ADAPTATION OF UKRAINE’S LABOR LEGISLATION TO EUROPEAN UNION LEGISLATION: PROBLEMS AND WAYS TO OVERCOME THEM

Abstract

The harmonization of Ukraine’s labor legislation with EU legislation requires the embedding of its supranational system of law. To do this, it is necessary to review the role of the state, in particular its judiciary branch in the regulation of relations in the field of labor. It is important that EU legislation which regulates public and private aspects of hired labor gives EU member states the right to independently choose forms and methods of implementation of European standards in private spheres. The arrangement of labor and related relations depends on the ideas of the participants of labor law relations about freedom, justice, equality and humanism. Improvement of Ukraine’s labor legislation based on European basic principles and conditions of labor regulation is the main condition for joining the European Union. Simply transferring the norms of European legislation to the national one is impossible since EU legislation differs from the labor legislation of Ukraine regarding the system of its forms. It is also important that EU law is generally a supranational legal system. It is also worth to pay special attention to the fact, that the fundamental rights and socio-economic interests of employees are enshrined in EU regulations, thus they acquire legal certainty. Also, the process of their consolidation, guarantee, implementation, and protection is continuous. EU legislation is characterized by dynamism, as it evolves with the development of society and its ideas of “necessary” and “desirable”.