The Legal Nature of Social and Labor Rights of Citizens in Modern Conditions

Abstract

It was found that the legal nature of something, taking into account etymology and individual scientific interpretations, is a set of main, fundamental, central properties, indicators, characteristics and aspects of the relevant phenomenon, institution or object, which determine its place and significance in the legal system of the state and its role in social and legal relations. The legal nature is always unique and unrepeatable, as it refers to a specific or group of homogeneous legal phenomena, for example, human rights in the sphere of labor. It was noted that the constitutional nature of social and labor rights, as a feature of their legal nature, involves: first, their declaration in the norms of the highest in legal force legislative act, which is the basis of the legal system and state structure of the entire country; second, the determination of the special value of social and labor rights, as an integral part of the subject-oriented activities of the state and state bodies, ensuring the observance and implementation of human rights by all available means and methods; thirdly, the presence of special guarantees and mechanisms for the protection of social and labor rights; fourthly, the stability and immutability of the studied variety of human rights, as well as the impossibility of narrowing their content by the norms of other legislation of Ukraine.

It has been established that the legal nature of social and labor rights is expressed in the following components: firstly, the constitutional nature of the latter; secondly, their subjective property, that is, individual belonging to individuals as part of their legal status; thirdly, the social nature of the specified rights; fourthly, the existence of a public-legal component of ensuring and protecting this system of rights from violations. The study of the legal nature has shown a significant difference between social and labor rights and other human rights, which organically combine the public and private sides, and, therefore, have a completely unique essence.