担任学术职务的警官基本年假的期限

Оleksandr Kondratіuk
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摘要

在乌克兰,公共当局侵犯学术人员权利保障的现象呈持续趋势。根据高等教育机构的类型向学术人员提供不同期限的基本年假就是其中的一种违规行为。本研究旨在论证将学术人员基本年假的保障期限强制扩大到借调到高等院校任职的警官。科学研究的主要方法是系统分析和结构分析法,用于研究和总结科学来源,以及确定借调到高等院校任职的警官身份的法规;规范借调到高等院校具有特定学习条件的科研和教学人员的基本年假期限,同时保留在警察队伍中。借调警官的权利内容应主要由该雇员在主要工作地点直接履行的任务和职能来决定,这一立 场已得到证实。事实证明,《乌克兰国家警察法》中关于基本年假期限的规定适用于在警察机关和单位工作的警官。对于借调到具有特殊培训条件的高等院校并被任命为学术职务的警官,应根据乌克兰《高等教育法》、《教育法》和《休假法》,在适当考虑国家保障的情况下确定基本年假的期限。本研究的实际意义在于为规范借调至国家机关(组织)的警官基本年假期限提供法律依据。
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Duration of annual basic leave for police officers serving in academic positions
In Ukraine, a steady trend is observed whereby public authorities violate the guarantees of the rights of academic staff. Providing academic staff with annual basic leave with different durations depending on the type of higher education institution is one such violation. The research aims to substantiate the mandatory extension of the guarantee of the duration of annual basic leave for academic staff to police officers seconded to serve in higher education institutions. The key methods of scientific research are systematic and structural analysis, which were used to study and summarize scientific sources, as well as regulations which determine the status of a police officer seconded to a higher education institution; regulate the duration of annual basic leave for research and teaching staff seconded to higher education institutions with specific conditions of study while remaining in the police service. The position that the content of the rights of a seconded police officer should be determined primarily by the tasks and functions which the employee directly performs at the main place of work is substantiated. It is proved that the provision on the duration of annual basic leave established by the Law of Ukraine “On the National Police” applies to police officers serving in police bodies and units. Concerning police officers seconded to higher education institutions with specific training conditions and appointed to academic positions, the duration of annual basic leave should be set with due regard to state guarantees following the Laws of Ukraine “On Higher Education”, “On Education”, and “On Leaves”. The practical significance of the study is to substantiate the legal grounds for regulating the duration of annual basic leave for police officers seconded to state institutions (organisations).
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