Labor law task number 4
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Task 4
Senior lieutenant of militia Smirnov was transferred on a contract basis to serve in the Armed Forces of the Russian Federation. In the very first month, Smirnov was brought to liability for the damage he caused to the property of the military unit. The commander of the unit in accordance with Art. 7 of the federal law "On the liability of military personnel" dated June 22, 1999 No. conducted an administrative investigation of Smirnov´s disciplinary offense, as a result of which material damage was caused to the military unit, and filed a lawsuit to recover two monthly salaries from Smirnov in repayment of the damage. During the trial, Smirnov asked to reduce the amount of compensation to him. At the same time, he referred to his practice of working in police bodies, whose officers are covered by the Labor Code of the Russian Federation, where it is expressly established that employees are liable for damage not exceeding the average monthly salary. In his opinion, an officer of the militia, the armed forces is a civil servant and he should be subject to labor law. In case of refusal of his demand, he promised to appeal against the decision of the court up to the Constitutional Court of the Russian Federation. The court satisfied the claim of the head of the military unit, rejecting the motivation for reducing the size of the claim given by Smirnov.
Determine the type of social relations about which a labor dispute has arisen. Are these social relations subject to the regulation of labor or administrative law and why?
Senior lieutenant of militia Smirnov was transferred on a contract basis to serve in the Armed Forces of the Russian Federation. In the very first month, Smirnov was brought to liability for the damage he caused to the property of the military unit. The commander of the unit in accordance with Art. 7 of the federal law "On the liability of military personnel" dated June 22, 1999 No. conducted an administrative investigation of Smirnov´s disciplinary offense, as a result of which material damage was caused to the military unit, and filed a lawsuit to recover two monthly salaries from Smirnov in repayment of the damage. During the trial, Smirnov asked to reduce the amount of compensation to him. At the same time, he referred to his practice of working in police bodies, whose officers are covered by the Labor Code of the Russian Federation, where it is expressly established that employees are liable for damage not exceeding the average monthly salary. In his opinion, an officer of the militia, the armed forces is a civil servant and he should be subject to labor law. In case of refusal of his demand, he promised to appeal against the decision of the court up to the Constitutional Court of the Russian Federation. The court satisfied the claim of the head of the military unit, rejecting the motivation for reducing the size of the claim given by Smirnov.
Determine the type of social relations about which a labor dispute has arisen. Are these social relations subject to the regulation of labor or administrative law and why?
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