TEŠKE POVREDE SLUŽBENE DUŽNOSTI I DISCIPLINSKE KAZNE ZA DRŽAVNE SLUŽBENIKE
SEVERE VIOLATIONS OF DUTY AND DISCIPLINARY SANCTIONS

Summary/Abstract: In the introduction the author provides legal definition of civil servants, as well as disciplinary liability and official duty. The author than presents description and review of serious violations of official duty and their disciplinary sanctions in the Republic of Croatia, with an overview of the comparative law, indicating statistical data on the work of civil service courts, and quoting practices of the Civil Service, Administrative, and Constitutional Court of the Republic of Croatia, as well as the European Court of Human Rights. The author emphasizes the lack of regulations pursuant to which inappropriate behavior (violations of the law) by civil servants off duty would be punishable. Furthermore, the author suggests certain amendments of legal descriptions (qualifications) of violations of duty, concluding that the law proscribes sufficient catalogue of punishments enabling individualization of sanctions according to the specialties of each case of the violation of official duty. However, the author proposes introducing the punishment “conditional termination of service” back into the legislation, and, as legal consequence, cancelling the temporary conditional punishment, according to which the civil servant’s official duty is terminated if within one year of the enforceability of disciplinary sanctions their responsibility for another severe violation of official duty is determined, considering this is contrary to the principle of punishment individualization. The author proposes proscribing the reduction of pension or confiscation of pension for the retired civil servants, regardless whether disciplinary proceedings were initiated while they were on duty, for the offenses committed while on duty.

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