LEGAL REGULATION OF STATE SUPERVISION AND CONTROL FOR THE EXERCISE OF LEGISLATION ON LABOR LAWS OF LABOR AND ADMINISTRATIVE LAW: COMPARATIVE ASPECTS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
Discussions regarding the legal nature of the legal regulation of state supervision and control over the observance of labor legislation call for the consideration of the issue of labor relations and administrative issues. This is necessary in order to clearly establish the boundaries of legal regulation of labor and administrative legislation in the field of state supervision and control over the observance of labor legislation, as researchers in the field of labor law include supervision and control of legal relationships emanating from labor, and administrative scholars insist on belonging to them state supervision and control over the jurisdiction of administrative law. The mentioned problematic issues in the field of legal regulation of state supervision and control of norms of labor and administrative legislation need to be solved in order to avoid such problems arising from such problems as duplication of norms and powers, legal conflicts, as well as gaps in legal regulation. That is, the main task of this study is to establish a clear link between the norms of labor and administrative legislation, which regulates supervisory relationships and control over the observance of labor legislation, in order to increase the effectiveness of legal regulation of this area. So the study concluded that the activity of the State Service of Ukraine on Labor is regulated by the norms of administrative law, although certain provisions on the activities and powers of this body are also mentioned in the norms of the current labor legislation. However, the activities of a public body of state power are not subject to legal regulation of labor law. Instead, the rules of administrative law govern the issue of liability for violations of labor laws on compliance with established labor rights and guarantees. The author concludes that in connection with the fact that administrative law is a complex branch of labor, its inter-branch connection with labor law is inseparable, as the norms of administrative law are carried out by the legal regulation of administrative responsibility for violation of labor rights of citizens, violations of safety and security labor, as well as responsibility for non-fulfillment of legal requirements of the central executive authority, which implements state policy in the field of labor protection. That is, the norms of labor law are the object of legal protection of the norms of administrative law. The administrative and legal regulation of legal relations in the sphere of state supervision and control over the observance of labor legislation is influenced by the rules of administrative law on relations arising in connection with the activity of the State Service of Ukraine on labor issues in the field of supervision and control over observance of legislation on labor, employment of the population, in the field of ensuring occupational safety, occupational health, etc.
Authors and Affiliations
С. І. Дворник
Keywords
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