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ОКРЕМІ КРИТЕРІЇ ДИФЕРЕНЦІАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН ПРАЦІВНИКІВ ПРОКУРАТУРИ УКРАЇНИ
Lashutin S. O.
eKNUTSHIR17 Apr 2024Open access
ОКРЕМІ КРИТЕРІЇ ДИФЕРЕНЦІАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН ПРАЦІВНИКІВ ПРОКУРАТУРИ УКРАЇНИ
Lashutin S. O. · eKNUTSHIR · 17 Apr 2024
Abstract
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By highlighting the criteria for differentiating the labor relations of the employees of the Prosecutor's Office of Ukraine, it becomes possible to obtain a scientific and theoretical toolkit for specifying the material, clarifying the directions and areas of establishing additional guarantees or restrictions in the labor-legal status of the specified category of employees, and in general, for revealing the essence and legal nature differentiation of labor law in general. The purpose of the article is to single out the criteria for differentiation of the legal regulation of labor relations of employees of the prosecutor's office. The article highlights the reasoning of scientists regarding the understanding of the essence of the differentiation of legal regulation of labor relations in general, as well as different conceptual visions regarding the identification of criteria for the differentiation of such legal regulation. It is noted that the most generally accepted in scientific doctrine is the approach, which distinguishes objective and subjective criteria for differentiation of legal regulation of labor relations. It is emphasized that the criteria for differentiating the labor relations of prosecutor's office employees make up a complex structure and largely depend on the category of prosecutor's office employees in respect of whom such differentiation is carried out. It is proposed to distinguish levels of differentiation: the level of secondary specialization (for civil servants of prosecutor's offices); high specialization (for prosecutors of prosecutor's offices) and highest specialization (for heads of prosecutor's offices and their deputies). It is also proposed to consider the following criteria for differentiation of the legal regulation of labor relations of prosecutors: by the field in which special norms regarding the legal regulation of labor relations of prosecutors are established; according to the direction of the content of the specialized legal regulation of labor relations; depending on the position held; according to the legal force of the act, which defines special norms of differentiation of labor relations. It is also noted that along with the criteria and levels of differentiation of labor relations of prosecutor's office employees, it is expedient to distinguish the directions of differentiation of legal regulation of labor relations of prosecutor's office employees: general differentiation (carried out according to established and generally accepted criteria in labor legislation: objective and subjective) and special (carried out taking into account the special criteria that are followed in view of the specifics of the administrative and legal status of the employees of the prosecutor's office).
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- NI6P091W444R172S541
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- Published
- 17 Apr 2024
- Language
- UK