The dissertation establishes that the right to work is one of the important social and economic rights of the citizen, guaranteed by the international legal acts and the Constitution of Ukraine, which enables each person to support himself or herself by the means he or she chooses or is willing to use. The right to work is one of the many challenges to the realization of the rights of the individual – the State must not be obliged to make this right more explicit by enacting legislation and regulations to protect this right, It should also address the various approaches to its implementation.
The author concludes that the use of violence as a means of labor or as a means of work is a violation of the fundamental rights of the human person. Freedom of labor is an absolute right, addressed to an unknown number of individuals (as well as the right to property, the right to life and other constitutional rights of the individual and the citizen). As an absolute right, this right has priority over other rights that form part of the comprehensive right to labor.
The position has been formulated with regard to article 8 of the International Covenant on Civil and Political Rights of 1966, which states that access to forced or compulsory labor is a violation of the fundamental rights of human beings. Freedom of labor is an absolute right, addressed to an unknown number of individuals (as well as the right to property, the right to life and other constitutional rights of the individual and the citizen). As an absolute right, this right has priority over other rights that form part of the comprehensive right to labor. Freedom to work is thus one of the fundamental rights of human beings, inalienable and inalienable by its nature, as are freedom of speech, freedom of thought, freedom of expression, etc. A man deprived of freedom of labor is transformed into a slave, in fact he loses his human unity. In other words, the essence of mankind, from the point of view of securing his material existence, is laid down in his ability to work, and from the point of view of his social development, it is his freedom.
On the basis of an analysis of the concept of «persons of concern» in paragraphs 1 to Art. 364 of the Criminal Code of Ukraine, the author concludes that a «servile person» is regarded as a person who is engaged, as a rule, in a conscious activity (i.e., he does not produce material goods on his own) by performing specific tasks: organizational, marketing, research, etc., and occupies a position related to the performance of organizational-orderly or administrative-managerial functions, or performs such functions for special renewal. The following can be said about the notion of a «landed person», if the legal status of a landed person is a set of rights and obligations established by law, then the legal status of the local self-governing bodies is manifested in the rights and legal obligations of the local self-governing body from one side, and is the basis for the exercise of the administrative functions from the other side. In other words, the post-ordinary obligations define the scope of the service rights and obligations which create the conditions for their exercise.
The dissertation takes the position that the definition of the concept of a local government official has the following basic features: firstly, it is the work itself in the bodies of local self-government; secondly, it is the position occupied by the person and which has the right to perform managerial (organizing and ordering functions) and advisory (consultative and advisory functions) activities; the receipt of payment for its activities from the municipal budget.
It is proposed to designate the bodies of municipal self-government as representative bodies of public authority, which, in accordance with the law, represent the interests of territorial communities, under their own responsibility manage the affairs of municipal significance within the limits of the Constitution of Ukraine and the laws of Ukraine.
It is proposed to define «posada» as created in the punitive order by legal acts of competent bodies prescribed by the legislation of Ukraine with the designation of the name, the structure and staff schedule of the primary structural unit of the bodies of local self-government with the establishment of its competence in the form of power responsibilities for the performance of the tasks and functions of local self-government and responsibility for the performance of these responsibilities.
