| Abstrakt: |
Nowadays Ukraine is experiencing an extremely difficult wartime in the strengthening democratic European values of social life. With the help of the critical analysis method the historical and legal evaluation of objective norms in labor sphere which are discriminatory was done. The comparativelegal method has helped to study the draft's norms on conformity of their current legislation of Ukraine on labor. In the context of the armed struggle for Democracy, part of which is recognition of human rights and strengthening the Rule of Law, legislative initiative to reform the legal regulation of social relations, the object of which is the labor and employment, has signs of an anti-democratic state-political regime. The most dangerous tendency of the Draft is that its content prioritizes the economic system over the individual, which contradicts Article 3 of the Constitution of Ukraine and may lead to severe consequences, examples of which in the history of the state and law include genocides against nations. The Labor Code of Ukraine, dated December 10, 1971, No. 322-VIII is today the only normative legal act that is really able to protect human rights in Ukraine, in particular, the employee, along with the Constitution of Ukraine. At the same time, certain institutions and sub-institutions of labor law need to be developed as a result of the dynamics of social relations related to labor. Instead, the Draft Law of Ukraine «On Labor» on the legislative initiative of the Cabinet of Ministers of Ukraine represented by D. Shmygal does not represent any development of the already established foundations and principles of legal regulation of labor relations, but on the contrary, proposes to cancel them all, which has the characteristics of an anti-democratic state-political regime and discrimination of a person on the basis of work. The current Labor Code of Ukraine certainly needs to be improved, but any reforms of legal regulation cannot cancel the already developed legal institutions on the basis of the principle of the rule of law. Unfortunately, the Project is not of an evolutionary nature of the institutions of the right to work, it simply escapes them, which contradicts the existing regulatory framework of Ukraine, and can lead to an irreparable social situation, examples of which have repeatedly occurred in the historical and legal development of the nations of the world. The methods of our doctrinal research are the method of critical analysis and description, the comparative legal method, etc. [ABSTRACT FROM AUTHOR] |
