PECULIARITIES OF STATUTORY AND REGULATORY SUPPORT OF OFFICIAL DISCIPLINE IN BODIES AND INSTITUTIONS OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE

Abstract

Abstract. The article is devoted to studying of the legal regulation of official discipline in the bodies andinstitutions of the State Criminal and Executive Service of Ukraine (hereinafter – SCES of Ukraine).The normative definition of the concepts of “official discipline”, “labour discipline” were analyzed andtheir components were considered. Comparative analysis of the peculiarities of regulatory compliance with theConstitution of Ukraine, laws of Ukraine, bylaws and performance of duties and responsibilities for differentcategories of the personnel of the SCES Ukraine were carried out.Due to the analysis of the current legislation the characteristic features of legal regulation of official disciplinein the bodies and institutions of the SCES of Ukraine were revealed. These peculiarities were caused by divisionof personnel into 3 categories, as well as their branch affiliation. Due to this fact, official discipline in bodies and institutions of the SCES of Ukraine is supported regulatory with the help of the excessive number of normative legalacts adopted at long intervals.Attention is focused on the fact that the branching of statutory and regulatory support of official discipline of thepersonnel of the SCES of Ukraine is predetermined by the types of civil service provided by the SCES of Ukraine.Due to this fact the legislator gives several definitions of official discipline, however, none of them, doesn’t revealthis concept fully in our opinion. Due to the study of the components of official discipline, defined by regulationsand taking into account the social aspect of work in the SCES of Ukraine, the author's definition of official disciplinein the bodies and institutions of the SCES of Ukraine is proposed.The importance of regulatory support of official discipline in the bodies and institutions of the SCES of Ukrainefor functioning of state executive bodies was revealed in the article and it was identified to be a priority area forensuring the quality of functioning of the SCES of Ukraine and the Ministry of Justice of Ukraine.As a result of the study, it was found out that the legal regulation of the discipline of personnel of the SCES ofUkraine was carried out within two branches of law. They are: administrative and labor.The components of the system of legal regulation of official discipline in the bodies and institutions of the SCESof Ukraine were identified. The necessity of making changes to the system of legal regulation of official disciplinein bodies and institutions of the SCES S of Ukraine by updating provisions of the of Labour Code concerningmaintenance of labour discipline of the personnel of SCES of Ukraine and development and adoption of the Law ofUkraine "On the Disciplinary Statute of the SCES of Ukraine" simultaneously with the actual implementation of theprovision of official discipline by stimulating incentives.