LEGAL MONITORING IN THE LABOR LAW SYSTEM OF UKRAINE AND SIGNS OF ITS EFFICIENCY

Abstract

The article is devoted to the study of the problems of the effectiveness of legal monitoring in the labor law system of Ukraine and the definition of its features. In the course of the research, the author critically notes those studies that do not provide an opportunity to trace the legal connection of the norms of labor law with their effectiveness, in particular, in the part of the reasons for the annulled decisions of the Supreme Court. The author proves that in Article 3 of Law No. 3354-IX of August 24, 2023 the principles of lawmaking activity, on which the institute of “legal monitoring” is based, are determined. Also, the author of the study notes that the principle of “efficiency” is not singled out in Article 3 of Law No. 3354-IX of August 24, 2023. Based on the results of the research, the author comes to the conclusion that legal monitoring, as a basic component of law-making activity, should be relied upon by the court, since it is the subject of law-making activity, the subject of the legal monitoring process. The author proves that the lack of effectiveness of legal doctrine in law enforcement activities leads to the inability to fully evaluate and analyze new legal studies in the field of labor law, therefore, the sectoral system of labor law should be characterized primarily by “systematicity” (orderliness) in order to ensure influence on problems of law enforcement and legal monitoring. Also, according to the results of the research, the author comes to the conclusion that the institution of law-making is a broader concept than the rule of law, as it is a tool for the direct creation of a rule of labor law. In the opinion of the author, the effectiveness of legal monitoring of labor law can be determined by the presence of a system of doctrine of labor law as a tool to ensure the quality of law-making activities in the field of labor legislation and labor law of Ukraine. In the opinion of the author, the signs of the effectiveness of legal monitoring in labor law should include: (a) the use of legal doctrine in the implementation of legal monitoring, as a tool and part of the law-making process in labor law; (b) the availability of formulas for assessing the suitability of legal doctrine and its ability to provide an assessment, apply scientific methods and carry out a scientific-legal (expert) analysis of the state of labor legislation, its implementation, implementation problems, etc.