CODIFICATION OF LABOUR LEGISLATION: THEORETICAL BASES AND PRACTICE OF REALIZATION
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The article contains description of principles of codification as one of basic forms of systematization of legislation. The mechanism of realization of general principles of codification is analysed in the process of creation of project of the Labour code of Ukraine. The article points out the shortcomings of the project of Labour Code and other legislative acts which do not answer principles of codification, and suggestions are formulated in relation to their overcoming. Target of research. The purpose of the article consists in the analysis of efficiency of the use of theoretical principles of systematization of legislation in creation of project of the Labour Code of Ukraine, exposure of failings in this process and forming of suggestions in relation to their overcoming. Analysis of resent researches and publications. The issues of systematization of legislation are constantly in a spotlight of research workers. Considerable contribution to development of this problem was done by specialists on the theory of law, such as S. S. Alekseyev, I. A. Hetman, D. I. Kerimov, A. V. Mickevich, H. M. Onischenko, S. V. Polenina, M. M. Rabinovich, A. S. Samoschenko, O. F. Skakun, labour law such as V. S. Venediktov, L. P. Garaschenko, S. P. Mavrin, P. D. Pilipenko, S. M. Prilipko, O. I. Procevskiy, V. G. Rotan, Z. K. Simorot, I. B. Khokhlov, N. M. Khutoryan, G. I. Chanysheva, O. M. Yaroshenko and others. Their scientific achievements is of the value today. Article’s main issue. On the modern stage of development of legislation about labour we have unique possibilities for forming of new high-quality models of the legal regulation of relations in the field of labour. The process of codification of legislation about labour to the great extent answers to this. In the process of development of project of the Labour Code it is important to consider its contents, which has to do with both its structure and essence. This is implied by the concept of codification and is embodied in its principles. Conclusions and prospects for the development. It is necessary to draw conclusion from the analysis of substantive provisions of project of the Labour Code of Ukraine, that not all its positions relate to the principles of codification, such as the principle of scientific validity, principle of professionalism, principle of plenitude, comprehensiveness and complexity. The proper failings need to be addressed in the process of preparation of project of the Labour Code to the second reading.
Authors and Affiliations
V. V. Zhernakov
Keywords
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