The right to adequate and safe working conditions in Ukraine

• Main Author: Едуард Валентинович Гаврилов
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2016-06-01
• Series: Проблеми Законності
• Subjects: labor protection; constitutional rights; guarantee of rights; property and moral harm; injuries.
• Online Access: http://plaw.nlu.edu.ua/article/view/70039
• ISSN: 2224-9281; 2414-990X

The special attention is given to the rights of the citizens for independent and safe working conditions. The rights secured by law and guaranteed of each among workers and employers have been considered. The court case on infliction of harm to health in the performance of job duties has been analyzed. Taking this case as an example one can see different possible ways of its solution that cause controversy and contradictions. The Court of First Instance takes the side of the employer, Court of Appeal – on the side of the victim and consideration of the case on cassation appeal - shows only that the state taking the role of the judge is on the employer side not on the side of the worker as a victim. So, one can see that course of the state policy secured by legislators in the numerous normative acts and being reflection of the constitutional principle of the recognition by the state of  the human being, his or her life and health, honour and dignity, inviolability and security as the highest social value that is foreseen by Article 3 and by the provision of Part 4 Article 43 of the Basic Law does not correspond to the realities of life.