An internal investigation is a special set of measures that are aimed at collecting, verifying and analyzing materials about a particular deviation in the work of an organization that has led or could have led to material damage or damage to reputation. Let's figure out what is the procedure for conducting an internal investigation, and give samples of documents that will be needed at each stage of such an audit.
The legislator does not define the very concept of “official investigation”, however, it is accepted in business practice and is found, although not in direct form, in legislative acts. So, for example, article 247 of the Labor Code of the Russian Federation obliges the employer to conduct an inspection if he has suffered damage in order to establish its size and causes.
When an Investigation is Conducted
With any deviation from the normal order, when it is necessary to understand what happened, identify the causes, perpetrators, and determine the consequences.
As a rule, such a check is carried out in the following cases:
- inventory shortages;
- complaints from customers or staff;
- violation of the internal labor regulations, labor contract or job description;
- violations of local acts (safety regulations, fire safety, etc.);
- disclosure of commercial information;
- causing material damage to the organization or employees;
- receiving and giving bribes;
- other abuses.
This list is not exhaustive and may be supplemented by any employer at its discretion.
So, let's give an example of an official investigation in relation to an employee.
How to start an internal investigation
The employer has the right to create a commission with the participation of relevant specialists. For example, if we are talking about theft, the commission will most likely include a representative of the accounting department, the security service and the unit where the theft was detected. Often the committee is chaired by either a supervisor or an internal auditor.
However, there are no requirements for the composition of the commission. Any person at the choice of the head can enter it, with the exception of those involved, directly or indirectly, in the violation. The minimum size of the commission is three people.
In this case, the leader must issue an order. To do this, you will need a sample order for an internal investigation, a sample is presented below.
Order on the creation of a commission
What does the commission find out?
During the audit, the following circumstances are clarified:
- the essence of the violation;
- the amount of damage caused;
- the causes and conditions that led to the misconduct;
- the person who committed the offense;
- degree of guilt;
- mitigating and aggravating circumstances;
- measures to bring the perpetrators to justice;
- preventive measures to prevent such violations.
When the circle of potentially guilty persons is determined, and in some cases it can be quite wide, the commission collects written explanations. At the same time, explanations can be collected both from the perpetrators and from employees who, in one way or another, can explain what happened.
An explanatory note is drawn up by the employee on the basis of a notice issued by the commission. The notice describes the incident and may include a list of questions for the employee to answer. In the copy of the notification that remains in the affairs of the commission, the employee must indicate the date of receipt of the notification and sign.
The employee has the right to refuse to give explanations. In this case, it is necessary to fix this fact in the act of refusal to give explanations. It is made up of committee members.
An explanatory note is drawn up in any form by hand in the name of the head, the date is indicated and the signature is put. If the employee admits his guilt, he has the right to indicate in the explanatory note the presence of extenuating circumstances.
In addition to the explanatory note, the commission collects other documents that can shed light on the circumstances of the incident: memorandums and memos from eyewitnesses of the incident, inventory reports, opinions of auditors and independent experts, reports of measuring the readings of control and measuring equipment.
The results of the internal investigation
At the end of the investigation, the commission draws up a final document - an act that is signed by all members of the commission. You can find a sample of an internal investigation report at an enterprise below.
The perpetrators must also be familiarized with the act. If the employee refuses to confirm the fact of familiarization with his signature, this must be evidenced by the signatures of independent persons.
The employee or his representative has the right to familiarize himself with all the materials of the audit and appeal against them in case of disagreement with the results.
Based on the results of the audit, disciplinary measures may be applied. They must be included in the sample conclusion of an internal investigation.
Based on Art. 248 of the Labor Code of the Russian Federation, the recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the institution of the amount of damage caused by the employee. If the monthly period has expired or the employee does not agree to voluntarily compensate the damage caused to the employer, and the amount to be recovered from the employee exceeds his average monthly earnings, recovery can only be carried out by the court.
Sample act on conducting an internal investigation
What is the time frame for an investigation?
The term for conducting an internal investigation under the Labor Code must be consistent with the term for which the imposition of a disciplinary sanction is limited. According to part 3 of Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. The day the misconduct is discovered, from which the countdown of the monthly period begins, is the day when the person to whom the employee is subordinate at work became aware of the commission of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions (paragraph “b”, paragraph 34 of the Resolution Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
Ask questions, and we will supplement the article with answers and explanations!
If any violations are found at the enterprise, it may be necessary to find out the various circumstances of the committed misconduct and identify the perpetrators. This procedure is called an internal investigation and is regulated by the labor law.
The concept of "official investigation"
An internal investigation is a kind of set of measures taken to collect, analyze and verify information about a misconduct in order to identify the employee’s guilt, and sometimes identify the guilty person, if this is not immediately known.
According to Art. 21–22 of the Labor Code of the Russian Federation, when signing an employment contract, the parties acquire rights and obligations. The employer has the right to hold the employee liable for violations. But first it is required to establish that it was he who committed the offense and that his guilt is really present.
Common violations for which investigations are carried out:
Failure to perform a labor function;
Violation of official duties according to the instructions;
Causing material damage.
This list is not closed; in practice, any other situation may arise in which an internal investigation is required.
When a violation is revealed to be a crime, for example, theft, upon completion of the official investigation, the head can additionally report it to law enforcement agencies.
Checking and studying the materials is accompanied by the execution of special documentation, so that later the employer has the opportunity to defend his case.
Official investigation under the Labor Code: algorithm
Procedure for conducting an investigation:
1. Creation of a commission and publication of an order. Usually, the commission consists of at least 3 people: for example, a lawyer, an economist and a personnel worker.
2. The direct work of the commission with the study of all aspects of the case, the collection of evidence, the questioning of witnesses, etc.
3. If the guilty employee is known, he writes an explanatory note.
4. Preparation of an act of investigation and its signing by all participants in the proceedings.
During the investigation, mandatory points are established, without which it is impossible to recover damages:
- whether actual damage has been caused and to what extent,
- the presence of liability under article 239 of the Labor Code of the Russian Federation,
- the presence of guilty actions or inaction of the employee,
- the existence of a connection between the actions (inaction) of the employee and the consequences.
In fact, an official investigation is a direct procedure for studying the case materials that prove the guilt of the offender.
Order to conduct an internal investigation: sample
There is no standard sample order for an internal investigation in relation to an employee. It is allowed to compose it in a convenient form. It must include the required items:
The name of the company and its organizational and legal form;
Brief description - "on the conduct of an official investigation";
Description of the circumstances for which it is required to conduct an internal investigation at the enterprise;
Composition of the commission;
The period of the investigation;
Head's signature;
They print an order to conduct an internal investigation on the letterhead of the company. All interested persons should familiarize themselves with it under the signature.
Sample order for official investigation
The act of conducting an internal investigation: sample
Normative acts do not establish a specific sample of an official investigation act. However, it must contain the required information:
Title, date and place of the document;
Composition of the commission;
Information about the person about whom the check was carried out;
Designation of the purpose of the investigation;
Circumstances identified during the audit;
The decision on the guilt or innocence of the employee.
Additionally, the official investigation report contains a list of documentary evidence requested and received during the investigation. At the end of the document, the signatures of the commission, the guilty person and the date of his acquaintance with the act are put.
A properly conducted investigation will allow the organization to protect its rights in the event of a possible appeal of the employee guilty of misconduct to a higher authority.
Each person officially working at the enterprise is responsible for his actions or inaction. For example, office workers must have the right attitude to technology so that the computer does not break down, and in addition they must not disclose trade secrets or share information from a work computer.
If a situation arises in which various values entrusted to a particular employee are lost or damaged, then the company's management has the opportunity to determine the cause of such damage. To do this, an internal investigation is being carried out, but to start it, it is required to form an appropriate order by the head.
If during the inspection, audit or other activities it is found that the enterprise lacks any valuable assets or property and documentation are lost, then the management will certainly take the following actions:
- it is revealed what kind of damage was caused to the company;
- the reason for the occurrence of such a situation is determined;
- there is a person responsible for this damage, and not always it is an employee of the company, who is entrusted with the corresponding duty to keep property from loss or damage.
To find answers to all the above questions, a special commission is being created, consisting of specialists who have the ability and skills to assess the damage caused, as well as determine what caused such a problem.
Typically, this commission includes a lawyer, security officer, engineer and accountant, but it is allowed to include other specialists. In Art. 247 of the Labor Code indicates the possibility of creating such a commission.
Labor Code of the Russian Federation Article 247. The obligation of the employer to establish the amount of damage caused to him and the reason for its occurrence
Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists.
Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.
The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by this Code.
Important! The main purpose of the commission is to conduct an internal investigation.
If the results of the investigation reveal the perpetrator, he can appeal the decision on any penalties through the courts. To create a commission, an order is certainly issued by the employer. It contains a direct indication of the implementation of this process, as well as a lot of other information.
How to draw up documents for an internal audit at the enterprise - see this video:
Who and when is engaged in the formation of the order
The order, on the basis of which an internal investigation begins, is issued only after the theft or damage to any property is discovered. This may be discovered as a result of various checks or inventory.
The document is drawn up by the secretary of the company or another employee who has the appropriate authority. It is formed on behalf of the director of the company, and is also certified by his signature.
How is an investigation carried out?
If a situation arises in which any problems with the property of the company or shortages are revealed, then an investigation is carried out in order to determine the culprit of the damage and recover funds from him.
Important! By doing this correctly, the process reduces the likelihood of repeat violations by employees in the future, as they will be notified that they will have to answer for their mistakes.
The investigation process itself is divided into stages:
- an appropriate order is issued, which is signed by the head of the organization;
- on the basis of it, a commission is formed, consisting of employees of the company or invited specialists who should not have any relation to the incident;
- a secretary is appointed to keep records of the investigation;
- all members of such a commission receive an order, which they study, and then sign on it;
- they are collecting information, on the basis of which they can determine the culprit of the incident, therefore, all the data received is carefully analyzed, for which the documentation is studied, employees of the company are interviewed and other evidence is evaluated;
- the employee responsible for the specific property that has been lost or seriously damaged must give evidence in writing, and if he refuses to comply with this requirement, then an act is drawn up in which the witnesses sign;
- a meeting of the commission is held, at which many issues are resolved, namely, the cause and amount of damage are identified, all circumstances are assessed and the perpetrators are identified, and all mitigating circumstances, if any, are taken into account;
- a special one is drawn up, which describes the decision made.
How to draw up an accident investigation report correctly - read.
The act must be signed by all members of the commission, after which the culprit can familiarize himself with it. He may appeal against the decision on the basis of which various penalties are applied to him.
When is an investigation usually required?
The need for this procedure may be required for various reasons. Most often it is carried out with:
- causing any damage to the company's assets;
- damage to material assets;
- failure to comply with discipline in the workplace. In what order it is compiled - read the link;
- negligent attitude to official duties;
- disclosure of commercial information. You will learn how to properly draw up a non-disclosure agreement for confidential information.
Each such violation can cause serious negative consequences for each employee.
Sample order for official investigation. Form and structure of the order to conduct an internal investigation
A document is formed in any form, but you must use the letterhead of the company, where there is its name and legal address.
It must be contained in the order:
- its serial number;
- date and place of formation;
- the name, as well as the word "I order";
- the reason why the investigation is to be carried out;
- then a commission is appointed to carry out this process.
The structure may be different, but the document must contain all the necessary information.
Stages of order formation
To make it well-written, the following steps are performed:
- the order number and the name of the company are initially indicated;
- then in the middle the word “Order” or “I order” is written;
- the following is the purpose of creating a document, which is the need for an investigation;
- then comes the main part, in which information about the incident is entered, and the composition of the commission is also indicated;
- a separate item is allocated for the appointment of a responsible person who is responsible for the execution of this order;
- there should be a link to the basis for the formation of documentation;
- at the end, the signature of the director of the company and members of the commission is put.
Thus, if you carefully understand the process, then there will be no difficulties with creating a document.
An example of filling out an act of internal investigation. Photo: pytochok.ru How to avoid mistakes
To make an order correctly, recommendations are taken into account:
- a strict form of the document is not required, therefore it is formed in an arbitrary order;
- information about all members of the commission should be entered so that they can be easily identified;
- a brief description of the incident on the basis of which an investigation is required;
- enter data on the persons responsible for the values that would be damaged;
- document is made in one copy.
Conclusion
Thus, the need for an order on the basis of which an investigation is conducted at an enterprise may be required in different situations.
It is important to correctly format this document, as well as indicate relevant information in it. Further, the investigation is carried out correctly, thanks to which the perpetrators of the incident are identified.
How to draw up orders correctly, taking into account all the requirements of the legislation of the Russian Federation, see this video:
1. An internal audit is carried out by decision of the head of the federal executive body in the field of internal affairs or an authorized head, if necessary, to identify the causes, nature and circumstances of a disciplinary offense committed by an employee of the internal affairs bodies, confirm the presence or absence of the circumstances provided for in Article 14 of this Federal Law, as well as at the request of the employee.
2. An employee of the internal affairs bodies who is directly or indirectly interested in its results cannot participate in an internal audit. In this case, he is obliged to submit to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, a report on his release from participation in the conduct of this audit. If this requirement is not observed, the results of the internal audit shall be considered invalid, and the period of the audit established by Part 4 of this Article shall be extended by ten days.
3. When conducting an internal audit in relation to an employee of the internal affairs bodies, measures must be taken to objectively and comprehensively establish:
1) the facts and circumstances of the commission of a disciplinary offense by an employee;
2) fault of the employee;
3) the reasons and conditions that contributed to the commission of a disciplinary offense by an employee;
4) the nature and extent of the harm caused by the employee as a result of committing a disciplinary offense;
5) the presence or absence of circumstances preventing the employee from serving in the internal affairs bodies.
4. An internal audit is carried out within thirty days from the date of the decision to conduct it. By decision of the head of the federal executive body in the field of internal affairs or an authorized head, the term for conducting an internal audit may be extended, but not more than for thirty days. The term of the internal audit does not include periods of temporary disability of the employee of the internal affairs bodies, in respect of whom the internal audit is carried out, his being on vacation or on a business trip, as well as the time the employee is absent from the service for other valid reasons.
(see text in previous edition)
5. The results of an internal audit shall be submitted to the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, in writing in the form of a conclusion no later than three days from the date of completion of the audit. The specified conclusion is approved by the head of the federal executive body in the field of internal affairs or the authorized head who made the decision to conduct an internal audit, no later than five days from the date of submission of the conclusion.
6. An employee of the internal affairs bodies in respect of whom an internal check is carried out:
1) is obliged to give explanations in writing on the circumstances of the internal audit, if this is not related to self-incrimination;
2) has the right:
a) submit applications, petitions and other documents;
b) appeal against decisions and actions (inaction) of employees conducting an internal audit to the head of the federal executive body in the field of internal affairs or an authorized head who made a decision to conduct an internal audit;
c) get acquainted with the conclusion based on the results of an internal audit, if this does not contradict the requirements of non-disclosure of information constituting state and other legally protected
An internal audit in the bodies and divisions of the Ministry of Internal Affairs is an activity carried out within the framework of disciplinary proceedings by authorized officials. It is aimed at the timely, comprehensive, complete and objective collection and study of materials on the fact of a disciplinary violation or failure to fulfill the functional duties of employees. The procedure for conducting internal inspections in the Ministry of Internal Affairs is defined in the Order of the Ministry of 2013 No. 161. Let us briefly consider its content.
General provisions
161 The Order of the Ministry of Internal Affairs "On Conducting Internal Inspections" applies to divisions of the central office, territorial bodies, educational institutions, research, medical and sanitary, sanatorium and resort organizations, district departments of logistics, other divisions and organizations created to perform tasks and implementation of the powers vested in the Internal Affairs Directorate of the Russian Federation. The procedure established in the document is obligatory for observance by state civil servants, employees of bodies, divisions, organizations included in the system of the Ministry of Internal Affairs.
Regulatory regulation
Internal inspections in the Ministry of Internal Affairs are carried out in accordance with the Federal Laws:
- "On the Police" (No. 3-FZ).
- "On Service in the Department of Internal Affairs" (No. 342-FZ).
In addition, these activities are regulated by the Disciplinary Charter of the Department of Internal Affairs, approved on October 14, 2012 by Presidential Decree No. 13775.
General rules
On the facts of disclosure of information constituting a state secret by police officers, the loss of its carriers, other violations of the established secrecy regime in departments, organizations and bodies of the Ministry of Internal Affairs, internal investigations are carried out 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, Head (Head) of the relevant unit (body, organization), his deputy at the regional, district, interregional level.
The decision to initiate an inspection in respect of an employee of the Security Service of the Internal Affairs Department is made by the Minister, the head of the Main Directorate of the Security Service, as well as the head of the relevant territorial unit of the Ministry of Internal Affairs in agreement with the leadership of the Main Security Service.
Restrictions
During the course of the Ministry of Internal Affairs, the employees who carry it out are prohibited from performing actions that fall within the competence of the bodies of preliminary investigation and inquiry. Authorized employees are not entitled to disclose any identified or become known information, indirectly or directly related to the employees in respect of whom the procedure was initiated.
If signs of a crime or an administrative offense are found in the actions of the inspected employee, this information must be registered and verified in accordance with the procedure established by law.
Rules for the organization of the procedure
The basis for conducting an internal audit at the Ministry of Internal Affairs is the need to establish the circumstances, causes and nature of a disciplinary offense committed by an 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 an employee.
An instruction to an authorized employee of the Ministry of Internal Affairs to conduct an internal audit in accordance with Order No. 161 is carried out by drawing up a resolution in a free space of a document describing the grounds for its conduct. 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 refers.
Timing
In accordance with Order No. 161 of the Ministry of Internal Affairs "On Conducting Internal Inspections", the decision must be made within two weeks from the date of receipt by the relevant head of the information that is the basis for its initiation.
The period allotted for the implementation of verification activities does not include the time the employee is unable to work, his stay on vacation (business trip), his absence from service for other valid reasons. These circumstances must be documented - a certificate from the personnel department of the relevant body, 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 the event falls on a weekend or holiday, the day of completion will be the previous business day.
Nuances
In accordance with the provisions of the Order of the Ministry of Internal Affairs "On the Procedure for Conducting Internal Inspections", if the grounds specified in Part 2 of Article 52 of Federal Law No. 342 are identified, an employee empowered to carry out verification activities must submit a report to his supervisor on his release from participation in the procedure. If this requirement is not met, the results obtained will be invalidated. In such a situation, the relevant 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 Order 161.
Special cases
As established by the Order of the Ministry of Internal Affairs of the Russian Federation "On Conducting Internal Inspections", the initiation of the procedure in relation to 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 in relation to several employees who have committed disciplinary violations, if it is impossible to complete the check within the time limits established by law due to being on vacation, temporary disability, absence from the workplace for other valid reasons of one or more of them, the materials collected in relation to these persons may be separated into a separate production. The corresponding decision is made by the head who initiated the procedure. The basis for its adoption is the report of the employee conducting the inspection.
When a disciplinary offense is committed by employees of several departments / bodies of the Ministry of Internal Affairs, the Deputy Minister, head of a department, organization, territorial body at the regional, district, interregional levels, which includes a department that made a decision to initiate an inspection:
- In the shortest possible time notifies the higher management of the relevant fact for the adoption of a decision on the start of an internal audit.
- Informs the head of the unit, body, organization in which the employees serve about the commission of a disciplinary offense by them.
The procedure for conducting an internal audit in the Ministry of Internal Affairs
The order for the appointment of verification measures must contain the following information:
- Reasons for the procedure.
- Appointment date.
- Composition of the commission.
The commission must include at least 3 employees. They must have the necessary experience and knowledge. The chairman of the commission is appointed from among the heads of structural subdivisions of the body of the Ministry of Internal Affairs.
An instruction to an authorized employee to conduct an audit is given taking into account the assigned rank and position of the employee in respect of whom it was initiated.
Membership Powers
They are mentioned in ch. III Order of the Ministry of Internal Affairs of Russia "On the conduct of internal audits". An authorized employee (chairman, member of the commission) has the right to:
- Offer 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.
- To go to the place where the offense was committed to establish all the circumstances relevant to the verification.
- Submit a proposal on the temporary suspension of the employee from the performance of duties for the period of verification activities. It is sent to the head of the body (division) that initiated the procedure.
- Request documents and other materials related to the subject of verification, in the prescribed manner, send requests to organizations, institutions, government agencies.
- Use operational credentials, information When conducting service checks in research, educational institutions of the Department of Internal Affairs, an authorized employee can also use their databases.
- 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 attachment to the audit materials.
- Request an audit or inventory.
- 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.
- Use technical means to record the facts of a misdemeanor in the manner prescribed by law.
- Submit proposals to the relevant supervisor (manager) on the provision of psychological and social assistance to the employee in respect of whom the audit has been initiated.
- Offer the employees being checked to give explanations using the methods of psychophysical research.
- In cases stipulated by paragraph 22 of the Instruction on conducting internal checks in the Ministry of Internal Affairs, report to the head with a report on the need to allocate part of the collected materials to a separate production.
This list is not closed. If necessary and based on the specific circumstances of the case, it can be supplemented.
Duties of authorized persons
According to the provisions of the Order of the Ministry of Internal Affairs "On the procedure for conducting internal inspections", the chairman, members of the commission, employees performing inspection activities must:
- Respect the freedoms and rights of the employee in respect of whom the procedure is initiated, as well as other citizens participating in it.
- Ensure the confidentiality of information and the safety of the collected materials, do not disclose information about the results of events.
- To explain to the employees in respect of whom the check is initiated, as well as to the applicants of their rights, to ensure the conditions for their implementation.
- Timely report to the relevant head on the received applications, complaints, petitions, inform the persons who submitted them about the fact of their resolution. The results of the consideration of petitions are communicated against receipt in person or sent by registered mail to the place of residence of these persons.
- Document the time and date of the misconduct, the circumstances that determine the nature and degree of responsibility of the employee.
- Collect documents and other materials that characterize the professional and personal qualities of the employee in respect of whom the audit has been initiated.
- Investigate the results of the verification activities carried out earlier, as well as information about the facts of the admission of disciplinary violations by the employee.
- Offer the employee, in respect of whom the procedure is initiated, to give written explanations on the merits of the issues. If, 2 days after the proposal, an explanation is not provided or the employee refuses to give it, an act is drawn up on this fact. The document must be signed by at least three employees involved in the audit.
- 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.
- Interview military personnel of the 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.
- If necessary, propose preventive measures aimed at eliminating the circumstances that contributed to the misconduct.
- In the event that facts of violations committed by employees of bodies, organizations, departments of the Ministry of Internal Affairs during internal inspections, in accordance with clause 30.12 of 161 of the Order, report to the relevant head with a report on the need to initiate an inspection in relation to these persons or on establishing the absence / presence of their guilt in the course of ongoing verification activities.
- Draw up a conclusion in writing and submit it for approval in accordance with the established rules. The content of this document must be familiarized with the employee in respect of whom the audit was carried out.
Registration of results
Based on the collected materials, the conclusion of the audit is formed. In its structure, there are introductory, descriptive and resolutive parts.
In the first block indicate:
- Rank, position, surname and initials of the employee who performed the check, or the composition of the commission (indicating ranks, positions, surnames and initials).
- Information about the verified person. Here they indicate the position, title, full name, date, place of birth, information about education, work experience, the number of penalties and rewards, the absence / presence of unresolved disciplinary sanctions.
The descriptive part includes information about:
- Grounds for the audit.
- Explanations of the employee who committed the misconduct.
- The fact of the violation.
- Circumstances, consequences of misconduct.
- The presence / absence of the circumstances specified in Article 29 of the Federal Law No. 3.
- Facts revealed during the verification process.
- Aggravating/mitigating circumstances.
- Other facts relevant to the case.
The operative part of the conclusion should contain a proposal to impute disciplinary or other measures of responsibility to the employee, conclusions about the conditions and reasons for the misconduct, the presence / absence of circumstances enshrined in Article 29 of the Federal Law No. 3, a proposal to send the case materials to the investigating authorities of the RF IC, recommendations for providing employee of psychological and social assistance.