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INSTITUTE OF LEGAL PROTECTION OF LABOR RIGHTS IN UKRAINE: GENESIS AND CURRENT STATE
Corresponding Author(s) : Olena S. Boieva
Humanities & Social Sciences Reviews,
Vol. 7 No. 5 (2019): September
Abstract
Purpose: The explored issue seems to be urgent because the efficiency and accessibility of the system of social rights, especially to work and other related rights, become important among priorities of implementation of modern judicial and legal reform in Ukraine. The article is devoted to issues of formation and establishment of the institute of legal protection of labor rights by its separation at the legislative and law-enforcement level from the institute of labor rights protection which is bigger by scope and content. It is noted that knowing the genesis of the institute of legal protection of labor rights in Ukraine is an important step to improve the effectiveness of labor rights protection.
Methodology: General scientific research methods (the formalization, the analysis, and the modeling) and special-legal approaches (the historical and legal, the comparative and legal as well as the state legal modeling) are used.
Result: The need for the allocation of the industrial law legal assistance institute at a legislative and enforcement levels in the Ukrainian system of law is theoretically based. It is proved that such an allocation may be especially useful in practice while industrial dispute resolutions the standardization of which in Ukrainian legislation is insufficiently elaborated. It has been offered to make alterations in a current (or in a new draft) Labor Code of Ukraine, first of all, in the part of the number increase of legislative grounds for the reference to the court on the issue of industrial disputes.
Applications: The normative changes in the Labor Code of Ukraine offered by the author may be used by the domestic entities of the legislative leadership as well as by theorists in the sphere of labor code and by the management of the trade union associations as a basis for the preparation of corresponding drafts.
Novelty/Originality: The historical and legal genesis research of the industrial law legal assistance institute as an independent subject of the industrial law theory with the allocation and justification of its development periods in the history of domestic legal thought was carried out first in Ukrainian science literature. There were also elaborated, formed and theoretically confirmed the specific proposals on the normative changes in the Labor Code of Ukraine in the part of the individual and collective industrial disputed resolutions by means of the offered legal instruments of the industrial law legal assistance institute.
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- Bolotina, N.B. (2006). Labor Law of Ukraine. Kharkov: Znanie.
- Bolotina, N.B., and Chanysheva, G.I. (2001). Labor Law of Ukraine. Kharkov: T-"Knowledge".
- Busel, V.T. (2004). Great explanatory dictionary of contemporary Ukrainian language. Kharkov: Irpin VTF "Perun".
- Dogadov, V.M. (1949). Stages of development of Soviet Labor Law.LSU Scientific notes. Series of legal sciences, 107: 113-172.
- Hetmantseva, N.D., and Kozub, I.T. (2009). Means, methods and forms of protection of labor rights. Advocat, 11(110): 37-42.
- Inshin, M. (1998). Concerning the legal provision of the right to labor under mass labor force exemption. The Law of Ukraine, 3: 77-78.
- Khokhlov, E.B. (2000). Essays on the history of legal regulation of labor in Russia. St. Petersburg: St. Petersburg State University.
- Khutoryan, N. (1992). Development of labor relations in market conditions. The Law of Ukraine, 8: 6-15.
- Kiselev, I.Ya. (2001). Labor law of Russia. Historical and legal research. Moscow: Norma.
- Lavrinchuk, I. (2001). Procedural provision of labor rights in Ukraine. The Law of Ukraine, 1: 72-87.
- Laws of Ukraine. (1971). Code of Labor Laws of Ukraine of December 10, 1971 No. 322-VIII. URL: http://zakon5.rada.gov.ua/laws/show/322-08
- Lazor, N. (1998). Contractual and centralized regulation of labor agreement terms: solving problems. Law of Ukraine, 1: 106-107.
- Lazor, V. (2000). On the social significance of an employment contract in market conditions. The Law of Ukraine, 7: 31-46.
- Lushnikov, A.M. (2003). Science of Labor Law of Russia. Historical and legal essays in persons and events. Moscow: Prospect.
- Prylypko, S. (1999). Distinction of labor law and social security law. The Law of Ukraine, 10: 58-61.
- Pylypenko, P.D. (2004). Labor Law of Ukraine: Academic Course. Kharkov: Concern "Publishing House "De Jure".
- Rabinovich, P.M. (2007). Principles of the general theory of law and state.Lviv: Krai.
- Rotan, V.G., Zub, I.V., andStychynsky,B.S. (2008).Scientific and practical commentary on the labor legislation of Ukraine.Kharkov: A.S.K.
- Scherbina,V.Sh. (2008).Labor law of Ukraine. Kharkov: Truth.
- Skakun, O.F. (2000). Theory of state and law. Kharkov: Consum.
- Smolyarchuk, V.I. (1965). Actual issues of development of the science of Soviet labor law. Soviet state and law, 6: 37-44.
- Sonin, O.E. (2006). The system of remedies to protect workers’ rights at wrongful dismissal. Vernadsky Tavria National University Scientific notes. Legal Sciences, 19(3): 143-147.
- The Constitution of Ukraine. (1996). The Constitution of Ukraine of 28.06.1996. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
- Todyka, Yu.M. (2000). The Constitution of Ukraine: problems of theory and practice. Kharkiv: Fact.
- Venedyktov, V.S. (2006). Labor Law of Ukraine. Kharkov: Consum.
- Volkova, O.N. (1986). The history of development of Soviet Labor Law. Moscow: All-union correspondence juridical institute.
- Yaroshenko, O. (2000). Discrimination in implementation of the right to labor. The Law of Ukraine, 7: 53-65.
- Zaychuk,O., and Onischenko, N.M. (2006).The theory of state and law. Kharkiv: Yurinkom Inter.
- Zhernakov, V. (1999). Social and labor relations: concept, subjects, legal regulation. The Law of Ukraine, 10: 41-43.
- Zub, I.V., Stychynsky B.S., and Grytsyak I.A. (1996). Labor law. Kharkiv: Published by UASM.
References
Bolotina, N.B. (2006). Labor Law of Ukraine. Kharkov: Znanie.
Bolotina, N.B., and Chanysheva, G.I. (2001). Labor Law of Ukraine. Kharkov: T-"Knowledge".
Busel, V.T. (2004). Great explanatory dictionary of contemporary Ukrainian language. Kharkov: Irpin VTF "Perun".
Dogadov, V.M. (1949). Stages of development of Soviet Labor Law.LSU Scientific notes. Series of legal sciences, 107: 113-172.
Hetmantseva, N.D., and Kozub, I.T. (2009). Means, methods and forms of protection of labor rights. Advocat, 11(110): 37-42.
Inshin, M. (1998). Concerning the legal provision of the right to labor under mass labor force exemption. The Law of Ukraine, 3: 77-78.
Khokhlov, E.B. (2000). Essays on the history of legal regulation of labor in Russia. St. Petersburg: St. Petersburg State University.
Khutoryan, N. (1992). Development of labor relations in market conditions. The Law of Ukraine, 8: 6-15.
Kiselev, I.Ya. (2001). Labor law of Russia. Historical and legal research. Moscow: Norma.
Lavrinchuk, I. (2001). Procedural provision of labor rights in Ukraine. The Law of Ukraine, 1: 72-87.
Laws of Ukraine. (1971). Code of Labor Laws of Ukraine of December 10, 1971 No. 322-VIII. URL: http://zakon5.rada.gov.ua/laws/show/322-08
Lazor, N. (1998). Contractual and centralized regulation of labor agreement terms: solving problems. Law of Ukraine, 1: 106-107.
Lazor, V. (2000). On the social significance of an employment contract in market conditions. The Law of Ukraine, 7: 31-46.
Lushnikov, A.M. (2003). Science of Labor Law of Russia. Historical and legal essays in persons and events. Moscow: Prospect.
Prylypko, S. (1999). Distinction of labor law and social security law. The Law of Ukraine, 10: 58-61.
Pylypenko, P.D. (2004). Labor Law of Ukraine: Academic Course. Kharkov: Concern "Publishing House "De Jure".
Rabinovich, P.M. (2007). Principles of the general theory of law and state.Lviv: Krai.
Rotan, V.G., Zub, I.V., andStychynsky,B.S. (2008).Scientific and practical commentary on the labor legislation of Ukraine.Kharkov: A.S.K.
Scherbina,V.Sh. (2008).Labor law of Ukraine. Kharkov: Truth.
Skakun, O.F. (2000). Theory of state and law. Kharkov: Consum.
Smolyarchuk, V.I. (1965). Actual issues of development of the science of Soviet labor law. Soviet state and law, 6: 37-44.
Sonin, O.E. (2006). The system of remedies to protect workers’ rights at wrongful dismissal. Vernadsky Tavria National University Scientific notes. Legal Sciences, 19(3): 143-147.
The Constitution of Ukraine. (1996). The Constitution of Ukraine of 28.06.1996. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
Todyka, Yu.M. (2000). The Constitution of Ukraine: problems of theory and practice. Kharkiv: Fact.
Venedyktov, V.S. (2006). Labor Law of Ukraine. Kharkov: Consum.
Volkova, O.N. (1986). The history of development of Soviet Labor Law. Moscow: All-union correspondence juridical institute.
Yaroshenko, O. (2000). Discrimination in implementation of the right to labor. The Law of Ukraine, 7: 53-65.
Zaychuk,O., and Onischenko, N.M. (2006).The theory of state and law. Kharkiv: Yurinkom Inter.
Zhernakov, V. (1999). Social and labor relations: concept, subjects, legal regulation. The Law of Ukraine, 10: 41-43.
Zub, I.V., Stychynsky B.S., and Grytsyak I.A. (1996). Labor law. Kharkiv: Published by UASM.