This dissertation presents a theoretical synthesis and a novel solution to a scientific task, which involves defining the essence and revealing the peculiarities of the legal regulation of police working hours. It also includes recommendations and proposals for improving the norms of both general and special labor legislation in the relevant sphere.
It is elucidated that the legal regulation of police working hours is carried out through legal norms that govern and organize the impact of the law on social relations arising from the distribution and use of working hours of the researched category of workers. This is done with the aim of ensuring and protecting their rights, freedoms, and legitimate interests, as well as the rational and efficient utilization of their labor potential.
It is argued that the working (service) hours of the police encompass, firstly, the actual, normatively determined duration of the work activities of police officers, divided into specific time intervals within which they execute the responsibilities mandated by the legislation of Ukraine. Secondly, it involves a set of social relations associated with the allocation and regulation of the time period during which police officers implement the duties and functions assigned to them by the legislation of Ukraine and their appointed positions.
Emphasis is placed on the fact that the "irregular schedule" encompasses all cases of overtime work (service) by police officers, which objectively do not fall under the definition of night duty, holidays, and weekends. This includes, for example, minor overtime and delays at work due to a complex operational situation. An example of this could be the work of police officers during the implementation of an enhanced mode of service activities.
It is proposed to distinguish the following types of police working hours: 1) regular (official) working hours of general duration; 2) overtime work (night shifts, work on holidays and weekends; irregular shift work); 3) shift work.
It has been demonstrated that the sources of legal regulation of police working hours comprise a set of legal norms that regulate the norms governing social relations arising in the context of the organization, systematization, and regulation of the time period during which police officers carry out their responsibilities as mandated by the legislation of Ukraine and their appointed positions.
It is noted that the sources of legal regulation of police service and labor activities consist of a large number of legal norms of various legal force. At the same time, it is emphasized that the key role in the system of relevant sources belongs to the norms of labor law. These norms, first, determine general guarantees for the work of police officers; second, specify general requirements for the regulation of working hours for all categories of workers, including police officers; third, establish the principles of legal liability for the violation of the rights and freedoms of police officers in the context of establishing their working hours; fourth, provide guarantees and compensation for overtime work.
Attention is focused on the principle of continuity, which establishes a priority for ensuring the rights and freedoms of individuals and citizens, as well as the performance of other tasks assigned to the National Police, over the general, normal process of police work. In other words, legislative permission is given for the deformation of the labor process, including the normal duration of working hours, when it is necessary to achieve qualitative and targeted implementation of tasks and functions of the National Police within the standard set time frame.
In summary, it is generalized that today, taking into account the provisions of the Ukrainian departmental legislation on the activities of the police, the organizational and legal principles for establishing the working hours of police officers include: first, the principle of continuity of the activities of the National Police of Ukraine; second, the general structure of the police; third, the special managerial authority of the heads of police units and departments; fourth, the powers of the police in the implementation of specific tasks in the law enforcement sector of the state, including the fight against crime and ensuring public safety and order.
It has been noted that the modern system of legal regulation of deviations from the normal working hours of police officers has significant drawbacks, the main ones being: firstly, the lack of clarity in the departmental legal framework regarding the mechanism of overtime work for police officers and its maximum limits; secondly, the possibility of regulating such deviations at the local level through legal acts of the heads of the units and departments of the National Police of Ukraine.
