CONCEPT AND CHARACTERISTICS OF A CRITICAL INFRASTRUCTURE WORKER IN UKRAINE

Abstract

This article focuses on elucidating the concept of a 'critical infrastructure worker'. Through a critical analysis of both scientific literature and current legislative norms, the author has formulated a definition of the concept of 'worker'. Building upon this, the definition of a 'critical infrastructure worker' has been further refined. A 'critical infrastructure worker' is defined as an individual who, having exercised their right to work under an agreement, enters into an employment relationship where they perform labour duties at critical infrastructure facilities (or externally, whilst supporting the functioning of the critical infrastructure), in return for remuneration. The employer in this context is the relevant entity overseeing the critical infrastructure, responsible for directing the work of the said employee. Critical infrastructure workers in Ukraine can generally be categorised by three types of characteristics: general, special, and particular. The general characteristics of critical infrastructure workers notably include: possessing legal status within their professional roles; engaging in voluntary labour relations; experiencing restrictions on personal autonomy and freedom due to being under the employer's disciplinary authority; and having access to specific social rights as employees, among others. The primary distinguishing feature of a critical infrastructure worker is their place of work, which is recognised as an object of critical infrastructure as defined in clause 13, part 1, Article 1 of the Law of Ukraine 'On Critical Infrastructure'. Particular characteristics of critical infrastructure workers include: heightened vulnerability to threats associated with the operation of critical infrastructure facilities while performing work duties; more rigorous professional requirements and personal qualities expected of individuals seeking to exercise their right to work at such facilities; and labour responsibilities that may entail direct work under conditions posing real risks to the worker’s life and health, among others. The article concludes with a summary of the research findings.