Article title Grounds and Conditions of Financial Liability in Labor Law
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5/2014
Сторінки [126-132]
Annotation This article covers the analysis of the legal understanding of grounds and conditions of financial liability in labor law, defined in the legal science, as well as the grounds and conditions of financial liability embodied in the current Labor Code of Ukraine and formulated in the draft Labor Code of Ukraine. The author made a comparative analysis of the definition of the grounds and conditions of this responsibility in the labor codes of neighboring countries. The author’s understanding of grounds and conditions of liability is formulated. In the article it is proved that the conditions of responsibility, reason and its elements of different concepts, both etymologically and legally, so you can not equate the terms of liability and elements of the base. Unlawfulness, harm, guilt, causation are the elements of reason, without these items have no grounds, i.e. the labor offences. The terms of the same material liability are the circumstances or factors, which are already carried out (is) the material responsible for the presence of the base. These conditions include: compliance with the procedure of bringing to it, including the timing, the correct definition of the size of the financial responsibility requirement to compensate the injured party caused her harm.
Keywords basis of financial liability, conditions of financial liability, draft Labor Code, labor violations, legal understanding, labor offence.