Voitsyshena O. Legal regulation of employee liability under labor legislation

In the dissertation, the researched goals of legal responsibility in labor law make up the following system: 1) common law goals of legal responsibility in labor law; 2) special goals of legal liability in labor law; 3) optional goals of legal liability in labor law. Defined functions of legal responsibility in labor law - as the main directions of influence of legal responsibility on relations in the sphere of labor, behavior of subjects of labor relations and derivative relations, legal awareness, culture and discipline of labor, which reveal its legal essence, social purpose, as well as, through which the main goals of legal responsibility in labor law are achieved. The set of functions of legal responsibility in labor law consists of the following: 1) preventive function (expressed in preventing the commission of new offenses in the field of labor law at this moment in time and in the future both by persons guilty of offenses and by potential offenders); 2) educational function (influences the will and consciousness of the violator of labor legislation and potential violators of the legislation in order to instill in such persons psychological attitudes and value orientations for lawful behavior); 3) punitive (penal) function (the direction of the legal impact of the norms of legal responsibility on the subjects of labor law violations, which is expressed in the conviction of the violator, deprivation of property and/or non-property); 4) law-enhancing (compensatory) function (direction of legal influence on violated labor relations with the aim of their restoration and regularization); 5) organizing (regulatory) function (the direction of legal influence on labor relations in order to ensure the normal functioning of the mechanism of legal regulation, in order to prevent an undesirable variant of the behavior of the subjects of legal relations). Two approaches to disciplinary responsibility as a phenomenon are emphasized: positive and negative. Earlier sources refer to the prospective and retrospective meaning of responsibility, in fact they are identical to the first mentioned. The existence of two independent aspects of responsibility is not denied, attention is drawn to their dialectical connection, inseparable existence and interaction with each other: the higher the level of disciplinary responsibility in a positive sense, the less often negative disciplinary responsibility occurs.