Lavrinenko O.V., Candidate of Jurisprudence, Senior Lecturer, Donetsk Legal Institute of Lugansk State University of Internal Affairs of E.A. Didorenko

Principle of Unity and Differentiation of Legal Regulation of Labour Relations: Ontologo-Legal Aspects

The legislator aspires to unity of a legal policy in the field of work, but at the same time is used and the differentiated approach to legal regulation of work of separate categories of workers. The unity of system of the law consists in integrity of its internal organisation, an interconsistency of norms, unity of principles of a structure and functioning of the conceptual device. The differentiation is expressed in law division (which criteria depend on various factors) into rather independent structural formations - branches and various institutes. At the same time at research of a question on the maintenance and a parity of «unity» and «differentiation» it is impossible to oppose these concepts and to believe, that the further development of legal regulation of work will be carried out on a way to unity or, on the contrary, to assume, that for the labour law the further differentiation with decrease in value of the legal categories defining unity of regulation of labour relations is characteristic. That is usually considered as the tendency to unity, means elimination of unjustified distinctions in work regulation, alignment of a legal status of separate categories of workers on the most preferential basis - without decrease in level of legal guarantees. The unity makes characteristic line as the general, so special labour legislation at all stages of its development. To prove the primacy of unity over differentiation or on the contrary means aspiration, that the differentiated regulation interferes with unity or that the unity is incompatible with differentiation. Actually all is differently. The equality principle does not interfere with that the law established unequal norms concerning categories of the persons who are in different position but so business can be only under a condition if such discrepancy is justified by real distinction in position and is not incompatible with a law ultimate goal. The differentiation promotes unity of the labour law, and the unity creates conditions for differentiation of legal regulation of work. This thesis - acknowledgement more the general philosophical position about a parity individual, especial and the general: the individual does not exist without the general, and the general - without individual. Under known conditions the individual passes in especial and the general: «Individual - the form of existence general actually, especial - general, realised in individual».

The unity and differentiation problem is of great importance for construction of system of the labour law. Revealing of the signs underlying unity of the labour law, gives certain reference points for classification of a circle of the questions making a subject of this branch of the law. Proceeding from a principle of unity and differentiation of legal regulation of work, rules of law share on two groups: the general norms extending on all persons of wage labour, and special norms which extend on separate categories of workers. Sometimes in the literature special norms name «special norms». Special norms subdivide the majority of scientists on: norms-withdrawals, norms-additions, norms-adaptations. At the same time separate authors in addition carry to number of special norms also the fourth group of norms - the legal instructions establishing raised responsibility for corresponding groups of workers and employees (the additional bases of the termination of the labour contract of some categories of workers under certain conditions, a special order of definition of the damage caused by the worker, etc.), sometimes mention the «legal procedure» defining an order of deduction of a material damage, imposing of summary punishment, consideration of labour disputes or the special norms establishing «more strict measures» disciplinary and a liability and the «simplified» bases of the termination of the labour contract. Some authors thus in addition specify in «positive» and «negative» differentiation, noticing thus the tendency to «positive» differentiation that is caused by a humanistic orientation of the labour legislation. Giving due existing scientific approaches, we will notice, that special legal regulation of work, naturally, mentions relations and on material, both a disciplinary responsibility, and and so forth It is possible to define questions of the permission of labour disputes and «polarity», differentiation «vector» in such cases. However, in our opinion, it is rather important and it is necessary at the analysis of all specified relations, spheres of legal regulation, etc. It is necessary to apply the uniform conventional terminological and classification systems of special labour norms.