THE SOCIAL NATURE OF THE RIGHT TO WORK IN UKRAINE: THEORETICAL AND LEGAL UNDERSTANDING AND DEVELOPMENT PROSPECTS

Abstract

In the article it is implemented a comprehensive theoretical and legal understanding of the essence and content of the right to work in the conditions of prolonged economic instability and full-scale war in Ukraine. It is substantiated that the dominance of the economic approach to understanding this right narrows its true nature, reducing it to a means of ensuring existence, while the right to work has a much wider meaning – social and natural. It is emphasized that the right to work belongs to the rights of the second generation and is aimed not only at ensuring the material needs of a person, but also at his social integration, self-realization and affirmation of dignity. There are analyzed the international legal and constitutional principles of consolidating the right to work, as well as its development in the national legal system. The special attention is paid to the legal positions of the Constitutional Court of Ukraine, which reveal the content of this right through the perspective of labor freedom, guarantees of its implementation and protection from illegal dismissal. It is established that the right to work has a multi-component structure, which includes natural, inherent economic, social and normative properties, as well as additional guarantee, organizational-legal and individualizing characteristics. It is argued that in the context of the post-war reconstruction of Ukraine, the right to work acquires special importance as a tool for ensuring social peace, restoring social connections and creating conditions for a decent life, in particular for war veterans. It is concluded that the modern understanding of the right to work should be based on a human-centric approach, which combines its economic function with a social mission and is aimed at ensuring the full development of the individual and society as a whole.