DETERMINATION OF THE COMPETENCE OF THE AUTHORITIES EXERCISING SUPERVISION AND CONTROL OF COMPLIANCE WITH LABOR LEGISLATION OF UKRAINE, AND THEIR INTERACTION

Abstract

The relevance of the article is that today, the powers of control and supervision have a large number of public authorities that can be applied to any relationship or only compliance with labor laws. Such bodies are in complex administrative, legal, economic relations with each other, but may belong to different branches of government or may not be subject to the standard division into legislative, executive and judicial branches of government. This situation is quite ambiguous. Of course, the presence of a large number of bodies that control and supervise compliance with labor legislation provides an opportunity to conduct inspections of most of the growing number of enterprises in Ukraine, guarantees specialization and the availability of special professional knowledge of officials. However, it is necessary to qualitatively regulate and establish the limits of their competence, which seems to be a difficult task in the context of constant reform of the system of control bodies, separation of competences of individual authorized bodies or, conversely, its absorption. The article is devoted to the analysis of delimitation of competence of bodies supervising and control over observance of labor legislation of Ukraine, and their interaction. The article analyzes the terms "state control", "administrative supervision", "state control ». The purpose of control and supervisory activity of public administration bodies on the example of the economic sphere of relations is revealed. Legislative consolidation of the concept of "state control (supervision)" in modern control and supervision legislation is substantiated. It is concluded that the competence of the bodies of control and supervision over the observance of labor legislation allows to cover the maximum number of types of labor activity and to ensure labor protection and hygiene. The division of competence between control and supervision bodies allows for professional supervision and control of even the most technologically complex issues, such as the use of nuclear energy, radiation safety, and work with potentially hazardous materials. In addition, the presence of a hierarchical structure allows you to control and manage the activities of control and supervision bodies, to determine a common goal for them, to introduce new concepts of communication. At the same time, the interaction between the bodies of control and supervision over the observance of labor legislation needs to be improved. Coordinating councils need to be established to communicate with all control and oversight bodies, as each of them reports to different ministries or to the Cabinet in general, which complicates the process of merging and optimizing control and oversight.