SPHERE OF ACTION AND SUBJECT OF LABOR LAW: NEW PROSPECTS OF DEVELOPMENT
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
The article analyzes the scientific developments of the past regarding the subject and scope of labor law. The author has separately focused on the study of the subject of labor law. The author also generalizes approaches to defining the scope of labor law. The article emphasizes the importance of determining the subject and scope of labor law in modern realities. The analysis of the doctrine of the subject of labor law makes it possible to specify the criterion of the allocation (association) of social relations that make up his subject, to understand the historically predetermined features of the content of individual elements, to propose an interpretation of this legal category, taking into account economic and legal changes in society related with eurointegration processes. At the same time, in spite of the considerable scientific researches of the Trudoviks, it is very difficult to achieve the «purity» in the allocation, not just the amount, but the system of social relations that make up the subject of labor law is very difficult, since labor, its organization and conditions include both of it varieties - as independent (work of the owner), and not independent (hired labor). The complex of social relations on the application of labor at work also involves the work of co-owners, their logistical support. The relations that are formed in the process of functioning of the labor market, the organization and use of hired labor, cover a significant area of relations in the management of labor, some of which is, the subject of civil, administrative, agricultural law and labor economics. On the basis of the research, the author concluded that there is a need to review the place of labor law in the system of law of Ukraine. Reform and further development of the Ukrainian legal system requires a fresh look at its construction. In particular, the need to reconsider the place of labor law in the system of law of Ukraine should be the first place. Today, calls are increasingly being made for «the return of labor law to the womb of civil law,» the construction of a system of law based on the principle of division into private and public law, and so on. But all these calls can not lead to positive changes in the domestic legal system; on the contrary, the implementation of such approaches in a practical plane will only exacerbate existing ones and create new problems in society. In order to achieve social balance and justice in the state, only one way is seen - labor law should be at the center of the system of law of a social, legal state. Only so will it be possible to implement the constitutional prescription: «man, his life and health ... are of the highest social value» (Article 3 of the Fundamental Law), which until now is only a norm- declaration. In fact, a person can become the highest social value, only when the state serves the good of man, and not vice versa. A person, while carrying out his work, must receive a decent pay for it, only then will it be possible to exercise all his other constitutional rights. That is, in the center of the system of law of Ukraine there should be a branch of law regulating relations on the realization of human ability to work, while the state must fulfill the role of guarantor, which creates conditions for decent work. Only the person working has the opportunity to realize his other constitutional right – an adequate standard of living for himself and his family, which includes adequate food, clothing, housing (Article 48 of the Constitution of Ukraine). Labor law should become the central link, the foundation of all branch legal sciences, and all these industries must build their internal system, based on the need to create unimpeded conditions for the person to exercise his right to decent work.
Authors and Affiliations
Л. Ю. Величко
Keywords
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