IMPLEMENTATION OF THE PRINCIPLE OF FAIRNESS IN DISCIPLINARY RESPONSIBILITY INSTITUTE

Authors

  • Dinara Вagdatovna Rаziyeva

Keywords:

fairness, labor law, labor code, disciplinary responsibility, labor discipline, misdemeanor, disciplinary sanctions, employee;, employer, dismissal

Abstract

The article reveals the problem of realization of the principle of justice in the Institute of disciplinary responsibility. The relevance of the study is related to the objectives of improving the effectiveness of legislation, including in the field of labor organization. The author substantiates that the Labor code of the Republic of Kazakhstan contains a serious gap that affects the entire procedure of disciplinary proceedings, thereby making it difficult to effectively apply the rules governing the involvement of employees in disciplinary proceedings.

The theoretical basis of the research consists of scientific developments of domestic and foreign scientists on the problems of disciplinary responsibility, as well as regulatory material, including the Labor code of the Republic of Kazakhstan, the Regulatory decision of the Supreme Court of Kazakhstan "On some issues of the courts of law in resolving labor disputes", codified acts regulating labor relations of foreign countries. 

The methodological basis is based on the general philosophical views on the concept of " fairness" and its relationship with the category of "law". Comparative analysis of the labor legislation of the Republic of Kazakhstan, the Russian Federation, Ukraine, the Kyrgyz Republic allowed to draw conclusions about the need for continuity of experience of foreign countries in domestic legislation. General and private research methods were also used. The author conducted a sample survey of employees of organizations of non-state forms of ownership of Semey on the issues of labor discipline. 

The author comes to the conclusion that the correct understanding of the content of the disciplinary offense allows accurately qualify the wrongful act of the employee, contributes to the effective and fair application of disciplinary sanctions. In this regard, the article developed recommendations for further improvement of the labor legislation of the Republic of Kazakhstan.

 

Published

30.09.2019

How to Cite

Rаziyeva . Д. Б. (2019). IMPLEMENTATION OF THE PRINCIPLE OF FAIRNESS IN DISCIPLINARY RESPONSIBILITY INSTITUTE. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(57). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/272