JUDICIAL DEFENSE AS A SPECIAL FORM OF STATE PROTECTION OF EMPLOYEE LABOR RIGHTS

Abstract

Before moving on to the legal characteristics of state protection in the field of labor and the theoretical analysis of its constituent elements, note the current Code of Labor Laws (hereinafter - the Code) in Art. 1 defines comprehensive protection of labor rights of employees as one of the priority tasks of the Code. According to Art. 1. The draft Labor Code (hereinafter referred to as the Draft) aims and objectives of the Labor Code of Ukraine are to establish state guarantees of labor rights and freedoms of citizens, create proper, safe and healthy working conditions, ensure protection of the rights and interests of employees and employers [1]. The relevance of the phenomenon of legal protection is due to the need to ensure the harmonious functioning of labor relations, within which the realization of subjective rights and the fulfillment of legal obligations become unhindered. Therefore, as noted by S. I. Zapara, the state in the form of legislative, executive and judicial power provides an effective and accessible mechanism for the realization of the right to protection [2, p. 14]. This article focuses attention on what this legal protection should be, specifically in our case – judicial protection, and what is the essence of its legal nature. It has been studied that "protection" as such is originally etymologically and meaningfully inextricably linked with the state, which, in turn, acts as a guarantor of its consolidation and implementation. This is due to the fact that the state defines and establishes the normative principles of labor relations, determining the vector and limits of their legal regulation. In addition, it is the state that is responsible for creating "mutual legal restrictions that exclude the possibility of abusing the right of each subject against the interests of its counterparty". The research emphasizes the fact that one of the most effective forms of protection of labor rights is judicial protection, since it is the judicial authorities that are responsible for making a legal and well-founded decision in the case. As aptly noted in the scientific literature, the court acts as a specialized state body that performs the function of social control in the presence of a conflict between individual members of society, between them and the state, which arose in any sphere of human activity that is regulated by law [3, p. 643].