Efficiency of Disciplinary Liability of Civil Servants in the Russian Empire

Abstract

The article considers disciplinary liability of officials of the Russian Empire from the point of view of assessing the effectiveness of its application. The author concludes that the establishment of an exhaustive list of disciplinary offences in the 19th century legislation was primarily due to the fact that disciplinary liability had not yet been separated from criminal liability, had a negative impact on it as a means of influencing the conduct of officials. Thus, the existence of an exhaustive list of disciplinary offences made it difficult to impose effective disciplinary measures on officials who did not fully cope with their work, but whose actions did not fall within any particular composition. At the same time, certain rules on disciplinary liability of that period deserve attention and the experience of their use can be taken into account at present. In particular, the legislation of the Russian Empire flexibly regulated the admission to public service of persons dismissed on guilty grounds: depending on the penalty applied, they could re-enter the service immediately; three years after the enforcement of the penalty, or have been deprived of that right. The article justifies that this experience can still be applied to public servants dismissed for loss of trust.