The principles of ensuring legality in labor relations with a judge

Abstract

The article is devoted to a comprehensive analysis of the conceptual essence and clarification of the scope of the system of basic ideas (principles) ensuring legality in labor relations with a judge in Ukraine. The author concludes that these principles should be understood as relatively stable, mutually agreed and objectified in a normative form, fundamental ideas that, in the process of implementation, make it possible to effectively ensure legality in these relations (with-out prejudice to the proper functioning of the justice system, as well as the approval of the decent work of the judge). Assuring legality in labor relations with a judge involves an integrated system of fundamental ideas, which includes the general legal principles, the branch principles (actually, principles of labor law), and the special principles. The main general legal principles of ensuring legality in labor relations with a judge are the principles of the rule of law, justice and equality, legality, as well as the principle of humanism. The author refers to the branch principles: the principle of the inadmissibility of narrowing the freedom of work of a judge within the framework of ensuring legality; the principle of the inadmissibility of distortion of the harmonic stability of labor relations in the process of ensuring legality; the principle of unconditional respect for the human dignity of a judge as an employee with a unique labor law status in the process of ensuring legality; and the principle of guaranteed protection of the labor (and related) rights of a judge by the state from violations by subjects of authority and other subjects in the process of ensuring legality. A group of special principles consists of: the principle of a harmonious combination (correlation) of labor and administrative law norms in the process of ensuring legality in labor relations with a judge; the principle of adequate proportionality of the appropriate level of social security of a judge with the risks of a judge’s work, as well as with restrictions and prohibitions that relate to the work of a judge; the principle of preventing the narrowing of guarantees of independence of judges’ labor activity (work). The article concludes with a summary of the results of the study.