Вісник Харківського національного університету внутрішніх справ (Dec 2023)
Legal regulation of relations connected to service in the Security Service of Ukraine
Abstract
The article examines the current state of legal regulation of service relations in the Security Service of Ukraine. Scientific positions of scholars on the social nature of service in law enforcement agencies and the degree of influence of labour and administrative law on service relations in them have been studied. The article defines the branch of law to which the relations of service in the Security Service of Ukraine belong. It has been substantiated that the labour law includes labour relations of servicemen and employees who have entered into an employment contract with the Security Service of Ukraine. The scope of administrative law includes relations related to the service of conscripts in the Security Service of Ukraine. Proposals for improving the legal regulation of labour and service relations in the Security Service of Ukraine have been developed. The author proves the expediency of establishing a clear procedure for legal regulation of labour and service relations of different categories of SSU personnel. It is proposed in the Law of Ukraine “On the Security Service of Ukraine”: 1) to supplement Chapter III with an article entitled: “Legal regulation of relations related to service by conscripts” and the following content: “Service by conscripts in the Security Service of Ukraine is carried out under the conditions and in procedures established by legislation for conscript servicemen of the Armed Forces of Ukraine, with features provided for by legislation for the Security Service of Ukraine”; 2) to state the name of the article 21 as follows: “Legal regulation of labour relations of employees who have concluded an employment contract with the Security Service of Ukraine” and the content in the following wording: “Labor relations of employees who have concluded a labor contract with the Security Service of Ukraine are regulated by the legislation of Ukraine on labour with the features provided by the legislation for the Security Service of Ukraine”; 3) to supplement with a section entitled: “Service by military service employees”, which provides for regulations regarding the regulation of all the main aspects of their service.
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