Guarantees of exercise of labor and social rights of employees of prosecutor's offices as an integral part of their legal status

Abstract

The article considers the mechanisms of realization of labor and social rights of prosecutors. The authors investigated that prosecutors are subject to both general labor legislation (norms of the Labor Code of Ukraine) and special ones established by the Law of Ukraine "On the Prosecutor's Office", which emphasizes the special legal status of these employees.
 Acquisition of legal status by prosecutors as subjects of labor law allows them to exercise their constitutional rights and responsibilities. These elements of the legal status of prosecutors should be considered in close connection with the employment relationship and social rights in which these prosecutors are involved. The authors found that an integral part of the legal status of prosecutors are guarantees of labor and social rights - legal norms that establish ways and means of ensuring the rights and freedoms of prosecutors, their protection and restoration during office and retirement.
 The study found that an important role in improving the legislation of Ukraine in the field of labor relations with prosecutors and their social rights are played by familiarity with international regulations (Conclusion of the Advisory Council of European Prosecutors № 9 (2014 (Rome Charter), Conclusion № 13 (2018) of the Advisory Council of European Prosecutors) which regulate labor and social guarantees for prosecutors. Problematic issues and gaps in the provisions of Ukrainian legislation in the field of labor and social security relations with prosecutors were investigated. The authors also developed ways to eliminate them by preserving existing and creating new norms that meet national characteristics. The importance of this study is that this system of government has a significant impact on the implementation of responsibilities for the protection of human rights and freedoms, the common interests of society and the state.