PECULIARITIES OF DISCIPLINARY RESPONSIBILITY OF PROSECUTOR'S OFFICIALS ; ОСОБЛИВОСТІ ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ ПРАЦІВНИКІВ ПРОКУРАТУРИ

Abstract

Problem setting. Reforming prosecutor legislative establishment in Ukraine, expanding the list of grounds for bringing to disciplinary liability of prosecutors as subjects of labor law leads to new, unresolved issues related to the above circumstances. One of the discussion issues today is the distinction of bringing to disciplinary liability of prosecutors for certain types of offences, namely: disciplinary offense, which consists in violation of labor and official duties or committing actions (offenses) incompatible with the official position of such person, actions (offense) that indicate dishonesty of the prosecutor or may doubt on his integrity. Article's main body. Consider the actual issues of special disciplinary responsibility borne by prosecutors. Conclusions and prospects for the development. Summarizing above-mentioned, we can draw the following important conclusions that are of relevance to the law-making process and law enforcement practice. 1. Based on the research carried out, it can be concluded that special disciplinary responsibility of a prosecutor as a variety of disciplinary responsibility, should be considered as an opportunity of an authorized subject to apply measures of disciplinary coercion against prosecutor, which are being stipulated in relevant labor laws, charters, regulations on labor discipline in case of non-fulfilment or improper fulfilment of labor and other civil servants' duties stemming from their labor functions, or if a special subject commits actions (offences), that indicate dishonesty of the prosecutor or may doubt about his/her integrity which are in conflict with the official capacity to be performed by the latter. 2. Special disciplinary responsibility of prosecutors shall be understood as a duty of an authorized subject of a public authority to apply disciplinary coercion measures against prosecutors as well as public and power restrictions, deprivations of non-monetary nature involving the necessity to undergo punishment for guilty illegal non-performance or improper performance of labor duties or for the actions that are incompatible with prosecutors official capacity, as well as actions or inaction that indicate dishonesty of the prosecutor or cause doubt about his/her integrity which are in conflict with the official capacity to be performed by the latter.3. It seems appropriate to introduce certain adjustments to the theoretical advances within the scope of the disciplinary prosecution against prosecutor not only when the prosecutor do not fulfil their labor and other duties stemming from their labor duty functions, but also when a prosecutor commits actions (offences), which are in conflict with the official capacity to be performed by the latter, as well as actions or inaction that indicate dishonesty of the prosecutor or may doubt on his integrity. ; У статті розглянуто актуальні теоретичні питання спеціальної дисциплінарної відповідальності таких суб'єктів трудового права, як прокурорські працівники, проаналізовано вітчизняне законодавство з порушеної проблематики та погляди науковців. У підсумку зроблено важливі висновки, які мають значення для правозастосовної практики.