Currently in Ukraine for violation of labor legislation provides for disciplinary, administrative or criminal liability. So, for violation of the labor law Art. 41 of the Code of Administrative Offences (hereinafter — KUOAP) for officials of enterprises, institutions and organizations, and business owners can be fined. In addition, Part 1 of Art. 172 of the Criminal Code of Ukraine (hereinafter — CCU) for gross violation of labor legislation provides for sanctions in the form of fines, denial of the right to occupy certain positions or engage in certain activities, forced labor, arrest. Do not forget about the disciplinary action, which for violation of certain provisions of the labor legislation may be incurred by employees in accordance with Art. 147 of the Labour Code of Ukraine (hereinafter — the Labour Code). In practice, it is possible that due to incorrect definition of the object of violation (offense, offense) to face can be unduly penalized, provided KUOAP, the Labour Code and the CCU, for violation of labor laws, in fact are not. Therefore, at the moment there is a practical need for the interpretation of the term «labor law» and asking his symptoms.

First of all, define with what regulations apply to the labor legislation. For this we turn to the Labor Code, which establishes the legal framework and guarantees of the rights of Ukrainian citizens to dispose of their abilities to productive and creative work. So art. 4 Labor Code refers to the legislation referred to the Labour Code, as well as other acts of legislation of Ukraine, adopted in accordance with it. Note that the term «law» is widely used in the fields of law and, as a rule, within the meaning of the aggregate of laws and other regulations, which are their sources and regulate a particular area of ??public relations. However, the method of presentation element blanket rule of law in Art. 4 Labor Code requires the definition of a set of normative and legal acts related to the acts of labor legislation. Therefore, try to determine the number of sources of law, within the concept of labor legislation.

For the interpretation of the term «legislation» pay attention to the decision of the Constitutional Court of Ukraine in the case of constitutional treatment of the Kiev city council of trade unions in relation to the official interpretation of the third part of Article 21 of the Labor Code (case on the interpretation of the term «legislation») (link — http://zakon1.rada .gov.ua / cgi-bin / laws / main.cgi? nreg = v012p710-98) on July 9, 1998 number 12-rp/98 case № 17/81-97 and № 1-1/98. For example, claim 1 of the operative part the Court determined that the term «law» as used in the third part of Article 21 of the Labor Code concerning the definition of the scope of the contract as a special form of employment contract, you should understand the laws of Ukraine, international treaties of Ukraine accepted as binding by the Verkhovna Rada of Ukraine, as well as resolution of the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, decrees and orders of the Cabinet of Ministers of Ukraine, adopted within their powers and in accordance with the Constitution of Ukraine and laws of Ukraine.

It should be noted that the Constitutional Court of Ukraine determines the interpretation of the term «law» only for the specific case under part 3 of article. 21 Labor Code. Is it possible to use the analogy of the law in such a situation and apply the interpretation of Constitutional Court of Ukraine for other Labor Code provisions? We believe that the list of regulations contained in the said decision of the Constitutional Court of Ukraine is not exhaustive of the employment relationship governed by all other items of the Labor Code. First of all, in the totality of the concept of labor legislation, it is appropriate to include regulatory and legal acts of ministries and other executive bodies, as well being a source of labor law. At the same time, in accordance with the Resolution of the Supreme Council of Ukraine «On the order of interim activities on the territory of Ukraine of individual acts of legislation of the USSR,» which establishes that prior to the adoption of appropriate legislative acts of Ukraine on the territory of the republic used the USSR legislative acts on issues that are not settled Ukrainian law, provided that they do not contradict the Constitution and laws of Ukraine. Therefore, in the fields of law continue to be subject to certain legislative acts of the former Soviet Union and their provisions. Those in the industry are labor law, for example, the Model work rules for workers and employees of enterprises, institutions, organizations, approved by the USSR State Committee for Labor and Social Affairs on July 20, 1984 № 213.

Note that, in accordance with Art. 57 of the Constitution, laws and other regulations that define the rights and obligations of citizens should be brought to the public in the manner prescribed by law. Otherwise, they are considered invalid. In addition, based on the Decree of the President of Ukraine «On state registration of legal acts of ministries and other bodies of executive power» from 03.10.1992g. Number 493/92 from 1 January 1993 regulations issued by the ministries and other bodies of executive authority, economic management and control, and affecting the rights, freedoms and legitimate interests of citizens or have interdepartmental be subject to state registration and shall take effect only Ten days after, if they do not establish a later date for entry into force. Thus, for violation of the law invalid or not enacted a legal instrument of the ministries and other bodies of executive power of the «guilty» person can not be prosecuted. However, some of the mentioned regulations of ministries and other executive agencies are not subject to state registration. So, on the basis of paragraph 5 of the Regulation «On state registration of legal acts of ministries and other executive agencies», approved by the Cabinet of Ministers of Ukraine dated 28 December 1992 № 731 on the state registration is not presented, including the legal and technical documents, such as Directory professional qualification characteristics of employees, approved by the Ministry of Labour and Social Policy of Ukraine from 27.12.2006. Number 336. Regarding the use of equivalent special law, in this case, are more practical to choose the one that is contained in a later act.

Art. 4 Labor Code also refers to the legislation on labor other legislative acts of Ukraine adopted in accordance with this Code. This norm implies a consistency other acts of labor legislation with the provisions of the Labor Code. However, some by force of law for the regulation of labor relations, may establish special rules than those agreed with the Labor Code, or not covered by its provisions, which objectively is inevitable at this stage of development of Ukrainian statehood. With such a legal conflict, reason not to take into account the norms mentioned in the Laws of Ukraine’s sake «older» labor code  — no. In addition, the act of labor law should apply it to the branch of labor law, ie it must be established the legal rules governing the institutions of labor law, labor relations, or elements thereof. For example, the standard forms of primary records on labor, approved by the Order of the State Committee of Statistics of 05.12.2008 № 489 «On approval of generic forms of primary records of Labor Statistics,» such as, for example, P-1 «order (order) for a job «P-3» order (order) for leave, «P-5» timesheet «does not refer to the law on labor. Because Order number 489 adopted in accordance with the Law of Ukraine «On State Statistics» from 17.09.1992g. Number 2614-XII, which, in turn, regulates the legal relations in the field of statistics, and hence to the law governing labor relations — is not.

Thus, the term «labor law» should be understood Terms and Conditions, as well as a set of existing laws and regulations (of the international legal acts, laws, regulations, etc.), which regulates the institutions of labor law, certain labor relations or their separate elements .