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Article The Modern Vision of the Subject of Labour Law in Ukraine
Authors
Inshyn M., Shcherbyna V.
Name of magazine Scientific journal «Private Law»
Issue 1 (українська мова) / 2013
Pages 201 - 213
Annotation The main problems in defining the subject of modern labour law have been identified and described in given scientific article. Its significance for legal regulation of labour has been revealed here as well. The authors deny any standpoint that treats labour as an article of trade or purchase and sale. Labour relations deal with the labour administration, but labour-management relations are aimed at organization of collective labour. The Lawmaker has used the traditional vision of the labour law subject in paragraph 2 of the draft law of Labour Code of Ukraine, but the structure of this Code is close to individual and collective labour relations scheme. The subject of labour law covers the social relations that arise within administration, organization, management, evaluation and protection of the human labour. The subject of the legal regulation of this branch can be wider or narrower. It depends on historical peculiarities, origin and development of labour law in specific country. The heart of the subject of the labour law in any legal system is laid down in relations that direct us towards the use of human talent for work, the social work process itself. The definition of «labour activity» as of the labour law object is being substituted for wider conception — «professional activity» — that comprises all variants of generally useful activity.
Keywords subject of labor law, labor, social bonds, labor relations, occupational relations, individual and collective labor relations, labor law expansion, professional activity.
References
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