ЗНАЧЕННЯ АКТІВ МІЖНАРОДНОЇ ОРГАНІЗАЦІЇ ПРАЦІ ДЛЯ СУДОВОЇ ПРАКТИКИ УКРАЇНИ

Abstract

The article analyses the peculiarities of the application of the standards of the International Labour Organization in the judicial practice of Ukraine. Despite the fact that the claimants very often, when filing the lawsuits, strengthen their argumentation by referring to the ILO Convention or Recommendation, these international standards do not form the direct basis of the subsequent court decisions. This circumstance is viewed primarily as one resulting from the tendency of understanding the concept of international labour law as international public labour law, namely, when the law that is associated with the cooperation of states, interstate associations, international organizations, and national level social partners. Its subject is interstate public relations, regarding the establishment and implementation of international standards of human rights in the field of labour. In turn, international public labour law is always characterized by a complex nature, which is expressed by the combination of elements of international law with national labour legislation. So, on the one hand, after the ratification of an international act, under the Article 9 of the Constitution of Ukraine it becomes part of the national legislation and in the future, moreover, its provisions do not actually function independently, but are developed in the legal acts of Ukraine. But, on the other hand, the given circumstance in no way eliminates the possibility of direct application of the international standard in the case of non-regulation of the relevant issue in the legal acts of Ukraine. This is expressly specified in the Article 81 of the Labour Code. The rule states that, if an international agreement in which Ukraine participates establishes rules other than those contained in the legislation of Ukraine on labour, the rules of the international agreement are applied. Taking into account the enormous regulation of employment relationships at the state level, in Ukraine, the direct application of ILO conventions and recommendations is appropriate, first of all, in cases of gaps existing in national legal acts. In addition, it should be noted that the ILO Constitution obliges each ILO member state to report on the measures it has taken to apply the ratified Conventions. Such reports are based not only on national legislation, but also on judicial practice. This fact strengthens the role of the judiciary in the implementation of Ukraine's international obligations, because the results of its activities may affect the international image of the state. In addition, active involvement of the courts in the implementation of international standards at the national level creates a unique pool of information that allows the ILO to develop further ways of effective international regulation in the field of labour.