PARADIGM SHIFT IN SURVIVAL STRATEGY (ON THE EXAMPLE OF SOCIAL AND LABOR RELATIONS). PART 2: CONTENT AND SCOPE OF SOCIAL AND LABOR RIGHTS

Abstract

The article is devoted to the analysis of the essence of the content and scope of social and labor rights, as a component of socio and economic rights in their relation with the restriction or narrowing of rights in the context of material and resource expenditures of the State. There is the opinion defended in the article that the restriction of the constitutional rights and freedoms of citizens in the field of labor and social protection in the conditions of martial law or a state of emergency is a relic of the Soviet era. It is emphasized that law and its core – justice, in combination with the concept of collectivism, requires the awareness that citizens and their associations, in particular through civil society institutions, should collectively influence the dynamics of law as a reflection of justice in the degree of human and civil rights and freedoms. Individualism in defending rights and freedoms is effective only in resolving individual labor disputes and does not affect the general state of law and order in the field of labor. Individualism of a person is necessary for the realization of his or her specific legal capabilities that meet his/her needs and interests. That means, the realization of opportunities in law requires not only individual volitional actions, but also collective ones. Analysis of the essence of the content and scope of social and labor law convinces that the resource and material base of these rights belongs to the employer (fixed and defense funds) and the employee (ability to work). It is on the basis of the material and resource base of these entities that are forming the financial capabilities of the state, therefore, the legal possibilities of restricting the constitutional rights and freedoms of citizens in the field of labor and social protection in the conditions of martial law or a state of emergency, which are enshrined in the Constitution of Ukraine, must meet the interests of employees and employers as legally equal subjects. The ideological basis for the restriction of social and labor rights of citizens in a state of emergency or martial law is a vestige of the Soviet era, which does not correspond to the ideology and purpose of the existence of a democratic, legal, social state. It is substantiated that the duration of martial law in Ukraine obviously does not depend on the unilateral expression of the will of the Ukrainian people. Without denying the relevance and expediency of adopting the Law of Ukraine "On the Organization of Labor Relations under Martial Law" of March 15, 2022, today the conditions are ripe for rethinking its provisions in order to improve legislation in this area. At the very least, the content and scope of labor and social rights of employees convince us that it is necessary to analyze the effectiveness of labor law norms regarding the organization of labor relations under martial law and rethink and clarify the purpose of introducing such restrictions.