Disciplinary Liability Research Articles

Features of disciplinary liability of police officers

The objective of this article is to formulate the definition of the notion of disciplinary responsibility of police officers, to highlight and study the features of this legal phenomenon in the legal system of individual European states. The research was carried out on a complex of general and special scientific methods. In particular, was used the hermeneutic, the logical method of convergence from simple to complex, the logical-semantic, the logical-legal, the comparative-legal method. The author of this article has studied the features of the disciplinary responsibility of police officers. The author focuses on the fact that the disciplinary responsibility of police officers has a number of features: 1) police officers are subjects of special disciplinary responsibility; 2) the content of a disciplinary offense (misconduct) of a police officer is broader than that of persons who are not in the public service; 3) the number of disciplinary sanctions applied to police officers is wider than for employees who are not in the public service; 4) the procedure for bringing to disciplinary responsibility of police officers of Ukraine is specific; 5) employees of the National Police of Ukraine are brought to disciplinary responsibility in case of committing any offense (criminal, administrative, civil).

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The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.

CONCEPTS, TYPES AND BASES OF OFFENSES AND LEGAL LIABILITY

This article discusses the concept and types of offenses, the concept, types and bases of legal liability. The article covers the following topics; legal behavior, its bases, forms, active legal behavior, ordinary legal behavior, weak legal behavior objects, subjects are covered. On the subject of offense; issues such as what the offense is, its main features, objects, subjects of the offense, revenge, negligence, crime, misdemeanor. On the subject of legal responsibility- about the types of liability, its signs, types of legal liability, ie criminal liability, civil liability, administrative liability, signs of disciplinary liability, legality, fairness, inevitability of liability in case of violation, individuality issues such as In the coverage of these topics, drawings on these topics, questions on the topic, terms are also mentioned.

Problems with control activities of private performers

The article analyzes the state of legislation and practice of disciplinary proceedings against private executors by the DisciplinaryCommission of Private Enforcement Agents on the basis of submissions of the Ministry of Justice of Ukraine, entered as a result ofconsideration of appeals of debtors to appeal the procedural actions of private executors in the execution of their court decisions. Cont -rol and inspection of the activities of private performers may also be carried out by: courts, the Council of Private Performers of Ukraineand investigative bodies.But the simultaneous and consistent activity of such a number of persons authorized to inspect a private executor is impractical,as it disrupts the activities of a private executor.The debtor is most interested in taking appropriate actions with abuse of rights, who will use the availability of these methods to“protect” their own interests in order not to enforce or delay the execution of the decision.Therefore, we believe that the debtor should be given the right to appeal against the decisions, actions or omissions of the stateexecutor only in court. Such a provision of the law will eliminate the possibility for the debtor to abuse his rights, to use possible pressurefrom the Ministry of Justice on the private executor, which is intensified by the possibility of the latter to initiate disciplinary proceedingsagainst him.
 Corruption risks when inspecting the activities of private performers may also occur when passing the qualifying examinationevery five years through automated anonymous testing. You can make tickets so that no one can answer them. Thus, private performerswill look for a way out of this situation – to find the “unofficial” cost of passing the exam and solve this issue with the least time andeffort.Therefore, without defining clear limits of disciplinary liability and appropriate measures that can be applied to private perfor -mers for certain illegal actions, control by all institutions will border on the corruption component.Therefore, the issues of checking the activities of private performers and monitoring their actions require broad and public discussion,setting clear limits of application and bodies that will exercise such control to prevent corruption, and bringing private performersto disciplinary responsibility have become objective.

Legal Liability of Municipal Corporations: A Rational Choice Approach to Optimising Deterrence

Since corporations owned by municipalities provide important services to local populations, unlawful conduct on their part is especially undesirable. This paper researches the elements that need to be present in a legal framework, so that the deterrent effect regarding undesirable conduct of municipal corporations will be optimised. An approach based on rational choice considerations is proposed, which takes into account the necessity of an adequate severity of sanctions, a high likelihood of liability for offenders and the need to deprive them of unlawful gains. Interrelation and cumulative effects of norms pertaining to criminal, civil and disciplinary liability are emphasized. The proposed model has the potential to be used by policy-makers to gain additional insight into merits or demerits of different potential legal regimes aimed at deterrence of unlawful behaviour in municipal corporations and their employees.

Grounds for legal liability in the pharmaceutical sector of the healthcare sector

The aim. To find out the content and essence of the legal liability grounds, to determine the main features of each element. Materials and methods. Synthesis, analysis and comparative law methods were used in the course of the study. Results. The grounds for legal liability in the pharmaceutical field are: 1) the fact of committing an act, defined as an offence by the relevant legislation, i.e. the factual basis; 2) the existence of a legal rule that prohibits such behavior and establishes appropriate sanctions, i.e. the regulatory basis; 3) lack of grounds for release from liability; 4) the existence of a law enforcement act, a written decision of the competent authority in which the person is found guilty and assigned the type and measure of punishment, i.e. the procedural basis. The analysis of the relevant regulatory framework shows some inconsistencies in the legislation governing the pharmaceutical sector in the context of legal liability. Thus, the cited articles of Fundamentals and the Law of Ukraine “On Medicinal Products” presume different types of legal liability for violations of the sectoral legislation. The fact is that Article 80 of the Fundamentals does not presume disciplinary liability, which, in our opinion, may have quite unpleasant precedents. In order to increase the effectiveness of the legal liability mechanism, we consider it appropriate to amend Article 80 of the Fundamentals. Conclusions. The grounds for legal responsibility in the pharmaceutical sphere correspond to the generally accepted approaches to their classification, and also have branch-specific features. In order to bring a violator of pharmaceutical legislation to justice, it is necessary to have several elements and only their combination determines the legal responsibility in the pharmaceutical field as possible and appropriate.

Problematic issues of bringing disciplinary and criminal liability of medical workers

Despite numerous in-depth scientific works, we believe that the issue of disciplinary and criminal prosecution of medical workers needs further study in the light of legislative changes and law-making activities of the European Court of Human Rights. The purpose of the article is to characterize the national legislation governing the disciplinary and criminal prosecution of medical workers. The article analyzes the national legislation governing criminal and disciplinary proceedings for medical offenses. It is established that the criminal legislation in the field of regulation of criminal liability for medical crimes needs to be improved, in particular Art. 140 of the Criminal Code of Ukraine. Based on the generalization of case law, it was concluded that there is no single approach to determining the objective side of this type of crime. This requirement is related to the need to avoid cases of unjustified criminal prosecution of medical workers, when criminal prosecution is carried out and only in court the truth in the case is established and an acquittal is passed. The study provided an opportunity to conclude that a disciplinary misdemeanor is an illegal culpable act or omission, which is expressed in non-performance or improper performance by the employee of duties and other requirements imposed on him under labor law, other special regulations, for which may be subject to disciplinary action. Like any offense, a disciplinary offense is characterized by a set of objective and subjective features, called the composition of the offense: the subject, the subjective side, the object, the objective side. Disciplinary liability of a medical worker is a separate type of legal liability that arises in the event of a disciplinary misconduct by a medical worker. Disciplinary liability of medical workers occurs not only for disciplinary misconduct, but also for violation of moral and ethical norms, as workers in this category must comply with the requirements of professional ethics, respect for honor and dignity of citizens (patients).

Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction

The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.

Proceedings relating to the disciplinary liability of prisoners in the state of New York

Prison disciplinary actions constitute one of the essential and – at the same time – necessary elements of penitentiary proceedings, which serve to ensure order and institutional security. When they are undertaken and conducted in a reasonable and moderate, and especially fair manner, then these activities not only protect the health, safety and security of all people participating in prison life, but also constitute a positive factor in the process of rehabilitation of prisoners. The article presents the rules of disciplinary proceedings in the State of New York.

Some Issues Related to the Optimization of Legislation of Ukraine in Terms of Bringing Judges to Justice

The article reveals some issues related to the optimization of the legislation of Ukraine in terms of bringing judges to justice. It has been found that for systematic or gross neglect of responsibilities by a judge, which, in the context, is incompatible with the status of a judge, the Supreme Council of Justice considers dismissing a judge on the basis of a submission by the Disciplinary Chamber on the dismissal of a judge. It is determined that according to the doctrinal approach, early termination of a judge’s professional activity, which makes it impossible for him to perform his powers, but not of the judge’s own will, indicates the onset of not disciplinary liability but the onset of constitutional liability. It is established that the main types of disciplinary sanctions as a result of bringing judges to disciplinary responsibility in accordance with the decisions of the Disciplinary Chambers of the Supreme Council of Justice are: 1) dismissal; 2) warning; 3) reprimand with deprivation of the right to receive additional payments to the amount of the official salary of a judge for a period of one month; 4) severe reprimand with deprivation of the right to receive additional payments to the official salary for a period of three months; 5) a temporary application for suspension from justice for a period of six months with deprivation of the right to receive additional payments to the salary of a judge in order to send a judge to the National School of Judges of Ukraine as a part of a refresher course for investigative judges; justice in court. Prospects for further research suggest a thorough study and disclosure of the main aspects of bringing judges to justice, which are governed by the rules and regulations of current legislation and improve them in accordance with international instruments.

Some aspects of improving the legal regulation of civil service in Ukraine

The article studies some aspects of improving the legal regulation of civil service in Ukraine. Domestic norms that provide for the application of restrictions on civil servants in accordance with the Law of Ukraine “On Purification of Government” were analyzed. Moreover, it was found that such restrictions violate a person’s right to respect for private life. The procedure for assessing the performance of civil servants was studied. It was substantiated that the application of dismissal of civil servants as a result of receiving a negative assessment after the performance appraisal does not meet the principles of individuality, objectivity and proportionality when deciding on dismissal and general norms concerning disciplinary liability of civil servants provided by the Law of Ukraine “About civil service”.
 The experience of legal regulation of civil service in Poland, Moldova and Germany was analyzed. It was determined that the improvement of domestic legal regulation of civil service in some part may occur through the borrowing of those peculiarities of civil service, which are found in the legislation of the abovementioned countries. For example, the experience of the Republic of Poland is useful for borrowing in terms of improving the performance appraisal of civil servants. Moldova’s experience shows the successful use of polygraph testing of civil servants. The German experience is useful for Ukraine in terms of training and retraining of civil servants. Proposals were presented to improve the legislation on the civil service, namely the application of reprimands, rather than dismissal due to a negative assessment of the results of the civil servant’s performance appraisal. It is suggested to amend the lustration legislation, which would provide for an individual approach to a person who will be lustrated if his guilt in making decisions, committing acts that contributed to the undemocratic regime of Viktor Yanukovych is proved.

Дисциплинарная ответственность сотрудников уголовно-исполнительной системы как субъектов уголовно-исполнительных отношений

The article is devoted to identifying the features of the relationship between the norms of administrative and penal law applicable in the implementation of disciplinary proceedings against employees of the penal system. The author tried to justify the appropriateness of bringing employees of the penal system to disciplinary liability for violation of penal law. The article analyzes the most common duties of employees, enshrined in the norms of criminal executive law, and cases of disciplinary liability for violation of these duties. It is concluded that such a “weave” of the norms of criminal executive and administrative law is regular when the former act as regulatory and the latter as protective norms.

Disciplinary Liability of Judges – Prevention or Encouragement

Present paper is intended to verify how strongly the current legislation of Georgia is focused on prevention of disciplinary misconduct of judges. The matter is discussed through the prism of the concept of general prevention (Die generalpräventive Lehre). After a consistent review of legislation, following conclusion should be made: • The main idea of the general prevention – the threat of punishment – is diminished. • Current Georgian legislation is less than focused on general prevention of disciplinary misconduct of judges; • Current regulations make it even more difficult to prevent misconducts; • A deep comprehension of the matter through the prism of concept of general prevention is needed in order to create new, more acceptable regulations. The discussion offered in this paper has once again stressed on an ever existing problem: It is not necessary at all that a concept developed within certain field of law is used in a restricted way − only within the frame of that same field of law. It should be applied in process of comprehension of a problem that occurred within adjacent field of law if it is applicable considering its subject, problematics or/and methodological base.

ВІДПОВІДАЛЬНІСТЬ СУДОВОГО ЕКСПЕРТА В ПРОЦЕСІ ПРОВЕДЕННЯ ЕКОНОМІЧНОЇ ЕКСПЕРТИЗИ

The article assesses the main types of liability that can be applied to a forensic expert during the economic examination, for improper performance of their duties. It is determined that the norm of responsibility is provided by the domestic legislation. The following types of liability are applied to the work of experts: criminal, administrative, material and disciplinary. In addition to legal responsibility, the expert is also responsible for moral and ethical responsibility for the quality of their work. The types of criminal liability of a forensic expert in the process of conducting an economic examination, which are provided by the Criminal Procedure Code and the Criminal Code of Ukraine, are described. The administrative responsibility regulated by the Code of Ukraine on Administrative Offenses of Part 3 of Art. 1853 and 1854. It is determined that in the process of conducting forensic examinations, material liability may also be applied to the expert. It is applied if the expert caused damage to the object of examination by his actions. The procedure for applying disciplinary expertise to a forensic expert is considered in detail. In particular, the procedure for managing disciplinary liability, types of disciplinary misconduct, types of decisions made by the disciplinary chamber of the Central Expert Qualification Commission, cases when disciplinary proceedings are not initiated, types of decisions based on disciplinary liability of an expert, components of the decision of the Central Expert Chamber. -qualification commission, types of disciplinary sanctions, etc. It is determined that in addition to the legal expert is also morally and ethically responsible for the quality of his work before the person who appointed the forensic examination, the court, the defense, the prosecution, the head of the forensic institution; according to the results of the study, he is obliged to give a conclusion in accordance with professional ethics and without compromising his own conscience. It is noted that in administrative proceedings it is advisable to apply preventive measures aimed at verifying the fact of the expert's good experience, his competence, implementation of the forensic expert's preparation for the real case by providing appropriate advice, checking his psychological condition and assessing his previous activities.

The importance of law practice in achieving legal certainty regarding the grounds for disciplinary liability of a judge

In order to overcome the relevant problem, the Law of Ukraine «On the Judiciary and the Status of Judges» significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility – dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it. At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article. The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular. Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge. Keywords: disciplinary liability of a judge, grounds for disciplinary liability, legal certainty, evaluation concepts.

О некоторых вопросах регулирования труда медицинских и фармацевтических работников в отдельных государствах ОЭСР

The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.

«ПОРЯДОК» И «УСЛОВИЯ» ИСПОЛНЕНИЯ И ОТБЫВАНИЯ НАКАЗАНИЙ КАК КАТЕГОРИИ УГОЛОВНОИСПОЛНИТЕЛЬНОГО ПРАВА

In legal science, sometimes it happens that some of its defining, basic categories remain without due attention due to their apparent obviousness, although on closer examination it turns out not so simple. A similar situation exists nowadays, in our view, with such frequently used in the theory of criminal-executive law, in legislation and subordinate normative legal acts as "order" and "conditions" of execution and serving of criminal punishments. Although more than fifty articles of the current Criminal Executive Code of the RF contain references to "order" and "conditions" in various contexts (together or separately), their specific scientific content lacks proper certainty. It should be emphasised that the categories of 'procedure' and 'conditions' used in penal law have different content and meaning, based on the more general categories of 'condition' and 'conduct'. From this point of view, "conditions" are the main external parameters of the state of the subjects of penal relations, legally enshrined in the form of descriptions, prescriptions, restrictions or special rights, such as the right of prisoners to guaranteed food, etc. Conditions of execution are legally enshrined parameters of the state of the subjects of execution of punishments (including requirements for equipment of correctional facilities). The same, addressed to the convicts, act as conditions of serving the sentence. Execution procedure - legally enshrined requirements for the subjects of sentence enforcement, including rules of legal procedure and requirements for compliance with the conditions of sentence enforcement. Order of serving - normatively enshrined rules of conduct of inmates, including their obligation to comply with the conditions of serving the sentence. Violation of the order of serving the sentence includes non-compliance with the conditions of serving the sentence. In this regard, the definition of violation of the "order and conditions" of serving juveniles as a ground for disciplinary liability of convicted persons seems redundant. It is sufficient to indicate the order of serving the sentence, as it is done in the norms of the Penal Enforcement Code of the Russian Federation, regulating the execution of imprisonment. At the same time, the responsibility of the administration of correctional institutions and its representatives is possible both for violation of the conditions of execution of punishment and the order of its execution. In the first case, there may be unlawful "indulgences" to convicts (for example, in terms of keeping prohibited items by them), or (which happens more often) unlawful "toughening" of conditions, as stated in Article 121 of the CEC of the RF. The order of execution of sentences can also be violated without violating its conditions when it concerns the procedure, consistency, reasonableness of certain aspects of the penal enforcement activity.

Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część pierwsza

<p>The origins of the modern Polish system of notaries date back to the period of the Polish Second Republic. At the end of World War I, the institution of notaries in Polish lands was heterogeneous. There were three separate notary organizations, which regulated differently the systemic position, tasks and functions of the notary. The rebirth of the Polish State brought the issue of unification of the system of notaries. Works on this ground-breaking task took place for several years and ended with the creation of the Law on Notaries of 27 October 1933. The article is intended to precisely determine the systemic position of the notary under the first Polish Law on Notaries. Article 1 of the Regulation defined notary as a public functionary appointed to draw up acts and documents to which the parties were obliged or wanted to give the public attestation and to carry out other acts as entrusted to him by law. Attempts to define the concept of a public official revealed numerous terminological problems and generated the need to conduct research on the issue of the notary’s position both in terms of scholarly reflection and dogmatic terms. In order to determine the systemic position of the notary, the article presents a detailed analysis of the term “public functionary” used in Article 1 of the Law on Notaries, views of the most eminent representatives of legal science in Poland on this subject and the scope of activities of the notary. The doubts and terminological difficulties identified in the course of these activities led to a deeper analysis of the provisions of Section I of the Law on Notaries, entitled “System of Notaries” (provisions of Chapters I–III) and of the case law. However, the attempt undertaken in the article to clearly define the position of the notary under the first Polish Law on Notaries did not bring a fully satisfactory result. The analysis of the position of the notary in the light of the Law on Notaries of 1933 indicates that there are serious difficulties in defining it precisely, both among the scholars in the field and the judicature. To fully define it, a closer analysis of the provisions of the Law on Notaries concerning the supervision of notaries, disciplinary and compensation liability of notaries, the professional self-government of notaries and the rules of preparation for the profession of notary was necessary. These issues have a significant impact on the final shape of the notary’s position within the legal system. Due to editorial limitations, these issues will be addressed in the second part of this article, along with final conclusions.</p>

The Importance of Law Practice in Achieving Legal Certainty Regarding the Grounds for Disciplinary Liability of a Judge

In order to overcome the relevant problem, the Law of Ukraine “On the Judiciary and the Status of Judges” significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility — dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it. At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article. The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular. Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge.

Disciplinary responsibility issues in COVID-19 pandemic environment

The article contains an analysis of the essence of labor discipline. The theoretical approaches to its understanding are considered. The article substantiates expediency to use in the concept of labor discipline definition purely legal categories. It is also emphasized on negative attributes and contradictions in the Labor Code of Ukraine and the Disciplinary Statute of the Armed Forces of Ukraine. The article proposes the author's definition of labor discipline. It is proposed to consider a service offense as the basis for disciplinary liability. At the same time the essence of disciplinary liability is characterized. The peculiarities of labor relations in the context of the COVID-19 pandemic include the following: a) legal gaps in the regulation of labor relations in the aspect of ensuring self-isolation of workers who had contact with COVID-19 confirmed patients; b) concealment by employees the facts of coronavirus disease (personal or family members); c) legal uncertainty regarding the evasion of workers in the presence of reliable information about the possibility of infection with COVID-19 from medical examination and testing; d) problems in understanding the legality of the refusal from vaccination of those employees, whose activity involves active social contacts. It has been found that deliberately placing others at risk of contracting COVID-19 while a person is on duty constitutes improper performance of their duties and may lead to disciplinary liability. Such a disciplinary offense carries signs of guilt and danger and constitutes a deliberate violation of established restrictions.