Oliinyk S. Legal regulation of labor discipline according to the laborlegislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100277

Applicant for

Specialization

  • 081 - Право. Право

12-02-2021

Specialized Academic Board

ДФ 26.001.073

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the complex and thorough analysis of the problems of legal regulation of labor discipline according to the national labor legislation. The legal nature of labor discipline is revealed, the nature and features of this legal phenomenon are revealed. The peculiarities of the current state of legal regulation of labor discipline have been investigated, the positive and negative aspects of modern labor legislation in this field have been investigated. It is substantiated that the liberal nature of responsibility for violation of labor discipline is manifested precisely in the comparative analysis of the legal regulation of this issue in the historical aspect. However, the significant punitive nature of sanctions for violation of labor discipline in the normative acts that preceded the current Code of Labor Laws can not be called a negative phenomenon, since the increase in punishment was due to wartime, when the need for work increased, so the state was chosen. a way of attracting additional manpower, which, on the one hand, was a compulsory measure, on the other hand, taking into account the nature of the labor relations, the corresponding raising of the level of responsibility for violation of discipline distorted the very essence of labor relations, regulating absolutely unequal position of the employee and the employer. It has been stated that labor discipline is a factor that influences the proper functioning of both labor in production and the correct interpretation and application of labor law institutions. Labor discipline is revealed through the social, economic and legal essence, and therefore its research directly influences the change of ideas in these fields of science, as well as the practical implementation through increasing the level of social, economic security and the way of legal regulation.

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