ГАРАНТІЇ ПРОКУРОРІВ ПРИ ПРИПИНЕННІ ТРУДОВОГО ДОГОВОРУ: ПРАВОВА ВИЗНАЧЕНІСТЬ

Abstract

The problematic aspects of the practical implementation of the provisions of the legislation, which regulate the guarantees of employees upon termination of the employment contract, are highlighted. These issues are investigated in the aspect of its application to prosecutors during the staff reform of the Public Prosecutor's Office as the embodiment of priority measures for the reform of this institution at the current stage. The purpose of the scientific article is to establish the problematic aspects of the legislative consolidation of guarantees of prosecutors upon termination of an employment contract under labor and special legislation and the practice of its application in the process of staffing the prosecutor's office as well as formulating proposals for their solution. To achieve this goal, formal-logical, systematic, hermeneutic, comparative-legal and analytical methods of scientific research were used. It has been established that the current stage of reforming the Public Prosecutor's Office in Ukraine is a continuation of its earlier reform as an institution is focused on the needs of society and the state. The priority direction of such reform is determined by the need to eliminate gaps in normative legal acts in order to improve the implementation of constitutional powers by prosecutors. At the same time, the issue of staffing the prosecutor's office remains relevant, considering that within a short period of time, significant changes have occurred twice in such a component of the mechanism for monitoring the success of this reform as personal responsibility for the implementation of its provisions. It was established that in the absence of a legal position of a court of constitutional jurisdiction in the matter of the constitutionality of priority measures to reform the prosecutor's bodies, the problematic aspects of personnel overloading of the Public Prosecutor's Office are resolved in the legal positions of the Supreme Court and in the Decisions of the Constitutional Court of Ukraine on constitutional complaints of interested subjects regarding the extension to prosecutors of the legal guarantees provided for The Labor Code of Ukraine upon termination of an employee's employment contract. The provisions of the legislation and the corresponding judicial practice in the field of special application of the guarantees provided by labor legislation to prosecutors upon termination of the employment contract are analyzed. It was established that the special Law of Ukraine "On the Public Prosecutor's Office" defines an exclusive list of cases when the norms of the Labor Code of Ukraine are not applied to the legal relationship regarding the dismissal of prosecutors. It is argued that despite the fact that the form of a personal notice to an employee about the next dismissal is not defined by legislation, such a notice can be considered to be personal if it contains data relating to a specific, individual person, that is, it contains personal data. It is proposed, in a systematic connection with the provisions of the legislation on the protection of personal data, to qualify a notice about the subsequent dismissal of an employee as personally issued, provided that the content of the information contained in it meets the criterion of "personality", that is, the possibility of identifying the person to whom it relates.