IMPLEMENTATION OF THE CONSTITUTIONAL PRINCIPLES OF JUSTICE AND PROPORTIONALITY WHEN DISMISSING AN EMPLOYEE FOR APPEARING AT WORK IN A STATE OF INTOXICATION

Abstract

The combination of constitutional principles of justice and proportionality is expressed
in labor law in the most explicit way in the institution of disciplinary responsibility. The employer
must apply disciplinary punishment to the employee, taking into account the provisions of Part 2 of
Article 192 of the Labor Code of the Russian Federation, which are supplemented by judicial practice, without legislative expression. The dismissal of an employee for appearing at work in a state of
alcoholic, narcotic or other toxic intoxication has some peculiarities in terms of assessing the severity
of the offense committed, the circumstances under which it was committed, the employee's previous
behavior, his attitude to work.

The practice of the Supreme Court of the Russian Federation, courts of general jurisdiction under the influence of the practice of the Constitutional Court of the Russian Federation expands the
obligations of the employer specified in the law to the need to take into account the identity of the
employee, his family and financial situation and other circumstances. Such judicial practice tends to
strengthen against the background of the need to maintain the employment of the population and the
standard of living of citizens. In this regard, there is a problem of ensuring the balance of interests of
the employee and the employer, which can be done by formalizing the criteria for compliance with
the principles of fairness and proportionality, setting the limits of taking into account the personal
characteristics of the employee when choosing and applying disciplinary penalties.