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In Relation to Judicial Defence of Honour and Dignity of Participants of Labour Legal Relationships


Publication Date:

Authors : ;

Page : 157-163

Keywords : honour; dignity; judicial securing; worker; employer; principles of labour right; realization of right for judicial defence.;

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Problem. The constitution of Ukraine, admitting a man, his life and health, honour and dignity, inviolability and safety by the greatest social value, set the wide list of human and citizen rights. The special place in the system of these rights is occupied by labour rights, main from that is a right to work, that includes possibility to earn each to the soba on living by labour that he freely elects or on that consents freely. Target of research is studied theoretical aspects of the right to judicial protection of honor and dignity of members of labor relations and the study of the relevant provisions of the current legislation of Ukraine regulating delineated range of issues. Analysis of recent research. Questions relating the definition of honor and dignity, the right to honor and dignity, and to develop effective mechanisms for their protection, as in the field of labor law and civilian were explained in the writings of scientists such as: M. I. Baru, S. M. Bratus, N. D. Hetmantseva, A. B. Zherukova, M. P. Zarubin, B. I. Zelenko, R. Z. Livshits, A. M. Lushnikov, N. V. Lushnikova, M. N. Maleyina, N. S. Maleyin, I. I. Marhotyna, S. M. Pryphan, S. M. Prylypko, M. G. Pronin, O. A. Tserkovna, O. M. Yaroshenko and many others. The main material. Each branch has certain basic rights ideas and trends that permeate all legislation defining this branch and the most typical for it. The labor law has the main ideas and trends, which is enshrined in the Constitution as the fundamental law of the state and labor legislation. Basic ideas and tendencies are incarnated in a law, legal norms, rules of behavior. But they are never taken to them, does not close by them. Law ? is not only totality of norms and options but also legal principles, that are the basis of legislation, predetermine existence of form and mainly maintenance of the certain system of legislation without that there is not a right. Conclusions. Thus, the right to judicial protection is a component of subjective labor rights, which has a corresponding duty of the employer. At the same time, this right is an independent subjective right, which is inherent in the substantive and procedural content, including appropriate opportunities authorized entity. The main problem that gets in the way of the right to the protection of workers is uncertainty in the positive law of the opportunities (rights) that the employee can use in the implementation of this right. Thus by important problems, that interfere with realization of right the worker of judicial defence, there is a mistrust to this jurisdiction organ; negative attitude of employer is toward a worker that defends the rights in a court; protracted process of trial of business; inconsistency of norms and possibilities them practical application.

Last modified: 2015-11-05 04:13:58