Kupina L. The effectiveness of labour law of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101872

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

20-09-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

In the work on the basis of the complex analysis of the available scientific and normative sources the conceptual model of maintenance of effectiveness of norms of labour law in the conditions of realization of European integration processes in Ukraine is substantiated, the problems of its normative consolidation and practical implementation are singled out, and also offers on improvement of the current legislation in this sphere and practice of its application are formulated. The genesis of the concept of the effectiveness of legal norms is characterized. The methodology of research of effectiveness of norms of labour law is defined. The correlation of the concepts of effectiveness of labour law, effect iveness of labour law norm and effectiveness of labour legislation is established. The types of effectiveness of labour law norms are characterized. The conditions and criteria for the effective operation of labour law are established. The interrelation of the purposes and results of action of norms of the labour law is defined. Features of effectiveness of realization of norms of the labour law are characterized. The problems of strengthening the effectiveness of norms that ensure the implementation of the principle of freedom of labour and the prohibition of forced labour are outlined. The problems of improving the effectiveness of norms that ensure equality of rights in the exercise of the right to work and identify areas for overcoming them. The directions of improvement of the norms that ensure the implementation of the principles that guarantee a decent wage and protection of the rights of the subjects of labour relations are identified. The directions of ensuring the effectiveness of the norms ensuring the protection of labour rights are established. It is reasoned the expediency of development and adoption of the Concept of ensuring the effectiveness of labour law, which should be the basis for determining the provisions of the National Strategy for the Right to Decent Work in Ukraine for 2021-2031, the content of which should consist of two sections, where: in the first section should be established the general provisions of its implementation, determined the essence of the main regulated concepts, substantiated the purpose, objectives of the Concept, described the problems, the solution of which is associated with its introduction into the national legal space; the second section should identify areas for its implementation, including doctrinal, regulatory, educational and organizational.

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