Nierepresyjne funkcje odpowiedzialności dyscyplinarnej a model postępowania w sprawach dyscyplinarnych
Non-Repressive Functions of Disciplinary Liability Vis-à-vis the Proceedings’ Model in Disciplinary Actions
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The following paper concerns in general the relations occurring between the functions of disciplinary liability and the model of proceedings in disciplinary actions. A wide context of this problem is the multiplicity of positions regarding affiliating disciplinary law to a certain legal branch. The views represented in that matter associating disciplinary law with the widely understood criminal law, or administrative law. However, due to its specific features it was considered as independent as well. The argument for the latter is, for example, the fact that disciplinary responsibility has not only a repressive function, but also a protective and integrative one. It may be seen in many characteristic constructs of disciplinary law, i.e,. indeterminacy of disciplinary responsibility`s premises, the notion of disciplinary violation, wide discretion in measuring disciplinary punishments, the autonomy given to bodies of disciplinary law and the model of proceedings itself.
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