INSTITUTE OF LEGAL PROTECTION OF LABOR RIGHTS IN UKRAINE: GENESIS AND CURRENT STATE

Main Article Content

Olena S. Boieva

Keywords

legal protection, labor rights, institute of the legal protection of labor rights, labor law, effective remedy

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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