Abdel Fatakh A. Legal regulation of minors in Ukraine and abroad: comparative and legal analysis

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100356

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

06-06-2023

Specialized Academic Board

ДФ 11.737.026

Donetsk State University of Internal Affairs

Essay

The dissertation examined the issue of legal regulation of minors' labor both in Ukraine and abroad by means of the comparative-legal analysis of normative-legal base and scientific approaches of scientists of different countries, taking into account the peculiarities of the legal status of minors as subjects of labor legal relations; ways of realization of the right of underage employees to work and guarantees of protection of this right at the international and national level are defined; some promising directions of improvement of the current legislation in the investigated legal relations are defined. The definition of the term "minor person as a subject of labor legal relations" is proposed - a person who, according to the legislation, has not reached the age of full civil efficiency, but has a proper level of intellectual, physical and mental development, which is sufficient for free exercise of the possibility to personally perform the labor function realizing their subjective rights and legal obligations. In the context of the problem under investigation, the legal status of a minor is proposed as a system of statutory rights, duties and interests of a minor, which, according to the available volume of legal personality, reflects its actual situation in labor legal relations. The main problems of ensuring the legal status of minors in the system of labor relations regulation were summarized and characterized: Globalization problems affecting the dynamics and movement of the legal status of minors; The problem remains the question of determining the legal status of legal representatives (parents, guardians), care and care bodies in labor relations with the participation of workers who have not been 18 years old; imperfect regulation in the national system of labor law of the legal status of minors; the issue of ensuring the legal status of minors in the system of regulation of labor relations, etc.

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