Simutina Y. Legal Facts in the Legal Regulation Mechanism of Labor Relations.

This thesis is dedicated to the comprehensive and complex study of actual theoretical and practical problems of legal facts in the legal regulation mechanism of labor relations. A thorough analysis of theoretical grounds and the development of the legal facts study in the doctrine of Labor Law have been done. The main methodological approaches to the study of the concept and structure of the legal regulation mechanism of labor relations have been determined. This mechanism was studied through the prism of its dynamics applying instrumental, systemic, structural and functional methodological approaches, which allowed to characterize the legal regulation mechanism of labor relations in general, as well as its separate components, their interconnections and interdependence within the same system. The features of this mechanism were clearly specified which allowed to clearly define the concept of “legal regulation mechanism of labor relations». For the first time legal facts were described as an independent element of the legal regulation mechanism of labor relations in their systemic relationship with the norms of law and legal relations, which are the subject of Labor Law. Conceptual foundations of legal facts doctrine in Labor Law have been defined: the concept and distinctive features of legal facts in Labor Law have been revealed, the criteria of classification of legal facts in Labor Law have been outlined; their varieties have been characterized, and on the basis of that the system of legal facts of Labor Law has been suggested. Perception of legal facts functions in the legal regulation mechanism of labor relations is improved and the content of such facts is outlined. The types of defects of legal facts and their components in Labor Law are revealed; it has been suggested to regulate the consequences of such defects through legislative acts. Specific features of presumptions and fictions as special legal constructions in the legal regulation mechanism of labor relations are determined. It is proposed to legalize the concept of secondment and the use of electronic document circulation in labor relations in the way of legislatively secure the possibility to electronically inform the employees about local rules and regulations as well as other documents related to the work activity introducing electronic ways/forms in composition of agreement and making changes to the terms of employment agreement, using electronic digital signature. The author studied legal facts that are the grounds for the origin, change and termination of legal employment relationships; which determine the dynamics of legal relations in vocational training; legal facts that are the grounds for origin, change and termination of the legal relationship between the employer and the team of employees (its representatives) regarding the preparation, signing and implementation of the terms of a collective agreement or agreements, the formation of trade unions in the enterprise, as well as legal facts in legal relationships for the solution of individual and collective labor disputes. The author defined the problematic aspects of law enforcement, related to legal facts in the mechanism of legal regulation of occurrence, transformation (change, suspension), termination and restoration of labor relations and those closely related to it, and formulated theoretically grounded suggestions on making changes and additions to the current labor legislation and the draft Labor Code of Ukraine in order to improve it.