Sidorenko A. Abuse of right by the subjects of labour legal relationships.

It is well-proven that basic task of labour legislation, in the conditions of codification and acceptance of the new Labour low of Ukraine - its made to balance mutual relations between a worker and employer, so, that they must not were possibility trench upon rights and interests of other side of labour contract which results in abuse of right. Pre-conditions and reasons of such legal phenomenon, as abuse of right, to a great extent influence on the origin of this problem in a labour right. It is grounded that fixing of principle of honesty in a labour right will have an important value for warning of abuse of right the subjects of labour legal relationships, exactly : (a) honesty can be defined as a regulator in relation to the proper realization of rights and duties, (b) violation of the noted principle can result in abuse of right, and that is why unfavorable consequences must come for subjects. The basic signs of abuse of right in labour legal relationships is: a) presence of equitable right; b) the conduct of person must not go outside the given rights, sated by law; c) it is accomplished with direct intention; d) presence of harm or creation of the real threat of its causing; e) a receipt of groundless advantages is before other subjects; f) responsibility for the accomplished act. Set, that abuse of right differs the subjects of labour legal relationships from offence by such signs: a) obligatory sign of offence as against rights absents at abuse of right; b) by investigation of abuse of right harm or the real threat of its causing; c) at abuse of right in labour legal relationships a subject operates with direct intention; d) responsibility comes in every case. Numerous suggestions and recommendations are formed from the improvement of legislation about labour for warning of abuse of right.