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Theoretical Issues of Civil and Labor Law

ННД.10.

Обов’язкова дисципліна для ОП

Second

2023/2024

3 Semester

7

Know the basic paradigms of labor law understanding; branch components of the philosophy of labor law (labor law axiology, labor law ontology, labor law teleology, labor law epistemology, labor law praxeology, etc.); learn the differences between normative critical and normative dogmatic discourses, between legal positivism and natural law as key paradigms of legal understanding in the field of labor law. Analyze, critically comprehend the norms of labor law through the prism of philosophical categories, establish value and normative relations between the norms of labor law and their original philosophical bases.

Know the main aspects of the formation and development of institutions of labor law, features of labor relations and their legal nature; acts of labor legislation. Be able to use the conceptual and categorical apparatus of labor law, to characterize the problems of labor law and apply the acquired knowledge in solving theoretical and practical issues in labor law.

Current issues of active labor legislation, problems of its reformation. Atypical employment and issues of its legal regulation. Application issues of labor legislation (legal positions of the Supreme Court, decisions of the Constitutional Court of Ukraine, decisions of the European Court of Human Rights). Issues of protection of labor rights of employees. Individual and collective labor disputes (conflicts).

1. Theoretical principles of labor law of Ukraine: training manual / ed. V.L. Kostyuk, M.I. Inshyn. - Kyiv: “Lyudmyla Publishing House”, 2019. - 452 p. 2. Inshyn M.I. Labor law of Ukraine and foreign countries: Academic course. General and Special part: textbook / M.I. Inshyn, V.I. Scherbyna. - Kharkiv: Collegium, 2017. - 1122p. 3. Codification of labor legislation of Ukraine: [monograph] / N.M. Khutoryan, O. Ya. Lavriv, S.V. Vyshnevetska and others. ; ed. LL.D., Prof. N.M. Khutoryan, LL.D., Prof. M.I. Inshyn, LL.D., Prof. S.M. Prylypko, LL.D., Prof. O.M. Yaroshenko. - KH.: FINN, 2009. - 432 p. 4. Andriiv V.M. The legal mechanism of ensuring the labor rights of employees: [monograph] / V.M. Andriiiv - Chernihiv: Chernihiv State Institute of Law, Social Technologies and Labor, 2011. - 301 p. .

Verbal: lecture, debate, discussion. Visual: illustration, presentation, self-observation. Practical: analysis of labor legislation, practice of its application, study of certain decisions and legal positions of the Supreme Court, the Constitutional Court of Ukraine, some decisions of the European Court of Human Rights.

According to the results of the final form of control (exam) a student can get a maximum of 60 points. If the student scored less than 36 points during the final form of control, which is the exam, the latter are not added to the semester grade (regardless of the number of points obtained during the semester), “0” is put in the column “points for the final form of assessment”, and only the number of points obtained during the semester is transferred to the column “resulting grade”. The final grade for the discipline is formed by adding the number of points obtained during the semester and the number of points obtained at the final form of control (credit, exam) and the amount of points may not be less than 60 points.

Ukrainian