THE ESSENCE OF DISCIPLINARY LIABILITY OF PUBLIC SERVANTS FOR VIOLATION OF ESTABLISHED LEGAL RESTRICTIONS

Abstract

The article defines the following signs of legal responsibility of public officials, which define its content: it is regulated by the norms of current laws and subordinate regulatory legal acts; the basis for the onset of legal liability is the commission of an offense by a public official, which involves the failure or improper performance of his official duties by the person; the result of bringing a person to legal responsibility is certain consequences of an organizational, personal and/or material nature. In turn, the above-mentioned features made it possible to analyze in detail the procedure of disciplinary responsibility of public officials for violation of established legal restrictions and to single out a number of significant features: 1) disciplinary responsibility arises for the commission of a disciplinary offense, in particular, a violation of generally recognized ethical norms of behavior and special restrictions provided for in specific laws and bylaws regulating the ethical rules of conduct of certain categories of public servants; 2) the procedure for bringing a public servant to disciplinary responsibility at the general level is established by the norms of labor law, but is regulated in more detail by the norms of administrative law; 3) bringing a person to disciplinary responsibility is impossible without conducting an official investigation or official inspection; 4) such an official investigation (inspection) is most often carried out by a collegial body – a special commission; 5) a direct decision is made by the head of the body where the public servant works; 6) the following types of disciplinary sanctions may be applied to a public servant: reprimand, remark, dismissal, demotion, demotion in a special rank by one degree; warning, warning about incomplete official compliance, severe reprimand.