CODIFICATION OF LABOR LEGISLATION IN THE CONTEXT OF RECENT LEGISLATIVE DEVELOPMENTS

Authors

  • Г.В. Татаренко
  • Д.В. Татаренко

DOI:

https://doi.org/10.33216/2218-5461-2021-41-1-136-141

Abstract

Abstract. The need to change labor legislation is long-lasting. The current Labor Code of Ukraine has been repeatedly amended since its adoption in 1971, and some of its provisions have been interpreted by decisions of the Constitutional Court due to their ambiguity. The urgency of adopting new labor legislation has a political orientation, which is confirmed by the fact that different political forces offer their options for this did. Reforms in the field of labor legislation are becoming levers of election programs and promises. Currently, the parliament has registered several competing bills, including the government bill "On Labor" № 2708, which has been actively discussed and criticized by the public, especially trade unions. In addition, the constant efforts to adopt a new main legal act in the field of labor relations encourage the analysis of relevant projects in terms of their compliance with the basic principles of codification studied by scientists, to identify errors in these developments and make recommendations for their elimination.
The article analyzes scientific approaches to determining the list and essence of the principles of codification, features of codification of labor law. These theoretical principles are applied to the latest legislative developments, which allowed to draw conclusions about the unsuitability of certain novelties of the draft Labor Code for the effective regulation of public relations in the field of labor.
So, we can summarize the following results. For Ukraine, as an independent state that seeks to regulate social relations, including labor, in accordance with the existing realities in society, the urgent task is the adoption of a new codified act in the field of labor law, which should eliminate the above problems related to the system. many labor laws, its suitability for law enforcement.

Keywords: labor law, law-making, Code of Labor Laws of Ukraine, Labor Code, social and labor relations, codification of labor legislation.

Author Biographies

Г.В. Татаренко

Кандидат юридичних наук, доцент, завідувач кафедри конституційного права Східноукраїнського національного університету імені Володимира Даля

Д.В. Татаренко

Бакалавр Інституту підготовки кадрів для органів юстиції України Національного юридичного університету імені Ярослава Мудрого

Published

31.03.2021

Issue

Section

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