Kovalenko O. Law problems of free will of the parties at the conclusion,changing and termination of the employment contract.

In the thesis author investigates the law problems of free will of the parties of the employment contract at its conclusion, changing and termination. Genesis of the formation of scientific views on freedom and free will of person is considered; the 38 terms of "freedom" as a philosophical and law category, "free will" as a philosophical and law category in normative axiological aspect are defined. Freedom and free will of the parties of social and labour relations are considered in complex dimension: it's not only for economic, but also through noneconomic factors, such as respect for human dignity and honor, trust, justice, equality, social responsibility, etc. The connection between freedom, freedom of choice and right to work is described. It's shown that in the law regulation of the employment contract and social and labour relations that appears on its basis, the trend shift towards narrowing public regulation and expansion of private regulation. It's noted positive character of this trend in labor law of Ukraine, which embodies and realizes the principle of freedom of labour, proves about providing to the parties of the employment contract greater law opportunities to realize their rights and freedoms. However, author defends the position that the lack of social and law protection of the general population who earn for living by their own labor and their insecurity in future increases man's dependence from the state, and thus determines the need for public law regulation of their work as adequate way of realization of state's social function and determines the need to address the problem of balance of private and public law regulation of labour relations as one of the factors that form the free will of the parties of the employment contract and make an influence on its realization.