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Date: a month ago   Category: Society

"A plot shoulder straps — be responsible that you carry them". Whether the order of the Ministry of Internal Affairs will cancel court?


The former inspector of traffic police challenged the order of the Ministry of Internal Affairs ordering to report to the management about trips abroad on private affairs. What its chances of success? Photo: Sergey Malgavko / TASS In the Supreme Court of Russia began process in the claim of the former capital inspector of traffic police Maxim Luzhnykh dismissed later a holiday in Bulgaria and Dominican Republic. It challenges the order of the Ministry of Internal Affairs which obliges police officers to inform the administration on the vacation spot and to actually get the exit visa abroad. Order No. 705 "About single questions of departures of staff of Department of Internal Affairs, federal public civil servants and workers of a system of the Ministry of Internal Affairs of the Russian Federation on private affairs out of borders of the territory of the Russian Federation" was issued on September 12, 2013 still by the former head of the Ministry of Internal Affairs Vladimir Kolokoltsev. It is the document for office use, and therefore not to find it in open access. However, according to the representative of the claimant Vladimir Vorontsov, his principal asks to recognize as invalid Subparagraph 1.1 of Paragraph 1 of the order which sounds so: "The decision on a possibility of trip abroad on private affairs is made on the basis of the motivated official report of the employee". It should be noted that Maxim Luzhnykh wrote the official report about a holiday. Here only what will depart abroad he did not specify, having reported false data on what will have a rest in Russia. Maxim Luzhnykh served in police slightly more than six years. Began in December the 2009th the ordinary inspector, and in March became the commander of a platoon of traffic police of the Department of Internal Affairs of the Southern federal district of the capital in the captain's rank. His career ended in March, 2017 when service check showed: in 2016 the police officer visited Bulgaria and Dominican Republic. Maxim was dismissed. The inspector challenged the order for dismissal, but came to grief: On December 7, 2017 the Nagatinsky court of the capital recognized the decision as lawful. After it confirmed Moscow City Court. Then Luzhnykh challenged the document which formed the dismissal basis. "The order of the Ministry of Internal Affairs does not contain the direct ban on departure to police officers abroad, but puts such opportunity into dependence on will of the employer — Vladimir Vorontsov who not only represents the interests of the applicant in court notes, but also is the administrator of community "Ombudsman of Police" "VKontakte". — That is the police officer has to run for the chief and persuade him, something to explain, and that for some reason has to solve, the person can go abroad or not". According to him, the order of the Ministry of Internal Affairs violates the rights of his principal for free departure out of borders of the Russian Federation which is guaranteed by Article 27 of the Constitution of Russia. "Restrictions can be set, but only the federal law, but not the departmental act which the order of the Ministry of Internal Affairs is" — the claimant's representative believes. The second representative Luzhnykh, the lawyer Ramil Akhmetgaliyev also agrees with it. "In what need at the police officer who does not have access to a state secret to ask permission the chief? For what?" — he is perplexed. During the meeting on April 23 representatives of the claimant transferred the specified claim, having specified that Luzhnykh challenges the order regarding requirements to those police officers,

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