LABOR LAW IN THE SYSTEM OF SOCIAL LAW

Authors

  • І.П. Жигалкін , ,

Abstract

Problem setting. With time changing cultures, civilizations, government and political structures have been changed, but the division of social relations in public and private is unchanged. According to mentioned the legal system based on this division has been preserved. It based on different legal consciousness, systematization approaches, jurisdiction of state authorities etc. The reasons underlying dichotomy of law appear, especially, in the different character of relations between people, between people and the state, between states. Relations between people mainly have private nature, based on a personal or private interest, so relationship between people and the state or between states based on the universal, general and public interest. Public law governs the relationship of common interest, all that relates to the universal needs filling, to protection of the interests of the entire society and the state. The state, in turn, creates such institutions that could regulate social relations and ensure universal, nationwide interest.

Analysis of resent researches and publications. Determination of the place and role of labor law in the development of social law system has been studied in the writings of such scholars as: K. V. Goncharova, O. V. Machulska, S. M. Prylypko, V. O. Torlopov, H. F. Tsafer, G. I. Chanysheva, O. M.Yaroshenko and others.

Article's main body. The content of this article is to study social law as one of the components of a national system of law and to determine the influence of labor law on the development of social law in general.

Conclusions and prospects for the development. The issue of public and private law division, at first glance, may seem only scientific problem that in modern Ukraine will have no practical significance. But as you know the practice of law development and law enforcement shaped by scientific doctrine. Today, it's not enough attention turning to the dealing with this issue from the standpoint of methodology. That is primarily due to a more than 70-years non-public prohibition on reference the doctrine of public and private law division in the Soviet legal science.

Thus, labor law of Ukraine, as an immanent part of the national legal system, occupies an intermediate position between public and private law; it's a component of social law.

Published

2019-09-20