ДИФЕРЕНЦІАЦІЯ СЛУЖБОВИХ ТА ТРУДОВИХ ПРАВОВІДНОСИН ПЕНІТЕНЦІАРНОГО ПЕРСОНАЛУ УКРАЇНИ

Abstract

The article is devoted to studying legal field of regulation of the process of penitentiary staff in Ukraine service and employment. In current conditions of reforming the State Criminal and Executive Service of Ukraine, the issue of effective legal regulation of labor and service in penitentiary bodies and institutions of Ukraine attracts considerable attention. The issue of differentiation of service and labor relations of penitentiary personnel of Ukraine in modern conditions of constructive development of the State Criminal and Executive Service of Ukraine is examined in this research. In the course of the research the basic concepts are defined: official relations, service-labor relations of the personnel of the State Criminal and Executive Service of Ukraine. The normative-legal regulation of labor and service relations of the personnel of the State Criminal and Executive Service of Ukraine are studied. The peculiarities of appointment to the civil service and further passing of such service in the State Criminal and Executive Service of Ukraine are determined. Peculiarities of legal regulation of employees’ labor working in positions in the State Criminal and Executive Service of Ukraine under the employment agreement (contract) are considered. An analysis of the legal relations that the penitentiary staff face with in the process of service and work in the State Criminal and Executive Service of Ukraine. The article states that the normative legal acts regulating penitentiary personnel’s labor and service-labor relations do not distinguish clear boundaries of general and special legal regulation of service-labor relations. It is determined that the differentiation of penitentiary personnel’s service and labor relations allows not only to consider the service and labor relations of the staff comprehensively, but also to identify problematic issues and peculiarities of legal regulation of service and work of the above mentioned entities. Key words: personnel of the State Criminal and Executive Service of Ukraine, labor relations, labor, service, labor relations, law enforcement agencies, differentiation, employee, worker, civil servant.