SPECIAL LEGAL LABOR GUARANTEES OF SCIENTIFIC AND TEACHING EMPLOYEES OF HIGHER EDUCATION INSTITUTIONS

Abstract

The article describes the social and legal guarantees of work of scientific and pedagogical workers of higher education institutions. The aspects inherent in special legal guarantees of work of scientific and pedagogical workers are distinguished, in particular: the target feature, which is expressed in ensuring the unimpeded and effective exercise of the rights and responsibilities of participants in the educational process; material feature, which provides for the need for the formation of proper conditions of social and household support; a procedural feature aimed at regulating the conditions of participation of state and public bodies, enterprises, institutions, organizations and their officials, as well as citizens in the processes of interaction with scientific and pedagogical workers of higher education institutions in cases provided by law; Casual feature that is manifested in the functioning after the occurrence of legal facts, which is associated with the acquisition of the status of a scientific and pedagogical worker, until a certain, pre-provided result. It is emphasized that during the introduction of martial law in Ukraine to special-legal guarantees of work of scientific and pedagogical workers, those provided for internally displaced persons should be attributed. It is substantiated that: 1) special features of the guarantees of the work of scientific and pedagogical workers of higher education institutions are determined by: a) the special legal status of this category of employees; b) the specificity of legal consolidation of such guarantees; 2) Based on the current legal regulation of the guarantees of the work of scientific and pedagogical workers of educational institutions, it is advisable to distinguish the separation and special legal guarantees of the work of scientific and pedagogical workers of higher education institutions, which will act exclusively on this category of employees. It is substantiated that special-legal guarantees are objective by nature factors that affect the effectiveness of the activities of scientific and pedagogical workers and are contained in sectoral legislation. It is proved that in meaning to the guarantees of the work of scientific and pedagogical workers can be attributed to: abbreviated duration of working hours; determining the norms of the time of educational, methodological, scientific, organizational work by the institution of higher education; establishment of maximum training load on one rate of a scientific and pedagogical worker; The right of scientific-pedagogical, scientific and pedagogical staff of higher education institutions of all forms of ownership of: academic freedom, academic mobility for conducting professional activity, protection of professional honor and dignity, participation in the management of higher education institution, etc.). The legal act, which contains a reference for the presence of special regulation of pension provision of scientific and pedagogical workers. The expediency of making changes to the current legislation in terms of regulation of pension provision of scientific and pedagogical workers is substantiated By-laws are analyzed, which regulates special legal guarantees of work of scientific and pedagogical workers.