LEGAL REGULATION OF TEMPORARY INCAPACITY CERTIFICATION AND ITS ROLE IN ASSESSING THE LEGITIMACY OF DISCIPLINARY SANCTIONS

Abstract

The relevance of this study is determined by the fact that under martial law and the increasing requirements for service discipline in the National Police of Ukraine, the legal regulation of temporary incapacity for work and the proper use of electronic medical certificates in disciplinary proceedings have gained particular importance. The absence of an officer from duty, even for objective reasons, may be interpreted as a disciplinary offence, which creates complex legal conflicts between the obligation to ensure the uninterrupted functioning of the police and the constitutional guarantees of the right to work, health protection, and protection against unlawful dismissal. In this context, the question arises as to the admissibility and evidentiary value of electronic medical documents certifying temporary incapacity, taking into account procedural requirements, standards of electronic document management, and judicial practice.The purpose of the article is to determine the legal nature of the electronic medical certificate of temporary incapacity in disciplinary proceedings concerning police officers and to clarify its role as evidence in the process of internal investigation and judicial review. The methodological framework of the research is based on systemic and formal-legal approaches, which made it possible to reveal the content of the regulatory framework of disciplinary liability and electronic document management; the comparative-legal method applied to the analysis of European human rights standards and the practice of the Constitutional Court; and the hermeneutic method used to interpret the case law of the Supreme Court concerning the admissibility of electronic evidence in disciplinary disputes.The main conclusions are that the electronic medical certificate is an official document confirming the fact of temporary incapacity and must be taken into account in disciplinary proceedings. Declaring it inadmissible or ignoring it contradicts constitutional guarantees of the right to work and health care, as well as the principles of the rule of law. Judicial practice demonstrates that an internal investigation should assess not only the formal absence of an officer but also the objective grounds of such absence, confirmed by proper documentation, including electronic records. This ensures a balance between the interests of the service and the rights of the police officer, which is particularly important under extraordinary and martial law regimes.