Slusar A. The subjects of labor law in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0512U000073

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

23-12-2011

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

Respondent comes from the fact that the category of "subject of law" combines the three socio-legal signs - sociality, personality and legal status. Sociality reflects the character of a person functioning in society and is associated with the conversion factor of interest in the subject of the action with the knowledge of reality. It is due to the active nature of individuals and entities, contradiction between the objective conditions of existence and needs of individuals and aims to eliminate discrepancies between the needs and conditions of being the subject of law. Sociality characterizing a person as part of a society dependent on it, subordinate to him, deterministic external social mechanisms. In actual fact not the same nature, not society, but the state determines: (a) who and under what conditions may be subject to law, and therefore a party relationships and (b) what features of the subject should have. Only legislation can be established and recognized by a specific set of legal property that allows a person to become the subject of law. This set is called the term "legal personality". It is a prerequisite for legal status of the subject of law. Values-to the classification of subjects of labor law (recognizing individual's higher socio-legal value) brings us to the fundamental principle of law, to its true source - the people, legal quality which is the real substance of which are created, formed all entities including the country and its organs. Person is the source of all law. The entities of the labor law of Ukraine include: (a) a primary subject of employment law - employee, (b) the main subject of employment law - employer, (c) derived from the subjects of labor law officer (the person looking for work ; disabled person who has received industrial injury or occupational disease, plaintiff or defendant in court, etc.). Legal figure these people have no independent meaning and is followed by a legal person or employee, or a consequence of the existence of the person as an employee, (d) the official agents of labor law (public authorities, trade unions, private employment agencies, commission on labor disputes, conciliation Commission, labor arbitration, etc.). Their essence is that these legal entities aimed at the maintenance worker and employer functioning as full participants in the field of labor relations.

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