The Aspects of Disciplinary Responsibility of Officials of Prosecuting Magistracy and Police
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Abstract
From a practical perspective, this problem is not examined well enough, especially with relation to differences, existing between the penalties that might be inflicted to the officers of public prosecutor’s office as well as officers of internal service, on the one hand, and the disciplinary penalties provided in the employment legislation of the Republic of Lithuania on the other hand.
Legal relation of the officers with the service is determined according to a special order: acceptance to the service, an oath by which the officer at his free will accepts the authorization and trial period. All this is based on the statutory relations what means that these officers have not only additional rights but the additional obligations as well.
Differently from the other employees, increased demands are made to the officers as they must ensure qualified and irreproachable work and its quality.
For committed offence and crimes the officers are liable irrespective to application of criminal and administrative liability.
Quite often the officers are dismissed from the service for breach of labour discipline. Special accent should be made to the most widespread breach of labour discipline related to dishonour of the officer’s name for which dismissal from the service is always applied.
Seeking to reach a higher educational result, improving application of disciplinary responsibility of the officers it is necessary to legitimate obligatory account for disciplinary breach as well as obligatory acknowledgement with the order to inflict the penalty in the Statutes (contrary to currently existing right).
Such disciplinary penalties, that might be inflicted to the officers of the system of internal affairs, as reduction in rank or demotion in service are discussed in the article too. The author thinks that it is necessary to detail term of the validity of reduction in rank and period of demotion in service as disciplinary penalties in the Statutes of the system of internal affairs.
Grounds and order for removal of the officers from the service are discussed in the article as well. The opinion that normative acts regulating removal of the officers of the internal system from the service is not detailing duration of the removal and its termination, order of the removal and questions related to payment for the period of removal are not regulated in the Statutes is laid in the article as well.
As the officer of public prosecutor’s office has a special importance, he must conduct himself properly not only while being in service but also in his private life. He must perform his duties in such way that a name of an independent and honest officer properly serving to his State would be justified.
Legal relation of the officers with the service is determined according to a special order: acceptance to the service, an oath by which the officer at his free will accepts the authorization and trial period. All this is based on the statutory relations what means that these officers have not only additional rights but the additional obligations as well.
Differently from the other employees, increased demands are made to the officers as they must ensure qualified and irreproachable work and its quality.
For committed offence and crimes the officers are liable irrespective to application of criminal and administrative liability.
Quite often the officers are dismissed from the service for breach of labour discipline. Special accent should be made to the most widespread breach of labour discipline related to dishonour of the officer’s name for which dismissal from the service is always applied.
Seeking to reach a higher educational result, improving application of disciplinary responsibility of the officers it is necessary to legitimate obligatory account for disciplinary breach as well as obligatory acknowledgement with the order to inflict the penalty in the Statutes (contrary to currently existing right).
Such disciplinary penalties, that might be inflicted to the officers of the system of internal affairs, as reduction in rank or demotion in service are discussed in the article too. The author thinks that it is necessary to detail term of the validity of reduction in rank and period of demotion in service as disciplinary penalties in the Statutes of the system of internal affairs.
Grounds and order for removal of the officers from the service are discussed in the article as well. The opinion that normative acts regulating removal of the officers of the internal system from the service is not detailing duration of the removal and its termination, order of the removal and questions related to payment for the period of removal are not regulated in the Statutes is laid in the article as well.
As the officer of public prosecutor’s office has a special importance, he must conduct himself properly not only while being in service but also in his private life. He must perform his duties in such way that a name of an independent and honest officer properly serving to his State would be justified.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
