MAIN STAGES OF THE HISTORICAL DEVELOPMENT OF THE LABOR LEGISLATION SYSTEM OF UKRAINE

Nataliia OBUSHENKO, Volodymyr KYIAN

OBUSHENKO N, KYIAN V. (2023), MAIN STAGES OF THE HISTORICAL DEVELOPMENT OF THE LABOR LEGISLATION SYSTEM OF UKRAINE; Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, № 2, 70-76

DOI: 10.31733/2078-3566-2023-2-70-76

 

ABSTRACT. The article reveals that the labor legislation of Ukraine developed rather unstable, which was connected with which state our country was part of at a certain historical stage. The article highlights that the Labor legislation of modern Ukraine is characterized by certain instability and contradictions in the field of economic feasibility of production, the interests of employers with their desire to have the maximum result at minimum costs, with the social needs of workers and their desire to have the necessary legal guarantees. The article examines that the current socio-economic and political conditions that have developed in our country, as well as the emergence of new professions and increased labor mobility of citizens, require the legislator to find new means to regulate labor and related legal relations. One of these means is the systematization of labor legislation, because today Ukraine is almost the only post-communist country that uses the Code of Labor Laws, adopted back in 1971.

Despite the fact that a number of amendments and additions have been made to this normative legal act over the course of fifty years, it still has a considerable number of gaps, because most of its norms are outdated and do not correspond to existing realities. The article analyzes that the historical and legal studies of legal scholars, which relate to the causes of the origin, essence and purpose of the legislative regulation of social relations in the sphere of hired labor, as well as the trends of its development during an almost century-long period, became the scientific basis for a fundamental conclusion about the independence of the field of labor law in the national legal system. The article states that the new stage of development of labor legislation of Ukraine begins in 1991, when our country was recognized as an independent state. Since then, more than 100 changes have been made to the Labor Code, which were due to the transition of Ukraine to a market economy, which required the dominance of contractual regulation of social relations in the sphere of hired labor. The article highlights the main stages of the historical development of the labor legislation system of Ukraine. The article highlights that the labor legislation of Ukraine developed rather unstable, which was connected with which state our country was part of at a certain historical stage. The labor legislation of modern Ukraine is characterized by certain instability and contradictions in the field of economic feasibility of production, the interests of employers with their desire to have the maximum result at minimum costs, with the social needs of workers and their desire to have the necessary legal guarantees.

Keywords: socio-economic and political conditions, regulation of labor and related legal relations, systematization of labor legislation, normative legal act, improvement of labor legislation, historical and legal phenomena, prerequisites for the formation of labor law, regulation of labor relations, regulation of labor the activities of workers, the Labor Code of Ukraine, the socio-economic stability of the state, the social needs of workers.

    References:

  1. Krestovska, N. M. (2008) Yuvenalne pravo Ukrainy: henezys ta suchasnyi stan [Juvenile law of Ukraine: genesis and current state] : dys. … d-ra yuryd. nauk : 12.00.01 / Odeska natsionalna yurydychna akademiia. Odesa. 468 р. [in Ukr.].
  2. Telipko, V. E., Dutova, O. H. (2009) Trudove pravo Ukrainy [Labor law of Ukraine] : navch. posibnyk ; za zah. red. V. E. Telipko. Kyiv : Tsentr uchbovoi literatury. 456 р. [in Ukr.].
  3. Dmytrenko, Yu. P. (2009) Trudove pravo Ukrainy [Labor law of Ukraine] : pidruch. Kyiv : Yurinkom Inter. 624 р. [in Ukr.].
  4. Marynych, L. V. Stanovlennia trudovoho prava Ukrainy na pochatku XIX stolittia [Formation of labor law of Ukraine at the beginning of the 19th century]. Yurydychna liniia. URL: http://www.lex-line.com.ua/?go=full_article&id=893. [in Ukr.].
  5. Beschastnyi, V., Shkliar, S., Fomenko, A., Nalyvaiko, L., Obushenko, N. (2019) Place of Court Precedent in the System of Law of the European Union and in the System of Law of Ukraine. Journal of Legal, Ethical and Regulatory Issues. № 6. рр. 1–6.
  6. Muzychenko, P. P. (2007) Istoriia derzhavy i prava Ukrainy [History of the state and law of Ukraine] : navch. posibnyk. 6-te vyd., pererob. i dop. Kyiv : Znannia. 471 р. [in Ukr.].
  7. Podorozhnii, Y., Obushenko, N., Harbuziuk, K., Platkovska, O. (2020) Legislative regulation of grounds for dismissal of an employee for committing a corruption or corruption-related offense. Amazonia investiga. Vol. 9. No. 26. рр. 304–310.
  8. Trudove pravo Ukrainy: Akademichnyi kurs [Labor law of Ukraine: Academic course] : pidruch. dlia stud. yuryd. spets. vyshch. navch. zakl. / P. D. Pylypenko, V. Ya. Burak, Z. Ya. Kozak ta in. ; za red. P. D. Pylypenka. 2-e vyd., pererob. i dop. Kyiv : In Yure, 2006. 544 р. [in Ukr.].
  9. Yarovoi, T., Dabizha, V., Bondarenko, O., Shestakovska, T., Kropyvnytskyi, R. (2022) Diplomatic relations of Ukraine with the EU in the sphere of security and in relation to candidacy. Amazonia Investiga. No. 11(55). рр. 50–59.