THE DEFINITION OF FAIRNESS AS ONE OF THE FUNDAMENTAL PRINCIPLES OF LABOR LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the study of one of the basic principles of labor law - justice. The evolution of the formation of the category «justice» is investigated, the main approaches to its definition are considered. The analysis of reflection and consolidation of the principle of justice in the labor law of Ukraine and individual countries of the world is carried out. It is indicated that from the ancient times social justice was a fundamental human value as an idea of the system of values and principles that underlie the existence of mankind. In the closest connection, this category is with the right, because without the embodiment of the last idea of social justice, legal norms will be deprived of moral content and humanistic orientation. During the formation of Ukraine as an independent state, the system of labor legislation has undergone radical changes (a significant number of new legislative acts have been adopted, a number of important international agreements have been ratified). However, despite the seriously completed work, the problem of observing labor rights of citizens remains one of the most urgent. Labor law in many countries of the world has long been operating in such a category as «justice». Labor law of Ukraine only in the draft Labor Code has been consolidated with the principle of equity. It should be noted that in the current Labor Code does not have a separate article, which would establish the principles of regulation of labor relations. To eliminate this shortcoming is called the new Labor Code. Principles that are enshrined in international labor law should also be included in the basic principles. Output among legal phenomena is the norm of law, which adequately reflects the objective needs of social development, takes into account the optimal combination of interests of participants in social relations, the state, the individual, their security. That rule of law should be fair, since it depends on the validity of other legal phenomena.
Authors and Affiliations
О. Ю. Кононенко
Keywords
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