Bringing civil servants to administrative responsibility for committing mobbing (harassment)

Abstract

The article examines the issue of bringing civil servants to administrative liability for committing mobbing (harassment). It is established that administrative liability for committing mobbing (harassment) of an employee is provided for by the provisions of Article 173⁵ of the Code of Ukraine on Administrative Offenses. Attention is drawn to the fact that Article 173⁵ of the Code of Ukraine on Administrative Offenses does not contain any clarification regarding the possibility of its application to civil servants in the event of their committing mobbing (harassment).

The general content and composition of the administrative offense provided for in Article 173³of the Code of Ukraine on Administrative Offenses are described. It is substantiated that the blanket nature of the disposition of Part 1 of Article 173⁵ of the Code of Ukraine on Administrative Offenses indicates that when qualifying the actions of civil servants as committing mobbing (harassment), in addition to the provisions of Article 2² of the The Labor Code of Ukraine, it is also necessary to take into account the provisions of the Law of Ukraine “On Civil Service” and other acts of legislation on civil service - in terms of determining the features of passing and terminating civil service.

It is determined that civil servants may be the subject of an administrative offense provided for in Article 173³ of the Code of Ukraine on Administrative Offenses, the subjective side of which is characterized by the presence of guilt in the form of direct intent. The object of the studied administrative offense in the field of civil service is social relations that arise during the exercise of the right to civil service, as well as ensuring the rights of civil servants provided for by the legislation on civil service. Attention is focused on the fact that the objective side is manifested through forms of mobbing (harassment), which do not take into account the specifics of relations in the field of civil service.

The absence of cases of bringing civil servants to justice for committing mobbing (harassment) in the Unified State Register of Court Decisions was established. Cases of consideration of cases of administrative offenses under Article 173⁵ of the Code of Ukraine on Administrative Offenses in relation to local government employees were characterized. A negative trend in the detection of mobbing (harassment) in the service sector in local government bodies was determined. It was substantiated that the proper and effective application of Article 173⁵ of the Code of Ukraine on Administrative Offenses to civil servants requires full regulation of the prohibition of mobbing (harassment) in the civil service sector directly by the provisions of the legislation on civil service, with the mandatory granting of the National Agency of Ukraine on Civil Service the authority to consider complaints of civil servants regarding mobbing (harassment). The above will contribute to ensuring the effective restoration of the violated rights of civil servants as a result of mobbing (harassment). Promising directions for further scientific research were identified.