The Definition of the Outrage oFemployment Duties in the Case of Dismissal for Corruption Offenses

Abstract

Problem setting. In our opinion any corruption offense can primarily be attributed to the outrage of employment duties. the legislation on labour actively uses the term «outrage of employment duties», but does not contain its statutory definition. The purpose of the article is a thorough study and synthesis of the main essential features of the concept of «outrage of employment duties» that will contribute to the meaningfulness of the definition of this category. Analysis of recent research. The study of the concept of «outrage of employment duties» is reflected in the writings of scholars such as: O.A. Abramova, O. T. Barabash, N. M. Vapnerchuk, L. Y. Velichko, V. S. Venediktov, V. V. Goloborodko, V. M. Gorshenev, K. M. Gusov, S. I. Kozhushko, O. O. Kravchenko, O. E. Leist, O. S. Pashkov, S. V. Podkopaev, Y. M. Poletaev, S. M. Prilipko, A. I. Procevskij, K. V. Radionova, V. M. Smirnov, L. A. Syrovatska, A. E. Shevchenko, G. I. Chanysheva, O. M. Yaroshenko, etc. Article’s main body. Before we formulate the definition of the category «outrage of employment duties», highlight and briefly describe the essential features of this phenomenon, such as: 1. Caused or could have caused significant material or moral damage to the rights and interests of workers, the employer or the state. 2. It’s an evaluative concept. 3. The perpetrator of special categories of workers defined by law. 4. It is a disciplinary offence. 5. May result in the dismissal of an employee by the employer. Conclusions and prospects for the development. Therefore, the outrage of employment duties is wrongful conduct of legally defined categories of employees, which resulted in some workers of the enterprise, institution, organization, employer, or the state suffered or likely to be affected by significant material or moral harm, and which may cause the application in the prescribed manner in respect of the perpetrator to disciplinary sanctions, including in the form of dismissal.