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

Principles of the Labour Law as Determinant of a Branch Method

Results spent by the author of the given publication of researches became the basis for following conclusions and generalisations. The special attention is demanded by a question on concept definition «principles of the labour law». As is known, the concept is the thought reflected in the generalised form. It reflects essential and necessary signs of subjects and the phenomena, and also interrelations. If the concept was included into the scientific reference, it designate in a word or use set of words – terms. Methodologically significant here we consider the thesis that scoping and concept maintenances is made through a patrimonial sign and the nearest specific difference. At first name patrimonial concept to which the defined concept enters as a component. Then specify in that sign of concept which distinguishes it from all similar, and this sign should be the most important. There are rules of definition of concepts: the rule of dimension demands, that volume of concept which is defined, answered volume of concept which defines, i.e. these concepts should be identical; the new concept should not be tautological; the concept should be accurate and unequivocal. If at concept definition it is impossible to specify one sign, name some signs, sufficient for disclosing of specificity of its volume and the maintenance. Really scientific definition of the difficult phenomena and the facts cannot be limited to is formal-logic requirements. It should contain an estimation of the facts, objects, the phenomena which are defined, integrally to enter into operating terminological system of a science. Proceeding from stated, «law principles» can be defined as the initial supervising beginnings, the bases abstractly existing in public consciousness in the form of certain ideas, i.e. systems of the conventional basic ideas (a patrimonial sign) which are to some extent expressed in the maintenance of norms of the current legislation, characterise its essence and directions of the further development. Accordingly, principles labour represent the law («legal principles»), based on system of objectively existing conventional basic ideas, the supervising beginnings which to some extent reflect (reproduce) such ideas in a field of activity on law application, being expressly or by implication fixed (formalized, expressed in out of) in the maintenance of norms of the legislation on work and, defining (determining) the basic lines and internal unity of all means and forms of legal regulation of public relations in wage labour sphere.

By the proved it is seen existing doctrinal conclusion that each branch of the law has the subject and methods corresponding to it, and also principles of legal regulation. At each branch it is law there are the «special principles» – branch. On presence of a close connection and at the same time necessity of differentiation of «branch principles», «subject» and «methods» is proved attention is paid by modern researchers: «the problem of a parity of principles of the law and method of legal regulation» – unlike methods law principles is the phenomena of higher order of abstraction. Principles thanking their special value are near sources of designing of branches of the law. The legislator before to introduce this or that method, reception, type, means, sequence of legal regulation in law branch, should be defined and guided by law principles. Such interdependence of principles of the law and methods of legal regulation is designated on definition and the maintenance both the first, and the second. It is characteristic, that such interdependence follows from the essence of the named phenomena: if law principles are those bases, the beginnings on which the law is based, that, actually, they and define, the certain system of norms should be how generated to provide appropriate legal regulation of a corresponding circle of public relations. And the method in turn specifies, how, in what way these relations are regulated. So, though these phenomena and similar among themselves, but they are not identical, as one of them – principles – exists at a stage to the law, before its occurrence, another – the method – grows out of existence of the objective legal law. In development of last resulted approach, we will specify, that as branch principles are a basis, initial and supervising bases of any branch of the law as systems of norms it is quite obvious and natural, that the last act simultaneously and a basis, «core» of that method(s) to which help there is a regulation of corresponding groups of public relations. Branch legal principles define specificity, features of a method(s), the law inherent (their) this or that branch, but unlike methods such principles are the phenomena, first, higher order of abstraction that is why – primary, previous, and, secondly, they correspond as an «essence» and «phenomenon» category that is why should be considered in different planes. If «essence» (principles) is something to the general, «phenomenon» (a method(s) – individual which expresses only any moment of display of «essence» in a certain segment (stage) of process of legal regulation; if «essence» is something deep and internal «phenomenon» – external, is situational display in out of. For this reason branch principles are near sources (criterional, it is system the forming factors) designing of branches of the law: the legislator before to introduce this or that method in structure of certain branch of the law, to carry out reception, type or to apply means of legal regulation should be defined necessarily preliminary with system and essence of corresponding branch principles and steadily further to be guided by the last. Such interdependence of branch principles and methods of legal regulation is designated on definition and the maintenance both the first, and the second: in the doctrine of the labour law are widely known the phenomena when, for example, a combination of the centralised and local legal regulation or, say, contractual character of labour relations (work), the phenomenon of a combination of unity and differentiation treat as separate branch principles and, at the same time as «characteristic lines», «features», «signs», «ways» of legal regulation of a branch method(s) the labour law. In connection with stated, it is not divided the judgement completely stated in the modern literature that the method of branch of the labour law is formed in dependence only from «originality» of a subject of legal regulation. In this case to us the position according to which «system properties» branches concerns not only «subject», and «branch principles of the labour law» is represented to more correct. By conceptually such understanding it is proved modern researchers who notice are guided, that it is necessary to understand the basic supervising beginnings fixed in the current legislation and the positions defining unity of the labour law, essence of legal regulation and the general orientation of development of the given system of rules of law as «principles of the labour law». Legal principles along with a subject and a method open features of this or that branch of the law, distinguish it from other branches and act as «systematising signs» both law branches as a whole, and its separate institutes.