Methodological aspects of regulatory support of labor protection

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Authors:

Yu.D.Dreval, Dr. Sc. (Public Admin), Prof., orcid.org/0000-0002-7347-9433, National University of Civil Defence of Ukraine, Kharkiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

V.V.Sychenko, Dr. Sc. (Public Admin), Assoc. Prof., orcid.org/0000-0001-9655-2317, Communal Institution of Higher Education “Dnipro Academy of Continuing Education” of Dnipropetrovsk Regional Council”, Dnipro, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O.P.Sharovatova, Cand. Sc. (Ped.), Assoc. Prof., orsid.org/0000-0002-2736-2189, National University of Civil Defence of Ukraine, Kharkiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

T.V.Vilkhova, Cand. Sc. (Econ.), orsid.org/0000-0003-3087-6532, Communal Institution of Higher Education “Dnipro Academy of Continuing Education” of Dnipropetrovsk Regional Council”, Dnipro, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract:

Purpose. To substantiate methodological aspects and determine system characteristics within health and safety activities regulatory support (in particular, in the mining sphere).

Methodology. Labor regulatory support aspects are defined via system analysis methods (which allows examining such acts as a complex system with balanced, interconnected components), comparative methods (tracing certain canons legal force as well as interpreting approaches towards developing control/supervision means).

Findings. Applying these methods, legal acts analysis, we have substantiated a point that implementing legal standards procedure/peculiarities should primarily hinge upon understanding legal acts validity. Government programs while improving enactments aimed at Welfare and Safety have been examined and specified. Standardizing industrial enactments has been characterized; acts applying procedures/features (Ukrainian Constitution, ILO conventions, specific laws, subordinate laws) have been developed and structured. Thus, it has been proved if there are certain collisions, then one should adhere to system uniformity; further, one can consider complete or partial incompliance.

Originality. Welfare and Safety legal, regulatory framework has been determined first-ever: we could characterize it therewith as balanced combining, interacting enactments with different juridical force. This statement is substantiated regarding working environment authorities’ privileges and developed into “Labor protection regulatory support”, which has been explained by the authors and recommended for common use by experts.

Practical value. The presented results may be used to improve qualification of occupational safety engineers or other appointed officials dealing with industrial safety issues; besides, these results will help information resource processing as well as preserving labor protection records at enterprises (with clear document gradation according to the criteria suggested in the work).

References.

1.Ivchuk, Y. Y., 2015. Theoretical and legal basics concerning labour protection legal regulation under reformatory conditions within Ukrainian labour legislation. Monograph. Kharkiv: Pravo.

2. Beck, U.P., 2013. Legal nature of norms governing labor protection. Law forum [online], 2, pp. 41‒48. Available at: <http://nbuv.gov.ua/UJRN/FP_index.htm_2013_2_9> [Accessed 12 January 2018].

3. Moroz, V. M., 2014. Russian management model effectiveness and efficiency: Positioning and development features. Actual Economical Problems, 162(12), pp. 40‒47.

4. Dreval, Y. D., 2017. Axiological and regulatory basics of government control within labour protection. Messenger of National University of Civil Defendence, Ukraine: collection of scientific papers. “Government control” Series, 1(6), pp. 9–16.

5. Zdanovsky, V. G. and Podobed, I. M., 2012. ILO Code of Practical Rules and national safety rules comparative analysis. Labour protection problems in Ukraine [online], 22, pp. 123–128. Available at: <http://www.uchika.in.ua/zbirnik-naukovih-prace-problemi-ohoroni-praci-v-ukrayini-vip-2-v2.html> [Accessed 15 October 2017].

6.The Verkhovna Rada of Ukraine. Legislation of Ukraine, 2016. Ukrainian Constitution: adopted during 5th session by the Verkhovna Rada, 28 June 1996, as revised on 30.09.2016 [online]. Available at: <http://zakon2.rada.gov.ua> [Accessed 26 October 2017].

7. The Verkhovna Rada of Ukraine. Legislation of Ukraine. On labour protection: Law of Ukraine from 14.10.1992 # 2694-XII [online]. Available at: <http://zakon2.rada.gov.ua/laws/show/2694-12> [Accessed 7 November 2017].

8. The Verkhovna Rada of Ukraine. Legislation of Ukraine, 2017. On abolishing some Orders by the Ministries and other central executive bodies: Ordinance of the Cabinet Council of Ukraine 10.03.2017 # 166-р [online]. Available at: <http://zakon3.rada.gov.ua/laws/show/ 166-2017-%D1%80> [Accessed 26 October 2017].

9. Fedorenko, M., 2017. Ordinance #166-p abolished labour protection regulatory acts: what is to be used for further guidance? Reference book for a labor protection expert [online], 5, pp. 13‒14.Available at: <http://fpsu.org.ua/napryamki-diyalnosti/okhorona pratsi-i-zdo­rovya/12243-vijshov-u-svit-chergovij nomer-zhurnalu-okhorona-pratsi-5-2017> [Accessed 14 December 2017].

10.The Verkhovna Rada of Ukraine. Legislation of Ukraine, 2008. On practical using legal standards in case of collision: Ministry of Justice Letter 26.12.2008 # 758-0-2-08-19 [online]. Available at: <http://zakon2.rada.gov.ua/laws/show/v0758323-08> [Accessed 11 September 2017].

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