Axic synergy in the labor law system of Ukraine: theoretical aspect
Journal: Scientific review, Науковий огляд, Научное обозрение (Vol.9, No. 72)Publication Date: 2021-01-19
Authors : M. V. Khmara;
Page : 51-80
Keywords : labour law; legal values; system-synergetic approach; law as a complex-organized system; synergy of legal values;
Abstract
The study characterizes the synergy of legal values in a system of Ukrainian labour law. The object of research deals with the synergy of legal values in a system of Ukrainian labour law and with their representation in Ukrainian legislation. The study aim is to provide the rationale for the synergy of legal values in a system of Ukrainian labour law concerning with their representation in the current legislation and aspects of prospective development. The author applies principles of system-synergetic approach and formally-legal method researching the contents of legal rules. The results of research could be used at the lecture and seminars courses of The Labour Law of Ukraine and also at further studies. Conclusions. While the analysis of legal values representation in Ukrainian Labour Law the appliance of principles of system-synergetic approach demonstrates not only hierarchical and but also functional and synergetic relations between them. The last ones give legal system emergent features that are not presented as characteristics of its constituents. The author gives the reasons for axial synergy in a system of labour law that concerns with legal values. The last ones are represented in labour law, interpreted according to the legal principles and have system-shaping function. The author states that legal values combine the rules of labour law in a single whole, coordinate legal rule with the principles of natural law, and provide its external functioning to achieve the legal aim. The study interprets legal values as a linking part between the functioning and development of society and legal system and demonstrates the coordination with the statements of system-synergetic approach. This approach concerns with legal values depending on ideal, perfectionist character serve not only as a measure of current legal rules but also an attractor of legislative progress. Basing on the analysis of Ukrainian current legislation in the sphere of labour law the author states the synergy of value of human life, dignity, freedom, equality, justice. This does not exclude further improvement of legal rules, first of all, in the implementation of the decent work conception, defining the equitable share of employees according to the results of common activity with the employer. The author presents these statements as ones that could provide employees and their families with free and decent life, achievement the equality of labour contract parties, employees and employer basing on legal parity in labour relations.
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Last modified: 2021-01-19 02:33:55