BRANCH DISCIPLINARY RESPONSIBILITY OF CIVIL SERVANTS OF UKRAINE
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem statement. Disciplinary liability as one of kinds of responsibility to which employees can be involved, should be an effective means of maintaining appropriate levels of discipline. However, the inconsistency of legal regulation in the sphere of civil service, lack of interest of heads of government agencies to identify cases of misconduct and bring those responsible to justice have resulted in the ineffectiveness of the disciplinary responsibility of civil servants. All this causes the necessity of the theoretical analysis of the essence of disciplinary responsibility of civil servants and study relative to its industry sector that will contribute to finding ways of improving the regulatory framework in the field of civil service and improving the effectiveness of disciplinary liability of civil servants. Recent research and publications analysis. Issues of disciplinary liability of civil servants were investigated by A. A. Abramov, M. G. Alexandrov, A. V. Andrushko, O. T. Barabash, D. M. Bakhrakh, Y. P. Bytyak, N. M. Vapnerchuk, V. S. Venediktov, G. S. Goncharova, V. V. Eremenko, N. M. Neumyvachenko, P.A. Nozdrachev, A. S. Pashkov, A. V. Panov, A. I. Procevskiy, S. M. Prilipko, I. S. Samoshchenko, V. M. Smirnov, Y. M. Starilov, L. S. Tal, O. M. Yaroshenko and others. However, despite considerable research and development of this problem, research industry sector disciplinary responsibility of civil servants requires further research. Target of research. The purpose of the article is that based on the analysis of current legislation of Ukraine, theoretical understanding of the scientific works of domestic and foreign scholars to explore issues of sectoral affiliation of the disciplinary liability of civil servants of Ukraine and to offer their own vision of this problem. Paper main body. Disciplinary liability of civil servants is sufficiently explored, but despite this, in legal science there is no consensus about the concept and branch of the disciplinary responsibility of civil servants. On this question there are different points of view, which can be grouped into 2 approaches: (1) disciplinary liability is regulated by the norms of labor law, and so the relations which arise in this case are labour (M. I. Inshin, N. M. Vapnerchuk, etc.); (2) the disciplinary liability of a civil servant is an Institute of administrative law (V. M. Manokin, L. M. Kornuta, etc.). Conclusions of the research. Relationships are about bringing civil servants to disciplinary liability covered by labour law. Public servant performs their duties personally and subject to service discipline, the special rules established both at the level of local and state. If the employment of civil servants arise the employment relationship, but taking into account specificity of their work, duties assigned to them, first of all, concerning the official functions of public officials and their liability. When exercising their powers, the public servant will affect both public and private interests. The possibility of bringing civil servant to disciplinary responsibility suggests that the state grants the right to persons who are heads of the relevant state body to protect their own internal procedure on those measures that are included in their functions, without resorting to judicial proceedings. Therefore, disciplinary liability of civil servants has marked the beginning of private law which appear in the critical role of discretion the subject of the destination in attracting to a disciplinary responsibility. Therefore, no specific signs that would indicate the belonging of the disciplinary responsibility of civil servants to administrative law, should not and can not be, because the rules governing the disciplinary liability of civil servants by their nature are of labor, and relations arising in the attraction to this type of legal responsibility, bears all the signs of labor.
Authors and Affiliations
O. Ye. Lutsenko
Keywords
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