The dissertation clarifies the guarantees of the right to rest realisation in accordance with Art. 45 of the Constitution of Ukraine. The feature of this right is determined, in connection with the need to establish the basic bases concerning the restoration of health, physical and mental abilities of employees. In view of the wording «everyone who works» the number of persons who are entitled to claim for its realization is defined and it covers all workers in employment relationships, persons, who works under civil contracts and other persons, who perform a paid work. The foreign legislation in this field is analyzed and parallels with national legislation are drawn. The importance of following to the principle of equality in the right to rest has been emphasized, as the problem of gender inequality, which is extremely relevant in our time. The sociological aspect of the right to rest in this sphere has been investigated. A systematic analysis of the regulatory legal acts that provide legislative support for the right to rest has been conducted. A list of regulatory legal acts that ensure the legal provision of the right to rest is presented, taking into account the practice of the Constitutional Court of Ukraine, the provisions of the Labor Code of Ukraine, and the opinions of leading scholars in the field of labor law. The practice of the European Court of Human Rights regarding the protection of workers' rights to rest, as provided by the Convention for the Protection of Human Rights and Fundamental Freedoms, is reflected. An analysis of the ILO conventions ratified by Ukraine concerning rest time is provided, and the necessity for the implementation of several important conventions into Ukrainian legislation is highlighted. The so-called concept of refusal "opt-out" is considered, which means a deviation from the standard of the duration of working hours in agreement with employees, that is, the possibility to adjust the duration of working hours in view of the interests of the employee and the type of work performed. The standards in the field of implementation of the rights to rest of certain categories of workers contained in the ILO conventions, directives and regulations were analyzed. The norm of the duration of working hours, enshrined in the Code of Labor Laws of Ukraine, was studied in comparison with international legal acts, in particular the Conventions of the International Labor Organization, the European Social Charter, the Charter of Fundamental Rights of the European Union and others. Ensuring the right to rest by observing the working time regime is considered and the importance of its legitimate definition and delineation of the main elements of this legal category is emphasized. General and special regimes of working hours and their legal characteristics are considered. The definition of leave is given, its types and the state of regulatory and legal support are analyzed, in particular, in the norms of the Constitution of Ukraine. In order to strengthen the level of guarantee of this type of rest time, the use of the term "annual paid leave" is substantiated, emphasizing the mandatory payment and regularity of its provision. The origin of the right to vacation of an employee who is in labor relations has been studied, and the conditions for its implementation have been indicated, primarily if there is the necessary work experience for this. An analysis of the scientific literature on the characteristics of annual paid leaves was carried out. It is proposed to distinguish two groups of features that will collectively characterize this form of rest time: basic, which are inherent in all types of vacations, and special. The need to provide annual paid leaves for an optimal combination of working and non-working time has been proven. The procedure for granting leaves was considered, in particular, regarding the agreement on the terms of their granting, which should be agreed upon by prior agreement between the employer and the employee. Proposals have been made to improve the legal regulation of annual basic and additional paid leaves based on the analysis of regulatory acts in this area.
