Kryvenko D. Legal regulation of labor disputes in Ukraine.

The dissertation research is devoted to the theoretical and legal bases of legal regulation of labor disputes in Ukraine. An analysis of the scientific interpretation and theoretical and legal characteristics of labor disputes. It is established what are the features of the current state of legal regulation of labor disputes. The issue of mediation as a way of resolving labor disputes is studied. The content, concepts and features of mediation as a way of resolving labor disputes are defined. A comparative legal analysis of mediation and other ways of resolving labor disputes is carried out, their common and distinctive features are highlighted. The analysis of the positions of scientists showed that this issue is generally considered the same, but some features of the labor dispute may be interpreted differently. Based on the analysis of scientific sources, we have identified the following causes of labor disputes: 1) labor disputes may arise due to ignorance of one of the parties that its actions or omissions violate the terms of the employment contract, local regulations, labor legislation, as well as adversely affect the rights and interests of the other party to the employment relationship; 2) another cause of labor disputes is a deliberate violation by one of the parties to the employment relationship of the employment contract, local regulations, labor legislation, which negatively affects the rights and interests of the other party to the employment relationship; 3) labor disputes may arise for reasons that do not depend on the parties to the employment relationship - the shortcomings of labor legislation, the difficult economic situation of the state and so on. The following features of the labor dispute are highlighted: 1) arise from a conflict between the parties to the employment relationship; 2) the subjects of labor disputes are persons who are employed, employees, trade unions or other bodies authorized by employees, and the employer, organizations (associations) of employers; 3) a labor dispute may be settled by negotiation, and as a result of the absence of such a settlement may be referred to the relevant jurisdiction, or to the general courts; 4) the legislation provides for a special procedure for resolving labor disputes. The labor dispute resolution system in Ukraine provides for different procedures for resolving individual and collective labor disputes. The norms that form the existing system of protection of labor rights and interests of employees are established in international, legislative and judicial acts, which complicates their law enforcement, and the envisaged procedure for labor disputes is so complex that exercising your right to protection of labor rights and interests is not easy task. It is substantiated that the characteristic features of the norms of ILO conventions among the sources of legal regulation of labor disputes are: 1) their priority over other acts of national labor legislation with the exception of the Constitution of Ukraine; 2) they create a legal basis for improving labor standards in the national economy; 3) ILO conventions contain the achievements of the international community, as they are developed by specialists in the field of labor and approved as a result of discussions at tripartite conferences with the participation of representatives of ILO member countries;