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Current Issues of Labor Law of Ukraine
Major: Law
Code of subject: 7.081.01.O.004
Credits: 5.00
Department: Civil Law and Procedure
Lecturer: О. Bayik
Semester: 1 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation of competencies in students of education:
Integral competence (IНT):
The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (ЗК):
ЗК2. Ability to conduct research at an appropriate level.
ЗК4. Ability to adapt and act in a new situation.
ЗК6. Ability to generate new ideas (creativity).
ЗК7. Ability to make informed decisions.
ЗК9. Ability to work in international content.
ЗК10. Ability to develop projects and manage.
Special (professional subject) competences (СК):
СК1. Ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
СК2. Ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine.
СК3. The ability to analyze and evaluate the impact of the Convention on the Protection of Human Rights and Fundamental Freedoms, as well as the practice of the European Court of Human Rights on the development of the legal system and law enforcement in Ukraine.
СК4. The ability to assess the interaction of international law and international legal systems with the legal system of Ukraine.
СК7. Ability to apply knowledge and understanding of the basic principles (principles) and procedures of the judiciary in Ukraine.
СК8. Ability to use mediation and other legal tools of alternative out-of-court proceedings and resolution of legal disputes.
СК9. The ability to apply an interdisciplinary approach in the assessment of legal phenomena and law enforcement activities.
СК10. The ability to make decisions in situations that require a systematic, logical and functional interpretation of legal norms, as well as an understanding of the peculiarities of the practice of their application.
СК11. The ability to critically evaluate the effectiveness of representation and protection of the rights, freedoms and interests of clients.
СК12. Ability to establish ethical standards of legal activity, standards of professional independence and responsibility of a lawyer.
СК13. The ability to convey information, ideas, the content of problems and the nature of optimal solutions to specialists and non-specialists in the field of law with proper reasoning.
СК14. The ability to independently prepare drafts of regulatory and legal acts, justify the social conditionality of their adoption, predict the results of their impact on relevant social relations.
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following program learning outcomes:
Learning outcomes (РН):
PH1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
PH10. Conduct a comparative legal analysis of individual legal institutions of different legal systems, taking into account the relationship between the legal system of Ukraine and the legal systems of the Council of Europe and the European Union.
Required prior and related subjects: Previous academic disciplines
Actual problems of civil law and process (jurisprudence)
Associated and subsequent academic disciplines
Procedural representation
Summary of the subject: "Actual problems of the labor law of Ukraine" is an educational discipline that guides students to an in-depth analysis of problematic issues in the field of labor law, acquiring practical skills in working with regulatory and legal acts regulating labor relations. Studying the discipline will allow students to form a complete and objective idea of the current problems of labor law in Ukraine. Within the educational discipline "Actual problems of the labor law of Ukraine" students' knowledge is formed about existing problems of labor law, in particular regarding: individual and collective relations in the labor law of Ukraine; relations of private and public regulation by the labor law of Ukraine; labor protection in the labor law of Ukraine; harmonization of the labor law of Ukraine with the law of the European Union; legal responsibility in labor law of Ukraine; protection of labor rights of employees in Ukraine; consideration of cases arising from labor relations in court.
Deep assimilation by students of the main provisions of this educational discipline is a necessary condition for the formation of qualified specialists, in particular, future lawyers, legal advisers, etc.
Опис: Topic 1. Actual problems of the social purpose of the labor law of Ukraine and normative legal support of labor relations.
Topic 2. Problems of individual and collective relations in labor law of Ukraine.
Topic 3. Problems of relations between private and public regulation by the labor law of Ukraine.
Topic 4. Problems of labor protection in the labor law of Ukraine.
Topic 5. Problems of harmonization of labor law of Ukraine with the law of the European Union.
Topic 6. Problems of legal responsibility in labor law of Ukraine.
Topic 7. Problems of protection of labor rights of workers in Ukraine.
Topic 8. Problems of consideration of cases in the court procedure arising from labor relations.
Assessment methods and criteria: The forms and means of monitoring the study of the academic discipline "Actual problems of labor law of Ukraine" are: 1) elaboration of lecture material; 2) oral survey at practical classes; 2) implementation and protection of an individual research task; 3) group work in practical classes; 4) exam.
Under the conditions of using interactive technologies, classes are conducted in active and creative forms. Problem-based and review lecture classes, "active" practical classes with elements of a "business game", etc.
To form skills and abilities, teaching methods are used: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); practical (conducting an experiment, practices); explanatory-illustrative or information-receptive (presupposes the presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks according to the model; problem statement method; partially search or heuristic; research
The advantages of productive methods are: problem presentation, partially research and research methods, presentations, trainings and business games, conversations and discussions, work at the Emergency Department of the Lviv Polytechnic, "electronic lectures", seminars, remote consultations aimed at activating and stimulating educational and cognitive student activities.
The main markers of the organization of the educational process in the educational discipline "Actual problems of labor law of Ukraine" are the formation of competences, development of competences, verification and/or evaluation of the achievement of competences, correction of basic competences, combined, interactive, integrated classes (classes "discussion group", classes with training of some students by others), classes in the format of "press conferences", business games, forums, briefings, quests, etc.
The main types of control of students' learning results are current and semester control.
The final assessment of the academic discipline "Actual problems of the labor law of Ukraine" for full-time students consists of an assessment of the current control of the study results during the semester and an assessment of the study result during the control event during the semester control in the form of an exam. The final evaluation of the academic discipline "Actual problems of labor law of Ukraine" for correspondence students consists of an evaluation of the learning results during the control event during the semester control in the form of an exam.
Current control of knowledge is an organic part of the entire educational process and serves as a means of identifying the degree of perception (assimilation) of educational material from the discipline "Actual problems of labor law of Ukraine". Assessment of students' knowledge based on current control data is carried out by monitoring the activity of work during the study of the program material of the discipline, including answers to practical classes, preparation of reports, messages and analytical materials, etc. The current control is carried out in order to find out the readiness of students for practical classes in the following forms: a frontal standardized oral survey of students on the main issues of the discourse; frontal verification of the performance of individual tasks; challenging individual students to independently solve practical tasks or situations (case studies); blitz - survey, which is either a continuous survey of all present students or a selective survey of a part of those present.
A student's independent work is work on a certain list of topics (tasks) assigned to independent study, provided with educational and methodical literature (NMK, study guides) and recommendations, controlled in the form of test tasks, control papers, reports, abstracts, etc.
The final (semester) control includes: test tasks of various levels of complexity, case tasks (tasks), theoretical questions (normative, problematic, debatable direction); written and oral components.
The form of semester control of the student's study results in the academic discipline "Actual problems of the labor law of Ukraine" for the semester is the examination control, which is conducted in the form of an exam according to the cumulative system in the terms provided by the schedule of the educational process. The exam in the academic discipline "Actual problems of labor law of Ukraine" is conducted by a lecturer with the possible participation of an assistant or other teacher who conducted practical classes in the discipline.
Methods of knowledge diagnostics, which determine the level of achievement of the planned cognitive results from the educational discipline "Actual problems of labor law of Ukraine", endowed with transparent evaluation criteria, provide objective current and examination control.
Критерії оцінювання результатів навчання: For full-time students, the semester evaluation for the academic discipline "Actual problems of labor law of Ukraine" consists of the sum of the evaluation of the current control of learning results during the semester and the evaluation of the learning result during the control event during the semester control in the form of an exam.
The maximum number of points for the final control is 100 points, of which
40 points – for current control (PC) and 60 points – examination control (EC).
The maximum score of the current control is 40 points, of which: 35 points – oral survey of students in practical classes; 5 points - performance in practical classes with a report (abstract). All points obtained by the student in practical classes are summed up.
In practical classes on the discipline "Actual problems of labor law of Ukraine", the current control is carried out by means of an oral survey of students. The student's oral answer to theoretical questions or his oral solution of a problem (assignment) on the topic of a practical lesson is evaluated on a scale from 5 to 0 points.
Criteria for current assessment of students' knowledge in practical classes
5 points – the student fully possesses the educational material, presents it independently and reasonedly during an oral presentation, deeply and comprehensively discloses the content of theoretical questions and practical tasks, using at the same time normative sources, judicial practice, mandatory and additional scientific literature.
4 points - the student has a sufficiently complete command of the educational material, explains it reasonably during oral presentations and written answers, mainly reveals the content of theoretical questions and practical tasks, but makes inaccuracies and minor mistakes when teaching individual questions, does not sufficiently use judicial practice when solving problems ( tasks).
3 points – the student generally possesses the educational material, but presents it in a fragmentary, superficial manner (without argumentation and justification) during oral presentations and written answers, does not sufficiently reveal the content of theoretical questions and practical tasks (assignments), allowing inaccuracies in the argumentation of answers by normative sources and examples from court practice.
2 points - the student partially knows the educational material, but explains it fragmentarily and superficially (without argumentation and justification) during oral presentations and written answers, does not sufficiently reveal the content of theoretical questions and practical tasks (assignments), does not substantiate the answers with normative sources and examples from the judicial practice
1 point - the student has a partial command of the educational material, is unable to explain the content of most of the questions of the topic during oral presentations and written answers, making significant mistakes at the same time.
0 points - the student does not know the educational material and is unable to explain it, does not understand the content of theoretical questions and practical tasks.
In practical classes, students can supplement their answers and performances, which are evaluated separately. Additions to the answer are evaluated:
2 points - students who have a deep knowledge of the material, clearly defined its content; made a deep systematic analysis of the content of the speech, discovered new ideas and provisions that were not considered, but significantly affect the content of the report, provided their own arguments regarding the main provisions of this topic.
1 point is awarded to students who presented material on the discussed topic that complements the content of the speech, deepens knowledge on this topic, and expressed their own opinion.
At practical classes, students can also present a report in the form of an essay on the topic specified in the Methodological Guidelines for independent work in the discipline "Actual Problems of Labor Law of Ukraine".
The maximum number of points for the preparation of an abstract and presentation of an abstract in a practical session is 5 points.
Semester control in the discipline "Actual problems of labor law of Ukraine" is conducted in the form of an exam based on the cumulative system, which consists of a written and an oral component. The maximum number of points for the exam is 60 points and includes:
50 points for the written component and 10 points for the oral component.
The written component of the exam is conducted in the form of a written work, which includes test tasks of three levels of difficulty: tests of the first level are evaluated at 2 points, tests of the second level of difficulty - at 4 points, tests of the third level of difficulty - at 5 points.
The written component of the examination control is conducted within one working day. The results of the evaluation of the works performed by the students are exhibited in the students' works.
Порядок та критерії виставляння балів та оцінок: 100-88 points - certified with an “excellent” grade - High level: the student demonstrates an in-depth mastery of the conceptual and categorical apparatus of the discipline, systematic knowledge, skills and abilities of their practical application. The mastered knowledge, skills and abilities provide the ability to independently formulate goals and organize learning activities, search and find solutions in non-standard, atypical educational and professional situations. The applicant demonstrates the ability to make generalizations based on critical analysis of factual material, ideas, theories and concepts, to formulate conclusions based on them. His/her activity is based on interest and motivation for self-development, continuous professional development, independent research activities, implemented with the support and guidance of the teacher. 87-71 points - certified with a grade of “good” - Sufficient level: involves mastery of the conceptual and categorical apparatus of the discipline at an advanced level, conscious use of knowledge, skills and abilities to reveal the essence of the issue. Possession of a partially structured set of knowledge provides the ability to apply it in familiar educational and professional situations. Aware of the specifics of tasks and learning situations, the student demonstrates the ability to search for and choose their solution according to the given sample, to argue for the use of a particular method of solving the problem. Their activities are based on interest and motivation for self-development and continuous professional development. 70-50 points - certified with a grade of “satisfactory” - Satisfactory level: outlines the mastery of the conceptual and categorical apparatus of the discipline at the average level, partial awareness of educational and professional tasks, problems and situations, knowledge of ways to solve typical problems and tasks. The applicant demonstrates an average level of skills and abilities to apply knowledge in practice, and solving problems requires assistance, support from a model. The basis of learning activities is situational and heuristic, dominated by motives of duty, unconscious use of opportunities for self-development. 49-00 points - certified with a grade of “unsatisfactory” - Unsatisfactory level: indicates an elementary mastery of the conceptual and categorical apparatus of the discipline, a general understanding of the content of the educational material, partial use of knowledge, skills and abilities. The basis of learning activities is situational and pragmatic interest.
Recommended books: Basic
1. Economic Code of Ukraine dated January 16, 2003 No. 436-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2003. №. 18. Art. 144.
2. Economic Procedure Code of Ukraine dated November 6, 1991 No. 1798-XII (amended and supplemented). Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon2.rada.gov.ua/laws/show/1798-12.
3. Code of Labor Laws of Ukraine dated December 10, 1971 No. 322-VIII. URL: https://zakon.rada.gov.ua/laws/show/322-08#Text.
4. Constitution of Ukraine dated June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. №. 30. Art. 141.
5. On employment of the population: Law of Ukraine dated 07/05/2012 No. 5067-VI. URL: https://zakon.rada.gov.ua/laws/show/5067-17#Text.
6. On mediation: Law of Ukraine dated November 16, 2021 No. 1875-IX. URL: https://zakon.rada.gov.ua/laws/show/1875-20#Text.
7. On labor protection: Law of Ukraine dated 14.10.1992 No. 2694-XII. URL: https://zakon.rada.gov.ua/laws/show/2694-12#Text.
8. On trade unions, their rights and guarantees of activity: Law of Ukraine dated September 15, 1999 No. 1045-XIV. URL: https://zakon.rada.gov.ua/laws/show/1045-14#Text.
9. On social dialogue in Ukraine: Law of Ukraine dated December 23, 2010 №. 2862-VI. URL: https://zakon.rada.gov.ua/laws/show/2862-17#Text.
10. On standardization: Law of Ukraine dated 06/05/2014 No. 1315-VII. URL: https://zakon.rada.gov.ua/laws/show/1315-18#Text.
Auxiliary
11. Actual problems of the theory of labor law and social security law: monograph / National University "OYUA"; in general ed. G. I. Chanysheva. Odesa: Phoenix, 2015. 332 p.
12. Actual theoretical and practical problems of indemnification of moral damages to the injured workers from accidents at work or occupational diseases: monograph / by Nauk. ed. O. M. Yaroshenko. Kharkiv: Yurayt, 2022. 272 p.
13. Andronova V. A. Legal facts in labor law of Ukraine: monograph. Odesa: Bukaev V. V., 2014. 198 p.
14. Bodnaruk M. I., Kozub I. G. Regarding the protection of labor rights of persons with disabilities. Law and society. 2019. No. 6. P. 143?148.
15. Butynska R.Ya. Actual issues of harmonization of labor legislation in the conditions of European integration. Journal of the Kyiv University of Law. 2020. No. 3. P. 146?150.
16. Vavzhenchuk S. Ya. Protection and protection of labor rights of employees: textbook. Kharkiv: Pravo, 2016. 560 p.
17. Great Ukrainian legal encyclopedia: in 20 volumes. Kharkiv: Pravo. Vol. 11: Labor law / editors: S. M. Prylypko (head), M. I. Inshin (deputy head), O. M. Yaroshenko and others. ; National Acad. rights Sciences of Ukraine; Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine; National law University named after Yaroslav the Wise. 2018. 776 p.
18. Velichko L. Yu. The tendency to expand the scope of labor law in the context of European integration processes. Actual problems of domestic jurisprudence. 2017. No. 1, vol. 2.
P. 91?94.
19. Venediktov V. S. Modern problems of labor law of Ukraine: education. manual for master's and postgraduate students (field of study 081 "Law"). Kharkiv: Pravo, 2018. 293 p.
20. Harmonization of the labor legislation of Ukraine with the legislation of the European Union: monograph. N. M. Khutoryan [and others] / resp. ed. N. M. Khutoryan; National Academy of Sciences of Ukraine, Institute of State and Law named after V. M. Koretskyi. Kyiv: Legal Opinion, 2008. 304 p.
21. Hetmantseva N. D., Orlovskyi O. Ya. Labor disputes: educational and methodological manual. Chernivtsi: Chernivtsi. national University named after Yu. Fedkovicha, 2021. 116 p.
22. Darmoris O. M. Formation and development of labor law of the European Union: autoref. thesis ... candidate law Sciences: 12.00.05; ONYUA. Odesa, 2010. 20 p.
23. Zhigalkin I. P. The system of principles of labor law of Ukraine: problems of modern theory and practice: monograph. Kharkiv: Pravo, 2015. 360 p.
24. Zanfirova T. A. Problems of legal provision of freedom of labor in Ukraine: monograph. Kharkiv: Golden Mile, 2018. 496 p.
25. Inshin M. I. Labor law of Ukraine: textbook / M. I. Inshin, V. I. Shcherbina. Kharkiv: Disa plus, 2014. 500 p.
26. Kaida N. Ya. Conceptual principles of adaptation of labor legislation of Ukraine to EU legislation: monograph. Kyiv: Center for Education. lit., 2020. 404 p.
27. Kuzmenko V. V. The place and role of judicial practice and legal custom in the system of labor law sources of Ukraine: monograph. Kyiv: FOP Kandyba T.P. 2021. 380 p.
28. Lagutina I. V. Forms of protection of labor rights of employees: autoref. thesis ... candidate law of science Odesa, 2007. 20 p.
29. Lagutina I. V. Legal mechanism for ensuring personal non-property labor rights: autoref. thesis ... Dr. law Sciences: 12.00.05. National "Odesa Law Academy" University. Odesa, 2015. 39 p.
30. Mazurenko O. A. Forms and methods of protection of labor rights of employees under the legislation of Ukraine. Legal journal of Donbass. 2021. No. 1 (74). P. 36?42.
31. Melnyk K. Yu., Babenko A. O. Problems of legal guarantees of labor rights of employees when concluding, changing and terminating an employment contract: monograph. Kharkiv: Kharkiv. national University of Internal Affairs cases, 2016. 240 p.
32. Mysak O. Theoretical problems of determining the content of legal responsibility. Entrepreneurship, economy and law. 2016. No. 7. P. 129?132.
33. Fundamentals of public law of Ukraine: training. manual / col. author ; in general ed. Doctor of Jurisprudence, Prof. A. Yu. Oliynyka, Candidate of Jurisprudence, Assoc. M. I. Kagadiya. Kyiv: KNUTD; Dnipro: Lira LTD, 2017.
448 p.
34. Petkov S. V. Labor relations during the period of martial law in Ukraine: a practical guide / Petkov S. V., Zhuravlyov D. V., Drozd O. Yu., Drozd V. G. Kyiv: "Professional" publishing house, 2022. 422 p.
35. Pyzhova M. O. Legal guarantees of employees' right to fair remuneration: monograph: Kyiv: Scientific Capital Publishing House, 2021. 376 p.
36. Pleskun O. V., Loktionova V. V. Problems of protection of labor rights of employees in Ukraine. Legal scientific electronic journal. 2021. No. 5. P. 89?92.
37. Podorozhnyi E. Yu. Problems of theory and practice of legal responsibility in labor law of Ukraine: monograph. Kharkiv: Nika Nova, 2016. 420 p.
38. Prylypko S. M. Labor law: manual. for preparation to state exam /
S. M. Prylypko, O. M. Yaroshenko. Kharkiv: Pravo, 2015. 230 p.
39. Rym O. M. Labor law of the European Union: monograph. Lviv: Halych-Press Publishing House, 2020. 595 p.
40. Rym O. M. Labor law of the European Union and its influence on the development of labor law of Ukraine: dissertation. ... Dr. law Sci.; special 12.00.05 – labor law; the right to social security. Lviv, 2021. 508 p.
41. Sorochyshyn M. V. Legal aspects of social dialogue in the sphere of work: monograph. Odesa: Jurid. l-ra, 2014. 208 p.
42. Labor law of Ukraine: recommended by the Ministry of Education and Culture of Ukraine / S. M. Prylypko,
O. M. Yaroshenko, I. P. Zhigalkin and others. 5th ed., supplement. Kharkiv: Pravo, 2014. 760 p.
43. Labor law: textbook / [O. M. Yaroshenko, S. M. Prilypko, A. M. Slyusar and others] ; in general ed. O. M. Yaroshenko. 3rd ed., revised. and added Kharkiv: Pravo, 2021. 544 p.
44. Formanyuk V. V. Legal means of ensuring labor discipline: 12.00.05: dissertation. ... candidate law of science NU "OYUA". Odesa, 2011. 202 p.
45. Khutoryan N. M. Theoretical problems of material responsibility of parties to labor relations: monograph. Kyiv: Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, 2002. 264 p.
Information resources
1. Verkhovna Rada of Ukraine. Official website of the Parliament of Ukraine. URL: http://rada.gov.ua.
2. Government portal. The only web portal of executive authorities of Ukraine. URL: https://www.kmu.gov.ua/ua.
3. Judicial power of Ukraine. URL: https://court.gov.ua.
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the right of persons with disabilities to obtain higher education. Inclusive educational services are provided by the Service of accessibility to learning opportunities "Without restrictions", the purpose of which is to provide permanent individual support for the educational process of students with disabilities and chronic diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at:
St. Karpinsky, 2/4, 1st floor, room 112
E-mail: nolimits@lpnu.ua
Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of the participants of the educational process is formed on the basis of compliance with the principles of academic integrity, taking into account the norms "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol №. 35).