КОНТРОЛЬНО-НАГЛЯДОВА ДІЯЛЬНІСТЬ У СФЕРІ ПРАЦІ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article reflects the impact of a full-scale war on the sphere of labor in general and on the control and supervisory activities of the state in this area in particular. An analysis of scientific literature on the relevant topic confirms the relevance of the research topic. The challenges that Ukraine faces are significant, there is no precedent, therefore there is a great burden on the competent authorities, and there is an urgent need to study and finalize the relevant legislation. Also, negative events have revealed systemic problems that require changes, because they affect the quality of life of Ukrainian citizens: an increase in the unemployment rate, a decrease in wages and the quality of social protection. The state supervisory authorities for labor protection in Ukraine, defined by the Labor Code of Ukraine, include: State Labor, State Inspectorate for Nuclear Regulation of Ukraine, State Service of Ukraine for Emergency Situations, State Emergency Service of Ukraine. Due to the onset of martial law, the operation of the principle of freedom of labor changes significantly. Accordingly, the control and supervisory activities of the state in the labor sphere are undergoing changes. Additional measures of state supervision (control), carried out outside the plan, during martial law, are implemented in accordance with the established procedure and on the basis of the criteria provided in paragraphs: 5, 8, 9, 10 of part one of Article 6 of the Law of Ukraine “On Basic Principles state supervision (control) in the field of economic activity”. During an unscheduled inspection, only specific issues that served as the basis for its initiation and which were identified in the certificate (direction) to conduct this inspection are considered. Ukrainian legislation lacks modern mechanisms for updating procedures for scheduled and unscheduled inspections, and there is also a lack of transparency in the use of funds received from the payment of penalties for violation of labor laws and taxes for each employee.