Settlement of scientific allowances for police officers seconded to higher education institutions

Abstract

The discriminatory attitude towards a certain category of professionals, namely, the establishment of research and teaching staff with different amounts of research allowances, depending on the subordination and type of educational institution in Ukraine, determined the necessity to find a basis for a fair settlement of this situation. The research aims to substantiate the establishment of legally determined amounts of research allowances for police officers seconded to higher education institutions under the authority of the Ministry of Internal Affairs of Ukraine. The key research methods used are systemic and structural analysis, which was used to study and summarise the legal acts establishing the number of research allowances for academic staff who directly provide educational and research processes in higher education institutions of dual subordination. The violation of guarantees of the research and teaching staff rights of police officers seconded to higher education institutions, in particular, the establishment of a lower amount of research allowances than provided for by current legislation, is described in the article. The author argues that the content of remuneration should be determined primarily by the tasks and functions performed by an employee directly, rather than indirectly. It is proved that the amounts of additional payments for academic degrees and academic ranks established in the by-laws of the Ministry of Internal Affairs and the National Police apply to all police officers who have been awarded academic degrees and academic ranks and who serve in the police. For police officers seconded to higher education institutions with specific study conditions, such additional payments should be established considering the state minimum guarantees following the Laws of Ukraine’s “On Higher Education” and “On Education”. The author proves that concerning the regulation of remuneration of the latter, it is the legislative provisions that are special, and not the provisions of departmental by-laws, and therefore, departmental by-laws should not be applied in the event of competition of legal norms. The research materials provide a theoretical and practical basis for resolving disputes regarding the determination of the number of scientific allowances for police officers.