Velychko L. Scope of labor law of Ukraine in the conditions of European integration

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U002724

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

27-11-2018

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The thesis has developed the concept of the scope of labor law, which lies in the fact that in addition to relations that constitute the subject of labor law, the latter also has subsidiary influence (exclusive, additional, selective) on the legal relationship, which simultaneously fall within the scope of other law branches, when it is due to their nature and the will of the legislator. It has been first justified that the exclusive use of labor law is that the norm of a special law contains a provision that refers to the application of labor legislation in cases not regulated by this law. Selective application of labor law is based on the fact that only certain aspects of the relationship fall within the scope of labor law. According to the general rule, these are guarantees for employment, occupational safety, women labor, young people and people with disabilities, which are provided in the manner prescribed by labor legislation. The additional use of labor law is based on the fact that relations on the use of labor are regulated by other law branches, but from this circle of relations some of them fall within the scope of labor law, which is due to the peculiarities of the status of certain categories of subjects (for example, regulation of the relations in the area of farming).

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