Article title Disciplinary Liability of Civil Servants in Certain Countries of the European Union and the World
Authors

Doctor of Law, Professor, Professor of the Department of Administrative Law and Process of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) Honorary Associate of University of Liverpool (Liverpool, Great Britain) ORCID ID: https://orcid.org/0000-0002-2799-3933 Researcher IDs http://www.researcherid.com/rid/N-1349-2016 zdobuvach@ukr.net

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2023
Сторінки [40-50]
Annotation

The article analyzes the institution of disciplinary responsibility of civil servants in some countries of the European Union and the world. It is indicated that the existence in the modern world of various models of civil service to a certain extent determines the peculiarities of the legal status of civil servants and is directly reflected in the characteristics of the organization and procedural aspects of the implementation of legal relations related to disciplinary liability. Analysis of foreign practice makes it possible to identify what experience, what reform concepts and to what extent can be applied in our country, allows us to better understand the logic of reforming the domestic model of public service and determine ways to improve its efficiency.

For the states of the European Union, the peculiarities of the organization of the civil service are the tendency to codify legal norms; complex classification of civil servants; detailed regulation of the activities of officials; hierarchy of the civil service; taking into account caste and loyalty to the state; formation of special courts of administrative justice on public service issues.

The purpose of the study is to analyze the institution of disciplinary responsibility of civil servants in the countries of the European Union and the world.

It was concluded that: 1) In the most general sense, disciplinary liability of civil servants is an independent type of legal liability provided for by the legislation governing civil service in foreign countries. Its peculiarity is its intersectoral nature, since this is connected, firstly: in the civil service system of foreign countries, in addition to professional civil servants, there are political officials and employees of government agencies. Secondly, the various models of civil service existing in the modern world to a certain extent determine the sectoral features of the legal status of civil servants, in which in a number of countries the disciplinary liability of civil servants falls under the regime of legal regulation of private law; 2) In foreign countries, detailed regulation of disciplinary liability of civil servants is part of their legal status, and is also due to the need to protect the public legal interest of the service and ensure proper management. It should also be said that the disciplinary liability of civil servants is related to the implementation of the protective function, in view of the fact that it is aimed at preventing arbitrariness in the use by the head of administrative resources in relation to the official appointed by him to the position; 3) In foreign countries, detailed regulation of disciplinary liability of employees for violation of civil service legislation is considered as one of the forms of control of civil servants and a means of preventing and suppressing corruption in the civil service. Thus, if the source of legal regulation of disciplinary liability of employees is internal labor regulations, collective agreements and, less often, laws, then the institution of disciplinary liability of civil servants in foreign countries is regulated in detail by national legislation. The subject of disciplinary liability in the civil service system is an official whose connection with the state is of a public legal nature.

 

Keywords disciplinary responsibility; civil servants; civil service; public interest; public service
References

Bibliography

Journal articles

1. Charkina A, ‘Pryntsypy derzhavnoi sluzhby v krainakh yevropeiskoho soiuzu (na prykladi Polshchi ta Nimechchyny)’ (2016) 16 Investytsii: praktyka ta dosvid 95–9 (in Ukrainian).

2. Zelenskyi V, ‘Osoblyvosti pravovoho rehuliuvannia konkursnoho vidboru na derzhavnu sluzhbu za trudovym zakonodavstvom yevropeiskykh krain’ [2015] 32 (2) Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia: Pravo 129–32 (in Ukrainian).

 

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