Skip to main content

Advertisement

Log in

International Principles and Standards of Labor Law as a Basis for Improving Labor Legislation of Ukraine

  • Article
  • Published:
The Indian Journal of Labour Economics Aims and scope Submit manuscript

Abstract

The European vector of development of our state obliges the domestic legislature to take into account the positive experience of guaranteeing a high level of protection of labor rights of workers in the context of globalization of the labor market. Therefore, the reform of labor legislation in Ukraine should take into account the principles of international labor law. The methodological basis of this work includes general philosophical approaches, as well as a set of general scientific and special legal research methods. The choice of approaches and methods was determined by the multifaceted nature of the objective and subject of research. The purpose of the work is to study international standards for regulating organizational and managerial relations in labor law. To achieve our goal, we aimed to identify and characterize the directions and standards and principles of organization and management of labor, which are generally accepted by the world community. A number of provisions of the article can be used as a methodological basis for studying and solving applied issues of labor law.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Similar content being viewed by others

Availability of Data and Materials

Data will be available on request.

References

  • Bayefsky, A.F. 2017. The principle of equality or non-discrimination in international law. Equality and Non-Discrimination under International Law 1: 71–104.

    Article  Google Scholar 

  • Bratsuk, I.Z. 2016. Theoretical and legal bases of implementation of the European Union law into the national law of the member states, 230. Lviv: Ivan Franko Lviv National University.

    Google Scholar 

  • Council of Europe. 1989. Directive 89/391/EEC on the introduction of measures to promote the safety and health of workers at work. Retrieved from https://zakon.rada.gov.ua/laws/show/994_b23#Text.

  • Council of Europe. 1991. Directive № 91/533/EEC. Retrieved from https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A31991L0533.

  • Council of Europe. 1994. Council Directive 94/4/EC amending Directives 69/169/EEC and 77/388/EEC and increasing the level of tax benefits for travelers from third countries and restrictions on non-taxable purchases during travel within the Community. Retrieved from https://zakon.rada.gov.ua/laws/show/994_438#Text.

  • Council of Europe. 1996. European Social Charter (revised). Retrieved from https://zakon.rada.gov.ua/laws/show/994_062#Text.

  • Council of Europe. 2003. Council Directive 2003/88/EEC concerning certain aspects of the organization of working time. Retrieved from https://zakon.rada.gov.ua/laws/show/994_571#Text.

  • Dreval, Yu.D. 2017. Fundamental principles of the International Labor Organization in the context of globalization. Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine 6: 51–56.

    Article  Google Scholar 

  • European Council. 1989. Community charter of the fundamental social rights of workers. Retrieved from https://zakon.rada.gov.ua/laws/show/994_044#Text.

  • European Parliament. 2002. Directive 2002/14/EC of the European Parliament and of the Council on the establishment of a common structure for informing and consulting employees of the European Community. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32002L0014.

  • European Parliament. 2009. Lisbon treaty (reform agreement European Union). Retrieved from https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=OJ%3AC%3A2007%3A306%3ATOC.

  • European Parliament. 2012. Treaty on the functioning of the European Union. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT.

  • General Assembly. 1948. Universal declaration of human rights. Retrieved from https://zakon.rada.gov.ua/laws/show/995_015#Text.

  • General Assembly. 1966. International covenant on economic, social and cultural rights. Retrieved from https://zakon.rada.gov.ua/laws/show/995_042#Text.

  • Gostyuk, O.D. 2018. The right to work as an international standard. Law and Society 2: 92–97.

    Google Scholar 

  • Hathaway, J.C. 2021. The rights of refugees under international law. Cambridge University Press 3: 111–119.

    Google Scholar 

  • High Contracting Parties. 1992. Treaty on European Union. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012M%2FTXT.

  • International Labor Organization. 1944. Declaration on the goals and objectives of the International Labor Organization. Retrieved from https://zakon.rada.gov.ua/laws/show/993_328#Text.

  • International Labor Organization. 1981. Occupational Safety and Health Convention, 1981, No. 155. Retrieved from https://zakon.rada.gov.ua/laws/show/993_050#Text.

  • International Labor Organization. 1997. Charter of the International Labor Organization. Retrieved from https://zakon.rada.gov.ua/laws/show/993_154#Text.

  • International Labor Organization. 1998. Declaration on fundamental principles and rights at work, adopted on 18 June 1998. Retrieved from https://zakon.rada.gov.ua/laws/show/993_260#Text.

  • Ivchuk, YuYu. 2020. Application of labor protection principles in the study of the ratio of private and public interests in the field of labor protection. Current Issues of Law: Theory and Practice 1 (39): 19–36.

    Google Scholar 

  • Kolinko, O.O., and M.M. Rubets. 2017. European standards of labor organization: international legal regulation. International Scientific Journal Internauka. Series: Juridical Sciences 4 (4): 52–56.

    Google Scholar 

  • Kononenko, OYu. 2018. Justice as a humanistic basis of labor law of Ukraine. Kharkiv: Kharkiv National University of Internal Affairs.

    Google Scholar 

  • Melnik, V.P., and N.G. Soloninka. 2017. The concept and classification of principles of labor law. Scientific Bulletin of Uzhhorod National University. Series: Law 1: 134–138.

    Google Scholar 

  • Nazimko, O.V. 2019. Obligations of the state to take into account the norms of international labor law in the regulation of social and labor relations. Donbass Legal Journal 1: 65–71.

    Article  Google Scholar 

  • Nikolenko, A. 2019. International agreements in the system of sources of labor law of Ukraine. Enterprise, Economy and Law 1: 25–38.

    Google Scholar 

  • Rome, O.M. 2020. The system of sources of labor law of the European Union. Scientific Notes of TNU named after VI Vernadsky. Series: Juridical Sciences 31 (70): 159–163.

    Google Scholar 

  • Shevchenko, A., S. Kydin, S. Kamarali, and M. Dei. 2020. Issues with interpreting the social and legal value of a person in the context of the integrative type of legal-awareness. Fundamental and Applied Researches in Practice of Leading Scientific Schools 38 (2): 54–61.

    Article  Google Scholar 

  • Stewart, A., and J. Stanford. 2017. Regulating work in the gig economy: What are the options? The Economic and Labour Relations Review 28 (3): 420–437.

    Article  Google Scholar 

  • Sydorenko, V., I. Shorobura, A. Ponomarenko, M. Dei, and O. Dzhus. 2020. Application of technologies of formal and non-formal education for continuous professional development of the modern specialist. Revista Tempos E Espacos Em Educacao 13 (32): 1–24.

    Google Scholar 

  • Venediktov, S.V., and G.O. Spitsina. 2017. Labor law in Europe, 183. Kyiv: Nika-Center.

    Google Scholar 

  • Verkhovna Rada of Ukraine. 1966. About the National program of adaptation of the legislation of Ukraine to the legislation of the European Union. Retrieved from https://zakon.rada.gov.ua/laws/show/1629-15.

  • Verkhovna Rada of Ukraine. 1971. Labor Code of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/322-08#Text.

  • Verkhovna Rada of Ukraine. 2012. Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part. Retrieved from https://zakon.rada.gov.ua/laws/show/984_011#Text.

  • Vyshnevsky, M.V. 2018. Principles of administrative and legal regulation of the court staff in Ukraine. Prykarpattya Legal Bulletin 21 (22): 182–187.

    Google Scholar 

  • Werle, G., and F. Jessberger. 2020. Principles of international criminal law, vol. 1, 123–129. Cambridge: Oxford University Press.

    Google Scholar 

  • Yefrosinenko, L.V. 2018. Legal aspects of implementation of international norms in the field of labor legislation of Ukraine. Comparative and Analytical Law 4: 189–192.

    Google Scholar 

Download references

Funding

The authors did not receive support from any organization for the submitted work. No funding was received to assist with the preparation of this manuscript. No funding was received for conducting this study. No funds, grants, or other support was received.

Author information

Authors and Affiliations

Authors

Contributions

Authors’ contributions are equal.

Corresponding author

Correspondence to Malvina V. Danylova.

Ethics declarations

Conflict of interest

The authors declare they have no financial and competing interests.

Ethical approval

All procedures performed in studies involving human participants were in accordance with the ethical standards of the institutional and national research committee and with the 1964 Helsinki declaration and its later amendments or comparable ethical standards.

Consent to participate

Informed consent was obtained from all individual participants included in the study.

Consent for publication

All individual participants agreed to be included in the study.

Additional information

Publisher's Note

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Rights and permissions

Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.

Reprints and permissions

About this article

Check for updates. Verify currency and authenticity via CrossMark

Cite this article

Danylova, M.V., Denega, O.P., Danylov, M.O. et al. International Principles and Standards of Labor Law as a Basis for Improving Labor Legislation of Ukraine. Ind. J. Labour Econ. 65, 1121–1136 (2022). https://doi.org/10.1007/s41027-022-00409-2

Download citation

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s41027-022-00409-2

Keywords

Navigation