SOME PRACTICAL ISSUES OF THE RELATIONSHIP BETWEEN GENERAL AND SPECIAL LEGISLATION IN PART OF ESTABLISHING CHANGES IN THE AMOUNT OF SALARY FOR HEADS OF STATE BANKS

The article examines the judicial practice regarding the limitation of salaries of heads of state banks in accordance with the Law of Ukraine No. 553-ИХ, as well as the correlation of the norms of this law with the provisions of labor legislation. In particular, the case is analyzed on the claim of the head of JSC CB "Privat Bank" regarding the collection of salary arrears for the period from April to August 2020. The Supreme Court, in its decision of August 23, 2023, sided with the state, recognizing the imperative nature of the provisions of the law on the state budget and justifying the limitation of remuneration of members of the boards of state banks as lawful and mandatory. At the same time, the author raises the issue of the legality of the priority application of the norms of budget legislation over the norms of labor law, including the norms of the Labor Code of Ukraine and the Law of Ukraine "On Remuneration". Particular attention is paid to the principles of legal certainty, predictability and the rule of law (the rule of law), which must be observed when resolving disputes arising between subjects of labor relations. The author refers to the Decision of the Constitutional Court of Ukraine dated June 18, 2020 No. 5-р(II)/2020, which emphasizes the need for judges to adhere to classical legal principles in the event of a conflict between norms of the same hierarchical level: lex posterior derogat priori, lex specialis derogat generali, lex posterior generalis non derogat priori speciali. Failure to comply with these principles in practice may indicate a formal and dangerous disregard for the basic principles of the rule of law. The article also provides an analysis of another court case on the claim of the head of JSC "State Savings Bank of Ukraine", in which the Supreme Court emphasized the contractual nature of the employment contract and the application of the provisions of civil law, in particular Article 629 of the Civil Code of Ukraine, which guarantees the mandatory fulfillment of the terms of the contract by the parties. The author proves that the contract as a special form of an employment contract is a manifestation of the combination of state and contractual regulation of labor relations. This form allows the parties to agree on working conditions, including the amount of remuneration, in accordance with the principle of freedom of contract, which is a fundamental provision of civil and labor law. In the context of the implementation of the constitutional principle of freedom of labor, the article reveals the dynamic nature of labor contractual obligations, emphasizing that freedom of contract extends to both the conclusion and amendment or termination of the contract. The author refers to modern legal doctrines that interpret freedom of contract not only as the right of the parties to conclude a contract, but also as the right to change the terms of cooperation within the legal field, taking into account the principles of proper and real fulfillment of obligations. Thus, the article substantiates that the labor legislation of Ukraine, in particular the Labor Code, ensures the unity of legal regulation of labor and provides for contractual regulation of labor conditions, however, judicial practice sometimes demonstrates the priority of imperative norms of budget legislation over private law principles, which gives rise to legal contradictions. The author emphasizes the need to ensure a balance between state interests and the rights of employees, especially in the area of ​​contractual regulation of labor relations in the public sector. The article contains a doctrinal and practical analysis of the current situation and formulates recommendations for a consistent and systematic approach to the application of legal norms in such labor disputes.