THE ADMINISTRATIVE RESPONSIBILITY OF CIVIL SERVANTS

Based on the analysis of the provisions of the current legislation of Ukraine, the peculiarities of bringing civil servants to administrative responsibility have been clarified. It is established that the problem of administrative liability of civil servants in the legislative field of Ukraine is not resolved today, there is no separate section in the Code of Administrative Offenses on these issues, as well as in the procedure of bringing civil servants to administrative responsibility there are some contradictions. The article identifies the elements of an administrative offense committed by a civil servant and clarifies that the basis for bringing a civil servant to administrative responsibility is the commission of an administrative offense related to non-performance or improper performance of their duties. It is indicated that the main task of administrative responsibility of civil servants is the protection of public relations that arise in the course of their activities to exercise the powers of state bodies. It is established that a civil servant bears administrative responsibility on general grounds for committing an administrative offense, if he is not an official. It is substantiated that the subjects of an official administrative offense are not all civil servants, but only officials. The paper also explains the difference between the concepts of «civil servant» and «official». In particular, officials are heads and deputy heads of state bodies and their staff, other civil servants, who by law or other regulations are entrusted with the implementation of organizational and administrative and advisory functions. It is proposed to improve the current legislation of Ukraine and to single out the issue of administrative liability of civil servants in a separate section of the Code of Administrative Offenses.