Kailo I. Concepts of supervision and control over observance of labor legislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U102045

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

29-09-2021

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The concept, essence and signs of supervision and control over observance of the labor legislation of Ukraine are investigated. It is established that labor legislation is a logically ordered, coordination and hierarchical system of current regulations that comply with the Constitution of Ukraine and that regulate labor relations and related to them in order to regulate, ensure and protect the rights of their participants. It is concluded that supervision is a systematic monitoring activity carried out by authorized public authorities and public formations in order to ensure compliance with the rule of law by legal entities. It is summarized that control is the activity of authorized public authorities to protect the rights and interests of the population by checking compliance with the law, stopping violations of rights and interests, as well as bringing to justice. The positive and negative aspects of the current state of legal regulation of supervision and control over compliance with labor legislation of Ukraine are analyzed. The study of the tasks and functions of supervision and control over compliance with labor legislation of Ukraine revealed that control over supervision is an interdependent concept in the context of clarifying the issue of compliance with labor legislation. The impact of control and supervision on labor relations is not limited to inspections, but is a tool for ensuring trust between public authorities and the workforce, balancing the rights and responsibilities of the employee and the employer. The study of the principles and guarantees of supervision and control over compliance with labor legislation of Ukraine allowed to open this institution as one of the main tools for maintaining the democratic vector of development of public administration in the social and labor spheres. For its part, the study of guarantees of control and supervision of compliance with labor legislation illustrated the lack of their legal definition, the lack of systematic action of guarantees, which significantly affects the results of control and supervision, reduces their effectiveness. The system of bodies supervising and controlling the observance of the labor legislation of Ukraine is analyzed. The legal status of the State Labor Service of Ukraine as a central executive body that implements state policy in the field of supervision and control over compliance with labor legislation has been studied. The analysis of the constituent elements of the legal status of the State Labor Service shows that this body is key in the process of coordination of control and supervision measures, ensuring their effectiveness. The delimitation of the competence of the bodies supervising and controlling the observance of the labor legislation of Ukraine and their interaction are analyzed. It is established that the competence of the bodies of control and supervision over the observance of labor legislation allows to cover the maximum number of types of labor activity and to ensure labor protection and hygiene. The division of competence between control and supervision bodies allows for professional supervision and control of even the most technologically complex issues, such as the use of nuclear energy, radiation safety, and work with potentially hazardous materials. Types of supervision and control over observance of the labor legislation of Ukraine are investigated. It is concluded that the control and supervision of compliance with labor legislation can have a large number of manifestations and types, which are often interdependent and complementary. Measures of supervision and control over observance of labor legislation of Ukraine are analyzed. The study concludes that measures to control and supervise compliance with labor legislation are insufficiently differentiated at the legislative level, which leads to the use of different terminology, violation of common principles of control and supervision, impairs the level of coordination between subjects of control and supervision. The specifics of liability for violations of labor legislation have been studied. Disciplinary and material liability is applied exclusively within the employment relationship, but may require the involvement of a court in case of misapplication of measures of influence. At the same time, court participation is mandatory for civil and criminal liability.

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