THE LEGAL GUARANTEES FOR THE REALIZATION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE FIELD OF LABOR RELATIONS IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 59)Publication Date: 2023-01-31
Authors : Dyachenko Olha;
Page : 89-94
Keywords : field of labor relations; labor relations; legal guarantees; persons with disabilities; realization of subjective rights; social security;
Abstract
The article aims to clarify the content of legal guarantees for the realization of the rights of persons with disabilities in the field of labor relations, in accordance with current legislation in Ukraine. It is suggested to divide the relevant legal guarantees into two main categories: general (relating to the realization of subjective rights in labor relations) and specific (relating exclusively to persons with disabilities). Specific legal guarantees for the realization of the rights of persons with disabilities in labor relations include four main subcategories: regulatory, status, instrumental, and enforcement. Regulatory and legal safeguards for ensuring the realization of the rights of persons with disabilities in labor relations are recognized in three contexts: objectively formal, regime-legal, and substantively mental-juridical. In the field of labor relations, status guarantees for persons with disabilities protect their rights on one hand, and impose obligations on those responsible for ensuring the implementation of labor relations for persons with disabilities on the other hand. Instrumental guarantees for the realization of the rights of persons with disabilities in the field of labor relations include quotas and the professional rehabilitation of persons with disabilities. Law enforcement guarantees for the realization of the rights of persons with disabilities in the field of labor relations consist of procedural and substantive guarantees. These guarantees serve primarily to protect the rights of individuals with disabilities. The article concludes with a summarization of the study's findings. The author highlights that the legal guarantees for the realization of the rights of persons with disabilities in the field of labor relations form part of their legal status, which is manifested in the realm of labor relations. Furthermore, these legal guarantees aid in ensuring that the legal status of this population group is fully realized in the field of labor relations.
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