Amelicheva L. Paradigm of legal regulation of decent work in modern conditions of development of labor legislation.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100059

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

16-12-2020

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The dissertation research is devoted to a systematic and comprehensive theoretical analysis of the concept of decent work, the development of a paradigm of legal regulation of decent work in modern conditions of labor law development, and the disclosure of the essence of the modern model of legal regulation of decent working conditions. The thesis classifies the stages of formation and development of the right to decent work, starting from "antiquity" and ending with the present. Special attention is paid to the disclosure of the main methodological approaches to the study of the legal nature of decent work and its components (full, productive, freely chosen and fair employment; labor rights and the prohibition of discrimination; social protection; social dialogue). It is established that ensuring decent work in Ukraine depends on the functioning of a complex, effective model (system) of legal regulation of social and labor relations at a certain historical stage, when our state strives to achieve sustainable environmental development. The first element of such a system – the basic model of legal regulation of decent work in modern conditions – is a public model that reflects the interests of the entire society. The second element of the modern model of legal regulation of decent work is an additional model of private law regulation, which is essentially contractual, reflecting the will of legally equal participants in social and labor relations. The influence of differentiation of legal regulation of the components of decent work on overcoming its deficit in modern conditions of development of labor legislation and the formation of an information and Innovation society is studied. The thesis substantiates the expediency of introducing amendments and additions to the current labor legislation of Ukraine in order to increase the level of decent working conditions for employees and achieve sustainable environmental development.

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