Legal regulation of researchers’ labor in Ukraine and the European Union regarding the development of research infrastructures

Abstract

Problem setting. The world recognizes the impact of science and innovation on the socio-economic and political development of the state and society, and therefore pays attention to researchers as subjects of scientific and scientific and technical activities. Despite numerous international documents adopted in the field of science, the development of European research policies and programs in the European Union, the issue of regulating the labor relations of scientists with research infrastructures in the European Union remains relevant. Analyses of recent researches and publications. Certain aspects of legal support of labor relations of scientists in Ukraine were considered by Barabash H.O. (peculiarities of legal regulation of labor of scientists and its improvement), Yushko A.M. (peculiarities of organization of labor of scientific workers and its remuneration in the context of reforming the legislation on scientific and scientific and technical activities), Yaroshenko O.M., Vapnyarchuk N.M. (ensuring decent work of scientists, decent and fair remuneration of scientists). With regard to the principles of regulation of the work of scientists in the European Union and the world, we note the publications of V. Kokhan (issues of legal support for the mobility of researchers in the EU, features of employment of researchers in the EU). Purpose of research is to provide an overview of the legal regulation of research activities of scientists in the European Union and Ukraine, and to identify and compare the levels of legal regulation of labor relations of European researchers between them and research infrastructures and labor relations of researchers in Ukraine Article’s main body. The legal regulation of labor relations of researchers in Ukraine can be divided into: the international level of legal regulation, national level of legal regulation general and special legislation that regulates the work of researchers and its peculiarities; local level of legal regulation local acts of scientific institutions adopted on the basis of current legislation within their competence/ The legal regulation of labor relations of researchers with research infrastructures in Europe should also be studied by the level of legal support and can be divided into several levels of regulatory support: international, European, national and local. It seems that the labor relations of scientists with research infrastructures at the local level have proper legal regulation, and perhaps the most detailed among other levels of legal support. Conclusions and prospects for the development. We can conclude, that legal regulation of labor relations of scientists with research infrastructures in the European Union is highly detailed at several levels of regulatory support: international, European, national and local. In Ukraine, a multi-level structure of regulatory support for the labor of scientists is also traced, in which international, national and local elements of legal regulation are distinguished. It is noted that the international level of legal regulation of researchers’ work in the European Union and Ukraine is the same, since international standards in the field of research are mandatory for Member States. At the same time, local legal support for research activities is more developed in the European Union than in Ukraine, as local rulemaking by Ukrainian research institutions is limited by law, and local acts cannot change the norms of higher-level acts. In the European Union, research infrastructures can independently regulate relations with employees, including scientists, without reference to national legislation, due to the international nature of research infrastructures created by several member states and operating in several countries, respectively.