Latysheva V. Legal regulation of social leave under the legislation of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U101052

Applicant for

Specialization

  • 081 - Право

14-12-2023

Specialized Academic Board

2709

Sumy National Agrarian University

Essay

The dissertation is devoted to a comprehensive study of the legal regulation of social leave under the legislation of Ukraine in the new economic conditions and social policy of the state, as well as the implementation of the sustainable development goals, in accordance with the UN plan to achieve a better future, as well as the Decree ofthe President ofUkraine of September 30, 2019 No. 722. The scientific novelty of the obtained results lies in the fact that the dissertation work is one of the first studies of the legal regulation of social leave under the conditions of a market economy, in which on the basis ofmodern methods of cognition, the achievements of domestic and foreign jurisprudence, foreign and national legislation the content and peculiarities of regulation and practical implementation ofthe right to social leave is revealed. Thus, the author’s concept of social leave is defined, a new classification of social leave is considered, the feasibility of the ground expanding for granting social leave to employees who combine their professional activities with family responsibilities as a factor in renewing the country's future labor potential is formulated, social leaves without salary as a special type of social leave are considered. It is proposed that under the new economic conditions, when the state is no longer the sole owner of the production means, some aspects ofthe social leave provision can be decided by the feasibility of the ground expanding for granting social leave to employees who combine their professional activities with family responsibilities as a factor in renewing the country's future labor potential is formulated, social leaves without salary as a special type of social leave are considered. It is proposed that under the new economic conditions, when the state is no longer the sole owner of the production means, some aspects ofthe social leave provision can be decided by the employer, both unilaterally and during implementation of a collective bargaining agreement. The labor legislation of the European Union contains many norms of social purpose, the application experience of which can be positive for this country. Especially valuable is the experience of regulating social leave accumulated by the International Labor Organization, which has carried out extensive rule-making work on the consolidation and development of social leave as a part of the protection of labor rights ofworkers. Therefore, the modern period of development of the state and society puts forward new requirements for the socialization of the norms of national labor legislation, especially for workers with family responsibilities, taking into account positive foreign experience and the need to implement the goals of sustainable development of Ukraine for the period up to 2030. To achieve this goal, it is necessary to systematize and summarize the current legislation on the provision ofsocial leave, provide a legal definition ofsocial leave, as well as the appropriate classification ofsocial vacations with the grounds for their granting and and present them as a separate section of the Law of Ukraine "On Vacation". In addition, the new economic conditions require the expansion of the legislative possibilities of local rulemaking to provide social leave, as well as other social benefits to employees with family responsibilities.

Research papers

Латишева В.О. Поняття та значення відпусток у трудовому праві України. Соціальне право. 2019. №2. С.169-173.

Латишева В.О. Зарубіжний досвід правового регулювання соціальних відпусток. Право і безпека. 2020. №1. С.26-31.

Латишева В.О. Порівняльна характеристика соціальних відпусток: національний та міжнародний досвід. Приватне та публічне право. 2022. №1. С.38-43.

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