PRACTICAL PROBLEMS OF LEGAL REGULATION OF LEGAL RESPONSIBILITY OF CIVIL SERVANTS AND WAYS OF THEIR SOLUTION
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes regulatory legal regulation of legal liability. The practical problems of legal regulation of legal liability of civil servants are highlighted: the absence of a single legal act aimed at regulating the disciplinary liability of a civil servant; the necessity of expanding the system of disciplinary penalties, in particular due to those having material nature (fine, reduction of wages); the presence in the list of disciplinary offenses of acts that by their legal nature are not disciplinary offenses. It is concluded that to the problems of legal regulation of legal responsibility of civil servants the most problematic sphere is the legal regulation of disciplinary liability of civil servants. It was emphasized that one of the main problems of qualification of misconduct of civil servants is the lack of definition of the concept of "civil servant" in the majority of normative legal acts, as well as unity in the meaning of the notion of "civil servant" has not been achieved, because in its meaning different terms are used: "officer", "official", etc.. The inconsistency of the Law of Ukraine "On Service in Local Self-Government Bodies" and the Law of Ukraine "On Civil Service" was noted. The problems of the legal regulation of the administrative responsibility of civil servants, which include the absence of a separate section devoted to the administrative responsibility of civil servants, as well as the amount of fines imposed on civil servants, do not correspond to the damage from their misdemeanors. The problem of the absence of a single legal act aimed at regulating the civil servant's disciplinary liability is proposed to be resolved by adopting the Disciplinary Statute of a civil servant.
Authors and Affiliations
Микола Іванович Зубрицький
Keywords
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