Kyrychenko T. Features of compensation for non-pecuniary damage in the labor law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101525

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

29-09-2020

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The dissertation research is devoted to the complex critical analysis and studying of features of compensation of moral damage in the labor law of Ukraine. In the framework of scientific research on the basis of existing methodological and theoretical developments the place and significance of moral damage in the field of labor relations are determined. The dissertation pays special attention to the general theoretical characteristics of non-pecuniary damage in labor law, namely the definition of the concept and content of non-pecuniary damage in a market economy, distinguishing this concept from other related categories, and the legal significance of human rights to compensation for non-pecuniary damage. For the first time the paper analyzes the difference between moral (non-property) and property damage, identifies elements of the content of legal relations, indicating the unity, integrity of its constituent elements of moral damage, provides provisions for compensation for moral damage by the European Court of Human Rights. Particular attention is paid to identifying and clarifying the concept of "moral harm", highlighting the consequences of this concept. The concept of "moral damage in labor law" is revealed. Approaches to understanding the subjective right of an employee to compensation for non-pecuniary damage are disclosed. The provisions that are taken into account by the European Court of Human Rights in resolving the issue of compensation for non-pecuniary damage are given.

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