Telizhenko O. Legal Principles of Imposing Sanctions for Violations of Labor Discipline under Ukrainian Labor Legislation

This work presents a theoretical generalization and a novel solution to the scientific task of elucidating the essence and specific features of the legal regulation of imposing sanctions for violations of labor discipline under Ukrainian labor legislation. Based on this analysis, proposals and recommendations are developed to improve the relevant provisions of current labor legislation. The conclusions contain the results of the conducted research, which are formulated as proposals and recommendations aimed at achieving the set objectives. The dissertation defines the concept and reveals the specific features of sanctions for violations of labor discipline under Ukrainian labor legislation. It characterizes the concept and identifies the types of sanctions applicable for breaches of labor discipline. The study examines the current state of legal regulation concerning the imposition of sanctions for such violations. It outlines the principles governing the imposition of these sanctions under Ukrainian labor law and analyzes the forms and methods of their application. Procedural aspects of applying sanctions for labor discipline violations are thoroughly explored. Additionally, the work provides a comparative analysis of foreign practices in imposing sanctions for violations of labor discipline, suggesting ways to adapt these practices within the Ukrainian legal framework. The following characteristics of the concept of "labor discipline" have been singled out: 1) it is essentially a set of requirements for the construction of the labor process and the rules of behavior of its parties within the enterprise, institution or organization, which is established in accordance with the provisions of the current labor legislation and the labor contract concluded between the employee and the employer; 2) this list of rules and requirements is mandatory for strict compliance exclusively for participants in social and legal relations at the relevant enterprise, institution or organization; 3) labor discipline ensures the quality, consistency, efficiency, continuity, safety and legality of the labor process; 4) violation of labor discipline has a local character and negatively affects the normal state of the work process or the material and technical base of the enterprise, institution or organization. It has been found that the principles of application of penalties for violation of labour discipline are a set of fundamental principles, initial ideas, basic principles which establish the purpose, legal nature and value of penalties for violation of labour discipline, as well as the specifics of their legal regulation and application mechanism. The author argues that the relevant principles should include: a) the rule of law principles of legality of disciplinary sanctions; b) the principle of respect for human and civil rights and freedoms; c) the principle of equality in the application of disciplinary sanctions; d) the principle of objectivity; e) the principle of appealability of penalties. Finally, it outlines directions for improving labor legislation regulating the imposition of disciplinary sanctions in Ukraine. It has been substantiated that an important issue that should be resolved as part of the improvement of labor legislation, which regulates the application of sanctions for violation of labor discipline, is the expansion of the list of disciplinary sanctions.