CONCEPT AND LEGAL NATURE OF LOCAL LEGAL REGULATION OF WAGES

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CONCEPT AND LEGAL NATURE OF LOCAL LEGAL REGULATION OF WAGES

Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22

Abstract

Problem setting. The article is devoted to the complex analysis of definitions in the field of local legal regulation of wages. Today, the important problem of perception of fundamental legal categories in the legislation is a lack of unambiguousness of terminology, in particular, the normative order does not establish a correlation of concepts such as "salary" and "wages". Improvement of legal regulation is impossible without a clear and unanimous interpretation of the legal categories that form the basis of this process. The legal definition defines favorable conditions for the same understanding and interpretation of normative legal acts, their proper implementation and application. In addition, the author focuses on the study of the legal nature of local legal regulation of wages. Analysis of resent researches and publications. With regard to local regulation, it was studied by scientists such as AK Abdullaev, L.I. Antonov, B. A. Arkhipova, N. A. Brilliantov, S. S. Karinsky, I. N. Kashirin, R. I. Kondratiev, F. M. Leviant, S. S. Lukash, V. A. Tarasova, G. V. Khnikin, O. M. Yaroshenko and others. However, the problems that exist in this area, including in the area of remuneration, determine the relevance of the issue, and conducting of research is opportune and practically necessary. Target of research analysis of definitions in the field of local legal regulation of wages, elaboration and formulation of theoretical conclusions and scientifically grounded proposals aimed at improving the current legislation in this area. Article’s main body. Along with the subject and method, the conceptual apparatus serves as one of the criteria for the division of law in this field. Appointment of the conceptual apparatus of any branch of law is manifested in its information essence, since it uses the transfer of legal information and clarifies the content of legal norms. Being the semantic foundation of the branch of law, the conceptual apparatus of labor law is at the same time an instrument for the formation of sectoral norms. Particularly relevant is the problem of its study in connection with the prospect of the adoption of the new Labor Code of Ukraine. Unfortunately, the current Labor Code does not differ enough in terms of terminology, which is explained by the inconsistency of certain provisions of the Code with modern doctrinal research. Scientists point of view on the question of remuneration, contained in acts of the local level, are quite diverse and contradictory. Researchers are differently suited to explain the concepts of "wages", "salary" in such acts, which solve a particular problem of remuneration. Some focus on the features of a particular object being studied, process, others - on the ratio of each other categories: "wages", "salary", "other types of payments". Conclusions and prospects for the development. The research of the well-known in the labor-doctrine of definitions, generalization of the current legislation and the practice of its application allowed to formulate the category under consideration: "Local legal regulation of wages - a way to fix, establish and consolidate in acts of local level norms, amount, individual elements of the system of remuneration of workers directly in the enterprise, in the institution, organization ". In order to improve law enforcement, we propose to consolidate this formulation of our definition in the draft Labor Code of Ukraine.

Authors and Affiliations

J. N. Burnyagina

Keywords

EP ID EP489037
DOI -
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