Legal guarantees for scientific and pedagogical workers containing status of internally displaced person

Shulzhenko, Ihor and Шульженко, Ігор Владиславович and Шульженко, Игорь Владиславович (2020) Legal guarantees for scientific and pedagogical workers containing status of internally displaced person. Вісник Луганського державного університету внутрішніх справ імені Е.О. Дідоренка (40). pp. 133-140. ISSN 2524-0323

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Abstract

The purpose of the article is investigation of the problem of implementation and effectiveness of legal guarantees in the field of social and labor relations, which are granted to scientific and pedagogical workers who have the status of internally displaced persons. The article is devoted to the problems of implementation and effectiveness of legal guarantees, which are provided to scientific and pedagogical workers who have the status of internally displaced persons. The author substantiates and analyzes the effectiveness of privileges and benefits provided to scientific and pedagogical workers who have the status of an internally displaced person in the occurrence, change and termination of labor and socio-legal relations. Although the scientific literature contains publications on the legal protection of internally displaced persons, there is currently a relatively small number of studies in the field of labor law and social protection law, which would comprehensively cover the problem of completeness and effectiveness of legal guarantees provided to research and teaching staff. having the legal status of an internally displaced person. The decision of the tasks was carried out by means of the use of such methods as analysis and generalization of scientific, popular scientific literature and normative legal acts which grant privileges and benefits to the scientific and pedagogical workers who have the status of an internally displaced person. The author proposes to make certain changes and additions to the current legislation, which regulates the legal relationship in the field of providing social work guarantees to scientific and pedagogical workers who have the status of internally displaced persons. Paragraph 1 of clause 6 of the Resolution of the Cabinet of Ministers No. 505 dated 10/01/2014 should read as follows: "There is no monetary benefit in the event that any of the family members owns a living space (part of the living space), which, in its area, suitable for living (at the rate of 13.65 square meters per person) located in other regions than temporarily occupied territories. Supplement art. 42-1 of the Labor Code, part two of the following sentence: "An employee who was compelled to resign from work as a result, or in order to avoid the negative consequences of an armed conflict or an anthropogenic nature and has the status of an internally displaced person, has a pre-emptive right to conclude an employment contract in the event of a return decision work on the restoration of Ukraine control over the territory where the place of work of such an employee is located». The practical value of the article is to substantiate and analyze the social and legal guarantees provided to internally displaced persons working in higher education institutions, as well as to make proposals to improve the social and legal protection of internally displaced persons.

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