NORMATIVE AND LEGAL REGULATION OF LEGAL RESPONSIBILITY OF PUBLIC SERVANTS IN UKRAINE

Abstract

This work is devoted to the normative prerequisites for prosecution public officials under the legislation of Ukraine. The main approaches to the understanding of legal responsibility are defined, attention is focused on its conceptual foundations. The essence of public service is revealed in accordance with the current legislation, the content of the given concept is analyzed. It was found that the existence of the definition of "public service" in the context of legal responsibility is not provided with the appropriate necessary legal instruments. It has been confirmed that the legal responsibility of public officials is an element of their legal status and a restraining factor against the arbitrariness of power. The specifics of the civil liability of public servants are separately defined, its material nature is clarified, attention is focused on the obvious shortcoming, which consists in the further insufficient legal regulation with reference to the Law of Ukraine "On Public Service", which also needs additional improvement. Particular attention is paid to the disciplinary responsibility of public servants, a conclusion is made about the joint application of labor and administrative legislation considering the peculiarities of public service, and the disciplinary responsibility of public servants can be considered through the prism of the category of official discipline. The specifics of the application of administrative responsibility to public officials were characterized, and it was found that anti-corruption reform and the adoption of the Law of Ukraine "On Prevention of Corruption" made a significant contribution to the reform of this institution of law. It was determined that public officials may be subject to a wide range of criminal offenses, and that their criminal liability is not limited to Chapter XVII of the Criminal Code of Ukraine. A conclusion was made about positive changes in the researched sphere of relations, which is due to the reform of anti-corruption legislation and the formation of a new consciousness and ideology of public service with the gradual implementation of European standards for the functioning of public service, which reflect its public service nature.