State Guarantees for the Establishment of a Monthly Long-Service Allowance of Academic Staff to a Police Officer Seconded to a Higher Education Institution with Specific Training Conditions to Ensure the Educational Process

Abstract

The selective establishment of an allowance for pedagogical workers, depending on the subordination and type of educational institution in Ukraine, is a discriminatory attitude towards a certain category of persons who, having the appropriate scientific or teaching experience, provide the educational process without receiving state-guaranteed allowances for this. The study reveals the problem of violation of the right of pedagogical workers among police officers serving in institutions of higher education with specific training conditions to receive allowances for the length of service of an academic worker. It is established that such a supplement is not charged at all to police officers who carry out pedagogical and academic activities in higher education institutions of the Ministry of Internal Affairs of Ukraine. The purpose of the study is to substantiate the legality of establishing and mandatory payment of scientific surcharges to police officers sent to educational institutions to ensure the educational process. The key methods of research are systematic and structural analysis, which allowed generalising and analysing bylaws, legislative and departmental regulations on the establishment of a long-service allowance for an academic worker to persons involved in ensuring the educational process in educational institutions with double subordination. It is proved that the state guarantee regarding the obligation to establish a long-service allowance for an academic worker, which is provided for by the laws of Ukraine, applies to police officers who are sent to higher educational institutions for service in the positions of educational workers. It is proved that in relation to such police officers, it is the legislative provisions that are special, and not the provisions of bylaws, and therefore, bylaws cannot be applied in case of competition of legal norms. The implementation of legislative and departmental regulations on the state guarantee of the rights of academic workers in terms of calculating the long-service allowance of an academic worker to a police officer sent to a higher education institution for further service as a educational worker and enrolment in the teaching experience of a police officer of periods of work in the positions of pedagogical and academic workers would lead to the expected economic effect, namely, an increase in its monetary support by approximately 10-30% of the official salary established by the educational institution.