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Bringing Civil Servants to Liability for Disciplinary Misconduct in Judicial Practice of Ukraine Poland Bulgaria and Czech Republic

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  • Olena LUTSENKO

    (Yaroslav Mudryi National Law University Kharkiv Ukraine)

Abstract

A discipline of public servants within an organization requires four characteristics a number of disciplinary offences proportionate punishments clearly linked to the disciplinary offences oversight and appeals from disciplinary decisions and independence from politicians This paper examines public sector legislation in Ukraine Poland the Czech Republic and Bulgaria to show the peculiarities of legal regulation of each of these criteria We argue a claim that creation of arbitrary powers to punish or dismiss staff is unjust if the legislation does not fully inform staff of what a breach of discipline constitutes if it does not guarantee proportionate punishments to offences and or allow the disciplinary process to be used as a tool to coerce staff to perform in a politicized or otherwise unethical manner In the article all four criteria are disclosed by comparative analysis with certain EU members Poland Bulgaria Czech Republic Intermediate and key conclusion about the peculiarities of bringing civil servants to disciplinary liability in Ukraine Poland Bulgaria and the Czech Republic and some recommendations are made on the basis of the comparative study

Suggested Citation

  • Olena LUTSENKO, 2017. "Bringing Civil Servants to Liability for Disciplinary Misconduct in Judicial Practice of Ukraine Poland Bulgaria and Czech Republic," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 8(1), pages 103-112.
    • Handle: RePEc:srs:jarle0:v:8:y:2017:i:1:p:103-112
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    Cited by:

    1. Lesya Ju. Maliuha & Valeriy O. Zhuravel & Sofiia O. Shabanova & Viktoriia I. Hnidenko & Volodymyr P. Pikul, 2023. "Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine," The Indian Journal of Labour Economics, Springer;The Indian Society of Labour Economics (ISLE), vol. 66(2), pages 583-597, June.
    2. Almagul Primkulova & Salimgerey Karakushev & Alissa Issergepova & Gulnara Abdirova & Malik Mukanov, 2023. "Improvement of the legislation of Kazakhstan on the prevention of offences by persons sentenced to restriction of liberty," RIVISTA DI STUDI SULLA SOSTENIBILITA', FrancoAngeli Editore, vol. 0(1 suppl.), pages 267-277.

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