Peculiarities of Application of Disciplinary Responsibility For Violation of Information Legislation in the Activity Of State Border Guard Service of Ukraine

Abstract

The article deals with the consideration of the legal protection of information. It is emphasized that the scientific doctrinal concept of “information responsibility” has not been formed yet; the proper understanding of both “information responsibility” and its correlation with other types of legal responsibility has not been developed. The procedural issues of the procedural order of bringing to information and legal responsibility remain unresolved. The issues of disciplinary responsibility for information offenses remain undetermined; the vast majority of them are at the discretion of commanders and chiefs of the State Border Guard Service of Ukraine within their disciplinary authority, and not within the competence of justice authorities. It is proposed to bring servicemen to administrative rather than disciplinary responsibility for committing administrative information offenses. It has been found out that administrative responsibility should be imposed for violation of laws, regulations, and orders, and disciplinary responsibility should occur for violation of intradepartmental and organizational normative legal acts. Legal responsibility for violation of information legislation in the field of state border protection are investigated. It is emphasized that there are peculiarities of guarantees for protection of information relations in the sphere of border guarding: each individual type of responsibility has its own procedural order and degree of sanction; the rules stipulating the liability for violation of information legislation are characterized by lack of systematic location in the Codes; information can be both the object and the means of offense; military personnel are subject to disciplinary action for committing certain administrative misconducts; disciplinary responsibility is deprived of the specification of all elements of offenses. It is concluded that such steps will help to improve the legal support of information relations and increase the effectiveness of legal influence.