Content and types of general principles of legal responsibility of civil servants
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article the types of general principles of legal responsibility of civil servants are defined. The content of each of them is revealed. Legal liability, including legal liability of civil servants, is based on certain general principles and principles that guide its operation and ensure maximum efficiency. Principles of legal responsibility of civil servants provide an opportunity to bring a perpetrator in a qualitative manner to legal liability, without violating the rights and freedoms defined by the Constitution of Ukraine. Legality means the existence of legal norms that determine for certain civil servants certain offenses for which a civil servant will be held liable. In addition, the principle of legality implies that civil servants will be brought to legal liability only in accordance with the established procedure and with observance of certain rules and norms of this process. The application of the principle of fairness of legal liability implies an equivalent reaction of the state to a committed civil servant offense and the use of state-power coercive measures that are in accordance with public harm or the danger caused by the violation of law. The principle of individualization allows us to consider all aspects of the offense committed by a public servant and to establish the most optimal sanction that will enable the effective implementation of the educational and restorative functions of legal liability. In the process of implementing the legal responsibility of civil servants, it is important to determine the appropriate principles that will act as a fundamental support for the mechanism of the negative reaction of the state to an illegal act committed by a public servant and the use of measures of a coercive nature to the latter. Violation of the established rule of law by the civil servant is characterized by many aspects that must necessarily be taken into account when applying sanctions against him. However, it is important to foresee the possible consequences of their use and the impact on the functioning of the r elevant state or local government body. The principle of one-time use of legal liability, in particular regarding civil servants, it means the application to the offender of the appropriate measure of coercive influence only once, without using it or similar in the future.
Authors and Affiliations
Mykola Zubrytsky
Keywords
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