乌克兰劳工立法与欧盟立法的适应:问题与克服之道

O. Kostyuchenko, Olha V Hots-Yakovlieva
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摘要

乌克兰劳工立法与欧盟立法的协调需要嵌入其超国家的法律体系。要做到这一点,有必要审查国家,特别是其司法部门在调节劳动领域关系方面的作用。重要的是,欧盟立法规定了雇佣劳动力的公共和私人方面,赋予欧盟成员国在私人领域独立选择实施欧洲标准的形式和方法的权利。劳动关系及其相关关系的安排取决于劳动法律关系参与者的自由、公正、平等和人本主义思想。在欧洲基本原则和劳动规制条件的基础上完善乌克兰的劳动立法是乌克兰加入欧盟的主要条件。由于欧盟立法与乌克兰的劳动立法在形式体系上存在差异,因此不可能简单地将欧洲立法规范转移到本国立法规范。同样重要的是,欧盟法律通常是一个超国家的法律体系。还值得特别注意的是,雇员的基本权利和社会经济利益是在欧盟法规中规定的,因此他们获得了法律上的确定性。此外,它们的巩固、保障、实施和保护的过程是连续的。欧盟立法的特点是动态的,它随着社会的发展及其“必要”和“可取”的理念而发展。
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ADAPTATION OF UKRAINE’S LABOR LEGISLATION TO EUROPEAN UNION LEGISLATION: PROBLEMS AND WAYS TO OVERCOME THEM
The harmonization of Ukraine’s labor legislation with EU legislation requires the embedding of its supranational system of law. To do this, it is necessary to review the role of the state, in particular its judiciary branch in the regulation of relations in the field of labor. It is important that EU legislation which regulates public and private aspects of hired labor gives EU member states the right to independently choose forms and methods of implementation of European standards in private spheres. The arrangement of labor and related relations depends on the ideas of the participants of labor law relations about freedom, justice, equality and humanism. Improvement of Ukraine’s labor legislation based on European basic principles and conditions of labor regulation is the main condition for joining the European Union. Simply transferring the norms of European legislation to the national one is impossible since EU legislation differs from the labor legislation of Ukraine regarding the system of its forms. It is also important that EU law is generally a supranational legal system. It is also worth to pay special attention to the fact, that the fundamental rights and socio-economic interests of employees are enshrined in EU regulations, thus they acquire legal certainty. Also, the process of their consolidation, guarantee, implementation, and protection is continuous. EU legislation is characterized by dynamism, as it evolves with the development of society and its ideas of “necessary” and “desirable”.
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