Korotkykh A. Problems of legal liability of civil servants under the labour laws of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001874

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

02-12-2019

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The thesis focuses on defining the problems of legal liability of civil servants under the labour laws of Ukraine and suggesting ways to overcome them. The dissertation research on the basis of the available scientific developments of Ukrainian and foreign scientists, as well as taking into account the Ukrainian labor law reveals the peculiarity of the legal status of civil servants as subjects of labor law, as well as determines the place of legal responsibility in the structure of this status, clarifies social and legal the significance of this responsibility. The legal and regulatory framework of disciplinary and material liability of civil servants is analyzed separately as independent manifestations of legal responsibility in the labor law of Ukraine, which are conceptualized by defining their concepts, clarifying the peculiarities of their legal content and the order of implementation in practical reality. The author examines the existing jurisprudence of applying legal liability to civil servants, as well as identifies and systematizes the main actual problems of disciplinary and material liability of civil servants under the labor legislation of Ukraine, determines the main ways of their solution. Particular attention is paid to the analysis of the positive and negative practice of legal regulation of the civil liability of civil servants under labor law in individual EU Member States (in Spain, Italy, Romania and France), the USA and in certain post-Soviet states (in Azerbaijan, Moldova and Russia). The foreign experience of legal regulation of legal liability of civil servants under the provisions of the labor legislation, which is evaluated by the dissertation as positive, is determined by the basis for formulating a number of proposals for improvement of the current legislation in the part of the rules that provide for legal liability of civil servants.

Files

Similar theses