Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public servants for material damage caused are (...) analysed. The authors of the article study the conditions for the application of the material liability and identify the main circumstances that must be determined in applying this type of legal compulsion. Furthermore, the authors investigate the relation between the material and disciplinary liabilities, study the limits of the application of labour law norms (that regulate material liability of employees) and civil law norms (regulating personal civil liability) in professional legal relations, identify the means and procedure for solving disputes arising in the application of the material liability. Practical mistakes in the application of the material liability of public servants and violations are analysed on the basis of a rather sparse case-law of the Supreme Administrative Court of Lithuania related to the material liability. (shrink)

There are two types of responsibilities of civil service enshrined in the Law of the Republic of Lithuania on the Civil Service – disciplinary and material liability. Disciplinary liability is the structural part of the Lithuanian civil service. It directly impacts the frame of the civil service, improves the image and gives people’s trust. That is the main reason to analyse the legal base and the practical application of the disciplinary liability in analytical-critical way. The article deals with the theoretical (...) and practical aspects of the responsibility of civil servants. This article also covers the peculiarities of the concept of disciplinary liability in order to reveal the procedural grounds of application of this kind of liability and the consequences for the status of a civil servant. The authors also analyse practical situations of demarcation between disciplinary and administrative liabilities. One part of the article is devoted to the analysis of procedural application of the disciplinary liability issues. The main goal of the article is to discuss problematic aspects of executing stage. The authors of the article come to the conclusion that there are two types of civil servant liabilities laid down in the Law – disciplinary and material liability. Taking into account the results of the analysis, it must be stated that the same things are defined differently in the legal acts. Disciplinary liability must be applied to civil servants and to public officers, whereas other kinds of liability must be applied to persons working on the basis of contracts. Moreover, the authors of the article draw the conclusion that the procedural mistakes made while applying disciplinary liability cannot fully eliminate the results of punishment. Here it must be clarified whether the rights of a civil servant were not restricted and whether the impartiality of the disciplinary inspection was guaranteed. That kind of analysis of procedural mistakes allows us estimating their status and the ultimate impact on the legality of disciplinary liability. (shrink)