Open AccessENSURING THE EMPLOYMENT RIGHTS OF JUDGES AS A PREREQUISITE FOR THEIR SOCIAL SECURITY
Author(s) -
Микола Іванович Іншин
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-103-1.51
Subject(s) - human rights , dignity , humiliation , social security , principle of legality , social rights , fundamental rights , state (computer science) , right to work , law and economics , law , political science , international human rights law , reservation of rights , business , right to property , economics , work (physics) , mechanical engineering , algorithm , computer science , engineering
The article forms an actual scientific idea about the impact of ensuring the labor rights of judges in Ukraine on the level of their social security. It is determined that the level of social security of judges depends on the quality of ensuring their labor rights, because such rights exist for sustainable human development, that is, there is a satisfaction of the needs for social benefits that are produced in the field of labor. Rights exist to prevent the occurrence of situations in which an employee experiences humiliation of his human dignity, restriction of his freedom, as well as other human rights. The rights are regulated by general and special rules, considering the social risks common to all employees and special for judges. Such regulation is carried out to reduce the negative impact on judges. This regulation is subject to the principle of legality. Labor rights are ensured and protected at the expense of the State Budget of Ukraine. They are guaranteed by the State at the national level and by international governmental organizations at the international level. The labor rights of judges can be protected both in the general order, considering certain exceptions, and with the help of special forms of protection that are provided only for judges. The level of implementation and protection of the labor rights of judges determines the level of civilization of society. It is proved that the peculiarities of the labor rights of judges and their impact on the social security of judges require the state to create favorable conditions for their provision. In cases where the State ignores such a duty and the employment rights of a judge are not sufficiently ensured, the State concerned cannot be considered social, legal, and democratic. The lack of guarantees for the implementation of the labor rights of judges, which is currently happening in Ukraine, negatively affects the independence of the courts and the proper administration of justice in the country.