Year: 2025
Type: article
Abstract: The article is devoted to the analysis of the legal statuses of individuals - subjects of scientific and scientific-technical activity. The opinion is defended that the differences of these statuses are based on differences in legal personality and rights and obligations in their content and volume. It is substantiated that individuals - subjects of scientific and scientific-technical activity have a single general legal statute, legal personality in this status is characterized by the minimum required skill level in the profession. As a rule, it is a master’s degree (specialist), which certifies the ability to perform initial (primary, simple) work in the field of science in the ordinary sense of scientific, scientific-technical activity. Depending on the types of subjects, the statuses acquire a special character. Special legal statuses can be: 1) temporary, 2) fixed-term and 3) lifelong. This division is determined by the types of relationships in which the subject realizes its abilities for scientific and/or scientific and technical activities. Special legal personality by the level of scientific qualification can have a significant importance for entering into employment relations for the positions of a scientific, scientific and pedagogical worker or scientific consultant. For a doctoral student, the 8th qualification level is a necessary prerequisite for entering doctoral studies. Rights and obligations in special legal statuses are supplemented by a set of rights and obligations inherent in professional legal status, labor and/or educational legal statuses, social and legal status and are distinguished by a more specific range of corresponding rights and obligations compared to general legal status. The legal status of a scientist belongs exclusively to individuals who have documentary evidence of at least the 8th qualification level – PhD in Philosophy/Doctor of Arts (Candidate of Sciences). Specific individuals have an individual legal status, which is a unique combination of its subjective rights and legal obligations in accordance with the legal personality of the person. It is proposed to supplement the Law of Ukraine «On Scientific and Scientific-Technical Activities» with a definition of the concept of scientific qualification.
Author: O. Ie. Kostyuchenko
Institution: National Academy of Legal Sciences of Ukraine
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415208773
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