Legislative regulation of grounds for dismissal of an employee for committing a corruption or corruption-related offense

Yevhen Podorozhnii; Nataliia Obushenko; Kostiantyn Harbuziuk; Oksana Platkovska

doi:10.34069/AI/2020.26.02.34

Yevhen Podorozhnii Department of Labor and Economic Law of the Faculty No. 2, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine). https://orcid.org/0000-0003-1677-1937
Nataliia Obushenko Scientific Council, Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine). https://orcid.org/0000-0003-2924-3180
Kostiantyn Harbuziuk Criminal Police Faculty, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine). https://orcid.org/0000-0001-6694-5427
Oksana Platkovska Department for Education Science and Psychology, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine). https://orcid.org/0000-0003-0011-9290

DOI: https://doi.org/10.34069/AI/2020.26.02.34

Keywords: Dismissal, corruption, corruption offense, employee, disciplinary action, cause.

Abstract

The article is devoted to the analysis of the current legislation of Ukraine regarding the rationing of grounds for dismissal of an employee for committing corruption or corruption-related offenses. Scientific points of view and relevant provisions of general and specific legislation on the interpretation of such definitions as "corruption", "corruption offense" and "corruption-related offense" are analyzed. The necessity to study this issue is based on the fact that the European integration direction of Ukraine's development is not possible without effective counteraction to corruption as a negative social phenomenon, which impedes the normal functioning of economic relations and civil society in general. In this context, it is emphasized that an employee who has committed a corruption offense and who has been found guilty of such an offense by a court decision, which has come into force, must be dismissed. Attention is drawn to the fact that following a court decision, it is not always possible to dismiss an employee on the ground of a corruption offense, since a person may be dismissed immediately after the administrative protocol has been drawn up against him. The purpose of the article is to analyze the current legislation of Ukraine on the regulation of grounds for dismissing of an employee for committing a corruption or corruption-related offense. Research methods are defined taking into account the purpose of the research, which is why modern methods of scientific cognition, namely comparative legal and generalization, are used. The application of these methods made it possible to achieve comprehensiveness and objectivity of scientific research, validity and consistency of the formulated conclusions.

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Author Biographies

Yevhen Podorozhnii, Department of Labor and Economic Law of the Faculty No. 2, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Doctor of Jurisprudence, Professor, Professor of the Department of Labor and Economic Law of the Faculty No. 2, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Nataliia Obushenko, Scientific Council, Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine).

PhD in Law, Researcher at the Secretariat of the Scientific Council, Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine).

Kostiantyn Harbuziuk, Criminal Police Faculty, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

PhD in Law, Dean of Criminal Police Faculty, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Oksana Platkovska, Department for Education Science and Psychology, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Candidate of Psychological Sciences, Assistant Professor at the Department for Education Science and Psychology, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

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