Lutsenko O. А disciplinary offence as a reason for termination of labour relations with civil servants.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004192

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

08-07-2015

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

Scientific approaches, national and foreign legislation in the sphere of termination of employment contract with the civil servant, who has committed a disciplinary offence, are studied. Peculiarities of termination of labour relations with civil servants if they have committed a disciplinary offence are determined: (a) a reason for termination is a disciplinary offence of a civil servant; (b) a subject to disciplinary action is a subject assigned to it; (c) a special procedure for termination of labour relations is the system of stages of disciplinary proceedings; (d) possible specific consequences of the termination of labour relations are limitation of the right to enter the civil service (in case of violation of the oath of the civil servant). The necessity of establishing a list of specific actions that will characterize the objective aspect of violation of the oath by civil servants is proved. They are: (a) an expression of disrespect to the state symbols of Ukraine and foreign countries; (b) non-performance or improper performance in the framework of the official duties of the decisions of public bodies and/or authorities of the ARC, orders, regulations and instructions of the heads provided within their powers; (c) commission of a corruption offense; (d) violation of the restrictions of the civil servant. The terms "non-performance" and "improper performance of official duties" are defined. Non-performance of official duties is an omission of a civil servant of a real opportunity to act as required by law, a contract of employment, job description and other regulation or, on the contrary, an act of a civil servant, if he/she had to refrain from committing it. Improper performance of official duties is an act of a civil servant which does not comply with the law and existing circumstances, or if it complies with them, it is committed in violation of the order and timing, form and scope of execution, as well as in the wrong place or by an improper subject. Peculiarities of misconduct of a civil servant are determined: (a) guilty non-performance or improper performance of official duties; (b) his

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