EXPERIENCE OF LEGAL REGULATION DISMISSAL OF EMPLOYEES IN CASE OF VIOLATION LEGAL REQUIREMENTS TO PREVENT CORRUPTION IN FOREIGN COUNTRIES
Journal: LAW AND INNOVATIONS (Vol.1, No. 10)Publication Date: 2015-04-07
Authors : KUSMINA K. O.;
Page : 98-104
Keywords : dismissal; corruption; corruption prevention; responsibility; commitment; international experience;
Abstract
Problem setting. Today Ukraine experiences the difficult process of native change of the legislative process and its adaptation to the new socio-political and economic terms. It is necessary to find principles and values of new sociallegal reality in Ukraine, which formed in the conditions of democracy, market and civil society. On such conditions the detailed study of legal regulation of grounds of stopping of the labor legal relationships predefined by prevention corruption and related to the corruption offence is impossible without the account of the best standards of foreign experience. Analysis of recent researches and publications. Such scientists as: L. I. Arkusha; I. Y. Kiselev; M. I. Mel'nik; S. O. Nurullayev; S. M. Prylypko; D. V. Simonovich; O. M. Yaroshenko and others pay attention to some legal aspects of the prevention of corruption in his work. However, at the level of monographic researching has not been paid attention to labor-legal aspects of prevention corruption systematically. The target of research is to research experience of foreign countries on issues legal regulation of dismissal for violation of legal requirements to prevent of corruption for outlining ways to improve national legislation in that area. Article’s main body. Labor Code of the Republic of Belarus Art. 47 - one of additional grounds of stopping of labor contract from initiative of employer calls the failure to sign or violation the worker, authorized on implementation of state functions, writing obligations in relation to implementation of the measures envisaged by a legislation in relation to nonadmission of corruption. The issue of prevention of corruption is also violated in labor legislation of the Republic of Kazakhstan. The Article 54 of the Labor Code of this state takes the committing of corruption offence to the grounds of dissolution of labor contract on initiative of employer that eliminates possibility of further work in accordance with a judicial certificate a worker. Conclusions and prospects for the development. In foreign countries the proper implementation ex officio by office workers of their duties provides: establishment of rules of behavior, going out a specific held a position; knowledge and adherence of requirements of normative certificates that regulate activity of office workers; application of disciplinary measures in relation to persons, that violate the set norms. At the committing corruption offences and offences that create terms for a corruption, winy persons bear the criminal, administrative, disciplinary and property responsibility.
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