Syrotnikova I. Legal fictions in the labor law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002300

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

23-04-2019

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The research is devoted to the scientific analysis of theoretical and practical problems of application of legal fictions in the labor law of Ukraine. Scientific works devoted to legal fictions are analyzed, historical sources of the doctrine of fictions are researched. The presence of specific features of legal fiction, which fully reflect its legal nature, is substantiated. It is proved that the concept of «legal fiction», «juridical fiction», «norm-fiction» and «fictitiousness» are not synonymous and carry different semantic load and are subject to differentiation. It is noted that legal fiction is able to eliminate uncertainties in legal regulation and should be used solely for the purpose of creating legal conditions to achieve optimal coordination of the interests of participants in labor and related relations. The author's definitions of the concept «legal fiction in labor law», «juridical fiction in labor law» are formulated. Classification of labor laws, created with the use of a legal fiction for various reasons, in the light of which analyzed the current labor legislation of Ukraine. The content of the regulatory requirements of labor legislation, which are created with the help of legal fiction, is investigated, and their role in the regulation of social and labor relations is clarified. On the basis of the obtained theoretical results, a number of proposals for improving the current labor legislation with the use of legal fiction as a means of legal equipment that can be used in the finalization of the draft Labor code of Ukraine are formulated.

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