PRAVNI ZAPISI • Year V • No. 2 • pp. 448-477

DISCIPLINARY RESPONSIBILITY OF CIVIL SERVANTS IN THE CROATIAN LAW

Language: Croatian

Dr Juras Damir
Ministarstvo unutarnjih poslova Republike Hrvatske, Odjel prvostupanjskog disciplinskog sudovanja u Splitu, Hrvatska
e-mail: Damir.Juras@xnet.hr

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Pravni zapisi, No. 2/2014, pp. 448-477

Original Scientific Article

DOI: 10.5937/pravzap0-7026

KEY WORDS
croatian law; disciplinary liability; disciplinary proceedings; official duty; state servant

ABSTRACT
This paper gives a review of regulating disciplinary responsibility of civil servants in the Republic of Croatia, and with certain concepts it presents the standpoints of legal theory and jurisprudence. In the introduction the author gives legal definition of the term civil servant and defines official duty and disciplinary responsibility. In the central part of the paper the author describes violations of official duty, disciplinary penalties, rules of disciplinary proceedings, process of suspending civil servant from duty, and judicial protection against the decisions of the disciplinary proceedings. The author concludes that it is necessary to regulate more precisely disciplinary responsibility for misbehavior of civil servants off duty, to supplement the catalog of penalties with probation suspension from civil service, proscribe the possibility of punishing the retired civil servants, allow discussion in absence of a civil servant after the first unexcused absence, and condition suspension from service by reasonable expectations that a civil servant could be sentenced to termination of civil service.