of the conclusion should contain a proposal on imposing disciplinary or other measures of responsibility on the employee, conclusions on the conditions and reasons for the misconduct, the presence / absence of circumstances enshrined in Article 29 of the Federal Law No. 3, a proposal on sending the case materials to the investigating authorities of the IC of the Russian Federation, recommendations on rendering employee of psychological and social assistance.