Dobrobaba, M.B. Disciplinary responsibility in the official service offence law: definition and legal nature

Abstract: In order to support the author’s concept of the formation of the institution of the service offence law within the administrative law, the author analyzes the basis of the service delict law, which is disciplinary responsibility of the state officials, and which in turn is a type of disciplinary coercion within the framework of official service relations. Based upon the analysis of disciplinary responsibility in the spheres of labor and administrative law, the author makes a conclusion on the need to distinguish two separate types of legal responsibility in the theory of law: the official service disciplinary responsibility and the labor disciplinary responsibility. The possibility of recognition of responsibility of state officials as official service responsibility is due to the status of persons, to which it is applicable, as well as to the sources of its legal regulation, the broader definition of the disciplinary offence, its goals and functional aims, as well as to the nature and elements of legal relations, within which the state officials may be held responsible, the types of disciplinary punishments and the order of their application. Having recognized such an approach, one may state that the official service disciplinary responsibility of state servants is a part of administrative law and a sub-institution of the official service offence law.

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