Some issues of the certain measures of preventing the violations of labor protection standards in the conditions of martial state in Ukraine

The article considers the most relevant issues related to citizens’ appeals, inspection measures and legal liability, which are applied as a result of violations of the legislation of Ukraine on occupational health, safety and hygiene. The concept of responsibility in modern legal science is clarified in detail. The authors cite several of the most successful academic definitions of this concept. The conclusion is made that the study of various definitions of the content of the concept of «responsibility» gives grounds to assert the following main features of it: 1. Legal responsibility is a type of social responsibility. 2. The basis for legal liability is a violation of the law or right committed by an individual or legal entity. 3. The consequences of legal liability are a negative reaction of the state in the person of the competent authorities, which consists in applying sanctions to the violator of the law or law. 4. Sanctions (collective penalties, punishments, measures) as consequences of legal liability consist in the loss of certain benefits of a personal, organizational and property nature by the offender for the committed offense. 5. Legal liability is expressed in the norms of law, which are enshrined in current regulatory legal acts of a national nature, more often codified. 6. The application of legal liability has a clear procedural form. The article emphasizes the importance of two real legal instruments used in modern public administration in the field of labor: legal and organizational. The article also draws attention to the mechanisms for detecting violations in the field of labor protection and bringing them to justice. According to the authors, most often the specified offenses are officially detected as a result of the activities of specialists of the labor protection service of enterprises, institutions and organizations; persons authorized by trade unions for labor protection issues and employees as a result of reports by these persons to specially authorized state authorities. Also, violations in the field of labor protection are detected by specialists of the State Labor Protection Service of Ukraine (and their territorial bodies) as a result of the exercise of inspection powers. The authors of the scientific article analyze the legal, organizational, and practical aspects of citizens’ appeals to authorized bodies with reports of violations of occupational health, safety, and hygiene at domestic enterprises.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-03-23
DOI
https://doi.org/10.24144/2307-3322.2025.87.3.14
Primary Topic
Legal Studies and Reforms
Type
article
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article

Some issues of the certain measures of preventing the violations of labor protection standards in the conditions of martial state in Ukraine

В. Б. Пасічнюк, Yaroslav Yakovchuk
Uzhhorod National University Herald Series Law
Legal Studies and Reforms
article

Some issues of the certain measures of preventing the violations of labor protection standards in the conditions of martial state in Ukraine

В. Б. Пасічнюк, Yaroslav Yakovchuk
article en

Abstract

The article considers the most relevant issues related to citizens’ appeals, inspection measures and legal liability, which are applied as a result of violations of the legislation of Ukraine on occupational health, safety and hygiene. The concept of responsibility in modern legal science is clarified in detail. The authors cite several of the most successful academic definitions of this concept. The conclusion is made that the study of various definitions of the content of the concept of «responsibility» gives grounds to assert the following main features of it: 1. Legal responsibility is a type of social responsibility. 2. The basis for legal liability is a violation of the law or right committed by an individual or legal entity. 3. The consequences of legal liability are a negative reaction of the state in the person of the competent authorities, which consists in applying sanctions to the violator of the law or law. 4. Sanctions (collective penalties, punishments, measures) as consequences of legal liability consist in the loss of certain benefits of a personal, organizational and property nature by the offender for the committed offense. 5. Legal liability is expressed in the norms of law, which are enshrined in current regulatory legal acts of a national nature, more often codified. 6. The application of legal liability has a clear procedural form. The article emphasizes the importance of two real legal instruments used in modern public administration in the field of labor: legal and organizational. The article also draws attention to the mechanisms for detecting violations in the field of labor protection and bringing them to justice. According to the authors, most often the specified offenses are officially detected as a result of the activities of specialists of the labor protection service of enterprises, institutions and organizations; persons authorized by trade unions for labor protection issues and employees as a result of reports by these persons to specially authorized state authorities. Also, violations in the field of labor protection are detected by specialists of the State Labor Protection Service of Ukraine (and their territorial bodies) as a result of the exercise of inspection powers. The authors of the scientific article analyze the legal, organizational, and practical aspects of citizens’ appeals to authorized bodies with reports of violations of occupational health, safety, and hygiene at domestic enterprises.

Uzhhorod National University Herald Series LawVol. 3(87)
Human Growth Foundation (US)
Openalex Percentile: Top 93%
Legal Studies and Reforms
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