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 anticorruption
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.