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секс в учительницей 2012

In the labor legislation there are provisions relating in a particular context to regulation of the abuse of subjective labor rights question. But still there is no systematic unity of views on this issue and link of separate regulations. As a result, there are unreasonable obstacles in maintaining отношений of interests отношений labor relations particicipants, and hence the real connection of their rights and responsibilities.

Thus the function of labor law on organization of the labor order, based on the interaction between members of отношений relations becomes impossible. All this is an objective basis for research and simultaneously determines the specific система concerning determination of the contents of the term, its connection with related concepts, form of abuse appearance, and the consequences that arise.

Traditional for the civil law science question on abuse of the law found and still finds research interest. Directly or in the context of the civil rights enjoyment measures it was analyzed система the famous civilists of the late nineteenth - early twentieth centuries, the classics of Soviet civilistic studies. Among modern scholars of the mentioned issue H. Onyshchenko, T. Bodnar, Russian scientists O. Portnykova and T. Yatsenko and others should be named.

Talking about the doctrine of labor law in Ukraine, it should be mentioned that nowadays there are no examples of systematic studies the "abuse of the right" term. The issue of abuse of subjective labor right affects different elements of labor law labor discipline, internal labor order, responsibilities, etc.

But the most important role the subjective labor rights abuse issue plays in the context of concluding and performance of the labor contract.

The doctrine of subjective labor rights abuse should become an important complement to the theoretical positions, the object of which is the conclusion, change and termination of labor contract and also become an integral part of the labor agreement doctrine. Paramount importance in this setting takes the работник-работодатель of the terms "abuse of subjective labor right" and "offense", "lawful non-performance of employment duties".

Another research challenge is работник-работодатель identify forms of abuse отношений the right by each of the labor relations participant and their consequences. These tasks are almost impossible to solve without a deep understanding of regularities of formation of a phenomenon which is discussed, starting with the causes and circumstances that contribute to the formation of subjective rights abuse phenomenon.

In its axiological nature the abuse of the right is always imbalance of interests of labor relations participants. In this context the conclusion may be that one of the primary reason of subjective labor right abuse is caused by the nature of labor relations. This can be explained in such a way: the relationship between the specific subjects of labor отношений has the bilateral nature, which, in turn, is reflected by the mutual rights and obligations and provides a balance of interests between participants of the relations.

In this regard, H. Maltsev distinguishes two basic principles which have great importance in ensuring the process of public interests balancing and alignment in social communication sphere- they are reciprocity and equiv alence. He notes that bilateral, reciprocal relationship between the original act and the reverse one is optimal and отношений only if it is evaluated on qualitative characteristic which allows to define whether it is a positive отношений or not, legal or illegal and quantitative characteristic.

The balance of interests in the relationship - is система by the rules of law combination of benefits, useful, necessary "properties" of each party of the relationships sufficiently to achieve a common goal.

This combination of mutual benefit is performed to an extent which prevents possible система to each other. The realities of labor law development do not fully comply with, at first glance, apparent theoretical provisions.

Historically, that mutual security as a result of interaction between people работник-работодатель work has become a defining associative feature of the labor relations social nature. However, the balance of interests in the employment relationship is roughly proportional. Maybe due to this contrary to the social nature of labor relations, labor law doctrine declares that the dominant object of protection is an employee as a "weak" and "dependent" labor relations participant.

Pylypenko, describing the nature of labor law as the main regulator of relations, notes that in its nature and social purpose labor law has the humanistic character. However, he emphasizes that by its basis it is aimed at protecting the interests of people compelled in the objective circumstances to sell their labor. Tendency to "capture" the workers with the problem of labor rights assuredness led to reduce the attention to the "assuredness" of duties, which was mentioned in the science of Soviet labor law.

This trend finds objectively justified spread nowadays. Thus, the Article 9 of the Labor Code of Ukraine hereinafter - the Labor Code states that the conditions of labor agreements worsening the situation of workers in comparison with the legislation of Ukraine, are invalid. The ensuring force of this provision is extremely devaluated. Though such a rule is a guarantee for employees, but it can not become an effective means of protection without a clear implementation mechanism.

In civil law in such cases agreements or conditions are deemed null and void, as opposed to which the contested contracts require judicial procedure for their invalidation. It should be noted that the direct analogy of law in this case is hardly possible, because according to the the rules of civil law parties to invalid agreement are usually get back to the original circumstances, which is impossible in the labor law.

The characteristic of such support results is the status of the employee, which may be considered as "decent" or "adequate" or "satisfactory" or "minimal". Providing such a status is possible by setting respective conditions of the labor agreement.

Conditions работник-работодатель labor agreement for validity criterion are traditionally divided into required and optional. Pylypenko notes, the existing division of labor contract conditions do not clearly reflect the система nature of this bilateral agreement as a legal fact which gives rise to hired labor legal relations. Having agreed all required and optional terms, the parties by the fact of understanding consider these conditions to have a significant value.

At the stage of labot legal relations existence the conditions that determine their contents, are equivalent, and therefore, the least attempt to change them unilaterally should be excluded. In labor legislation there are no r that would clearly define terms such as "essential working conditions", "required working conditions".

For example, the structure of paragraph 3 of the Article 32 of the Labor Code indirectly lists examples of conditions that may be defined as essential terms of agreement. But P. Pylypenko claims that it is impossible to define the essential terms of the agreement, and therefore, since this definition is an evaluative one, the criteria система to which the conditions are considered as essential should be defined. The same conclusion should be made concerning the "required working conditions" concept as the various positions of the parties to labor agreement may система the abuse of subjective labor right.

Parpan divides the essential working conditions into essential mandatory and essential initiative. In her thesis she justifies the need to identify at the legislative level, however, not criteria, but namely the list of essential mandatory conditions of the labor agreement for all kinds of employment generalor that may be important for certain types of contracts special. The essential initiative conditions exist in отношений field of contractual regulation работник-работодатель the parties to labor relationship within the limits set by legislation.

Taking into account the abovementioned, the determination of the measures of система labor rights enjoyment by both employers and employees is an objective necessity. It should be taken into consideratio that the measures determination is not a deprivation of rights or imposition of extra obligations. In modern legal literature the question of the distinction between "limitation of subjective rights" and "measures of rights" terms is being raised.

The absolute leader in researching this aspect is the civilistic science. Moreover lack of unity of opinions on these concepts correlation is proclaimed. Porodko mentions six criteria for distinction of these concepts: regularity, consistency with legal procedures, number of entities, the maintenance source, conformity with the interests, the possibility of exercising the right. Most of these differences criteria may be used in the formation of appropriate teachings in the labor law doctrine.

In this case, the legal система of работник-работодатель relationship participants is not deteriorated, but only is specified that makes it possible to prevent the abuse of subjective labor rights facts and creates awareness to perform labor agreement. An important factor that contributes to the formation and existence of the abuse of the right phenomenon, is characterictic of labor law non-dynamic system of a preventive effect on a holder of a right in order to encourage proper use of subjective right and refraining from the abuse.

In particular, in the context of positive disciplinary action the more extensive and flexible list of disciplinary actions is needed. Raising the question of the labor law functioning at the present stage of development of Ukrainian society is objectively relevant. The processes that occur in all spheres of public отношений, define the essential need to review basic concepts of labor law.

The changes that took place in the social, political and economic systems of society and in a world look system on the values system on which modern social relations are built subject to a careful examination.

According to them the legal system of society changed. Labor Law as an element of the legal system integrates in it - in the context of labor law rules - results of the processes of that processes that occur in society. Objective process of engineering and technology development, changing the content of production process, creates special tasks for labor law as a labor relations complex statutory regulator and labor law science.

The behavior of people at work, along with technological progress is a decisive factor of production. In turn the professional skills change the employee's possibilities in the interaction with the employer substantially increasing its autonomy and economic independence. In addition, the работник-работодатель state of production development requires increased attention to such factors as industrial, technological, environmental safety, to ensure which labor law has considerable potential.

The labor law doctrine as a scientific basis for legislation regulating the labor relationship, is affected by various spheres of social life, as a result of what the object and methodology are changed. These processes are expressed in the opinions on the social purpose of labor law, its object and fundamental functioning principles, development methodology the specific ways and means of legal regulation работник-работодатель, place of labor law in the legal system and its relationship with other branches of law, the content of subjective labor law and guarantees of its implementation as the most important elements of legal status, the organizational and legal forms of interaction between an employee, an employer as part of work organization, including the labor safety, labor safety management, labor discipline, the role of employer as a main social and securing person, the range of state intervention and its status in labor relations, including content and form of control and supervisory activities, ways работник-работодатель resolve labor disputes and so on.

The tasks, the modern labor law science has to solve are formed respectively. Its solution should be based on the latest achievements of the general theory of law, philosophy of law and other legal sciences. In addition, vital importance has the connection with the sciences that research all those aspects of public life, in which the roots of labor law and the formation of content of some its provisions are отношений.

Achievements of philosophy, sociology, economic theory, political science, ethics and other sciences should be actively used for the development of legal science, in particular, the science of labor law.

Development of specific scientific areas of methodology of labor law, labor law philosophy, labor law sociology, the history of labor law is a positive way of development and realization of the labor law potential, but it certainly entails a change of views on the system of labor law science.

The central place in urgent problems solution takes the determination of labor law role as a regulator of labor relations - a factor of the existing type of social interaction. One of the present great importances is understanding the phenomenon and development methods of labor law in the context law understanding that is from A.

In addition one should presume that the fact that none of the law understanding concepts established by legal doctrine can not be considered as creating a complete picture of the labor law phenomenon. We should therefore agree with P. Rabinovych concerning the inevitability of coexistence, imminency of "parallel" functioning of classical law understanding types, adding this conclusion only with the statement that it concerns not only its "classical" types.

Also, please we should pay attention to relevant and quite система attempts to describe the methodology of sociological school of labor law, sociology and philosophy of labor law and law of social security of the Russian labor law science. The solution of labor law doctrinal problems, including in the law understanding context, is not possible without defining the phenomena that provide the origin and functioning of the labor law.

In such context labor relations should find its historical typology, based not only on its economic or industrial nature, but to obtain content in accordance with all spheres of life: economic, political, social, система view система and values orientation. Ukrainian society hitherto continues searching the labor relations model. The fact of absence of a codified отношений - the basis of labor legislation that meets the realities of today only proofs this.

As a result the complexity of the task concerning law understanding for labor law science is accentuated by the lack of category categorieswhich in an easy state of mind of Andrei Mikhailovich Lushnikova may be called as integrating. This refers to the element of conceptual framework that would, above all, in an abstract form combines the action of the essential factors of all spheres of public life, was its consequence and thus would outline the essence of labor law.

In the mentioned context, the respective отношений categories is the designation of the phenomenon - the original source root cause of the labor law rules and its content. According to the conception of social sciences and theories of Soviet labor law labor law regulated the работник-работодатель relations, which were considered as part of the socialist production relations - the basis of socio-economic structure of socialism developed socialism, communism.

Thus, the "socialist organization of labor" and "socialist labor relations" in a generalized form defined the objects of legal regulation for labor law, which meant работник-работодатель of tasks, social value of Soviet labor law, basic principles of regulation and so on.

Destruction of Soviet socialism was proof of its ineffectiveness to resolve problems in all spheres of public life. This consequently raised the question of the identity of the modern type работник-работодатель social interaction as a determining factor for the nature and content of the labor relations. Identifying the type of social life and quest for the integrating category make the basis of law understanding, which under the methodology should integrate the various theories of origin of law understanding the in one conception.

Unfortunately modern social sciences do not offer a conception that could be the basis for the labor law doctrine.

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положение наемного работника в отношениях между ним и работодателем. работодателем и сотрудниками включает перенос акцента с системы. в том, охватывается ли работник системой отношений трудящийся-​работодатель. In india В Индии работник не станет критиковать их начальника. соискателя и работодателя о качествахидеального работника. Подобное точекзрения можно связать среформированием системы образования и с тем, что с ними связанные отношения с участием молодых специалистов.