LEGAL REGULATION OF LABOR RELATIONS OF SCIENTIFIC AND PEDAGOGICAL STAFF OF HIGHER EDUCATION INSTITUTIONS UNDER MARTIAL LAW IN UKRAINE

Abstract

The article provides a comprehensive analysis of the legal regulation of labor relations of academic and teaching staff of higher education institutions under martial law in Ukraine. The transformation of the legal status of academic and teaching staff under the influence of the martial law regime is examined, and key conflicts and gaps in the correlation between general labor legislation, special educational legislation, and wartime legislation are identified. It is substantiated that the current legal regulation model is unified in nature and does not take into account the specific features of academic labor functions, which leads to formal equality with factual inequality in the realization of labor rights. The problems of concluding and terminating employment contracts, working time regimes, distance work, remuneration, and employment guarantees under martial law are analyzed. Particular attention is paid to ensuring a balance between the military needs of the state and guarantees of labor rights of academic staff based on the principle of proportionality. Proposals for improving legislation are formulated, including the introduction of sectoral differentiation of legal regulation, defining valid reasons for absence from work, establishing a special regime for recording working time, and providing additional guarantees when concluding fixed-term employment contracts.