ЗАГАЛЬНІ ЗАСАДИ ЄДНОСТІ ТА ДИФЕРЕНЦІАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН ПРАЦІВНИКІВ ВОДНОГО ТРАНСПОРТУ

Abstract

The article is devoted to the study of of general principles of unity and differentiation of legal regulation of labor relations of water transport employees. It is noted that the goal of differentiation of legal regulation of work on water transport is the ensuring equality of labor rights of employees and effective regulation of labor relations by defining and enshrining of the features and differences that are inherent in this type of labor relations and this category of employees in legal norms. It is proposed to understand the differentiation of legal regulation of labor relations on water transport as the division of norms determined by law that establishes due to objective features of labor and subjective characteristics of employees real differences in legal regulation of labor relations to ensure the principle of equality of labor rights and improving of the efficiency of labor relations regulation. It is also noted that the differentiation of legal regulation of labor relations on water transport is characterized by protective and compensatory functions: the protective function is intended to ensure the protection of the rights and interests of those employees who are unable to fully perform their job functions and are limited in their capabilities, the compensatory function is provided for compensation of negative consequences of work in dangerous and difficult conditions. The opinion is defended that differentiation on water transport can be carried out by using the following types of legal norms: 1) norms-additions; 2) norms-withdrawal; 3) norms-adaptations; 4) alternative norms. It is concluded that the application of these norms helps to eliminate contradictions in the legal regulation of the process of work on water transport and to establish additional guarantees and benefits for water transport employees. It is fixed that the limits of differentiation of legal regulation on water transport can be determined by the provisions of Article 9 of the Labor Code of Ukraine, by the principles of labor law and are due to the functions of labor law.