Recalling a Police Officer from Leave: Problems of Legislation and Practice
The peculiarities of the procedure for recalling police officers from annual leave have been studied. The problems of legal regulation of this institution of labor law have been singled out. It has been noted that the annual leave of a police officer is divided into a basic leave, which may not be less than thirty calendar days, and an additional leave, the duration of which may not exceed fifteen days. It has been noted that the legislator did not provide a mechanism for recalling a police officer from annual leave.
The author has analyzed specific features of the procedure for recalling some special categories of employees from leave. A comparative analysis of legal regulation of recalling a police officer, a serviceman and a state official from leave has been carried out. Gaps in the problem of legal regulation of the procedure for recalling a police officer from annual leave have been highlighted.
It has been found out that the provisions of the Law of Ukraine “On the National Police” on recalling a police officer from annual basic and annual additional leave have gaps in this regard and need further improvement.
The study is focused on resolving practical problematic aspects of the protection of constitutional, labor rights of police officers as a party to employment relations and improving special legislation on this issue, which includes the Law of Ukraine “On the National Police”.
Shcherbyna V.I., 2004. Theoretical problems of the protective function of labor law within market relations [Teoretychni problemy okhoronnoi funktsii trudovoho prava v umovakh rynkovykh vidnosyn]. Dnipropetrovsk: Akademiia mytnoi sluzhby Ukrainy.
Drozd O.Yu. and Shrub I.V., 2015. Duration of the annual leave of a police officer and the procedure for its calculation [Tryvalist shchorichnoi vidpustky politseiskoho ta poriadok yii obchyslennia]. Vìsnik Černìvecʹkogo fakulʹtetu Nacìonalʹnogo unìversitetu «Odesʹka ûridična akademìâ» – Visnik Chernivtsi Faculty of National university “Odessa Law Academy”, Iss. 4, pp. 78-88.
Drozd O.Yu., 2016. Comparative and legal analysis of ensuring the right of police officers and militia officers to leave [Porivnialno-pravovyi analiz zabezpechennia prava pratsivnykiv politsii ta pratsivnykiv militsii na vidpustky]. Naukovij vìsnik Hersonsʹkogo deržavnogo unìversitetu. Serìâ Ûridičnì nauki – Scientific Herald of Kherson State University, Iss. 1, Vol. 2, pp. 143-147.
Chornous O.V., 2017. The right of a police officer to annual leave and the state of its implementation in modern Ukraine [Pravo pratsivnyka politsii na shchorichni vidpustky ta stan ioho realizatsii v suchasnii Ukraini]. In: Zhernakov V.V. (ed.) Current issues of improving labor and social security legislation [Aktualni pytannia udoskonalennia zakonodavstva pro pratsiu ta sotsialne zabezpechennia]. Kharkiv: 29 September. Kharkiv: Pravo. Pp. 198-202.
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