АДМІНІСТРАТИВНО-ПРАВОВІ ПЕРЕДУМОВИ ПОЛІТИКИ ДЕРЖАВИ У СФЕРІ ПРАЦІ

Abstract

Modern approaches in explaining the policy of the Ukrainian state in the field of labor, as a rule, are based on constitutional principles and regulations governing a wide range of social and labor relations. The existing arsenal of explanations of the state policy has different interpretations by means of which the means and the purposes directed on realization of tasks of the state which have complex character and need legal regulation are designated. Among the political, economic, social prerequisites for the formation and implementation of public policy is important to substantiate the authoritarian nature of the state, aimed at regulating social relations, among which should be noted relations in the field of labor. The essence of state power in the implementation of tasks in the field of labor reveals not only the socio-political significance, but also indicates the administrative and legal content of certain provisions of legal regulation of social and labor relations, closely related to employment and employment, its participation in the creation national material base, which is the basis of social welfare. Political decisions of the state in the field of labor are implemented by public authorities that use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions that requires the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor. Require regulatory and legal regulation of relations that are violated: by unreasonable refusal to conclude a collective agreement, agreement; breach or non-performance of obligations under a collective agreement; evasion of the received requirements of workers, and also from participation in conciliation procedures.