COMPARATIVE LEGAL DESCRIPTION OF THE COMPETITIVE SELECTION AND TESTING IN LABOR LAW UKRAINE

Problem setting. In this article the author analyzes and comparative legal characterization of the competition as the basis of the employment relationship and tests in Ukraine. Reveals the content and main features of these concepts. Explores the legal nature of the competition and tests. Target of research. Currently, there is a need to improve the mechanism to regulate the hiring, particularly for positions for which the occupation is a contest, and to distinguish the latter from the test. As the legal basis of the employment relationship defined forms exercise their right to work and forms of citizen involvement to work is currently comparative legal description of the competitive selection and testing in labor law Ukraine is in our opinion very relevant. Therefore, in this article analysis, comparison, identify common and distinctive features of competitive selection and testing, their regulation and the main shortcomings of legislation of Ukraine on this issue. Article’s main bode. By comparing the competitive selection of test specifies that in labor legislation and special legislation, in particular Art. 26 Labor Code provides for testing under employed and, as exemplified Law "On civil service" - the competitive selection for state employees. Also, author notes that the purpose is the same competitive selection of the need to select candidates for the vacant position worthy. Thus, participation in the contest or win individual competition, not always produce the employment relationship with the employer. Having examined and analyzed the competition and tests conducted by the following comparative legal characteristics common to them is made: and the proper selection of personnel; is one of the effective ways of legal staffing; is checking the qualifications of employees; contribute to the promotion to master the necessary knowledge and improve the efficiency of workers. Conclusions and prospects for the development. But at the same hallmarks are legislative confirmation test and establish the contractual nature of the test, that means that such a condition may be included in the employment contract and not included. But setting such term is a right, not an obligation of the employer, since it is determined by agreement of the parties.