FUNCTIONAL NATURE OF LEGAL MEANS IN THE IMPLEMENTATION OF SOCIAL FACILITIES OF LABOR LAW

Abstract

INTRODUCTION Law as a state is an integral component of social development, social transformation, and a necessary tool for ensuring law, freedom and justice1. The evolution of social life, the development of market economy, the emergence of new types of relations inevitably affected their legal regulation. There have changed the priorities of legal regulation and a circle of social relations that require legal influence. This requires the search for a modern legal science and the justification of new ways of ensuring the effectiveness of law and means of legal influence on the participants in the legal relationship. In this direction, in our opinion, it deserves attention the instrumental theory of S.S. Alexeyev, whose work was initiated in 19872. Determining the methodological foundations for the formation and the use of legal means has a great practical importance for the effectiveness of legislation, the effectiveness of which reflects the level of protection of the rights and freedoms of citizens in the state. Legal regulation should ensure a “fair balance” of the interests of participants in the area of work. The consolidation, implementation, guarantee, security and protection of rights and freedoms of persons and their groups, in particular in the area of work, must reflect a “reasonable proportion between the used means and the achievable goals”3. And therefore the law with all legal means must balance the common interest of society, and rights and legitimate interests of the state, employers and workers in the area of work. The globalization of the world and the surge of global and local financial crises inevitably affect the level of well-being of the working population and the provision of working conditions for workers, and thus, overcoming these negative consequences in the area of work without the participation of researchers is impossible. In our opinion, sciencebased approaches to securing the labor rights and legal interests of citizens