Omelianenko Y. The forms of social protection for employees of the Prosecutor’s Office of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100044

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

16-02-2023

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the disclosure of the content and features of forms of social protection for employees of the Prosecutor's Office of Ukraine. It also studies the problems of legal regulation of forms of social protection for employees of the Prosecutor's Office of Ukraine and the formulation of specific proposals to solve these problems. As an object of dissertation research, the social relations that arise in the process of social protection for employees of the Prosecutor's Office of Ukraine are determined. Within the framework of a general theoretical analysis of the social protection of employees of the Prosecutor's Office of Ukraine, the relevant employees are understood as a special object of social protection (these are prosecutors, civil servants without the status of a prosecutor, and employees who perform maintenance functions). The focus is on the definition of the conceptual framework (purposes, processes, functions) and legislative framework of social protection (relevant international law, regulatory acts, and subordinate regulatory legal acts) for employees of the Prosecutor's Office. The author formulates the definition of the concept of “Forms of social protection of employees of the Prosecutor's Office of Ukraine”, and defines the key features of such forms and their actual types, which are reflected in current legislation. As a matter of fact, the material form of social protection for employees of the Prosecutor's Office of Ukraine is a system that covers specific manifestations of such a provision, such as bonuses, supplemental payments, compensation, and remuneration. It is noted that today the material support of prosecutors is generally characterized by legal uncertainty (which contradicts the requirements of Part 1 of Article 81 of the Law of Ukraine of 2014 No. 1697.) This state of affairs causes multiple risks not only for the social security of prosecutors but also for the process of ensuring the independence of the Prosecutor's Office in Ukraine as a whole. Defining the main features and socio-legal significance of the pension form of social protection for employees of the Prosecutor's Office of Ukraine, the author emphasizes the inadequacy of the recent cancellation of special pensions for prosecutors. The inadmissibility of capping the size of prosecutors' pensions at maximum amounts is further brought to light. In particular, taking into account the current approach of the legislator to the pension provision of judges (and also the positions on this issue of the Constitutional Court of Ukraine), the analyzed approach of the legislator to the pension provision of prosecutors is interpreted by the author as unjustifiably discriminatory. The housing and household form of social protection for employees of the Prosecutor's Office of Ukraine today is reduced to the provision of office premises for employees of the prosecutor's office (e.g. expressed in the improvement of inadequate housing conditions for prosecutors), and the providing of material assistance to employees to solve their social and household issues. A special focus is placed on the fact that the health and recreational provision of employees of the Prosecutor's Office of Ukraine is not sufficiently complete. Firstly, this form of social protection is mainly reduced to the material form of social protection for employees. Secondly, the health and recreational provision of the prosecutor's office staff does not correspond to the real volume of risks to the life and health of employees associated with working in the prosecutor's office (this area of social protection is primarily concerned with providing free medical care to such employees). To solve this problem, it is proposed: to create a structural unit in the prosecutor's office, which will be responsible for ensuring the psychological climate in the team and the psychological stability of prosecutors; and to supplement the list of vacations of employees of the prosecutor's office with paid vacations to improve the psychological health of the employee. A generalization of the main topical problems of the legal regulation of forms of social protection of employees of the Prosecutor's Office of Ukraine leads to the identification of three directions for improving the mechanism of legal regulation of social protection of employees of the prosecutor's office: strategic and conceptual direction, legislative direction, and subordinate regulatory legal acts direction. In view of this, the author recommends, firstly, creating and approving a Strategy for ensuring the social protection of employees of the prosecutor's office until 2033.

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