Labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine and its peculiarities
Abstract
The relevance and necessity of analyzing and thoroughly researching the issue of legal regulation of aviation personnel’s labor in the system of the Ministry of Internal Affairs of Ukraine is due to the specific focus of aviation personnel’s labor activity, unlike other mass professions and specialties, the use of sources of the increased danger, the strenuous nature of work, and various external conditions under which the labor function is realized, as well as the availability of proper health conditions defined by standards and requirements, mandatory certification and admission of aviation personnel to activities in the aviation industry, the mandatory certification and admission of aviation personnel to activities in the aviation industry, and the performance by aviation personnel, along with their professional duties, of a law enforcement function aimed at ensuring and maintaining order in the State and society, and increasing the country’s defense capability. Therefore, the solution of problems arising within the framework of labor relations in the field of aviation is one of the important components of the analysis of the labor and legal status of aviation personnel in the aviation component of the Ministry of Internal Affairs system.
Based on the analysis of scientific views of scholars, it has been examined theoretical approaches to the definition of the concepts of “status”, “social status”, “legal status”, “labor legal personality”, and elements of the employee’s labor and legal status; based on the analysis of regulations, the author has examined the requirements for aviation personnel. It has been determined the peculiarities of the labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine: aviation orientation of the labor function; compliance with the qualification requirements on a professional basis, which involves mastering knowledge in the aviation industry, practical preparedness and training of flight personnel, special requirements regarding age, health status of a person, and proper knowledge of a foreign language; mandatory certification and admission of aviation personnel to aviation activities in accordance with the aviation rules of Ukraine, availability of a duly issued certificate; regulation of the labor status of aviation personnel by both general and special rules; performance of law enforcement functions by aviation personnel in the system of the Ministry of Internal Affairs of Ukraine aimed at realization of the interests of the state extremely important for the protection of law and order and security in the state and society; special regulation of working hours, rest periods, responsibilities, and guarantees that contribute to the stability of labor relations. Considering the established features, it has beendefined the labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine.
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