THE HISTORICAL AND LEGAL BASIS FOR THE FORMATION AND FORMATION OF THE BRANCH OF LABOR LAW

Authors

  • О.С. Арсентьєва

DOI:

https://doi.org/10.33216/2218-5461-2020-39-1-43-54

Abstract

The article examines the issues of the historical
and legal aspect of the formation and development
of the labor law industry. The legal acts in the
field of labor from ancient times to the present day
are analyzed. Various periodizations are examined
that reveal the history of the formation and formation
of the branch of labor law at different times - under the rule of the Austrian and Russian empires, during
the struggle for the right to independence and the
establishment of the power of the Central Rada on
the territory of Ukraine, under the authority of the
Soviet Union and, finally, during independence of
Ukraine. The main historical and legal features that
affect the development of the labor legislation of
modern Ukraine are identified and, on this basis,
periods are identified that reflect all the specific
features of the formation and formation of the branch
of the labor law of our country. Attention is drawn to
the period of development of labor legislation during
the Second World War, which was characterized by
toughening the rules regarding the dismissal of an
employee and the deterioration of working conditions,
working hours, the introduction of full liability
of the employee for the material damage caused by
them and the period of “thaw” during which they
were canceled many restrictive rules, in particular,
those criminalizing unauthorized excommunication
or absenteeism reasons and accepted standards to
ensure appropriate working conditions for different
categories of workers, including women. It is indicated
that at present in Ukraine the Labor Code adopted
in 1971 is in force. and having at the moment a huge
number of changes and additions. It analyzes the period after Ukraine gained independence and ways to develop its own legislation, requiring quick restructuring and modernization, the use of advanced European experience, primarily in labor law.
Keywords: branch of labor law, norms of labor law, normative legal act, labor legislation, labor relations, periodization in the branch of labor law.

Author Biography

О.С. Арсентьєва

Декан юридичного факультету Східноукраїнського національного університету імені Володимира Даля, кандидат юридичних наук, доцент

Published

07.02.2020

Issue

Section

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