LEGAL LIABILITY OF OFFICIALS AND CIVIL SERVANTS OF DEPOSIT GUARANTEE FUND IN UKRAINE

Abstract

Regulatory aspects of liability of officials and civil servants of the Deposit Guarantee Fund (DGF) have been analyzed. It has been found out that these persons in practice often commit actions that contradict the current legislation. Narrowness of scientific research of the problems of legal regulation of the liability of officials and civil servants of the DGF, as well as the existence of gaps in domestic legislation, is the reason for avoiding legal liability for the committed acts by these persons. Therefore, the objective of the article was the research of regulatory principles of liability of officials and civil servants of the Deposit Guarantee Fund and the ways to improve them.

The allocation between the concepts of “an official” and “a civil servant” has been carried out; the types of legal liability of officials and civil servants of the DGF have been analyzed.

On the basis of the analysis of the legal doctrine and the provisions of the current legislation, it has been determined that the managing director, heads and deputy heads of departments, services, sectors, units and divisions of the DGF are officials, and an authorized person of the DGF is a civil servant. The ways of improving legal liability of these persons have been determined; in particular the author has offered to provide personal liability of the employees of the DGF in the legislation for the fulfillment of the powers delegated to them by the Managing Director of the Fund.

It has been concluded that solving the problems of legal regulation of the responsibility of officials and civil servants of the Deposit Guarantee Fund should provide for the strengthening of the liability of these persons, as well as the legislative consolidation of the types of legal liability of these persons and the list of offenses, for committing which it is applied.