Administrative liability for offenses in the field of labor protection
Students Name: Yurchenko Mariia Mykhailivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Yurchenko M.M., Ostapenko O.I. Administrative liability for offenses in the field of labor protection. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. The genesis of the idea of ??administrative liability for violation of Ukrainian legislation on labor and labor protection has a theoretical and applied content, and its implementation involves a set of organizational and legal measures aimed at ensuring the statutory labor relations in the spheres of human life [1]. The current administrative legislation of Ukraine for committing offenses in the field of labor protection, despite their increased public danger and material damage, provides, first of all, the application of the guilty person only an administrative fine in small amounts. In particular, the procedural rules of proceedings in cases of administrative offenses do not fully determine the procedural status of all participants in the proceedings at the stages of the case, but also the decision on it and its implementation [2]. Administrative punishments for the offences committed in the field of labour protection in the form of administrative fine are inconsiderable and not corresponding to the changes taking place in socio-economic sphere of Ukraine. A thorough analysis was made in order to discover identifications and distinctions of administrative liability for the offences committed in the field of labour protection with other types of administrative liability [3]. The content and levels of preventive measures for administrative offences committed in the field of labour protection are examined. The comparative analysis of the ratio of proceedings in cases of administrative offenses committed in the field of labor protection, with other types of legal liability, shows the existing distinctions and similarities in the proceedings, the elimination of which is possible only at the legislative level [4]. Study object – public relations in the field of administrative liability for offenses committed in the field of labor protection. Scope of research – administrative liability for offenses committed in the field of labor protection. Goal of research – comprehensively study and highlight the theoretical and practical aspects of administrative responsibility in the field of labor protection. The master’s thesis deals with the comprehensive study of substantive and procedural rules of administrative liability in the field of labour protection. The grounds of administrative liability, its evolution and enforcement in the field of labour protection are investigated. The nature, features and significance of the protection function of administrative liability for the protection of rights, freedoms and legal interests of labour relations subjects are considered [5]. The particularities of objective and subjective characteristics of administrative violations as a variety of wrongful acts or omission that encroach on labour relations in the field of labour protection are revealed [6]. It is proved that labor protection as an object of administrative and legal protection is a system of social relations that causes the creation of their own and healthy working conditions, which exclude accidents, occupational injuries among workers. There is a well-founded need to protect legitimate stakeholders, which include counteracting inaction in the field of labor protection, resolving issues of proceedings, the procedure for implementation, studying the circumstances precluding implementation, consideration of administrative proceedings, adoption of any decision and its implementation. It is proposed to consider the cognitive process of the relationship and relationship of administrative liability for offenses committed in the field of labor protection, based on the application of a comparative method that will help identify and compare identities and discrepancies between the material and procedural content of liability. Approaches to the expediency of using social dialogue as a process of defining and converging positions, reaching agreements and making generalized decisions between participants in labor relations during labor protection are presented and substantiated [7]. It is noted that the prevention of administrative offenses in the field of labor protection involves the conscious activities of the subjects of prevention, aimed at using legal, moral and other forms of influence and restrictions to prevent, localize or neutralize negative phenomena in the field of labor relations. The main objects of preventive influence are: the causes and conditions that contribute to the commission of administrative offenses in the field of labor protection; subjects violating labor relations, in respect of which subjects of prevention in accordance with current legislation apply preventive measures within the limits provided by law; persons with persistent deviant and tortious behavior, as well as those who have repeatedly been held administratively liable for violations of labor and labor protection legislation; persons who may be victims of administrative offenses in the field of labor protection. 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