EFFICIENCY OF LABOR LAW INSTITUTIONS OF UKRAINE AND THEIR LAW-MAKING CRITERIA

Abstract

The article is devoted to the study of the problems of the effectiveness of labor law institutes of Ukraine and the search for law-making criteria for their evaluation. The article states that in connection with the changes to the labor legislation, the institutions of the labor legislation are changing, which can cause a legal impact on their weakening or strengthening, leading to their ineffective or effective state. Therefore, the law-making process itself can be aimed at legal monitoring of legal branch institutions. Based on the results of the research, the author comes to the conclusion that the issues of the effectiveness of labor law institutes are revealed narrowly in the educational and scientific literature, because it is mainly about the effectiveness of legal norms, and not the institute as a whole. So, the issue of comparison, and therefore of legal monitoring of such phenomena as “institute of law (industry institute)” and “norm of law”, is explained by the methodological gap of legal studies and ideas about effectiveness in law, about the effectiveness of the law-making process both in relation to “norm of law” and and regarding the “institute of law (industry institutes of labor law in particular)”. The author proves that if the educational material (textbooks, manuals) does not ask questions about the analysis of the “effectiveness of institutions”, then, accordingly, the lawyer will not ask questions about the effectiveness of the doctrine of labor law. And this, according to the author, turns into a problem of the very effectiveness of legal monitoring and law-making. After all, it is here that there is a doctrinal and legislative gap in identifying the criteria for the effectiveness of labor law institutes, which is nothing but “collapsing” in the field of labor law itself in terms of ensuring the effectiveness of law-making and law-monitoring processes. In the end, the author determines that the criteria for the effectiveness of labor law institutes should be perceived through manifestation in levels (stages/procedures): (a) those capable of ensuring the effectiveness of legal monitoring at the level of planning the development of normative legal acts to the labor legislation of Ukraine; (b) those that are able to ensure the effectiveness of legal monitoring at the level of drafting drafts of normative legal acts to the labor legislation of Ukraine; (c) those capable of ensuring the effectiveness of legal monitoring at the level of adoption (issuance) of normative legal acts on the labor legislation of Ukraine; (d) those capable of ensuring the effectiveness of legal monitoring at the level of keeping records of normative legal acts to the labor legislation of Ukraine. In the end, the author provides criteria for the effectiveness of labor law institutions, which, in his opinion, can be determined by taking into account the legal doctrine in terms of the effectiveness of labor law institutions; taking into account the effectiveness of labor law institutes at the level of ECtHR practice; taking into account the effectiveness of labor law institutions at the level of European integration legislation.