The Right to Work in Ukraine: From Imperial Practices to the European Standards

Abstract

Ukraine has gone a long way in developing the right to work. The lack of own statehood for a long period led to the fact that labour relations were regulated by the legislation of empires, which included Ukrainian lands. The purpose of the article is to trace the genesis of the right to work in Ukraine from the beginning of its normative consolidation in the 19th century to the modern stage of bringing national legislation to European standards. Scientific novelty: for the first time, an analysis of the evolution of labour rights in legislation from the imperial acts to the present was carried out, the reasons for changes in the field of labour legislation were analysed. Methodology: the application of problem-chronological, comparative-historical, historical-legal methods made it possible to follow the genesis of the right to work in Ukrainian legislation from the imperial experience to the present. The combination of historical and jurisprudential methods contributed to the systematic examination of the problem, made it possible to follow the influence of the legal component on history, which determined the novelty of the research.
 Conclusion: The adoption of imperial legislation was conditioned by the deepening of capitalist relations, but it was limited in nature and did not adequately ensure the rights of workers. Soviet legislation regulated labour relations in more detail. Democratic principles were proclaimed, which, however, had a declarative nature, which was confirmed by the legislative consolidation of forced labour, discrimination in the field of labour relations. With the declaration of independence in Ukraine, labour relations were restructured on the basis of the market, but the Code of 1971 is still in force. With the signing of the Association Agreement with the EU in 2014, Ukrainian labour legislation is being brought closer to European standards.