Moroz S. Legal regulation of the labor contract conclusion.

Dissertation is devoted to the research of the theoretical and practical problems of the legal regulation of labor contract conclusion. It has been established that freedom of the labor contract conclusion is revealed in those that a person (a) has the right to manage one's ability to labor , to choose the kind of activity or refuse of it at all, (b) may propose himself as a hired worker to any employer, (c) has the right to discuss freely the conditions of the labor contract, agree with them or withdraw from them. Recognizing the right to work as the main foundation of the human activity, the Constitution of Ukraine establishes that in a sec. 6 p.1 art. 92 that principles of the labor regulation and occupation are determined exclusively by laws. The cases of the prohibition of the labor contract conclusion as such that have the important significance for the proper realization of right to work are also to be secured only by the laws. The invalid labor contract is the contract that does not pull the legal consequences to which it has been directed. The invalid labor contracts can be classified as the contracts with defects of (a) contents, (b) subject composition and (c) will. The new Labor Code of Ukraine ought to have the norms devoted both to the invalidity of the labor contract as a whole so to the invalidity of the separate its conditions.