ЩОДО ЗАСТОСУВАННЯ ПРАВОВИХ ТРАНСПЛАНТАЦІЙ У ТРУДОВОМУ ПРАВІ УКРАЇНИ

Abstract

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.