Kaplin S.M. Constitutional and legal support of trade unions in Ukraine in the context of foreign experience. - Qualifying scientific work on the rights of the manuscript.
The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 «Law». - Academy of Labor, Social Relations and Tourism, Kyiv, 2021.
It is emphasized that a comprehensive analysis of the constitutional regulation of the right to join trade unions in different countries of the world revealed that international standards are not always embodied in national constitutions, as some of them contain very concise wording (Belgium, Hungary, Netherlands, Monaco, Liechtenstein, Japan, Georgia, Latvia, etc.) referring to sectoral legislation, and others contain a fairly detailed regulatory mechanism (Turkey, Poland, Morocco, etc.).
In some states, the constitutional level either does not enshrine the right to join unions at all (the Constitution of the Kingdom of Denmark, the Constitution of the United States of America) or contains a reference to the relevant law (eg Article 34 of the Constitution of the French Republic stipulates that the law rules on labor law, trade union law and social security).
The right to association is enshrined in the constitutions either for citizens or for each person, the following constitutional formulations can be found: 1) exclusively for citizens (Germany, Greece, Sweden, Belgium, Ireland, Lithuania, Ukraine) or for citizens who have acquired citizenship by birth (Monaco only by Monegasques, Guatemala only by Guatemalans by birth); 2) for each (Spain, Poland, Azerbaijan, Armenia, Belarus, Latvia, Turkey, Switzerland, Estonia), for any person (Monaco), for all (Georgia), for employees (Portugal).
It is proposed to define social partnership as a state of socio-political relations in a democratic socially oriented state, aimed at strengthening constitutional guarantees, meeting public needs, maintaining a balance of interests between employees, employers and the state in terms of social dialogue.A distinction is made between the legal categories "social partnership" and "social dialogue", which are correlated as a result and a process.
The analysis of domestic and foreign experience allows us to conclude that today Ukraine should borrow a cross-sectoral model of social dialogue in the format of tripartism, but in the future should promote the involvement of a wider range of civil society in order to transform and move towards a more democratic model. multipartism (tetrapartism).
It is proposed to define a trade union as a subject of constitutional legal relations, which means a voluntary, non-profit, self-governing, independent organizational and legal form of labor and socio-economic constitutional human rights, representing and protecting group professional interests of its members through their combination and coordination with others parties to social dialogue.
It is proposed to classify the functions of trade unions according to several criteria: 1) by areas of interaction with public authorities and civil society (representative, human rights, political and legal, public control, mediation (mediation); international cooperation; 2) by areas of public relations, social, political, economic, ethical-educational, ideological (spiritual-cultural), informational, ecological, integration and others); 3) by the nature of system interaction (internal and external); 4) by ways of influencing social relations (active (explicit), passive (latent, hidden), aggressive); 5) on the methods of protection and defense of employees' rights (law enforcement, human rights protection, law enforcement, law enforcement).
The necessity of research of the mechanism of interaction of trade unions with institutes of public power and civil society to carry out in the direction of realization of representative, human rights, political and legal, mediative and other functions of trade unions is substantiated.
Key words: trade unions, civil society, social partnership, social dialogue, constitutionalism, constitutional mechanism of public power, constitutional legal relations.
