Kuzmenko V. Judicial practice and legal custom in the system of sources of labor law of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101414

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

30-04-2021

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to a thorough, comprehensive and complex analysis of the issues of judicial practice and legal custom in the system of sources of labor law of Ukraine. The paper clarifies the scientific interpretations of judicial practice in the system of sources of labor law and legal custom in the system of sources of labor law of Ukraine. The role, essence and significance of each of these legal phenomena in the system of sources of labor law of Ukraine are described. The types of legal customs in the labor law of Ukraine are studied. The classification of functions of legal custom in modern labor law of Ukraine is determined. The place of judicial practice of the Supreme Court of Ukraine in the system of sources of labor law of Ukraine is revealed. Peculiarities of decisions of the Constitutional Court of Ukraine as a source of labor law of Ukraine are determined. The problems of judicial practice in the system of sources of labor law of Ukraine are singled out and the ways of their solution are offered. The list of directions of optimization of judicial practice in the system of sources of labor law of Ukraine is given. The complex theoretical and practical problems of legal custom in the system of sources of labor law of Ukraine are pointed out. The tendencies of further development of legal custom in the system of sources of labor law of Ukraine are determined and the content of each of them is detailed.

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