Kudryavtsev I. Legal Regulation of Trade Unions in the State Service.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U000393

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

29-02-2012

Specialized Academic Board

Д 26.236.04

Essay

Dissertation deals with the peculiarities and problems of legal regulation of trade unions of state servants. Employer in this case is the state that is represented by its bodies, which are legal entities that hire people to work, exposing them to increased requirements with regard to specific tasks and functions of public service. This specificity effects on the verge of state service employment rights, and also including association. It is defined that the basis of legal status of state servant as a subject of labor law, is determined by the labor legislation as the main function of this labor law is to protect the interests of the parties' employment relationship. It turns out that despite the legislative consolidation of a number of social and legal guarantees for state servants, firstly, most of them still exist only in theory, and secondly, recent trends in public service are characterized by reducing of number and volume of these guarantees. It is substantiated that the right to participate in trade unions is a major organizational conditions embodiment of social and legal protection of state servants, reaching the point where fixed de jure privileges and benefits are guaranteed de facto. The study of foreign experience of settlement of trade unions of state servants suggests consolidation of association as one of the basic labor rights. It is a set that reforming the law about freedom of association in Ukraine should include not only securing the right to strike for state servants, but also improvement of the legal regulation of procedures for its conduct to actual utilization at the legislative level opportunities.

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