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Disciplinary responsibility of certain categories of legal employees
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The article contains a comprehensive analysis of the features and essence of disciplinary liability of legal workers of various categories. The definition of disciplinary liability is formulated, its characteristic features are determined. The authors found that the disciplinary liability of legal workers stands out against the background of general disciplinary liability, which applies to employees performing standard labor duties. It is noted that the peculiarity of this liability is: a specific subject of disciplinary violation (legal workers), specialized types of disciplinary punishments, as well as a special procedure for imposing and appealing them.
It has been established that for the application of special disciplinary liability it is advisable to take into account certain criteria: subjects that may be brought to special disciplinary liability; the scope and nature of the work of legal workers; the level of legal regulation and the type of regulatory legal act that regulates such liability; the scope of application of disciplinary liability; penalties that can be applied to subjects of liability; features of the procedure for bringing certain categories of employees to liability.
Considerable attention is paid in the work to the study of the features of disciplinary liability of judges, lawyers, notaries and prosecutors. A brief overview of the bodies that impose disciplinary penalties on legal workers and the terms within which they can be imposed is provided.
The authors concluded that the analysis of disciplinary liability of certain categories of legal workers makes it possible to establish that such workers are special subjects of disciplinary liability, and therefore, special disciplinary liability of legal workers is understood as a set of norms that determines the obligation of a representative of the legal profession to take disciplinary measures provided for by the relevant special acts on discipline, under certain conditions and in cases provided for by law.
Uzhhorod National University
Title: Disciplinary responsibility of certain categories of legal employees
Description:
The article contains a comprehensive analysis of the features and essence of disciplinary liability of legal workers of various categories.
The definition of disciplinary liability is formulated, its characteristic features are determined.
The authors found that the disciplinary liability of legal workers stands out against the background of general disciplinary liability, which applies to employees performing standard labor duties.
It is noted that the peculiarity of this liability is: a specific subject of disciplinary violation (legal workers), specialized types of disciplinary punishments, as well as a special procedure for imposing and appealing them.
It has been established that for the application of special disciplinary liability it is advisable to take into account certain criteria: subjects that may be brought to special disciplinary liability; the scope and nature of the work of legal workers; the level of legal regulation and the type of regulatory legal act that regulates such liability; the scope of application of disciplinary liability; penalties that can be applied to subjects of liability; features of the procedure for bringing certain categories of employees to liability.
Considerable attention is paid in the work to the study of the features of disciplinary liability of judges, lawyers, notaries and prosecutors.
A brief overview of the bodies that impose disciplinary penalties on legal workers and the terms within which they can be imposed is provided.
The authors concluded that the analysis of disciplinary liability of certain categories of legal workers makes it possible to establish that such workers are special subjects of disciplinary liability, and therefore, special disciplinary liability of legal workers is understood as a set of norms that determines the obligation of a representative of the legal profession to take disciplinary measures provided for by the relevant special acts on discipline, under certain conditions and in cases provided for by law.
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