FEATURES OF CONSIDERATION OF LABOR DISPUTES IN THE ORDER OF DIVERSITY

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FEATURES OF CONSIDERATION OF LABOR DISPUTES IN THE ORDER OF DIVERSITY

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue

Abstract

In accordance with the requirements of the current labor legislation of Ukraine, labor disputes of judges, prosecutors and investigators, as well as employees of educational, scientific and other institutions of the prosecutor’s office, which have class ranks, civil servants, are considered taking into account the specifics established by law. Therefore, the article deals with the problem of considering individual labor disputes in an administrative manner, or in the order of subordination, what is meant by one of the forms of implementation of the protection of the right to work of an employee, specially regulated by special regulations. Historical peculiarities of Ukraine’s development – its existence during almost all of the last century under conditions of a totalitarian regime – determined the nature of the transformations that take place. It is now clear that the safeguarding of human rights and freedoms, the formation of civil society and its institutions, a free market economy is possible only under the conditions of the creation of a lawful state. In view of this, there was a truly urgent need to develop a political and legal platform for a truly independent judiciary as a real pillar to ensure the strength of the entire state structure and sustainable political, economic and social development. And also the legislative status of prosecutors and investigators, employees of educational, scientific and other agencies of the prosecutor’s office, who have class ranks, civil servants. In accordance with the requirements of the current labor legislation of Ukraine, labor disputes of judges, prosecutors and investigators, as well as employees of educational, scientific and other institutions of the prosecutor’s office, which have class ranks, civil servants, are considered taking into account the specifics established by law (for example, the Laws of Ukraine “On the Status judges”, “On the prosecutor’s office”, etc.). With regard to these categories of employees, the current legislation does not provide for the legal regulation of issues of consideration of labor disputes with their participation. No normative act solves this issue in full. Legally established only certain peculiarities of consideration of labor disputes of the specified categories of workers for dismissal, which are applied in the disciplinary order and for other types of measures of disciplinary action. In general, for these relations characterized by the procedure for reviewing labor disputes, which in the legal literature was called the consideration of labor disputes in administrative order or “in the order of obedience”.

Authors and Affiliations

А. М. Островерх

Keywords

labor disputes individual labor disputes administrative order subordination order judicial protection public defense disciplinary liability disciplinary sanction disciplinary proceedings

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EP ID EP477930
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