THE EFFECT OF ADMINISTRATIVE PUNISHMENT FOR CORRUPTION OFFENSES ON THE EMPLOYMENT RELATIONSHIP OF A FORENSIC EXPERT

Abstract

Euro integration transformations in our country
have raised the issue of overcoming corruption in all
branches of government, reforming the judicial and
law enforcement systems. Judicial reform did not
bypass the basic provisions on forensic expertise as
the latter is an integral part of the judicial system. One
of the hallmarks of procedural and employment status
of a forensic expert is his or her legal responsibility
for the failure or improper performance of his / her
duties. The responsibility of a forensic expert is one of
the important means of ensuring the legitimacy and
discipline of the forensic system. The orientation of
Ukraine to the rule of law and the implementation of
Pan-European values substantially actualize research
on direct legal responsibility.
Therefore, the purpose of the article is to
investigate the issues of special legal liability
applicable to a forensic expert in the performance,
non-performance or improper performance of his
duties, the prosecution of corruption offenses and
offenses related to corruption. The author analyzes the
provisions of the Constitution of Ukraine, the Law of
Ukraine "On Forensic Examination", the Code of
Ukraine on Administrative Offenses, regulatory acts
regulating the procedure for bringing to court the
disciplinary responsibility of a judicial expert of the
Ministry of Internal Affairs of Ukraine.
The procedure and grounds for bringing a court
expert to administrative and disciplinary
responsibility for anti-corruption offenses are
analyzed. The main shortcomings of the legislation
are outlined, in particular, regarding the application
of the disciplinary procedure of a court expert for
corruption offenses. The outstanding and unresolved
issues regarding the prevention of corruption in
forensic activities are highlighted. It is proposed to
improve the profile law regulating forensic activities
by making changes, namely to define: the only
authorized body for applying disciplinary responsibility; grounds for bringing to disciplinary action, to grounds to add - violation of anti-corruption legislation, violation of ethical behavior of a court expert; procedural issues of disciplinary action; procedural issues for the removal of a forensic expert from the performance of duties in connection with the imposition on him of a last year administrative penalty for committing a corruption offense; a single list of types of disciplinary sanctions, taking into account the possible volumes and gravity of the offense; to specify the terms of imposition of disciplinary sanction and the time when the term of the term occurs; the procedure and terms of appeal against disciplinary action.
Key words: forensic expert, forensic expertise, administrative responsibility, disciplinary liability, corruption offenses.