CONCERNING TO THE QUESTION OF dISMISSAL FOR VIOLATION OF OATH CIVIL SERVANTS
Journal: LAW AND INNOVATIONS (Vol.1, No. 8)Publication Date: 2014-11-11
Authors : Kozin S. M.;
Page : 171-179
Keywords : civil service; dismissal; violation of oath; civil servant responsibility;
Abstract
Problem setting. The civil service takes a special place in the socio-political and socio-economic systems, has the range of problems of development and factors of productivity and efficiency. For this reason to the civil servants, except the general grounds of termination of the labour contract provided by Labour Code of Ukraine, additional grounds are used. Target of research. is research of features of dismissing civil servant for oath violation and problems in this area. Analysis of recent researches. Such scientists-legists, as O. A. Abramova, O. T. Barabash, N. M. Vapnyarchuk, L. Y. Velichko, V. S. Venediktov, V. V. Goloborodko, V. M. Horshenov, K. M. Gusov, S. I. Kozhushko, O. O. Kravchenko, O. E. Leyst, O. S. Pashkov, S. V. Podkopaev, Y. M. Poletaev, O. I. Protsevskyy, K. V. Radionova, V. M. Smirnov, L. O. Syrovatska, A. E. Shevchenko, G. I. Chanysheva, O. M. Yaroshenko and others engaged in the theoretical questions in this area. Article’s main body. Dismissal for violation of oath can take place only when a civil servant has committed offense that undermines a trust to him as a carrier power and leads to undermining the authority of a public body. It should be noted that the issue of dismissal of a civil servant for violation of oath has become the subject of consideration of cases the instances of all levels, that testifies to violation of current legislation at application of norms that regulate the question of bringing in of civil servants to disciplinary responsibility. Except it, it is possible to draw conclusion, that in connection with absence of the clear adjusting of procedure of such dismissal, in practice a consequence is ambiguous application of norms of laws and legal acts. At the decision of question in relation to application of norms of current legislation at dismissal of civil servant for violation of oath it is first of necessary to apply the norms of the special legislation, in particular in relation to adjusting of activity of Customs civil servants, Prosecutor’s Office, militia and others like that, and only then to apply general norms ? Law of Ukraine ?About civil service? and others like that. Conclusions and prospects for the development.Identical practice of application of norms of current legislation in relation to liberation of civil servant from government service for violation of oath by judicial bodies is absent. The judicial authorities at various levels and in different regions varies apply existing norms of legislation, which requires additional regulation of this issue and the acceptance of legal acts that will regulate in detail the relationship arising from the dismissal of civil servants for violating the oath.
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