Concept and essence of the principle of legal regulation of remunerationJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 7)
Publication Date: 2016-11-26
Authors : Dovbish K. K.;
Page : 68-73
Keywords : principles of law; remuneration; principles of legal regulation of remuneration;
The concept is the result of mass generalization of single events when the person is distracted by non-essential features, focusing on the main measures that (a) must include the phenomenon and the last one couldn't exist without these measures, (b) express the specific nature of the phenomenon thereby distinguishing it from other phenomena, species and genera. Thus, the concept is a reflection of people's minds essential features of reality, perceptions of their properties. Analysis of recent research. In past two decades the scientific works of many labor law scientists contain obscure meaning of definitions that, consequently, caused fair indignation of practitioners ? consumers of relevant scientific production. ?Practice shows that a patchwork of definitions in the scientific treatment often leads to misunderstandings and erroneous conclusions especially in legislation?, ? K. Belyakov rightly observes. V. Lukashevich defines the issue of regulation and regimentation of scholars' and practitioners' legal language and legal vocabulary as one of actual scientific problem. In this case, we should agree with A. V. Kaplina, she proposes to distinguish (1) the concept of law field and (2) the concept of legal science. The first are in the texts of laws and other legal acts, the second ? in the scientific literature. Law and science operating by concepts disclosed by definition. The need for clear and obvious labor-legal concepts is obvious, because as O. S. Pashkov says: ?... the labor law provisions are generally not clear about the range of law enforcement subjects and their competence and also such provisions do not regulate the law enforcement procedure that naturally leads to unjustified ?discord? in the law enforcement practice, and often to violations of the law?. Article's main body. The principles are social phenomena: its occurrence is caused by the needs of social development and they have shown the patterns of social life [8, p. 41]. Excluding these significant moments it's impossible to explain and understand the principles for special consistent harmonization of human activity with the requirements of objective social laws. This fully applies the principles of law ? a particular manifestation of general social principles of the legal system. The legal provisions (opposed to principles) have a relatively short life; they do not develop ? they supersede or replace by other standards. The principles remain relatively static. Principles are durable part of law constitute, not the provisions. The law provisions are the abstract model of real relationships. In terms of functionality, they are the means of formalizing of objectively existing social relations. Conclusions. Given the abovementioned, we believe that the principles of legal regulation of remuneration should be interpreted as guiding principles that define the nature and extent (secured by measures of state coercion) of influence of special legal measures to the behavior of employees and employers to align their rights and interests in the implementation of their constitutional right to remuneration. These principles in concentrated form reflect the patterns and dynamics of relations on remuneration, and by its content they are mandatory and unconditional. Their main its purpose is to ensure the unity and stability of legal regulation in this area.
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