The essence of the modern ideology of labor law of Ukraine: legal problems
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article analyzes modern ideology of labor law of Ukraine, in particular, the question of determining the vectors of the ideology of labor law is raised, the variety of the application of concepts in labor law is examined, which testifies to the existence of gaps, the development and introduction of new ideological foundations. In recent years, the urgency of the question of the need to revise the ideology of labor law of Ukraine has become urgent, since in the current labor legislation the Soviet ideology is already outdated, which no longer meets the requirements of the present, while the lack of a well-developed system of ideological views on the further development of labor law causes certain difficulties in adopting mutually agreed new legal norms in the territory of our state. That is why modern labor law urgently needs the development and introduction of new modern ideological foundations. It is noted that the ideology of labor law is the «spirit» of labor law, its mentality, which is already embodied in the law and which can be articulated, having become acquainted with the norms of laws. The concept, like ideology, more clearly defines the inner essence and directions of the further development of labor law. The theory, like the paradigm, is already empirical, materially expressed in the aggregate of certain interrelated and substantiated concepts, systems, structures, that is, it is the scientific knowledge of labor law. Examined that today in the labor law, the legislative norms are very different in ideology with each other. Thus, the basic law in the field of labor (Labor Code) was formed under the Soviet ideology; a part of the laws is the result of the adoption in the times of independence and the transition from the command-economy economy to the market, reflecting the relevant attitude to work, the employee and the employer; the other part of the laws is the result of an accelerated process of Europeanization of national legislation, where the ideology is based on anti-discrimination movements, gender equality, and the constant struggle for the introduction into the legal field of as many relationships as possible of labor. It is concluded that modern labor law urgently needs the development and introduction of new modern ideological foundations.
Authors and Affiliations
Mykola Inshyn
Keywords
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