Дисциплінарна відповідальність персоналу Державної кримінально-виконавчої служби України: поняття, особливості

Abstract

The article summarizes the normative and theoretical definitions of the concept of discipline, service discipline, on the basis of which the definition of the concept of disciplinary responsibility of the personnel of the State Criminal and Executive Service (hereinafter SCES) as for knowledge by a person from the specified category of persons regarding violation of the norms of service and labor discipline in the form of disciplinary misconduct of coercive measures (penalties), which are expressed in the deprivation of certain benefits of personal, property or organizational nature, which are carried out by officials in the order of subordination and in the procedural form prescribed by law. The disciplinary responsibility of SCES personnel arises on the basis of certain factual and normative grounds. It is established that the criteria for distinguishing disciplinary liability from other types of legal liability are the type, level of public danger and the consequences of the offense. The characteristic features of disciplinary responsibility of SCES personnel are highlighted, namely: 1) is realized on the basis of realization by the subject of responsibility of a disciplinary misconduct; 2) is a violation of labor discipline and official duties; 3) has an expression in action or inaction, is allowed knowingly or negligently; 4) entails a disciplinary sanction, the purpose of which is to educate the violator of conscientious attitude to the order of service, official and work responsibilities; 5) the subjects authorized to apply disciplinary sanctions in the specified system of bodies and institutions are officials in the order of subordination. Key words: discipline, disciplinary responsibility, State Criminal and Executive Service of Ukraine, personnel, bases of disciplinary responsibility, structure system of disciplinary responsibility, disciplinary misconduct.