ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Legal nature of a prosecutor’s liability for improper performance of official duties in an administrative position

Legal nature of a prosecutor’s liability for improper performance of official duties in an administrative position

Pages: 270-280
Year: 2025
Location: Pravova Ednist Ltd
Дата публікації: 30.06.2025

Review

The article examines the procedure for dismissing a prosecutor from an administrative position for improper performance of official duties established for the administrative position held by him, its legal nature. The legal regulation of this procedure is analyzed, in particular in comparison with the disciplinary liability of prosecutors. The purpose of the article is to determine the legal nature of the liability of a prosecutor holding an administrative position for improper performance of official duties established for the administrative position he holds. Attention is drawn to the content of the procedure for dismissing a prosecutor from an administrative position as a liability, its similarity in a number of features to disciplinary liability, in particular that they are a means of ensuring legality and official discipline. Based on this, the conclusion is formulated that the dismissal of a prosecutor from an administrative position due to improper performance of his official duties in this position is a special responsibility of prosecutors (holding administrative positions), which is a type of disciplinary liability. In addition, the differences between the special liability of prosecutors in administrative positions and disciplinary liability were investigated, in particular in terms of legal regulation of the subject composition, grounds for liability, and legal consequences.

Legal nature of a prosecutor’s liability for improper performance of official duties in an administrative position