DOI 10.37749/2308-9636-2021-1(217)-4

Golosnichenko D. I. On the issue of definition subject and object of legal regulation in the draft Labor Code of Ukraine

The author examines the state of legal regulation of social labor relations. It is emphasized that legal reform is being gradually implemented in Ukraine. It particularly affects those areas of law that are related to human and civil rights. Among these rights, the right to work occupies a special place. The Constitution of Ukraine has several articles aimed at regulating labor relations and human health. It is especially necessary to allocate Art. 43 of our Basic Law, which proclaims this right, establishes constitutional guarantees for citizens to exercise their right to work, prohibit forced labor and protect the health of workers. «Everyone has the right to work, including the opportunity to earn a living by work which he freely chooses or freely agrees to». However, enshrining the right to work in the general law is insufficient. The current Labor Code of Ukraine is clearly outdated. The necessity of adopting a new codified legal act, which should regulate labor relations, is proved. The subject and object of law in general, the subject and object of labor law and the Labor Code of Ukraine are studied. At this stage of development of Ukrainian society, it is necessary to adopt a new codified legal act that would fully regulate relations in the field of labor. The draft law of such a legal act (the draft Labor Code of Ukraine — hereinafter LCU) was developed by experts, but due to its imperfections, the legislator postponed its adoption. It is thought that first of all it is necessary to more clearly define the subject and object of legal regulation of the LCU. Without objecting mainly to their definition, the LCU offers clarifications. The authors of the bill list what relates to the object of labor relations, and at the end note: «other issues defined by this Code». It should be noted that «issues» cannot be the object of a relationship. After all, in the Ukrainian language «question» is «a form of thought expressed in the language of a sentence, which is uttered or written when they want to ask something, that is, to obtain information of interest». Not all objects of labor relations should be listed when defined in Part 2 of Art. 1 LCU. However, it is inappropriate to point out that these objects include «questions». It is suggested to replace the phrase «other issues defined by this Code» with the words: «other objects of relations related to labor law».

Key words: the object of legal regulation, the subject of legal regulation, labor legal relations, the right to work, the draft Labor Code of Ukraine.



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