ANALYSIS OF THE CONCEPT “LEGAL RESPONSIBILITY” IN TREATING RIGHTS

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ANALYSIS OF THE CONCEPT “LEGAL RESPONSIBILITY” IN TREATING RIGHTS

Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue

Abstract

The article analyzes the concept and provisions of “legal liability” in labor-legal relations. Conclusions and perspectives of further exploration in this direction: 1. Preparation for the adoption by the Verkhovna Rada of Ukraine of the Labor Code, requires improvement of the concept of the Code in general and each of its sections, in particular, some of which are sections that regulate the responsibility of the employer and employee. Today, under the conditions of the legal reform, it is necessary to ensure not only democratic in the content of labor legislation, but also the creation of an effective system of legal means capable of ensuring the proper performance of labor duties by the parties to the employment contract. This study is reinforced by the legislative initiative No. 6351 dated April 12, 2017 by People’s Deputy of Ukraine Ivan Petrovich Rybak to the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses” on increasing the liability for violating the requirements of the law on the procedure for resolving collective labor disputes (conflicts) (hereinafter the Project). Currently, the draft is being worked out by the Verkhovna Rada of Ukraine. The specified Draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses” was developed with the purpose of implementation of clause 4 of the Final Provisions and Article 29 of the Law of Ukraine “On the Procedure for the Resolution of Collective Labor Disputes (Conflicts)” and strengthening of administrative liability for violation of the legislation on collective labor disputes (conflicts) by increasing the maximum fine to one thousand non-taxable minimum incomes of citizens. 2. Foreign experience in relation to labor disputes involves the possibility of their resolution by the judicial authorities and the extra-judicial procedure for the consideration of a dispute. At the same time, a special law on the procedure for resolving labor disputes often involves the possibility of enforcing the decisions of the jurisdiction authority. World experience suggests that administrative, material and contractual liability may be applied for non-compliance with material and procedural norms that have become the subject of a labor dispute and have led to violations of the rights of parties to social and labor relations during the resolution of a labor dispute. 3. It is necessary to support the initiative to increase administrative responsibility of citizens and officials by increasing administrative penalties for violation of the procedure for resolving collective labor disputes. Namely, the addition of the Code of Ukraine “On Administrative Offenses” by Articles 414, 415, 18849 and 18850 in connection with an increase in the amount of fines for violating the law on the procedure for the resolution of collective labor disputes (conflicts). Given the practice of the State Labor Inspectorate in terms of the size of fines, we consider it possible to impose sanctions on a larger scale. We share the opinion that the adoption of the Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses” will help to prevent and terminate violations of the requirements of the legislation on the procedure for resolving collective labor disputes (conflicts), in particular for avoiding parties to a collective labor dispute (conflict) from participation in conciliation procedures ; non-fulfillment of obligations under an agreement reached as a result of conciliation procedures; strengthening of administrative responsibility of officials of central executive authorities, state bodies and local self-government bodies for evasion from the formation of reconciling bodies and non-fulfillment of legal requirements of officials of a state body that implements state policy on assistance in the settlement of collective labor disputes (conflicts), on elimination of violations of legislation on the procedure for the resolution of collective labor disputes (conflicts) or the creation of obstacles to the activities of this body. We propose to supplement the grounds for the application of administrative liability in the form of administrative penalty in the resolution of labor disputes in such cases: – A failure to provide the labor dispute information necessary to resolve a dispute over rights; – Evading a party to a labor dispute about the rights to participate in labor arbitration in resolving a labor dispute about rights, creating obstacles in his work, including the failure to provide the necessary information; – Evasion of a labor dispute from participation in negotiations with the participation of the mediator(-s) during the resolution of a labor dispute about interests, creating obstacles to its work, including the failure to provide the necessary information; – Untimely communication of the party to the labor dispute about the protest in the manner prescribed by the special law; – Organizations and/or participation in the action of protest or obstruction of the termination of the protest action declared by the court unlawful; – Failure to comply with labor arbitration awards and agreements reached by the parties to the labor dispute, in particular agreements concluded by the parties to the labor dispute on the basis of the results of negotiations on the rights, decisions of labor arbitration, decisions taken by the parties on the results of consideration of labor disputes on interests.

Authors and Affiliations

С. І. Запара, О. М. Котенко

Keywords

ANALYSIS OF THE CONCEPT “LEGAL RESPONSIBILITY” IN TREATING RIGHTS

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