Rozumiak R. Administrative and legal provision of the right of police officers to rest

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100021

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

09-02-2023

Specialized Academic Board

Д 11.737.02

Donetsk State University of Internal Affairs

Essay

The dissertation is devoted to the study of theoretical and practical problems of administrative and legal provision of the right of police officers to rest. It has been established that the right of police officers to rest, as a legal category, is a constituent element of the content of the social rights of police officers, which arise, change and terminate in the process of implementing intra-organizational administrative legal relations in the bodies (subdivisions) of the National Police of Ukraine. The concept of the mechanism of administrative and legal regulation in the sphere of ensuring the right of police officers to rest, as a system of administrative and legal and organizational and managerial means of influence on the participants of service and labor relations in the National Police bodies, aimed at the implementation, provision and protection of the right of police officers to rest, has been clarified. It has been proven that the regulatory legal protection of the right of police officers to rest is a system of legislative and sub-legislative legal acts, adopted by authorized subjects of public administration in the procedure established by law, which determine the procedure and conditions for exercising the right to rest for employees of the National Police of Ukraine. It was emphasized that even now the issues regarding the formation of special service legislation, aimed at regulating service-labor relations in the National Police bodies, under the condition that they cannot be regulated by the norms of labor law, remain unresolved. Proposals have been prepared regarding: regulatory and legal regulation of the mechanism for ensuring a flexible rest schedule for police officers; determination of legislative prerequisites for bringing the heads of the National Police bodies, as employers, to administrative liability on general grounds for violation of the right to rest, along with disciplinary liability; definition of the term "head of a territorial (interregional) police body", which is currently absent from the Law of Ukraine "On the National Police"; strengthening the disciplinary responsibility of heads of interregional territorial police bodies for violating the right of police officers to rest; defined criteria of "periodicity" and "payability" during the use of annual leave by police officers; introduction of the institute of service and labor arbitration in the bodies of the National Police, etc.

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