Dobrobaba, M.B. The problem of searching for the factual bases of disciplinary responsibility of state servants

Abstract: The absence of generally accepted understanding of the disciplinary offence as a basis for the disciplinary responsibility of state employees in the service law calls for the search of new factual bases. Having analyzed the norms of legislation on responsibility of state employees (servants) the author correlates the definition of disciplinary offences of state employees (servants) with the definition of disciplinary offence in labor law. She singles out specific features and shortcomings of the normative provisions for the disciplinary offences of civil state servants, military officers, and the law-enforcement officers, then she offers her own definition for the bases for the bringing state servants to responsibility, which should be unified in the service law. Having studied the theoretical provisions and practice of normative legal regulation, the author distinguishes the disciplinary offences from crimes and administrative offences. The result of the study is the conclusion, that neither administrative offences, nor the immoral acts, should not serve as independent bases for bringing state servants to disciplinary responsibility. The only acceptable ground for bringing state servants to disciplinary responsibility is disciplinary offence.

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