THE PLACE OF MATERIAL RESPONSIBILITY OF PUBLIC SERVANTS IN THE SYSTEM OF LEGAL RESPONSIBILITY

Abstract

The article is devoted to the study of the nature and place of material responsibility of public servants in the system of legal responsibility of the specified subjects. Various theoretical approaches to the definition of material responsibility are analyzed, which outline its features and mediate in the system of deterrence of negative consequences of public service activities. It is found that scientific approaches to the definition of material responsibility differ, and most often the essence of material responsibility is associated with civil responsibility. It is established that the material responsibility of public servants should be considered as an integral element of their legal status, which determines a separate place for this type of responsibility in the system of legal regulation of public service activities. Analysis of the current regulatory and legal regulation of the material responsibility of public servants allows us to establish the incorrectness of the procedure for its application, which is clearly defined by the provisions of the articles of current laws and negatively affects its implementation, the main goal of which is to restore the violated legal status, violated rights, freedoms and legitimate interests of private individuals from arbitrariness and unlawful activities of public service entities. It is concluded that the material responsibility of public servants has common features with civil responsibility, however, the current regulatory does not replace these types, but allows them to exist together, which sometimes provokes situations of difficulty in determining a specific type of responsibility, which consist in determining the composition of the offense, and especially the subjective side. The main practical problem that remains in the legal sphere of regulating the procedure for holding public servants responsibility is the unjustified dispositivity and insufficient regulation at the level of the provisions of the Law of Ukraine “On Civil Service”, which allows for the discretion to make decisions on the appropriateness of holding a specific public servant liable.