1. Officials and employees of the Organization, guilty of land offenses carry disciplinary responsibility in cases where, as a result of the improper fulfillment of their official or labor duties, the organization suffered administrative responsibility for the design, placement and commissioning of objects that have a negative impact on land , their pollution is chemical and radioactive substances, industrial waste and wastewater.

2. The procedure for attracting disciplinary liability is determined by labor legislation, legislation on state and municipal service, legislation on the disciplinary responsibility of administrations, federal laws and other regulatory legal acts Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation.

Comment to Art. 75 RF RC

1. As for other offenses, disciplinary responsibility for land offenses could be the most effective due to the efficiency of its imposition and approximation to labor activitybringing the greatest damage to land resources.

Disciplinary responsibility is legal responsibility in the procedure for subordination to employees of enterprises, institutions and organizations of all forms of ownership for making misconducts related to labor activity, if these misconduct can be qualified as administrative offenses or crimes provided for by the COAMA and the Criminal Code.

Disciplinary responsibility occurs in the presence of certain conditions and circumstances, it is widely applied in natural resource and environmental relations, it may occur in the order and then in which it is envisaged in regulatory legal acts - the Labor Code of the Russian Federation (hereinafter - TC), which entered into force with February 1, 2002, the charters, the rules of the internal labor schedule, other acts of both the federal and regional level, as well as in local acts, accepted in the organization.
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SZ RF. 2002. N 1 (Part 1). Art. 3; 2002. N 30. Art. 3014; Art. 3033; 2003. N 27 (Part 1). Art. 2700; 2004. N 18. Art. 1690; N 35. Art. 3607; 2005. N 1 (Part 1). Art. 27; N 19. Art. 1752; 2006. N 27. Art. 2878; N 52 (Part 1). Art. 5498; 2007. N 1 (Part 1). Art. 34.

In regional and local regulatory legal acts, professional responsibilities of workers in the field may be envisaged. land relationships And the measures of the corresponding disciplinary impact for their failure is to fulfill, this refers to farms, shops, installations, enterprises, institutions, institutions, organizations, hunting workers.

According to Art. 192 TK RF is not allowed to use disciplinary recovers not provided for by federal laws, charters and regulations on discipline. Disciplinary responsibility in the form of comments, reprimand or dismissal is applied by the employer for failure or improper execution An employee for his fault assigned to him work duties.

This kind legal responsibility It comes to failure to comply with the requirements of labor individual and collective contracts, land, environmental legislation.

In contrast to administrative and criminal responsibility, the finished list of disciplinary misconduct does not exist - their nature and content are determined by the nature and content of production and official duties worker. As a rule, they should be reflected in the instructions, provisions on employee functions. Application to the organization of administrative impacts for those listed in part 1 of the commented branch of the offense should lead the disciplinary responsibility of the guilty employee in obligatory. In other cases, disciplinary responsibility occurs on the above grounds.

In art. 191 TC provides for the promotion of workers who are conscientiously performing labor duties, - Announcement of gratitude, issuing premiums, awarding a valuable gift, honorary diploma, Introduction to the rank of the best by profession. IN collective Agreement Or the rules of the internal labor regulation of the organization can be determined by other types of incentives, including for competent, proper fulfillment of their land responsibilities.

The manifestation of the disciplinary exposure can be depreciation, deprivation of other means of encouraging for violations of land legislation requirements that must be observed in the workplace. In modern market conditions, the depreciation and deprivation of other means of encouragement can serve as an effective lever of impact on the employee in the direction of compliance with the discipline in the field of land protection and use of land.

2. Labor contract or concluded in writing agreements may also include and specify the material responsibility of workers and employers, due to the need to reimburse damage to disciplinary order In accordance with Art. Art. 232 - 250 TC and other federal laws.

All employees are obliged to take care of the property of an enterprise, an entrepreneur, a farmer, an employer organization, to Earth as a natural object and natural resource, to the land plot and its parts, to the objects of the animal world and other security objects ambient, take measures to prevent environmental and other damage.

Administration of the organization, the employer is obliged to create workers the conditions necessary for normal operation and ensure the complete preservation of the property entrusted to them, land and other environmental protection facilities. But in the case of the guilty causing an employee of damage in the performance of labor duties, the material responsibility of the employee comes. In accordance with the TC, in determining the amount of damage, only direct valid damage is taken into account; Didnote incomes are not taken into account. It is unacceptable for a responsibility for such damage, which can be attributed to the category of normal production and economic risk.

Recovery from the guilty employee of the amount of damage caused not exceeding the average monthly earnings is made by order of the employer no later than the month since the finalization of the amount of damage. The worker causing damage can voluntarily reimburse it in whole or in part; With the consent of the administration, it can transmit property to compensation for damage or correct damaged.

If a monthly period has expired or the employee does not agree to voluntarily reimburse the damage, and the amount to be recovered from the employee exceeds its average monthly earnings, then the penalty is carried out in judicial order. The court may, taking into account the degree of guilt, concrete circumstances and the material situation of the employee to reduce the amount of damage to refund. Reducing the amount of damage to be reimbursed is unacceptable if it is caused by a crime committed with a selfish goal.

The general rule is compensation for damage within the middle monthly earnings. However, the full amount of damage over average monthly earnings is reimbursed in cases:

- when the damage is caused by criminal actions of the employee established by the verdict of the court;

- when, in accordance with the federal legislation, a complete material responsibility was entrusted to the employee for damage caused to the employer in the execution of employment responsibilities;

- when the damage caused by the employee is not in the performance of labor duties;

- When the damage is caused by an employee who was drunk, etc.

With joint execution by employees separate species Works related to storage, processing, sale (release), transportation or application in the process of producing values \u200b\u200btransferred to them, when it is impossible to distinguish between the material responsibility of each employee and conclude a treaty (brigade) material responsibility with it, a collective (brigade) material responsibility can be introduced.

A written agreement on collective responsibility is between the organization, an employer and all members of the team (brigades). The amount of damage caused is determined by actual losses on the basis of data accounting Based on the market prices operating in this area on the day of damage, minus wear on established standards in accordance with Art. Art. 244 - 247 TC.

With the embezzlement, shortage, deliberate destruction or damage of material values, damage is also determined at prices operating in this area on the day of damage. The amount of recoverable damage caused by the fault of several employees is determined for each of them, taking into account the degree of guilt, the species and limit of material responsibility.

Attracting an employee to material responsibility and damage to them are made according to Art. 248 TC, regardless of the involvement of an employee to disciplinary, administrative or criminal liability for action (inaction), which caused environmental or other damage to the organization.
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See: Commentary on the Labor Code of the Russian Federation / Ed. Yu.P. Orlovsky. M., 2007.

Disciplinary responsibility is one of the main legal Forms Impact on violators of labor discipline, including for offenses in the field of land protection and use. Disciplinary responsibility occurs with certain conditions and circumstances. First of all, disciplinary responsibility for land offenses can occur in the order and then in which and when it is envisaged in regulatory legal acts - the Labor Code of the Russian Federation, the charters, the rules of the internal labor regulation, other acts of both the federal and regional level, as well as in local Acts adopted in the organization. They may provide for professional duties and measures of disciplinary impact for their failure - most often this applies to employees of sewage and other environmental workshops and installations, environmental services of enterprises, agricultural enterprises, i.e. To persons whose activities are directly or indirectly related to the use and protection of land.

The basis of bringing to disciplinary responsibility is a violation by an employee or a job discipline official. According to Article 192 of the Labor Code of the Russian Federation, under the disciplinary misconductor, non-performance or improper execution by the employee in its fault of labor duties assigned to him are understood. Thus, the disciplinary land prompt will be recognized as an unlawful, guilty act, encroaching on the land law and order in the field of employment, damage to land resources.

The main characteristics of the disciplinary misconduct include the following:

- socially non-hazardous violations of the organization's internal labor regulation;
- violations committed by the employee who is labor legal relations with the organization;
- non-fulfillment by the employee of the obligation or the excess of them is the right, violating the rights and freedoms of another person;
- duties and rights recorded in regulatory legal acts and directly related to the employee;
- the object of violation - the internal labor regulation of the organization;
- Disciplinary misconduct, perfect in the form of action or inaction, is the guilty action, i.e. Perfect intentionally or by negligence.

It should also be noted that the failure to fulfill (improper performance) of labor duties must necessarily be illegal. The illegal is that such behavior (action or inaction) of the employee is when he does not fulfill or incorrectly executes his work duties assigned to him by law, other regulatory legal acts, labor contract, internal labor regulations, as well as regulatory acts issued by the administration (head) of the organization. Thus, the anti-paragraph is to actions (inaction) of the employee contrary to the requirements of the legislation. If the employee's employment responsibilities are not reflected in any regulations (contracts), the opponents should be considered an employee's behavior that does not correspond to the interests of the organization. Can not be considered a disciplinary misconductor, for example, the employee's refusal from the fulfillment of public order or violation of the rules of conduct in in public places etc.

Failure or improper performance of labor duties is confirmed guilty if the employee acted intentionally or by negligence. Intentional wines assumes a specific volitional solution (action or inaction) aimed at violating established rules of conduct. Renewning as a form of guilt takes place when the employee does not foresee the consequences of his illegal action or inaction, although it was supposed to foresee, or when he foresees such consequences, but frivolously hoped to prevent them. Could not be considered guilty of failure or improper duties for reasons that do not depend on the employee (for example, due to the lack of necessary materials, due to the insufficient qualifications of the employee, its disability, etc.).

Failure to fulfill the employees of orders (orders) of the head of the Organization, not relevant to law, cannot be considered a violation of labor discipline. Another point that must be taken into account when imposing a recovery is indicated in Art. 220 of the Labor Code of the Russian Federation, according to which the refusal of the employee from the performance of work in the event of a danger to his life and health either from the fulfillment of difficult-to-work contracts of hard work or work with harmful or dangerous working conditions does not entail disciplinary responsibility.

Also cannot be involved in the disciplinary responsibility of cartoon workers (part 1 of article 414 of the Labor Code of the Russian Federation).

The main causes of violations of labor discipline are recognized:

- Disadvantages in the organization of labor;
- working conditions that contribute to violations or even forcing the employee to commit violations;
- labor payment does not stimulate disciplined operation;
- irreplacement in the process of labor; immunity of workers;
- personal inorganic worker;
- family-household conditions of a person.

The reasons for disorders also include contradictions between:

1) the norms of law and real norms on which labor relations function;
2) qualified and unskilled labor;
3) mental and physical labor;
4) private property and cooperative organization of labor;
5) the interests of people.

Disciplinary recovery can be applied for violation of land legislation only to those employees whose labor functions include compliance with land laws.

Thus, the employee at the same time must violate the rules of the internal regulation and the rules for the use of land, and to impose on the guilty disciplinary responsibility for violation of land legislation, the ideal coincidence of disciplinary misconduct and land offense.

In paragraph 1 of Article 75 of the RF, the disciplinary responsibility of officials and employees of organizations responsible for land offenses in cases where, as a result of the improper fulfillment of their official or labor duties, the organization suffered administrative responsibility for the design, placement and commissioning of objects providing Negative (harmful) impact on the state of land, their pollution by chemical and radioactive substances, production waste and wastewater.

Under the design, placement and commissioning of objects that have a negative impact on the state of land are understood to be actions that caused violation of standards, standards, land use modes, state conclusion environmental expertise etc., when making decisions at the specified stages of the economic process. Disciplinary responsibility can be attracted both direct performers and superior officials who have argued them to violating environmental requirements.

Land pollution can be considered as penetration into the soil substances that have a negative impact on its chemical composition. In addition to the pollution of land with chemical and radioactive substances, disciplinary responsibility is also provided for the pollution of land with industrial waste and wastewater.

Lands are subject to waste pollution industrial enterprises; nuclear power plants or other installations; In the intelligence and development of oil, coal and other minerals.

Under the departments are unusable for the production of these products. Types of raw materials, its non-consistent residues or arising during the technological process of the substance (solid, liquid, gaseous) are understood. Under wastewater means water used in industry, agricultural production, for household and communal needs and characterized by a change in their initial chemical, biological and physical properties.

From the text of Article 75 of the RF RF, it follows that designers, builders, members of the working group on the choice can be attracted to disciplinary responsibility land plot, Members of the Commission for Acceptance of the Object Commission, other officials guilty of violation of land legislation, which are labor relations with the organization involved in administrative responsibility for violation of this legislation, that is, the disciplinary responsibility of these individuals can only come after the organization in which they work, already attracted to administrative responsibility. At the same time, if there was a situation in which the land offenses of the administration were identified, but not yet established by the competent administrative bodies, then, eliminating the consequences of these violations, the administration should not attract the guilty workers to disciplinary responsibility.

By general rule The employer independently decides to attract an employee to disciplinary responsibility. The application of recovery for the disciplinary misconduct is the right, not the obligation of the employer, since the Code of the Russian Federation does not require that the employer necessarily instruct the employee for each disciplinary misconduct. Therefore, the question of responsibility is always solved by independently taking into account the gravity of the perfect misdeed, how valuable is the specific employee for the organization, etc. The employer may, considering all the circumstances of the case, do not impose a penalty for the employee who committed disciplinary misconduct, and restrict ourselves to the conversation with him or oral comment. At the same time, the legislator in article 75 of the RF RF has established the obligation of the administration to attract the disciplinary responsibility of employees of organizations that are responsible for the credentials listed in it. This circumstance creates a certain collision between the norms of labor and land legislation, which should be resolved, based on, probably from general rules about the competition of a common and special norm (having a priority special norm is in this case the norm of land legislation).

According to paragraph 2 of Article 75 of the RF RF, attraction to disciplinary liability is carried out on the basis of labor legislation, legislation on state and municipal service, the legislation on the disciplinary responsibility of the heads of administrations, federal laws and other regulatory and legal acts of the Russian Federation and the subjects of the Russian Federation.

Thus, the RF Code does not determine the procedure for attracting guilty officials or employees of the Organization to disciplinary responsibility, but only contains a sending form.

According to the Labor Code of the Russian Federation, officials or employees of the organization who committed disciplinary misconduct may be involved in disciplinary responsibility.

Disciplinary penalties are applied to the person who committed disciplinary misconduct. According to Article 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, the employer may apply the following disciplinary recovery to the employee: a remark, reprimand, dismissal on appropriate grounds. Federal laws, charters, discipline provisions for certain categories of workers may also also provide for other disciplinary recovery.

The procedure for applying disciplinary penalties for violations in the field of protection and use of land is defined in Article 193 of the Labor Code of the Russian Federation. So, before applying disciplinary recovery, the employer must request an explanation from the employee in writing. If the employee refuses to submit a written explanation, the corresponding act is drawn up. You can impose a recovery on the employee no later than one month from the date of detection (and not performing) an offense. It should be noted that during this period the time of the employee's illness, his stay on vacation. Labor Code Does not indicate which vacation is interrupted during a month. These must include all types of vacations provided to employees (annual and additional charged holidays, holidays without salary conservation, etc.). In addition, if the employee must be consent representative organ Employees, it is also not included in the time required to coordinate the order of the employer with this authority. Does not explain the Labor Code of the Russian Federation, from which moment the month should be counted. But here to help can come arbitrage practice. The courts adhere to the opinions that the misconduct discovery from which the month of the period begins, is considered a day when the person who served the employee is aware of the misdeed. Moreover, the term will be considered from this date, regardless of whether the immediate head of the employee has the right to impose disciplinary penalties or not. If from the moment the misconduct has passed more than six months, then the attraction of the employee is impossible. For each disciplinary misconduct, only one disciplinary penalty can be applied. However, if the employee is causing damage to the employee, a combination of disciplinary and material sanctions is possible, since disciplinary and material responsibility have different targets and can be combined.

Disciplinary penalty is applied by the head of the organization. Other officials can apply disciplinary penalties if such powers are provided by the relevant documents (the charter of the organization, the order of the head, etc.). An order (order) or a resolution is published on the use of disciplinary recovery. In the order (disposal) or the resolution, the motives of its application must be indicated, that is, a specific disciplinary misconduct, for which the employee is subjected to recovery. The recovery worker should be familiar with the order (order) or decree on the application of the collection of receipt (part 6 of article 193 of the Labor Code of the Russian Federation). If the employee believes that disciplinary recovery is applied to it illegally or a measure of recovery is too harsh, it has the right to appeal this in the manner prescribed by law. Disciplinary recovery imposed on the employee maintains its strength during the year from the date of its application. If during this year the employee will not be subjected to a new disciplinary recovery, it is considered not a disciplinary penalty. In this case, after the year, the old penalty loses strength, and this does not require any new order (orders).

The employer can remove the penalty imposed on the employee ahead of schedule, if he did not make new violations of labor discipline and showed itself positive. For early removal of recovery, it is necessary to publish an appropriate order (orders) of the employer.

If an employee of a certain category, which carries out labor duties in the field of land relations, violated the legislation or committed an unlawful act, apply to it.

Disciplinary Responsibility for Land Offenses - This is a measure taken by the management of a certain state or municipal organ or private company As a punishment for offenses, enshrined by the official list. This type of responsibility is provided.

Disciplinary responsibility for land offenses is established Only in the case when the organization where a citizen works is attracted to administrative responsibility. In other cases, workers for unlawful acts for this type of responsibility are not attracted.

Typically, this measure applies to employees who carried out labor duties with violations or fully refused their execution. Responsibility can carry any employees of the institution that violated legislative norms.

Disciplinary offense in the field of land relations

The procedure for attracting disciplinary responsibility

The procedure for attracting citizens to disciplinary responsibility is enshrined by law and expressed in the following actions and stages:

After discovering the violation, the employer is obliged to request a written explanation of the incident. If an employee fails, the corresponding act is drawn up.
For a month After discovering, the employer is obliged to take an appropriate decision. This period does not include a period of temporary disability on illness, vacation and period allotted by law on obtaining information on the opinion of the trade union.
After receiving full information about the offense, the employer issues the disposal of the use of disciplinary recovery and no later than three days Notifies the employee to the painting.
If a citizen does not agree with such a decision, he has the right to challenge him in special Organconsidering this type of dispute.

Additionally, you should know that the recovery cannot be imposed later six months Since the offense, and from the moment of audit or revision no later than two years. A feature of this type of punishment is that only the unauthorized act is applied only. single disciplinary penalty.

If a during a year After bringing to justice, the employee will not be subjected to a new recovery, all previous penalties are canceled by filing an appropriate application.

Example on disciplinary responsibility for land offenses

Angela worked in the administration of his city in the Department of Land Relations. Once it was a request for the provision of information about the supporting airpoints for the separation of the site with the aim of its further registration.

The employee was a certificate and issued it to the applicant. After some time, it turned out that Angela provided erroneous information and the entire geodesic survey ordered by the land user turned out to be incorrect.

The affected citizen appealed to the management of the administration, and a disciplinary penalty was applied against Angela. In addition, the Customer appealed to the court with the requirement of, including moral damage. As a result, Angela was fired with the basis of the grounds in the employment record.

Conclusion

As a result, you can make a series of conclusions:

Disciplinary recovery refers to such responsibility measures that are used in the framework of a department or organization to its employees.
The basis for the use of this measure is the commission of a certain offense.
Punishment can only be applied to employees of those departments and organizations that are attracted to administrative responsibility.
Specific types of responsibility of a disciplinary nature differ in land use.
Only one penalty is superimposed on each illegal act.
The procedure for imposing a recovery of a disciplinary nature is enshrined by law.

The most popular questions and answers to them on disciplinary responsibility for land offenses

Question: Hello, my name is Peter. I am the owner of the land plot and recently I had a problem related to this moment.

To be accurate, I am still not a full owner, because I could not go through the procedure for registering the land ownership of land. I purchased the site under the contract of sale, and after all the documents were issued, headed to the Rosreestr for registration.

From the first look I did not like the employee's employee. This was expressed in the Hamsk handling and permanent quirks. All the fact that the employee sent me to notarize the contract of sale, although according to the law it is not a mandatory procedure.

I assured the bunching and again visited Rosreestr. The same lady with great reluctance took my packet papers without giving me even a receipt for receiving documents.

A month later, the registration did not take place and when I turned to the question of the current situation, she explained to me that "how they will be ready for paper, so I get them."

Tell me, is it provided for in the framework of land relations any case to attract such employees to justice and what should I do?

Answer: Hello, Peter, you have the full right to contact the head of the department and submit a complaint against the actions of the employee. Moreover, the law provides for a special regulation on the registration of rights to real estate. As a general rule, registration must be carried out no more than 10 days. The fact that after the month you did not receive the trustees on the need to address the court. Apparently, this control Rosreestra will be attracted to administrative responsibility.

After that, the leadership of the department will determine who made a violation of its duties and attract this employee to disciplinary responsibility.

10. International Conventions, multilateral interstate agreements and bilateral contracts.

13. Regulatory acts of local executive bodies and local governments.

14. The concept and types of land legal relations.

15. Subjects, objects and maintenance of land relations.

16. The basis of the occurrence, changes in the termination of land legal relations.

17. The main features and the concept of land ownership.

18. The content of land ownership.

19. The right of private ownership of land.

20. The right of communal property to Earth.

21. The right of state ownership of land.

23. The right of common ownership of land.

24. Basic rights and obligations of landowners.

25. The concept and principles of land use rights.

27. Rental land use right.

28. The right of concession land use.

29. Rights and obligations of land users.

31. The concept and mainstream content in the land right.

32. The concept and types of restrictions on land rights.

33. Legal regime of zones subject to special protection.

34. Basic grounds and conditions for the acquisition of land rights by citizens and legal entities.

35. Features of the acquisition of rights to land by territorial communities and state.

36. Conditions and procedures for acquiring and transferring land plots to citizens.

37. The emergence, certificate and registration of rights to land.

38. The concept and features of civil law turnover of land.

39. Types and maintenance of civil law contracts against land plots.

40. Legal regulation of the contract for the sale of land.

41. Conditions I and the procedure for selling land plots on competitive foundations.

42. Legal regulation of the contracts of the Mena and the Darment of Lands.

43. Legal regulation of the mortgage of land.

44. Features of the inheritance of land plots.

45. General grounds for the termination of land ownership and the right to use by the land plot.

46. \u200b\u200bThe procedure for agreeing to the withdrawal and repurchase of land.

47. General characteristics of guarantees of land rights.

48. Ways to protect rights to land.

49. Legal support of compensation for damages by land and land users.

50. Causes of the emergence, main types and legal foundations of land dispute solutions.

56. Conditions and procedures for the establishment and change in the boundaries of administrative-territorial entities.

57. Planning the use and protection of land resources.

58. Legal foundations of land zoning.

59. Legal basis for lands zoning.

60. The concept and maintenance of land management.

61. Types of land management, system of land management bodies and their functions.

63. State control over the use and protection of land.

64. Self-governing and public control over the use and protection of land.

65. Monitoring of land resources and its value.

66. The concept and content of the legal protection of land resources.

67. Legal protection of soils.

68. Legal regime of ecologically affected lands.

69. Legal requirements for land conservation.

70. General characteristics and maintenance of economic stimulating rational use and protection of land.

71. General characteristics and maintenance of economic stimulation of rational use and protection of land.

72. Legal basis for land fees.

73. Reimbursement of losses of agricultural and forestry production.

74. The concept of legal responsibility for land offenses.

75. Criminal and administrative responsibility for violation of land legislation.

76. Civil liability for violation of land legislation.

77. Disciplinary and material responsibility for land offenses.

78. Agricultural land as an object of legal regulation.

79. The concept and composition of agricultural land.

81. Definition and composition of residential and public development lands.

82. Legal requirements regarding the use of land for individual housing, economic and garage construction.

83. The use of land for cooperative housing and garage construction.

84. The concept and composition of the land of the priority-protected fund and other environmental destination.

85. Legal regime of land of the Natural Reserve Fund

86. Legal regime of land of wetlands of international importance.

87. The concept and composition of the lands of recreational purposes.

88. Conditions and procedures for the use of land improvement land.

89. Legal regime of the districts and zones of sanitary (mining) protection of the lands of improving appointment.

90. The concept and composition of the lands of recreational purposes.

91. Legal regime of land recreational purposes.

92. Features of the legal regime of land free economic zones of tourist-recreational type.

93. The concept and composition of the land of historical and cultural purposes.

95. The concept and overall characteristics of the legal regime of forest land regime.

96. Features of the overall and special use of forest resources on the lands of the forest fund.

77. Disciplinary and material responsibility for land offenses.

According to the current legislation, when performing offenses, employees of enterprises, institutions and organizations of all forms of management apply the corresponding norms of the Code of Code of Labor (KZOT) of Ukraine. Under certain conditions, measures are applied of the responsibility provided for in the norms and regulations of the internal regulations of these enterprises. IN labor law There are two types of responsibility: disciplinary and material. The grounds for their application are the commissioning of misconduct, constitute the guilty non-fulfillment or improper performance of labor duties during operation.

Disciplinary responsibility as a type of legal liability, which can be applied for land offenses, is absent in Art. 211 ZK. Therefore, disciplinary responsibility can be applied for violation of land legislation only in cases of violation by employees of enterprises, institutions and organizations, as well as their officers His work responsibilities for compliance with land norms. The branch of the offense here is double: the requirements of labor legislation (internal regulations) and legislative requirements for the use and protection of land. To bring the guilty person to disciplinary responsibility for violation of land legislation, it is necessary to coincide the disciplinary offense and land violation, that is, when non-fulfillment by the employee of its employment duties at the same time is a violation of the established land law enforcement. Thus, disciplinary responsibility is applications to the participants of the employment relations of enterprises and their officials, those responsible for disciplinary misconduct, the activities of personal impact in the form of imposing disciplinary penalties.

However, the legal analysis of the responsibilities of the owners of the Earth and land users enshrined in the RAS indicates that they are mainly facing individuals and legal entities. Failure or improper performance of legal obligations by an individual who is not an employee of an enterprise cannot serve as a basis for disciplinary responsibility. Exactly as non-fulfillment of land responsibilities to a legal entity cannot be recognized by the disciplinary misdemeanor of the employee, which is in labor relations with it. Therefore, the ideal set of disciplinary misconduct and the land offense is possible extremely rare. Obviously, in connection with this, ZK does not indicate the existence of disciplinary responsibility for the commission of land offenses. Nevertheless, disciplinary responsibility may have a violation of land legislation, for example, if the landmarks are maintained on the agronomy enterprise agronoma, and he did not fulfill these duties than the labor duties assigned to him, and did not fulfill the requirements of land legislation.

Disciplinary responsibility as a personal responsibility comes in violation of working conditions that did not cause material consequences. Violations of land legislation, the norms of the charter or the rules of the internal register of the enterprise, as a result of which caused material damage, entails material responsibility.

Material responsibility is essentially a continuation of disciplinary responsibility in cases where the violation of employment duties is caused material damage to land resources. Material responsibility is to impose on employees and officials of the enterprises that committed the guilty illegal act, as a result of which the enterprise caused material damage or violated its property interests, charges for compensation for harm in kind or damages. Such faces can be members of agricultural enterprises and agricultural cooperatives, employees and officials of state and utilities, as well as agricultural enterprises, institutions and organizations of other forms of ownership.

Material liability as a kind of legal liability in labor law should be distinguished from property responsibility in civil law. Laborovova Material responsibility is provided for persons employed by employment, which caused damage while working as a result of non-fulfillment or improper fulfillment of their employment duties. Property responsibility, in accordance with the provisions of Art. 11 GK applies when disturbed subjective rights Specific person, in this case, the subjective rights of landowners or land users. The onset of adverse property consequences takes out the manifestation of both real damage and incomplete income. With the material responsibility, reimbursion is direct valid losses caused to land resources, that is, reimbursed in a smaller amount.

However, the use of labor-based disciplinary and material responsibility has certain features of the composition of the subjects, measures of impact, the procedure for use, etc. In this regard, it is necessary to distinguish between employees of land users and the responsibility of members of collective and cooperative enterprises - the owners of the Earth. In the first case, these are workers and employees who are not members of the specified organizations. them legal relations Organizations to fulfill their employment duties and compliance with the rules of the internal regulations are governed by the norms of labor legislation. Therefore, this category of workers may be involved in disciplinary or material responsibility on the basis of labor legislation standards.

In the second case, respectively, the charters of agricultural cooperatives and agricultural enterprises, the issue of attracting members of such enterprises and persons working on employment contracts to the disciplinary and material responsibility of members, is solved by the Board or general meeting (Assembly of the Commissioner) Cooperative or Enterprise. Consequently, in such cases, disciplinary and material liability applies on the basis of the statutes of enterprises and the norms of labor legislation, is internal.

The object of disciplinary and material offenses in the field of action of land legislation is the land order and established by law and order. Violation by employees or officials of their employment responsibilities, without causing material damage, may cause the use of disciplinary responsibility measures. They under Art. 147 KZOT is one of the following disciplinary measures: reprimand or dismissal. They apply in accordance with the requirements of labor legislation.

If the committed violation is caused by material damage to land resources, for example, agricultural grounds, it may be subject to financial responsibility on labor law standards. Laborovova is material responsibility provided for in ch. IX kzot. According to the norms of this chapter, material responsibility can be applied: in a limited amount (Article. 132, 133 - in the amount of direct valid damage, but within, does not exceed the average monthly earnings); in full (Art. 134 - in the amount of complete damage); (Art. 135 - in an increased amount when the actual amount of damage caused exceeds its nominal size).

To apply each type of material liability in labor legislation provided certain conditions And a certain order of their laying on employees. However, in judicial practice, there are often cases of applying these species of liability for land offenses. This is due to the difficulties of accounting for specific features for their application for violation of land legislation and the lack of practical experience in bringing to material responsibility for such offenses.

It is worth noting that in cases of violation of labor duties by employees of organizations or members of agricultural cooperatives, a disciplinary or material responsibility may adopt under the norms of both labor and agricultural legislation. In carrying out violations of land legislation related to the implementation of employment duties, state control bodies for the use and protection of land, have the right to prevent illegal actions and require compliance with the requirements of land legislation, which should be attributed to preventive measures, and not to disciplinary or material responsibility.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarus? Not. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Incorrect word. The correct word "Imprinting".

The newborn associates itself with the features of the face that watches immediately after birth. This natural mechanism is peculiar to most living beings with vision.

The newborns in the USSR several first days have seen the mother at least the feeding time, and most of the time saw the faces of the personnel of the hospital. By a strange coincidence, they were (and remain so far) for the most part Jewish. Reception wild in its essence and efficiency.

All childhood you wondered why you live surrounded by nonsense people. Rare Jews on your way could do anything with you, because you stretched to them, and others repel. And now they can.

Fix it. You will not be able to - Imprint disposable and for life. It is difficult to understand this, instinct took shape when it was still very far to the ability to formulate. From the moment the words nor the details have been preserved. Only features left in the depths of memory. Thoves that you consider your relatives.

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System and observer

We define the system as an object, the existence of which is no doubt.

The system observer is an object that is not part of the system observed by him, that is, defining its existence, among other things, the factors independent of the system.

The observer from the point of view of the system is a source of chaos - both the control effects and the consequences of observational measurements that have no causal relationship with the system.

The internal observer is a potentially achievable object for which inversion of observation channels and control exposure is possible.

An external observer is even a potentially unattainable object behind the system, which is beyond the horizon of the event event (spatial and temporary).

Hypothesis number 1. All-seeing eye

Suppose our universe is a system and it has an external observer. Then observation measurements can occur for example using the "gravitational radiation" permeating the universe from all sides. The cross section of the capture of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture to another object is perceived as the force of attraction. It will be proportional to the mass of the masses of objects and is inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of the "gravitational radiation" object increases its chaoticity and is perceived by us as a flow of time. Object is an opaque for "gravitational radiation", the cross section of the capture of which is greater than the geometric size, inside the universe looks like a black hole.

Hypothesis number 2. Inner observer

It is possible that our universe observes itself. For example, with the help of pairs of quantum intricate particles separated in space as standards. Then the space between them is saturated with the likelihood of the existence of these particles of the process that reaches the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of objects on the trajectories sufficiently great sections of the capture capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

A third-party observation of an object approaching the horizon of the black hole event, if the defining factor of time in the universe is the "external observer", will slow down exactly two times - the shadow of the black hole will block exactly half the possible trajectories of "gravitational radiation". If the defining factor is the "internal observer", the shade will block the entire interaction path and the flow of the object falling into the black hole completely stops for view from the side.

The possibility of a combination of these hypotheses in one or another proportion is also not excluded.