THE ACTUAL THEORETICAL AND APPLIED ISSUES OF UKRAINE'S LEGISLATION ON WORK: SCOPE OF ACTIVITY

Abstract

Problem setting. The theoretical development and analysis of problems related to the scope of labor law is also of great practical importance, because its solution will improve the legal norms governing the issues related to the operation of labor legislation in the circle of persons, in time and space, will improve the activities of bodies and organizations that use human labor, or supervise and monitor compliance with labor legislation.

Target of this article is to develop a modern approach to the scope of labor law in Ukraine on the basis of theoretical understanding of scientific works of labor scientists, analysis of the current national legislation and practice of its application.

Analysis of recent researches and publications. A separate issue of the action of labor law norms paid attention in their scientific works such domestic legal scholars as N. B. Bolotin, L. Y. Velichko, V. S. Venediktov, M. I. Inshin, V. I. Prokopenko, V. O. Protsevskiy, O. I. Protsevskiy, A. M. Sliusar, I. I. Shamshina, etc. However, despite their significant achievements, labor relations are developing faster than labor legislation, so Ukraine lacks scientific work devoted to the problems of the scope of labor law.

Article’s main body The article provides a detailed analysis of the norms of national legislation (general and special) and the norms of international legal standards and the views of scientists and specialists in the field of labor law, discusses current theoretical and applied issues of the legislation on labor of Ukraine in the circle of persons, in time and space.

In particular, the features of regulation of labor relations in various spheres of management are considered, common and distinctive features are highlighted.

Conclusions and prospects for the development. Therefore, the general legislation is not excluded with application, and can and should be used in that part in which labor relations of members of cooperatives, their associations, collective agricultural enterprises, farms are not regulated by the special legislation and local acts. Special laws, local regulations are designed to reflect all the features of the regulation of labor relations of members of these economic formations, including the grounds for their occurrence. At the same time, neither special legislation, nor local normative, nor individual-contractual acts can establish any features that violated the level of guarantees of employment, labor protection, labor of women, youth, persons with disabilities established by the legislation.