The Main Department of the State Tax Service in Kyiv has reminded of the grounds for bringing state officials to disciplinary responsibility. Let’s consider in more details.
Legal background
According to Art. 65 pf Law of Ukraine “On State Service” No. 889-VIII of December 10, 2015 (as amended) (hereinafter – the Law) the ground for bringing a state official to disciplinary responsibility is the commission of disciplinary offence, i.e. wrongful act or omission or decision that is non-fulfillment or improper fulfillment by a state official of duties and other requirements established by this Law and other normative legal acts for which such official can be subjected to disciplinary sanction.
Disciplinary offenses
Disciplinary offences are the following:
1) violation of the Oath of state official;
2) violation of the rules of ethical conduct of state officials;
3) showing disrespect for the state, state symbols of Ukraine, the Ukrainian people;
4) actions that harm the authority of the state service;
5) non-performance or improper performance of official duties, acts of public authorities, orders (instructions) and instructions of heads, adopted within their powers;
6) non-compliance with the rules of internal service regulations;
7) abuse of power, if it does not contain a criminal or administrative offense;
8) non-compliance with the requirements for political impartiality of a state official;
9) use of powers in personal (private) interests or in illegal interests of other persons;
10) submission of unreliable information on the circumstances hindering the exercise of the right to state service upon entering the state service, as well as failure to provide the necessary information on such circumstances that arose during the service;
11) failure to notify the head of the state service of the occurrence of a relationship of direct subordination between a state official and relatives within 15 days from the date of their occurrence;
12) absenteeism of a state official (including absence from service for more than three hours during the working day) without good reason;
13) appearance of a state official on duty in a state of alcohol or drug intoxication;
14) adoption by a state official of an unreasonable decision that has caused a violation of the integrity of state or communal property, their illegal use or other damage to state or communal property, if such actions do not constitute a criminal or administrative offense;
15) adoption by a state official of a decision that contradicts the law or conclusions on the application of the relevant rule of law set forth in the rulings of the Supreme Court, on which the court has issued a separate decision.
Some nuances
A state official cannot be subject to disciplinary responsibility if six months have passed from the day when the head of state service learned or should have learned about the disciplinary misconduct, not taking into account the period of temporary disability of state official or leave, or if one year has passed after the misconduct or ruling of relevant court decision.
