THE FUNDAMENTAL ESSENCE OF LEGALITY IN LABOR RELATIONS INVOLVING A JUDGE

Abstract

This article delves into the nature of legality in labor relations involving a judge, considering the primary theoretical approaches adopted by Ukrainian scholars in understanding the phenomenological essence of legality. The author scrutinizes the conventional interpretation of legality, highlighting the necessity of judiciously extending this approach to the understanding of legality in labor relations involving a judge. In this regard, it is imperative to acknowledge that in a contemporary rule of law state, legality necessitates unwavering adherence to laws that align with legal principles, primarily those in accordance with the rule of law and human-centrism. The essence of legality in labor relations involving a judge is revealed as a multifaceted phenomenon within the context of a derivative interpretation of legality’s essence. Firstly, this form of legality represents a unique method of public influence on societal processes and relations, as well as a means of constructing a system of normative legal acts, culminating in the establishment of law and order and disciplinary frameworks. Secondly, in the context of labor relations involving a judge, legality is a state of law and order that aids in assessing the actual level of legal discipline among law-abiding legal subjects, who are the recipients of the relevant legal regulations. Thirdly, this form of legality is characterized as a specific legal regime of labor law, aimed at ensuring law and order in the sphere of judges’ official and labor activities. The article concludes by summarizing the research findings and presenting the author’s definition of ‘legality in labor relations involving a judge’. By ‘legality in labor relations involving a judge,’ the author proposes to understand a foundational principle (fundamental legal idea), method, legal regime (and/or complex legal phenomenon). This concept encapsulates the direct connection between law and the state in the context of regulating labor relations involving a judge, as well as associated legal relations. In this context, the discussion pertains to the streamlining of legal relations achieved through the state’s establishment of a comprehensive array of means and methods. These include control, supervision, encouragement, coercion, and the provision for accessing competent state bodies. The objective of this arrangement is to maintain law and order in the realm of judges’ work, accomplished without infringing upon the independence and autonomy of their official and labor activities.