Tsyganchuk I. Judicial Protection as a Universal Form of Protection of Labor Rights and Legitimate Interests of Employees

Thesis for obtaining a scientific degree of Doctor of Philosophy in the scientific specialty 081 – Law. – National Academy of Internal Affairs. Kyiv, 2023. Thesis is an independent, completed scientific work dedicated to a comprehensive study of judicial protection as a universal form of protection of labor rights and legitimate interests of employees. In the thesis, the opinions of scholars on the concept of «the right to judicial protection of labor rights and legitimate interests of employees» have been studied and summarized, and the author's definition of this term has been provided. In formulating the definition, the elements of the right to a fair trial contained in international legal acts and interpretations provided by the European Court of Human Rights have been considered. The content of the right to judicial protection of labor rights and legitimate interests of employees is disclosed. It is proven that the right to judicial protection of labor rights and legitimate interests of employees has a complex nature, including constitutional, sectoral, procedural, and international components, which are intercomplementary. There is the scientific position substantiated that the development and improvement of the employee's right to judicial protection should occur through the implementation of both international and European standards of justice, which establish and reveal the content of the right to judicial protection, as well as international and European labor standards. It is noted that the integration of our state into the EU is impossible without taking into account international and European standards in the fields of labor and rule of law and their implementation in national legislation, as they play a significant role in the protection of human rights. It is proven that international and European standards of the employee's right to judicial protection of labor rights have a dualistic nature and are formed from international and European standards in the field of labor, aimed at ensuring fundamental labor rights of employees, and in the field of justice, focusing on procedural aspects of judicial protection.