The object of research is the social relations that arise when implementing and ensuring the constitutional right to work in Ukraine.
The subject of the study is the legal norms that establish the constitutional right to work in Ukraine, established by the Constitution, the norms of the current legislation of Ukraine and international law. As a result of the study, new or those with elements of novelty have received theoretical positions and practical recommendations, the main of which are the following:
for the first time:
- in the new ontological, axiological and praxiological aspect modern theoretical and methodological approaches to the conceptual understanding of the constitutional right to work are proposed, in particular, the idea of assigning the constitutional right to work to natural human rights is subjected to scientific criticism;
- author's system model of the Institute for the protection of the constitutional right to work in Ukraine by national and international means was developed, ways of further development and improvement of the constitutional and legal institution for the protection of human rights in the field of labor were proposed, the necessity of elaboration of the Concept for the development of legislation on the protection of labor rights, within which to systematize the legal norms applicable to the protection of labor rights;
- fundamentally new forms and methods of realization of the borrowed labor as a practical way of implementing the constitutional right to work by Ukrainian citizens abroad are offered;
Improved:
- the theoretical provisions regarding the application of material liability in case of violation of the established terms of payment to the employee salary, guarantee and compensation payments in the percentage proportion of a certain number of days;
- constitutional and legal aspects of the interaction of the modern legal democratic state with the individual in order to ensure the guarantees of the implementation of constitutional rights in the field of labor in the conditions of European interstate integration, with the key approach to improving the current legislation should be the solution of the problem of harmonious combination of legal forms of employee protection adequate to the new integrational conditions, with guarantees of the effective realization of subjective rights in the field of labor;
got further development:
- provisions concerning the possibilities of lawful individual self-defense of labor rights by an employee;
- doctrinal understanding of the subject structure of ensuring constitutional rights in the workplace;
- the substantiation that the constitutional and legal relations in the field of labor are complex and regulated by the norms of international, constitutional, labor, civil, criminal, administrative law, in particular, the specific features of the constitutional and legal relations that arise regarding the implementation of the constitutional right to work ;
- Practical-praxiological approaches to improving the current normative legal acts that regulate the implementation of the constitutional human right to work, in particular, the conclusion is drawn that the draft Labor Code of Ukraine differs systematically, in general, corresponds to the realities of the present, but needs further elaboration taking into account positive foreign experience;
- the conceptual position on the creation of specialized labor courts on the example of foreign powers in order to effectively protect constitutional labor rights, as well as in this context, the proposal to establish a Labor Procedural Code has been supported.
The theoretical significance of scientific research is that the conclusions and positions obtained develop and supplement the scientific and theoretical knowledge base, encourage the revision of important aspects of the regulation of the implementation and ensuring the constitutional human right to work in Ukraine under the current conditions of intergovernmental integration, complement the basis for the development of legislation and further research.
