SOCIAL AND ECONOMIC FACTORS THAT SHAPE THE CONDITIONS FOR THE EFFECTIVENESS OF LABOR LAW
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is analyzed the factors (conditions) of the effectiveness of the rule of law, existing classifications of the main conditions of law effectiveness. Particular attention is given to determining the possibility of applying general provisions on the conditions of the effectiveness of the rule of law to the effectiveness of labor law. The relevance of the study is substantiated by the fact that the questions of the effectiveness of the rule of law are becoming more important, because the effectiveness of the rule of law indicates the needs for its existence, change or abolition. However, in order to assess the effectiveness of the rule of law, it is necessary to clearly define the conditions of such effectiveness as the necessary circumstances for its existence and understanding. Based on the analysis of different approaches to the determination of the conditions of the effectiveness of the rule of law, the author concludes that, in general, scientists discover a certain unity in the determination of the list of the most important conditions of the effectiveness of the rule of law, however, they argue about the systematization of such conditions arising from various characteristics of the environment. The author devoted three main groups of the effectiveness of the rule of law: conditions that characterize the level of development and perfection of the system of labor law, because only scientifically well-grounded, understandable and relevant, caused by the needs of the current level of growth and development of society and employment relations, labor law norms can be effective; conditions that characterize the state of law enforcement, which depends on the moral qualities of the management personnel, institutions, organizations and trade unions, because on the one hand, the employees should recognize the authority of representatives of the employer and trade union organizations, on the other hand, the employers also should recognize the rights and should not violate it. Only in this case we can talk about of the effectiveness of employment and labor statutes; conditions that characterize the state of legal consciousness and legal culture of participants in labor relations, since labor law can be effective only where the employees are aware of their rights and obligations, faithfully fulfill them and are ready to protect them from violations by legal means.
Authors and Affiliations
Л. Ф. Купіна
Keywords
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