The dissertation provides a theoretical synthesis and a novel solution to the research task, which involves clarifying the essence and peculiarities of the legal mechanism for regulating the protection of employee rights against unlawful termination. Based on this, proposals and recommendations aimed at improving the existing legislation are developed, the norms of which are intended to regulate social relations in the relevant sphere.
The genesis of legal regulation of employee rights protection against unlawful termination is revealed, and the following stages of development of this institution are identified: 1) from the 9th to the 18th century; 2) the late 18th to the early 20th century; 3) the 20th century until 1991; 4) from 1991 to the present day (modern stage). A meaningful characterization of each of the outlined historical periods is provided.
It is noted that despite Ukraine's legal system taking an independent path of development from the 1990s, considering only the interests of its own population and domestic political and economic realities, there have still been no fundamental changes or reforms in the regulation of labor and employment relations. Confirmation of this fact is the continued validity of the Labor Code of Ukraine adopted during the Soviet era on December 10, 1971, without the adoption of a new regulatory legal document that would not only respond to contemporary challenges in the field of labor but also address the new socio-economic structure of our country.
It is argued that illegal dismissal not only changes the essence and content of labor relations but completely destroys them based on grounds and conditions that are not directly defined in the norms of general and/or special labor legislation. As a result of such actions, a person effectively loses the ability to properly exercise the right to work granted to them by the Constitution and laws of Ukraine, and consequently, the ability to earn a living. This is unquestionably a particularly dangerous factor that affects not only the legal but also the social status of the individual, their financial situation, and so on.
It is noted that the important role of protecting the rights of workers from unlawful dismissal is revealed in the fact that it has an educational impact on the subjects of labor relations. The presence of protective mechanisms influences the awareness of employers and cultivates new moral guidelines that establish the necessity of respecting the rights and legitimate interests of workers, as well as the existence of levers of responsibility for their violation. On the other hand, the institution under study is a kind of indicator for workers themselves, showing that protection is possible only in the presence of a threat or actual violation of labor rights.
It is stated that the effective functioning of the legal mechanism for protecting the rights of workers from unlawful dismissal is an important aspect of ensuring and implementing the right to work guaranteed by the Constitution of Ukraine and current legislation. Elements of this mechanism include: 1) normative legal acts regulating social relations in the relevant field; 2) principles of legal regulation; 3) forms of protection; 4) guarantees and responsibility.
It is demonstrated that the current state of legal regulation of the protection of workers' rights from unlawful dismissal is ambiguous. On one hand, Ukraine has adopted a number of normative legal acts and ratified several international documents aimed at protecting workers' rights, including protection from unlawful dismissal. On the other hand, there are several problems in this field, which are caused by the following factors: firstly, the state of emergency in Ukraine and the subsequent adoption of the Law of Ukraine "On the organization of labor relations in a state of emergency," which significantly expanded the rights of employers regarding employee dismissals; secondly, the imperfections of practical mechanisms related to the protection of workers' rights; thirdly, the presence of gaps and deficiencies in procedural matters, particularly in resolving disputes over unlawful dismissals by employers; fourthly, insufficient regulation of non-jurisdictional forms of protection of workers' rights from unlawful dismissal.
It is found that the principles of legal regulation of the protection of workers' rights from unlawful dismissal represent the starting points, basic requirements, and key ideas that underlie the implementation of relevant activities. Moreover, these principles reflect the goals, directions, and prospects of the development of legal regulation of social relations in the field under study. A set of relevant principles is identified, and their substantive characteristics are provided.
