ДО ПИТАННЯ ПРАВОВОГО СТАТУСУ НАУКОВОГО ПРАЦІВНИКА ЯК СПЕЦІАЛЬНОГО СУБ’ЄКТА ТРУДОВОГО ПРАВА

Abstract

The article examines the peculiarities of the legal status of a scientific worker as a special subject of labor law. It is noted that scientific workers are endowed with a special legal status, which should be considered according to such basic elements as legal personality, rights and obligations, responsibility for improper performance of duties, legal guarantees for the exercise of rights. The specificity of their legal status is that it is regulated not only by general legislation, but also by special legislation. Thus, the main regulatory legal act that regulates labor relations with scientific workers is the Labor Code of Ukraine. Although its norms, which contain only general provisions, do not take into account the nature of relations with employees in the field of science. This explains the existence of a number of special legal acts, such as the Laws of Ukraine "On scientific and scientific and technical activities", "On higher education", etc., as well as numerous secondary legal acts. The legal status of scientific workers as participants in the scientific process should be considered as a set of rights, obligations and guarantees of their activity provided and guaranteed by the state, regulated by special norms, during their scientific activity. At the same time, the guarantees of the activities of scientific workers act simultaneously as an element of their legal status and a means of effective implementation of their powers, the provision of which allows the scientist to feel protected from any negative manifestations. The specificity of the legal status of scientific workers, which distinguishes them from employees in other fields, is that they go through a competition procedure to fill a vacant position; are subject to periodic attestation; are required to undergo periodic professional development and training, which acts as an effective mechanism for improving the professional training of scientific workers by deepening and expanding their professional knowledge, abilities and skills, and acquiring experience in performing additional tasks and responsibilities within the specialty.