Problems of realization of the principle of legality in labor relations

• Main Authors: Микола Іванович Іншин, Василь Андрійович Багрій
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2019-03-01
• Series: Проблеми Законності
• Subjects: implementation problems; the principle of legality; labor relations; labor; employee
• Online Access: http://plaw.nlu.edu.ua/article/view/154289

The current state of implementation of the principle of legality in labor relations and the practice of its application does not fully correspond to the constant changes in the policy of the state, its economy, society, etc. As a result, the implementation of the principle of legality in labor relations is characterized by the presence of numerous problems, that are regularly pointed out by scientists in their writings. The most appropriate way of solving the problems of implementing the principle of legality in labor relations is the adoption of the new Labor Code of Ukraine. However, it has remained as the project for the last few years, and it is difficult to predict the immediate prospects for its adoption at this time. Therefore, the relevance of research into the implementation of the principle of legality in labor relations is that, while the new Labor Code of Ukraine has not yet been adopted, the search for alternative ways of their solution is necessary. In this article argued propositions of solving problems of the implementation of the principle of legality in labor relations are analyzed. First and foremost, their availability is due to the obsolete version of the current Code of Labor Laws of Ukraine. Given the rapid development of public relations, changes in the policy of the state, its economy, society, etc., it does not meet the requirements of time, because a large number of new types of activities that have arisen over the past decades are not provided by this Law in general. Papers and labor legislation in the context of disclosing the content of this problem were researched, and it has been established that ensuring legality in labor relations is complicated in conditions where such legal relationships are not provided for by current labor legislation. In addition, the norms of this normative legal act are vague regulate the labor relations of different categories of employees - it is explored that constitutional norms regarding equal access to work, as well as the prevention of discrimination in the field of labor, are not always carried out in labor relations. Therefore, in this article the advantages of the draft Labor Code of Ukraine regarding the implementation of the principle of legality in labor relations are outlined, as well as ways of solving main problems in this area.