Hostiuk O. The nature of the right to work.

The thesis is devoted to the research of complex and systematic analysis of the disclosure of the essence of the right to work and its special features that are acceptable to the present economic conditions of state management and on this basis the introduction of appropriate proposals and recommendations for improvement of the labour legislation of Ukraine. The dissertation offers a new look at the problem of the ideological and conceptual basis of the right to work in the modern terms. The interdependent and interrelated nature of the combination of the right to work with other human rights by virtue of its natural character is substantiated. It has been proved that the right to work is a fundamental right in the system of fundamental human rights, which is not limited exclusively to work, which falls under the rules of labour law, and the implementation of the relevant law covers not only working as a process, but also a complex of legal possibilities for the realization by people of their natural ability to work and an optimally favourable environment in which the fulfilment of such a right is carried out unimpeded, and in the case of a violation - effective protection with the aim of restoring the violated right is provided. It is established that the nature of the right to work is the subject of a long discussion that took place among scholars during the Soviet period, and which finds its continuation in the works of representatives of the current science of labor law. As a consequence, the interpretation of substantive content of the relevant law has gone a long way, and the key to this process is the political situation in the country and the legislative position caused by it. It is acknowledged that there is no unambiguous approach in understanding the nature and essence of the right to work, but the prevailing today are two basic concepts of the understanding of the essentiality of the right to work. The first concept is based on the understanding of the right to work as an element of legal capacity, the second - as a subjective right. Given the coexistence of varying differing approaches to the conceptualization of its nature, it is proposed to define the right to work taking into account the conception of modern labour law and the importance of work that it plays in the life of each person. In view of this, it is stated that "the right to work as a subjective human right" is the right of guaranteed subjective-individual choice, based on the legally ensured possibility of an individual to realize his natural ability to work by entering into employment or the opportunity to refuse from the exercise of the right to work, which is not the basis for the application of legal liability measures to such an individual. It is stated that work is the basis of human existence, and life without work - life in a purely biological aspect is physical existence. It is emphasized that work affects the level and quality of life and is the functional basis of a "decent life". In turn, the concept of "decent work" solves the question of the relationship between the right to work and the right to education. It is found that education, as a rule, acts as a way to implement the right to work in the sphere of legal labour life and as a quality criterion for its provision, since the work process requires improvement, increasing of qualification and obtaining the necessary professional experience. A dignified life for everyone, development and self-realization of the individual are impossible without work as such. This statement is the basis for characterizing the interdependent interconnection of life and employment.