Abstract

The article is devoted to the analyses of influence of labor law doctrine on development of labor legislation. It is stated that labor law doctrine is primary source of law in following cases: (a) enshrined in legislation of legal norms; (b) resolving legal cases in practice, particularly in judicial bodies. It is emphasized that the labor law doctrine has been forming and developing during process of analyses of (a) international legal norms and current legislation of the country and foreign countries; (b) domestic court practice and practice of European Court of Human Rights; (c) real relationship in the sphere of labor, which comply with the conditions of social and economic development of the country; (d) obtained in the past knowledge about the nature and regularity of development labor relationship and closely related relationship. It was concluded that the labor law doctrine as sectoral legal doctrine is logical continuation of legal doctrine in the government simultaneously exactly at the level of sectoral doctrine of law, legal ideas of modernity, which has the abstract character in the sphere of socially useful work, acquire the qualitatively new expression with its maximum adaptivity to implementing particular type of relationship in the sphere of labor.

Highlights

  • INFLUENCE OF LABOR LAW DOCTRINE ON DEVELOPMENT OF LABOR LEGISLATIONSummary The article is devoted to the analyses of influence of labor law doctrine on development of labor legislation

  • Current conditions of development of Ukrainian statehood are characterized by reconsideration of values and place of law and doctrine among values

  • Law as a regulator of social relation reflects these values in itself and level of social and cultural development, which is inherent for the society, but how the doctrine plays a role as a source of law? what is the place of the doctrine of law at the system of law sources and how it influences the development of legislation and social relationship? The answer to these questions should give that science via grounding the influence of legal doctrine at the development of social relations within the framework of law

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Summary

INFLUENCE OF LABOR LAW DOCTRINE ON DEVELOPMENT OF LABOR LEGISLATION

Summary The article is devoted to the analyses of influence of labor law doctrine on development of labor legislation. It is stated that labor law doctrine is primary source of law in following cases: (a) enshrined in legislation of legal norms; (b) resolving legal cases in practice, in judicial bodies. It is emphasized that the labor law doctrine has been forming and developing during process of analyses of (a) international legal norms and current legislation of the country and foreign countries; (b) domestic court practice and practice of European Court of Human Rights; (c) real relationship in the sphere of labor, which comply with the conditions of social and economic development of the country; (d) obtained in the past knowledge about the nature and regularity of development labor relationship and closely related relationship.

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