THE ESSENCE OF THE CONCEPT OF «ADMINISTRATIVE AND LEGAL MEANS OF ENSURING THE MANAGEMENT OF LABOR PROTECTION IN UKRAINE»
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article is devoted to the definition of the essence of the concept of “administrative and legal means of ensuring the management of labor protection in Ukraine”. The questions of legal and administrative-legal means are analyzed. It is ascertained that today a number of basic positions have been developed in relation to the definition of “legal means”: first, they are defined by instruments of legal regulation, means of optimal solution of social tasks, which include the whole arsenal of legal phenomena; secondly, legal means characterize as legally significant acts of subjects of their application in order to achieve a specific social-meaningful result; thirdly, legal means are legal phenomena that are expressed in instruments (deeds) and deeds (technology), by which the interests of the subjects of law are satisfied and socially useful goals are achieved. The characteristic features of legal means are formulated: they are always socially valuable, they express the whole arsenal of legal phenomena of different levels – instruments of legal regulation, which must be applied for optimal achievement of the set goals; legal means reflect information quality and law resources; by combining with each other, legal means create conditions for the exercise of law; legal remedies have legal implications; legal means are always a response to specific barriers; legal means are provided by the state. It was clarified that the concept of “administrative and legal means of ensuring the management of labor protection in Ukraine” is characterized by all signs of legal means and administrative and legal means, as well as such specific features as: the sphere of influence of these means; specific subjective composition; the attraction to the use of measures related to control activities and types of administrative coercion.
Authors and Affiliations
Н. В. , Дараганова
Keywords
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