Problems of providing constitutional rights of human and citizens on recreation in Ukraine

Abstract

In the article the problems of ensuring the constitutional right of man and citizen to rest in Ukraine are analyzed. The contents of each of the following issues have been identified. Justified how legislative gaps affect practice. Clear and well-reasoned suggestions are made to address these issues. It is emphasized that in the conditions of martial law and state of emergency the exercise of the right to rest may be restricted, but it is at the level of the Constitution of Ukraine that the limits of such restriction should be specified or the obligation of legislative regulation of the issue determined. In addressing the issue of maximum load, it is important to take into account not only the achievement of the result, but also the harm to health and its equal distribution among all employees. It is worth emphasizing the obligation of the employer and the state authorities to ensure and control the observance of equal workload and responsibility, both disciplinary and material for its non-compliance. The relationship between the right to rest and other constitutional rights has been identified. However, it is important to differentiate them, since caring for a child, even though he or she needs to be released from work, cannot be considered a holiday. With regard to the provision of vacations, breaks and weekends, it may, in the first place, be implemented through the establishment of working time restrictions and the determination of duration of rest. Within the framework of constitutional regulation, it is only necessary to establish the direction and principles, not only the list of forms of implementation. Another problem is the lack of detail in the legal regulation of night time restrictions on daylight saving time, as the actual working time changes. It also requires adjusting holidays and weekends. It has been established that the constitutional right to an employee's leave and the corresponding employer's duty are defined at the legislative level, but the guarantees of its implementation are insufficient. This situation is associated with the existence of significant loopholes and conflicts of law, which give rise to the following problems in ensuring the constitutional right of the person and the citizen to rest: the existence of discrimination on religion; lack of principles for restriction of the right to rest; gaps in the powers of trade unions.