Peculiarities of extrajudicial disciplinary proceedings of corruption offense cases

Бесплатный доступ

The article is devoted to investigation of extrajudicial disciplinary proceedings of corruption offense cases and identification of their essential features. Justifying the urgency of disciplinary responsibility in the anti-corruption mechanism in the system of public service, the author analyzes the legislation, supplementing the regulations of certain types of public service with universal provisions aimed at combating corruption and enhancing responsibility for corruption offenses in the system of public service. Comparing the disciplinary proceedings with the proceedings of case of violating the anti-corruption legislation, the author comes to a conclusion that they are virtually identical. The regulatory features of disciplinary proceedings of corruption offense cases are connected: with subjects of disciplinary inspection and a special mechanism for its implementation; with the absence of provisions laying down the requirement of obtaining an explanation from a public servant; with the limitation period of bringing to disciplinary liability. As a result of the conducted analysis the author concludes that the aforementioned differences are not of a fundamental nature and may well be included into the general procedure of applying disciplinary sanctions. The main difference between the mechanism of bringing to disciplinary liability for corruption offenses and an ordinary disciplinary procedure is, in opinion of the author, in its peremptory character. The unreasonableness of setting a differentiated legal mechanism of bringing to disciplinary liability for committing disciplinary corruption offenses different from bringing to a common disciplinary liability complicating the law enforcement process is substantiated.

Еще

Public service, public servants, anti-corruption, disciplinary responsibility (liability), disciplinary offense, corruption offense, disciplinary proceedings, verification, procedural deadlines, inevitability of punishment

Короткий адрес: https://sciup.org/147150134

IDR: 147150134   |   DOI: 10.14529/law170114

Статья научная