Forms of law implementation in the mechanism of legal regulation of labor
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The study of the mechanism elements of labor legal regulation, which provide the stage of law implementation within the employment legal relationship assumes the allocation of law from the sphere of obligatory – normative into the sphere of the actual performance of the labor process, so into the concept of “law implementation” in this case something different is put. The object of the impact concerning legality are consciousness and will of its subjects. Affecting the subjects of legal relations, placing them in the appropriate relative position, the state achieves, therefore, certain manifestations of their will. And in respect of the develop- ment of law multifaceted classification should be carried out. Studying the mechanism of legal regulation of labor in the unity with social and legal processes that ensure the functioning of legal rules and their implementation in the behavior of the subjects, we must proceed from a consideration of not only the organizational-legal side of law implementation, but systemic impact of other mechanisms of lawful behavior of the individual formation. As an element of the mechanism of legal regulation of labor, legal means are of a specif- ic labor-legal nature, and in conjunction with activities of putting into practice of the legal requirements in the labor process and the formation of the behavior of labor law subjects in accordance with the labor legislation, form a special subsystem of this mechanism – the mech- anism of law implementation. However, the starting point here, in our view, should also be the recognition of the inde- pendence of separate types and forms in the structure of law implementation in labor relations. Theoretically and practically it is justified by the fact that each form (type) as the actual result assumes independent legal activity in the labor process, and clarification of the role and importance of various forms of law implementation, the search of stable bases of classifica- tion allows to consider the complex structure of law implementation in the sphere of non-self labour application.
Authors and Affiliations
Kubanichbek Ramankulov
Keywords
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