Komarnytska M. Legal regulation of termination of employment under the legislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number


Applicant for


  • 081 - Право. Право


Specialized Academic Board

ДФ 26.001.245

Taras Shevchenko National University of Kyiv


The dissertation research is devoted to theoretical and practical problems of legal regulation of termination of labor relations in Ukraine. The dissertation clarifies the concept, essence and signs of termination of employment. Peculiarities of the current state of legal regulation of termination of employment in Ukraine are determined. The list of positive and negative aspects of international and national legislation is given Termination of employment under any circumstances means the termination of all rights and obligations of the parties to the employment relationship, the conditions on which these relationships were built and always means the impossibility of maintaining the existing relationship due to the absence of one or all elements of such relations. Such termination can be in three directions - the disappearance of the object of labor relations, the content of such legal relations or the subjects of these relations. Termination of employment is characterized by the following features: - individuality, which means the termination of a specific employment relationship between specific parties, which are the employee and the employer, which depends either on the individual will of the parties to such a relationship, or on the circumstances that break or terminate the relationship between specific entities that does not affect other legal relations; that is, the termination of employment relates to the disappearance of a legal relationship exclusively between the persons between whom it arose; - normative, which means that the termination of employment is possible only on the grounds and in the manner prescribed by law; only legal norms, and not an arbitrary agreement or other norms, may determine the legal facts that lead to the termination of the legal relationship between the parties; termination of employment on other grounds and without a specific procedure entails the recognition of their termination illegal; - informativeness, which means that the termination of employment carries information about the state of legal relations, namely that they are at the stage of completion; such information can be both purely informative and affect other types of relationships (for example, social insurance relationships, pensions, tax relationships, etc.); - impossibility of succession and resumption of employment, which was terminated on legal grounds; - sufficiency of the disappearance of one of the elements of the employment relationship (subject, object, content) to terminate the existence of others, and hence the legal relationship as a whole, if the termination of the relationship is a prerequisite for termination of the employment contract; labor relations can take place only in the aggregate presence of all its elements and can not exist without any of them, so the disposal of at least one element has the effect of terminating the entire relationship; - may be manifested as a prerequisite for termination of the employment contract, and as a legal consequence of termination of the employment contract; if the priority is the fact of termination of employment (for example, if death of the employee, liquidation or termination of the employer), this is the reason for termination of the employment contract; if the termination of employment was preceded by the termination of the employment contract (due to its termination, expiration), it is a consequence of the termination of the employment contract; - conditioned by the previous emergence and existence of certain legal facts; - termination is possible in respect of those relations that have begun to be realized; in order for the relationship to take effect, the person must begin to perform the work, before this has happened, the employment relationship does not actually take effect, does not arise, and therefore cannot be terminated; therefore, the category of “termination” may relate only to what has arisen; - cancellation, which means that from the moment of termination of employment all agreements between the parties are canceled, first those formally defined in the employment contract, there is an actual termination of work by the employee, termination of subordination to internal labor regulations; - formal certainty, which means that the end of the relationship is always formalized by issuing an appropriate act of individual action (on the release of the person). That is, the termination of legal relations is always fixed in the legally defined form;


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