THE LABOR LAW PRINCIPLES IN THE CONTEXT OF LAW ENFORCEMENT

Abstract

Problem setting. The labor law principles – are the certain legal provisions that should be enforce, by the courts in resolving the labor disputes. But such enforcement of the labor law principles is the complicated problem. The scientific legal literature has never given any satisfactory solution to the problem of applying the basic principles of labor law. Only the most common, complicated, unclear opinions have been given on this issue. And there were no answers to practical questions.
Analysis of recent research and publications. The principles of labor law – are the traditional issue for the legal science. Such prominent researchers as A. V. Smirnov and R. Z. Livshits examined the mentioned issue. This tradition was continued by scientists of independent Ukraine. The concepts of «principles» and «specific law provision» used, for example, in works of S. P. Holovaty, V. I. Prokopenko, P. D. Pylypenko, S. M. Prylypko, O. M. Yaroshenko, N. B. Bolotin, A. V. Lavrinenko and others. Target of research. The purpose of this article is the attempt to approach to the adequate understanding of the concept of the labor law principles and to identify the specific principles of labor law as the means of legal regulation of relations that are the subject of labor law.
Article’s main body. The principles of labor law are considered as the most common regulations that can’t be used contrary to special rules that formulated in the acts of the same hierarchical level as the acts establishing the principles. The author’s attention is drawn to the principle of rule of law that has supreme legal force, and also the attention paid to the combination of regulatory control and the declaration elements in the principles.
Conclusions and prospects for the development. In lawmaking, and law enforcement the author offers to form a new approach to the issue of basic principles of labor law. In law enforcement it should be aware that: 1) the principle of the rule of law applies for the relations that are subject of labor law; this principle has the supreme legal force, including the labor law standards stated in the Constitution of Ukraine; 2) the principles mainly consist of legal regulator and the declaration and the boundary between them is gradually changing in favor of legal regulator; 3) the principles can’t be used contrary to the specific legislative provisions, except the principles enshrined in the Constitution of Ukraine.