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Article A Civil Servant’s Violation of Requirements for Submitting a Declaration of Contacts as a Disciplinary Offense
Authors ANNA SHARAIA
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12 / 2023
Pages 73 - 81
Annotation

The issue of disciplinary liability of civil servants attracts the attention of representatives of the scientific community and law enforcement officers in terms of searching for existing problems in the relevant area and formulating ways to solve them, the need to comply with the current legislation, and considering Ukraine’s European integration aspirations. The research subject has a multidimensional focus, since it concerns: a) the civil service system (as public, professional, politically impartial activities aimed at the practical fulfillment of state tasks and functions), its functioning, authority and efficiency; b) the option of legitimate and fair prosecution of civil servants for failure to perform or improper performance of official duties, incl. violation of the rules of ethical behavior and other violations of official discipline; c) individual focal points of the national anti-corruption policy, i.e., prevention of corruption and corruption-related offenses and actual or potential prevalence of private interest over public interest in the performance of state functions; d) guarantees of the rights of civil servants when bringing them to disciplinary responsibility; e) peculiarities of the functioning of civil service during the legal regime of martial law and in the post-war period.

The research goal is to identify and comprehensively study the particularities of such a disciplinary offense of civil servants as the violation of requirements for filing a declaration of contacts, reveal related shortcomings and contradictions, and substantiate the most optimal solutions, given current challenges and needs, by relying on scientific analysis, study and generalization of theoretical developments, current legislation of Ukraine and the practice of its application.

The article studies the features of a civil servant’s violation of requirements for submitting a declaration of contacts as a disciplinary offense, considering the relevant procedure and corpus delicti. The author formulates characteristics inherent in the disciplinary offense defined in clause 91, part 2, Article 65 of the Law of Ukraine “On Civil Service” (comprehensive statutory regulation; coverage of individual categories of civil servants; connection with the obligation of a civil servant to file a declaration of contacts; the objective side may be manifested in the form of actions or omission to act; type of disciplinary sanction to be applied).

 

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Bibliography

Authored books

1. Anishchenko T, Dystsyplinarna vidpovidalnist derzhavnoho sluzhbovtsia: vid teorii dystsyplinarnodeliktnoho prava do osoblyvostei zastosuvannia (Helvetica 2023) (in Ukrainian).

2. Kivalov S, Bila-Tiunova L, Kornuta L, Dystsyplinarna vidpovidalnist derzhavnoho sluzhbovtsia: pytannia teorii i pravovoho rehuliuvannia (Feniks 2013) (in Ukrainian).

 

Edited books

3. Kolomoiets Т, Kolpakov V (red), Dystsyplinarno-deliktne pravo Ukrainy (In Yure 2016) (in Ukrainian).

 

Websites

4. ‘Derzhavnyi sekretar MZS Ukrainy Andrii Zaiats pro problemy ta reformy u zovnishnopolitychnomu vidomstvi’ (19.12.2018) <https://zn.ua/ukr/international/diplomatichnasluzhbaukrayini-versiya-2018-297341_.html> (accessed: 22.09.2023) (in Ukrainian).

 

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