Issues of Application of the Disciplinary Liability

Jurisprudencija: Mokslo darbu žurnalas 19 (4):1439-1457 (2012)
  Copy   BIBTEX

Abstract

There are two types of responsibilities of civil service enshrined in the Law of the Republic of Lithuania on the Civil Service – disciplinary and material liability. Disciplinary liability is the structural part of the Lithuanian civil service. It directly impacts the frame of the civil service, improves the image and gives people’s trust. That is the main reason to analyse the legal base and the practical application of the disciplinary liability in analytical-critical way. The article deals with the theoretical and practical aspects of the responsibility of civil servants. This article also covers the peculiarities of the concept of disciplinary liability in order to reveal the procedural grounds of application of this kind of liability and the consequences for the status of a civil servant. The authors also analyse practical situations of demarcation between disciplinary and administrative liabilities. One part of the article is devoted to the analysis of procedural application of the disciplinary liability issues. The main goal of the article is to discuss problematic aspects of executing stage. The authors of the article come to the conclusion that there are two types of civil servant liabilities laid down in the Law – disciplinary and material liability. Taking into account the results of the analysis, it must be stated that the same things are defined differently in the legal acts. Disciplinary liability must be applied to civil servants and to public officers, whereas other kinds of liability must be applied to persons working on the basis of contracts. Moreover, the authors of the article draw the conclusion that the procedural mistakes made while applying disciplinary liability cannot fully eliminate the results of punishment. Here it must be clarified whether the rights of a civil servant were not restricted and whether the impartiality of the disciplinary inspection was guaranteed. That kind of analysis of procedural mistakes allows us estimating their status and the ultimate impact on the legality of disciplinary liability

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,518

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Disciplinary Liability as a Background for Dismissal of Employees in Lithuania.Tomas Bagdanskis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1485-1500.
The Inadequacy and Its Improvement of China's Civil Liability System against Commercial Bribery.Ning An - 2006 - Nankai University (Philosophy and Social Sciences) 5:26-32.
Contractual Liability: for Fault or Strict?Simona Selelionytė-Drukteinienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1417-1441.
On the Infringements of the Rights and Their Legal Liability in Tang's China.Chun-zhi Yue & Chao Zou - 2006 - Nankai University (Philosophy and Social Sciences) 2:99-108.

Analytics

Added to PP
2013-11-24

Downloads
28 (#808,576)

6 months
8 (#613,944)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references