Open AccessADMINISTRATIVE RESPONSIBILITY IN EMPLOYMENT SPHERE
Author(s) -
S. Poliarush
Publication year - 2021
Publication title -
naukovì zapiski. serìâ: pravo
Language(s) - English
Resource type - Journals
eISSN - 2522-9249
pISSN - 2522-9230
DOI - 10.36550/2522-9230-2021-10-49-55
Subject(s) - legislation , labor relations , liability , business , field (mathematics) , political science , dilemma , institution , control (management) , law , law and economics , sociology , economics , management , philosophy , mathematics , epistemology , pure mathematics
The article is devoted to the characteristics of administrative liability in the field of labor relations as a special type of legal liability. An attempt is made to take a comprehensive approach to the study of material and procedural norms of administrative liability in the field of labor relations. It is noted that the Labor Code of Ukraine prescribes in detail the disciplinary, material and financial responsibility. It is emphasized that the norms of administrative responsibility are contained in certain laws and the Code of Ukraine on Administrative Offenses. It is noted that the articles of the Code of Administrative Offenses devoted to the selected problem are scattered in separate chapters. The reason for this is that the norms were systematized according to two criteria: the sectoral affiliation of the offense and the object of the offense. It was found that the Code of Administrative Offenses contains articles directly related to such institutions of labor law as employment, collective agreement, labor contract, labor protection, labor disputes, control and supervision over compliance with labor legislation, labor migration. Most articles are devoted to liability for offenses in the field of labor protection. This legal institution has a cross-sectoral nature. Norms of the Code of Administrative Offenses on administrative liability in the field of labor protection can also be divided into universal and specific legal. Attention is paid to the practical implementation of certain articles of the Code of Administrative Offenses. In particular, the control and supervision proceedings are described in detail. The legal dilemma regarding the application of Art. 265 of the Labor Code of Ukraine and Art. 41 the Code of Ukraine on Administrative Offenses and on the fact of more complete normative maintenance of realization in practice of Art. 265 of the Labor Code of Ukraine, which determines the priority of the choice of sanctions by inspectors of the State Labor Service. It is pointed out that there is no special legislation that would prescribe the procedural issues of holding peaceful assemblies, however, administrative liability for violations of the latter exists in the Code of Administrative Offenses, which gives rise to the invalidity of some of its articles.