Vasylyeva V. Legal regulation of work of elected employees

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100021

Applicant for

Specialization

  • 081 - Право. Право

16-01-2023

Specialized Academic Board

ДФ 26.001.358

Taras Shevchenko National University of Kyiv

Essay

Historical prerequisites for understanding the concept of an official were established in the dissertation, reduced to the following interpretations: 1) the period of the end of the 19th and the beginning of the 20th centuries. - where, officials included all persons who held positions in state bodies, including support staff; 2) the first half of the 20th century. The researched concept was identified with the head of one or another institution, body; 3) the specifics of the legal status of certain categories of civil servants, primarily related to their exercise of state-authority powers, established special criteria and characteristics, thanks to which the concept of "official" was defined (who perform operational-administrative and administrative-economic functions); 4) : a) employees who perform exclusively economic and technical work or functions of auxiliary economic service (auxiliary technical personnel); b) managerial and operational employees who perform functions of an administrative and managerial nature, the implementation of which is connected with the issuance of management acts aimed at the onset of legal consequences (officials in the narrow sense of this word). The concept of "official" has been singled out under the official person, which is best understood as an employee, a professional manager, who performs the functions of a manager (of an enterprise, institution, organization or individual divisions thereof) on a fixed-term, temporary basis or with a special authority, management, control functions based on an employment contract (contract), which creates an opportunity to cause legal consequences for other employees by making decisions and exercising power. Signs of an elected employee: the work of such employees expresses the political interests and relations existing in this society; 2) in most of them, employees have certain authority; 3) For the work of the investigated employees, by the way, it is not uncommon for the absence of such a feature as the performance of a certain degree of work (The reason for this is the peculiarities of their working hours because most of them are subject to irregular working hours) It was established that the characteristics of employees "similar to" employees are that: 1) their work function is aimed at ensuring and achieving benefits for the entire society and the state, and not the employer or their own interest, that is, the positive result of their work is not interested in the body with which he entered labor relations, and the state and society as a whole; 2) the presence of an administrative-legal status, which means that their labor function by its nature has a state-authority character. In other words, when concluding an employment contract, employees "similar to" hired employees acquire not only labor law status, but also social and governmental powers, that is, they also perform complex functions; 3) their activities are often related to the realization of political interests. It is emphasized that it seems possible to define the work of elected employees as a special type of labor activity, considering this, the specifics of the terms of the employment contract concluded with such an employee should be based both on the general norms of labor legislation and also be determined by the norms of special legislation. The question of the form of such a contract is unclear at the legislative level and in professional legal literature, however, in reality, it is the oral form that prevails.

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