规范公务员法律责任的法律层面:若干问题

Liudmyla Progoniuk
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引用次数: 0

摘要

本研究调查了公共服务雇员责任立法监管的热点问题,因为与普通雇员的责任相比,这种责任是多方面的,只要它与分配给一个人在国家公共关系中行使行政、法律和管理影响的权力范围有关。乌克兰公共服务的形象是建立在其代表是否履行公务的基础上的,在不履行或不适当履行公务的情况下,根据法律规定的程序对公务员实施国家强制。适用特定类型法律责任的规范程序不仅构成对公职人员的定罪,而且还构成对其他人适当履行公务和防止非法行为的激励。本研究的目的是找出并解决公共服务部门雇员的责任问题。为实现这一目的,从积极责任和追溯责任两个方面对理解法律责任概念的科学立场出发,给出公务员法律责任的界定。已确定,如果公务员违反乌克兰现行立法的规定,将适用下列类型的法律责任:行政、刑事、民事、物质和纪律。使用系统结构和系统功能方法,对每种类型的法律责任的监管框架进行了系统的分析;比较和分组的方法区分了乌克兰公务员的物质责任和民事责任,并根据现行条例确定了行政法和遵守劳动纪律的公务员责任的相关原则组。提出了解决公务人员法律责任中亟待解决的法律问题的途径。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Aspects of Regulating the Legal Liability of Public Servants: Problematic Issues
This study investigates topical problematic issues of legislative regulation of the responsibility of public service employees because such responsibility is multifaceted if compared with the responsibility of an ordinary employee, as far as it is related to the range of powers assigned to a person to exercise administrative, legal, and managerial influence on public relations in the state. It is the image of the public service of Ukraine that is based on whether its representatives perform their official duties, and in case of non-performance or improper performance, state coercion is applied to the public servant according to the procedure established by law. The regulated procedure of applying a particular type of legal liability makes up not only the conviction of a public servant, but also an incentive for other persons to properly perform their official duties and prevent illegal actions. The purpose of this study was to identify and solve problematic aspects of the responsibility of public service employees. To fulfil this purpose, scientific positions on understanding the concept of legal responsibility in two aspects, as positive and retrospective responsibility, are considered, and the definition of legal responsibility of a public servant is given. It was established that if a public servant violates the provisions of the current legislation of Ukraine, the following types of legal liability will be applied: administrative, criminal, civil, material, and disciplinary. Using system-structural and system-functional methods, a systematised analysis of the regulatory framework of each of these types of legal liability was performed; methods of comparison and grouping distinguished the material and civil liability of public servants in Ukraine and identified groups of relevant principles of public servant responsibility in administrative law and in compliance with labour discipline according to current regulations. Ways to solve urgent and problematic legal aspects of the legal responsibility of public service employees were proposed.
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