Zub H. Legal regulation of social protection of judges.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000245

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

27-12-2013

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

In the dissertation the legal nature of social protection of judges has been found out, its place and role in the system of legal actions ensuring the judges independence in the process of the administration of justice has been determined. It has been found out that service in a court is a special kind of the public service consisting in the professional activity of the Ukrainian citizens who hold staff judicial positions and is directed to the realization of the judicial power by the way of the administration of justice in Ukraine with the aim of the protection of the rights, freedoms and legitimate interests of the person and citizen, rights and legitimate interests of the legal persons, interests of the state based on the rule of law. Social protection of judges is by itself the system of the political, economic, legal, organizational, medical and technical measures directed to the protection of the judges welfare as the special subject of labor law and members of the society and also creation of the favorable conditions for their life support. Completeness, timeliness and justice of such a protection, its compliance with generally accepted international standards are the necessary conditions of the effective functioning of the system of justice in Ukraine. It has been given grounds that the legal use of the term "judicial remuneration" is not acceptable because remuneration it is all that person considers valuable for himself, that this person is striving to reach and what this person would like to posses. The substantial filling of the concept of "value" is very different, specific and depends on the individual, individual needs, requests, perceptions, character etc. Wage is one of the kinds of the compensation calculated, as a rule, in a monetary term which under the labor contract the employer pays to the employee for work done. The need for judges of the establishment of allowances for service seniority according to the minimum wage but not to the salary has been proved.

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