DISCIPLINARY RESPONSIBILITY OF AN EMPLOYEE OF THE NATIONAL POLICE OF UKRAINE

Abstract

Disciplinary liability of police officers is developing dynamically, but rather unsystematically, which does not allow to properly use the potential of this type of legal liability as an important means of maintaining official discipline in government, creating administrative and legal means to prevent and stop offenses of both employees and employers. rights and legitimate interests of employees of the National Police, etc. Analysis of the current legislation of Ukraine allows us to conclude that the existing model of disciplinary liability of police officers is strongly influenced by labor law with its inherent dispositiveness, which contradicts the administrative-legal concept of disciplinary legislation, which provides for the widespread use of mandatory regulation of civil service relations. This, in our opinion, causes an extremely low effect of the application of disciplinary liability to police measures and does not allow to ensure the proper level of discipline in the state apparatus. Unlike other types of legal liability, where the sanction for the committed offense is inevitable, the decision on the inevitability of punishment for committing a disciplinary offense is in the office of an official endowed with disciplinary and jurisdictional powers. At the same time, as the data of law enforcement practice show, the “right-obligation” given to him to apply a disciplinary sanction often remains unrealized. This article aims to consider and analyze the concept, content and essence of disciplinary liability of police officers, as well as to determine its functions, through which the lawful nature of the punishment for misconduct by an employee. The conclusions of this article will allow to understand to the greatest extent the conceptual apparatus of disciplinary responsibility of such a specific subject of labor relations as employees of the National Police of Ukraine.