PECULIARITIES OF ADMINISTRATIVE AND LEGAL STATUS OF SUBJECTS OF DISCIPLINARY PROCEEDING IN THE BODIES OF THE NATIONAL POLICE OF UKRAINE
Journal Title: Адміністративне право і процес - Year 2018, Vol 1, Issue
Abstract
The article analyzes regulatory and legal sources that regulate disciplinary liability and disciplinary proceedings in the bodies of the National Police of Ukraine, as well as scientific opinion on the administrative and legal status of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine. For disciplinary proceedings, as well as for other types of proceedings, the presence of a certain circle of persons who are its participants – subjects of disciplinary proceedings, and have a definite legal status is characteristic. And the peculiarities of the legal status of the police officer, determine the peculiarities of the status of the subject of disciplinary proceedings in the bodies of the National Police of Ukraine. As a result of the study of the content of the normative legal provision of disciplinary responsibility and scientific works on this topic, the classification of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine was carried out and their legal status was considered. It is noted that for subjects of disciplinary proceedings characterized by a combination of different functions during the proceedings. Thus, the manager who appointed an official investigation may be the subject of initiation or an auxiliary entity. Or the subject of initiation maybe come the subject, which directly conducts official investigation. Therefore, it is not always possible to clearly distinguish subjects of disciplinary proceedings in their functions by combining and combining these functions. The legal status is determined by law only for a separate circle of subjects: the chief who appoints an official investigation, the executive (heads, members of the commission) conducting an official investigation, and, in part, the person in respect of which the official investigation is conducted (lack of legal consolidation of his duties, which may hinder the qualitative and objective conduct of a business investigation). The legal status of other subjects of disciplinary proceedings remains uncertain and needs to be established.
Authors and Affiliations
Надія Василівна Медведенко
Keywords
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