Semenenko B. Legal regulation of disciplinary liability of officials of prosecutor's offices.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100382

Applicant for

Specialization

  • 081 - Право. Право

28-12-2021

Specialized Academic Board

ДФ 26.001.262

Taras Shevchenko National University of Kyiv

Essay

The dissertation research is devoted to the theoretical and legal bases of legal regulation of disciplinary liability of officials of prosecutor's offices. A comprehensive scientific interpretation is carried out and the current theoretical and legal characteristics of disciplinary liability of officials of prosecutor's offices are outlined. The conceptual essence of labor discipline in the prosecutor's office and legal measures to ensure it are analyzed. The current state of regulatory support for labor discipline in the prosecutor's office, as well as the specifics of legal regulation of bringing employees of the prosecutor's office to disciplinary liability, are clarified. Static and dynamic characteristics of disciplinary employees of prosecutor's offices are studied. It is proved that in a phenomenological context, labor discipline in the prosecutor's office is a socio-legal phenomenon that: ensures the existence of law and order in relations (processes) of a private and public-legal nature with the participation of prosecutors, which contributes to the legal certainty of the functioning of the prosecutor's office; performing the role of ensuring law and order and legality in labor relations tool, creates conditions for increasing public confidence in the Civil Service and the authority of the prosecutor's office, on the one hand, and to ensure an appropriate level of social security of employees of the prosecutor's office, on the other hand; is a complex systemic phenomenon, which consists of the following elements: (a) conscientious attitude to official tasks, to the need for their conscientious performance; (b) legal, effective and rational (productive, timely, accurate, complete) performance of official duties; (c) compliance with labor protection standards and requirements; (d) inviolability of a healthy psychological climate in the team; (d) ensuring the safety of the property of the prosecutor's office. The analysis of the current legislation and the positions of scientists has shown that the conceptual and practical essence of disciplinary liability of officials of prosecutor's offices is manifested in the fact that such liability is a phenomenon that: is a special manifestation of official and labor liability of public servants; is based on a special regulatory basis (takes into account the norms of labor legislation and is based on labor law norms of legislation on the prosecutor's office), on the principles of disciplinary liability; it manifests itself in legal relations with the participation of the violator of the requirements of labor discipline and the subject of disciplinary power; as a goal, it pursues the creation of appropriate conditions for the inviolability of labor discipline in the prosecutor's office and the restoration of law and order violated by the offense; performs a set of tasks (in particular, ensuring, protecting and protecting a healthy psychological climate in the team, Law and order in the prosecutor's office); arises in the presence of sufficient grounds and conditions for this; performs preventive, regulatory and educational, restorative and punitive functions; is objectified in disciplinary sanctions.

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