MODERNIZATION OF THE REGULATORY AND LEGAL MECHANISM OF SOCIAL PARTNERSHIP IMPLEMENTATION AT THE CURRENT STAGE OF STATE FORMATION

Abstract

The normative and legal basis of the social partnership system in Ukraine is analyzed. It is noted that in recent years in Ukraine the political and legal bases of activity of executive bodies in the field of social and labor relations have been formed, their competence, mechanisms and directions of activity have been determined, the legislative base of trade unions and employers’ organizations has been created. However, all this does not seem sufficient. Attention is drawn to the fact that currently in Ukraine: the basic law ("On Social Partnership in Ukraine") has not been adopted, which would regulate the main issues related to the implementation of social partnership, in particular - regulate the activities of social institutions involved. ; there is no mechanism for prosecuting the parties to the social partnership; the content of collective agreements does not cover all aspects of social and labor relations, thus not providing sufficient social protection of workers and the appropriate level of their competitiveness in the labor market; Insufficient number of employees is involved in the process of collective bargaining. It is emphasized that it is time for trade unions and employers’ associations to create additional mechanisms, norms and rules that would ensure the necessary competence of their representatives in the system of social partnership bodies. The above needs to be enshrined in law. The directions of modernization of the normative-legal mechanism of realization of social partnership at the present stage of state formation are offered. Emphasis is placed on the prospects for the formation of modern regulatory and legal support mechanisms for the implementation of social partnership on the basis of: the adoption of the basic law "On social partnership in Ukraine"; adaptation of current Ukrainian legislation to international norms and standards; introduction of the Roadmap for optimization of modern mechanisms for implementing social partnership; stimulating the legislative social orientation of small business; development of normative-legal acts, concerning responsibility of participants of social partnership for nonfulfillment of laws, and also agreements and contracts; preparation of a conceptual document in terms of modernization of social partnership at the territorial level and a model of functioning of social partnership bodies at the territorial level and at the level of united territorial communities with a step-by-step plan for their implementation; legislative consolidation of the mechanism of resource provision of social partnership processes, collective bargaining at the level of oblasts, rayons and united territorial communities.