Kravchuk O. Termination of civil service for breach of oath

The dissertation investigates the problem of termination of civil service for violation of the oath in modern conditions of legal development of Ukraine, defines its theoretical and methodological and practical principles, and clarifies the nature of the oath as a legal category and the phenomenon of legal reality, based on regulations guarantees of civil servants. The concept of «oath» is characterized as a legal fact, through the prism of the general doctrine of legal facts in the theory of law, because the oath generates legal consequences, there is responsibility for its violation. The main circumstances under which the terms «oath», «oath» acquired a legal meaning in different legal systems are determined. It is emphasized that bringing to legal responsibility for «violation of the oath» are legally significant acts, ie misdemeanors. It is emphasized that legal liability for violating the oath may be based on moral and ethical criteria, which, when formalized, become legal. The expediency of legislative consolidation of «sworn norms» as norms of law, which by their legal significance are a universally binding rule of conduct for the subjects taking the oath, is substantiated. The necessity of legislative definition of the concept of «oath» as a text and «violation of the oath» as a misdemeanor committed by a civil servant and its specific legal structure as a basis for disciplinary action is pointed out. It is concluded that the Oath is not only a solemn promise to comply with certain obligations, but a specific legal obligation, ie an act that gives rise to legal facts, because the legal nature of the promise and its application is not inherent in public law.