FINANCIAL SANCTIONS AS A MEASURE OF COERCION IN LABOR LAW

Abstract

Problem setting. Proper legal regulation and further it’s improving needs a generalized definition of the legal categories that form the basis of this process. One of the objectives of labor law science is formulating the concept of legal responsibility in labor law, defining its features and correspondence of types of the responsibility in employment law with other types of legal responsibility.

Art. 265 of the Labor Code of Ukraine provide legal uncertainty of the financial sanctions that necessitates a scientific search on the question of determining the legal nature of the fines as employer's financial responsibility.

The purpose of the research is to determine the legal nature of fines imposed by part two of Article 265 of the Labor Code of Ukraine, as well as establishing their correspondence with legal liability in labor law.

Analysis of resent researches and publications. Problem and some aspect of legal responsibility in labor law were researched by O.T. Barabash, V.S. Venediktov, K.M. Gusov, V. V. Zhernakov, M.I. Inšin, P. S. Lutsyuk, Y. M. Poletayev, O.I. Protsevskyi, P. R. Stavisskyi, L. A. Syrovatskya, N. M. Khutoryan, G. I. Chansheva, V. I. Shcherbina and many other scientists. New edition of the Art. 265 of the Labor Code of Ukraine needs the definition of new scientific approaches to the problems of expanding the mechanism of legal liability in labor law. There is a need for detailed analysis and determination of the legal effectiveness of both financial sanctions in the labor order and possible reorientation of the measure of labor legal liability.

Article’s main body. Part 3 of Art. 265 of the Labor Code of Ukraine stipulates that fines imposed by part two of this article are financial sanctions and do not belong to the administrative and economic sanctions determined by Chapter 27 of the Commercial Code of Ukraine.

It is this provision that creates a scientific discussion about the place of the specified sanctions in the mechanism of legal liability and establishing their belonging to a certain type of responsibility.

Financial sanctions are unusual for labor law, since they are neither a disciplinary nor material liability, they have their own direction and a special place among coercive measures.

It is considered to support an approach to understanding the legal responsibility measures based on the generic definition of measures of state coercion. The argument in favor of this is that the above features of fines as financial sanctions coincide with the understanding of the measure of legal liability for the offense as a form of measures of state coercion, which is enshrined in sanctions of the rules of legal responsibility, which is characterized by quantitative and qualitative characteristics, and implemented in the case of committing the offense on the basis of an act of legal liability and pursues the objectives of punishment, restoration, prevention and upbringing.

Conclusion. General features, the legal nature and the functional purpose of fines for violating the labor law in part 2 of Article 265 of the Labor Code of Ukraine, allow them to be considered as specific measures of coercion in labor law. In addition, these fines are a non-typical component of the employer's legal liability in labor law, since they do not relate to any of the types of liability inherent in this branch.