PECULIARITIES OF EXTRAJUDICIAL DISCIPLINARY PROCEEDINGS OF CORRUPTION OFFENSE CASES

Abstract

The article is devoted to investigation of extrajudicial disciplinary proceedings of corruption
offense cases and identification of their essential features. Justifying the urgency
of disciplinary responsibility in the anti-corruption mechanism in the system of public
service, the author analyzes the legislation, supplementing the regulations of certain types
of public service with universal provisions aimed at combating corruption and enhancing
responsibility for corruption offenses in the system of public service.
Comparing the disciplinary proceedings with the proceedings of case of violating the
anti-corruption legislation, the author comes to a conclusion that they are virtually identical.
The regulatory features of disciplinary proceedings of corruption offense cases are
connected: with subjects of disciplinary inspection and a special mechanism for its implementation;
with the absence of provisions laying down the requirement of obtaining an
explanation from a public servant; with the limitation period of bringing to disciplinary
liability. As a result of the conducted analysis the author concludes that the aforementioned
differences are not of a fundamental nature and may well be included into the general
procedure of applying disciplinary sanctions. The main difference between the mechanism
of bringing to disciplinary liability for corruption offenses and an ordinary disciplinary
procedure is, in opinion of the author, in its peremptory character. The unreasonableness
of setting a differentiated legal mechanism of bringing to disciplinary liability for
committing disciplinary corruption offenses different from bringing to a common disciplinary
liability complicating the law enforcement process is substantiated.