Administracinė ir tarnybinė (drausminė) atsakomybė už viešųjų ir privačių inetresų derinimo valstybės tarnyboje pažeidimus: kai kurie probleminiai aspektai

Abstract

The aim of this article is to analyse the administrative and official (disciplinary) responsibility for violations of the Republic of Lithuania Law on the Adjustment of Public and Private Interests in the Civil Service. It is shown that the regulatory failures preconditions to abuse with apply the law norms defining the administrative and official (disciplinary) responsibility for violations of the requirements of that law or altogether avoid this responsibility. This argument is supported by the analysis of the said law norms in the context of the Constitutional Court of the Republic of Lithuania official constitutional doctrine, the Supreme Court of Lithuania, the Supreme Administrative Court of Lithuania and the Chief Official Ethics Commission practices. In order to ensure implementation of the principle of inevitability of administrative responsibility, it is advisable to do the following: to set the obligation for the COEC to apply to the court for administrative penalties for persons who violate the Law on the Adjustment of Public and Private Interests in the Civil Service; to unify terms of imposition of administrative penalties and ivestigation of possible conflicts of interests; to determine the administrative responsibility of the COEC for failure to comply with legal requirements. For tThe purposes of official (disciplinary) responsibility is often the substance of the procedural irregularities that may have a decisive influence on official inspection results and the legitimacy of the penalties. In order to ensure the control of the self-regulatory mechanism of the implementation of that law, the rational use of material, human resources, avoid duplication of functions, it is advisable to set the state and municipal institutions and agencies to pursue independently (at no additional investigation of COEC) and apply official responsibility for said law violations. Official (disciplinary) responsibility directly impacts the frame of the civil service, improves the image and gives people’s trust. Taking into account the above stated, it is advisable to set the obligation for the COEC to offer a collegial state or local authority, state or municipal agency, or the head of a superior state or municipal institution or agency to apply official (disciplinary) sanctions for persons who violate the Law on the Adjustment of Public and Private Interests in the Civil Service.