Article | Litigation Regarding the Appeal of the Decision on Disciplinary Sanction by Civil Servants |
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Authors | IURII GEORGIIEVSKYI , MARYNA BIELIKOVA |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2023 |
Pages | 82 - 93 |
Annotation | The issues of determining the judicial jurisdiction of disputes over the appeal of decisions on the imposition of disciplinary penalties on civil servants, the terms for applying to the relevant court and the peculiarities of considering this category of cases are extremely important both for judges and for civil servants themselves. The constancy of judicial practice in resolving disputes regarding the appeal by civil servants of a decision to impose a disciplinary sanction not only corresponds to the general legal certainty as an integral element of the rule of law, but also ensures the continuity of functioning of competent and responsible authorities. The aim of the study is to analyze the judicial practice in cases that involve the appeal of decisions regarding the imposing of disciplinary penalties on civil servants to identify problematic aspects in this area and clarify the proper enforcement of the normative provisions of substantive and procedural law. The work considers the issue of determining the jurisdiction of disputes regarding the appeal by civil servants of a decision to impose a disciplinary sanction, defines the terms for applying to the relevant court, the grounds for their resumption, in case of omission, a review of the peculiarities of consideration of this category of cases is carried out. It is established that the general term of appeal to the administrative court of a civil servant with a claim is a month from the day when the employee learned about the imposition of a disciplinary sanction on him. For some types of civil servants, special laws may establish other terms for applying to an administrative court with claims to appeal decisions on imposing disciplinary penalties on them. It is emphasized that courts should avoid both excessive formalism and excessive flexibility, which can lead to leveling of procedural requirements established by law. Excessive formalism in the interpretation of procedural legislation is recognized as an unlawful restriction of the right to access to the court as an element of the right to a fair trial in accordance with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
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Keywords | civil service; administrative proceedings; appeal; terms; evidence |
References | |
Electronic version | Download |