THE BASIC APPROACHES TO UNDERSTANDING OF GROUNDS FOR DISCIPLINARY AND FINANCIAL RESPONSIBILITY IN LABOUR LAW
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 6
Abstract
The article deals with the basic approaches to determining the grounds for disciplinary and financial responsibility of subjects of individual employment relationship. Particular attention is paid to the statement of the factual basis for the emergence of branch types of legal responsibility due to the existence of two approaches to the construction of such a ground in the general theory of law: criminallegal and civil. it is proved that in the field of employment relationship the concept of corpus delicti and its obligatory elements: the subject, the object, the objective and subjective sides, which are typical of criminal law, remains dominant. The main shortcomings of this approach are revealed; they concern the fact that the norms of labour law, as a rule, do not contain separate elements of an employee or employer’s offences and there is no need to establish all constituent elements, in particular, the object of the offence.
Authors and Affiliations
Yuliya GODOVANETS
Keywords
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