Lavrinenko O.V., Candidate of Jurisprudence,
Senior Lecturer, Donetsk Legal Institute of Lugansk State University of
Internal Affairs of E.A. Didorenko
Problems of Application of the Classification
Approach in the Course of Realisation of a Branch Principle of Unity and
Differentiation of Legal Regulation of Labour Relations
Results spent by the author of
the given publication of researches [1-3] became the basis for following conclusions and
generalisations. Accumulation and knowledge ordering – a key to
hiding places of cogitative laboratory of the scientist. Plentiful, but chaotic
knowledge does not allow to separate valuable from useless, to derive real and
practical benefit. All it calls into question into original achievements. And
consequently classification procedures, and then and revealing of basic
principles are so necessary, for conduct to ordering extensive, but
unsystematized knowledge. Classification is extended and an effective remedy of
knowledge of subjects, phenomena of the objective world which apply in all
areas of a science. Classification – from Latin classis –
the category and facere – to do – a
special case of application of logic operation of division of volume of the
concept, representing some set of divisions (division of some class into kinds,
division of these kinds etc.). Classification is intended for constant use in
any science or practical activities area. It is necessary to notice, that
classifications are created on the basis of knowledge of objective laws of
reality owing to what display in classification categories natural
communications between investigated objects and the phenomena. Classifications
serve knowledge of deep structural features of object, which cannot be
comprehended any in another way, except as through the knowledge organised so
that its structure answered object structure. Classification, as well as
typology (we will notice, that sometimes also others here are used adjacent
(derivatives) concepts: for example, «the functional hierarchy», «ordering», «the specific characteristic», «differentiation») the investigated phenomena as means
of streamlining of the saved up knowledge always played a huge role in sphere
of any science. Is not an exception and jurisprudence where classifications of
norms of the law widely are applied, its purposes and problems, functions of
the law, the state, legal means, forms of board, guarantees, the rights and
duties of subjects, and also human rights and the citizen, legal responsibility
and its structural components, and also the bases, legal relations, offences, conceptual
jurisprudence device, in particular – estimated concepts, models of
pension systems, etc., and in some cases and in general legal systems.
Classifications are important means of increase of pithiness of the scientific
information (researches) as give the chance in a place occupied with object in
classification system, to establish its basic signs and properties, and not
only what are already known to a science, but also what directly have not been
established yet in the course of knowledge. In it the methodological aspect of
classification as means of scientific knowledge is shown. Besides, it is
necessary to notice, that classification has the powerful scientific value,
after all no models of the validity can replace with themselves classification.
Applied value here not less important: informing function is actual everywhere
where accumulation of knowledge is used. As the volume of data constantly
increases, the requirement and for effective systems of storage, transfer and
research of these data grows. Many researchers connect with classification of
the purpose and a problem of the works, their results, novelty and a scientific
urgency. However one business – classification possibility, and another –
its relevance in concrete research. Sometimes affects «qualifier aggression»,
related to desire obviously to define all used terms and also directed on
strengthening of «formal
attributes of scientific character». In modern legal philosophy the main thing
for classification which would improve is fairly underlined, that, instead of
has compromised work, – well picked up basis without which unsystematic
transfer of versions of some class at the best turns out. Such conclusion have
powerful enough value, but are observed in scientific трудоправовой to the
doctrine far not always.
Indicative in this sense we
see a position of researchers, which in a context of the analysis of features
of realisation in sphere of legal regulation of service-labour relations of
women – workers of law-enforcement bodies of Ukraine of a branch principle
of the labour law – a principle of a combination of unity and
differentiation of legal regulation of labour relations and such basis of
differentiation as «an is professional-sexual sign», come, in our opinion, to
inconsistent enough, and in some cases – paradoxical inherently, to
conclusions. Offered by adherents of such approach «the is professional-sexual
sign» classifications of «guarantees-features» of dismissal of women – workers
of law-enforcement bodies on the «synthesised» essence, in our opinion, is a
nonsense: if abstractly to consider «a
sexual sign», that, it testifies to that that authors of the analyzed approach
compare specified «guarantees-features» to corresponding «guarantees-features»
of workers of law-enforcement
bodies of a male. But, at such approach «does not work» other immanent
component of the offered criterion (basis) of differentiation – «occupation
characteristics», last obviously is inherent in both designated categories of
hired workers. If to «move» a way back and to begin judgement of the offered
approach through a prism of other component of the basis of differentiation –
«occupation characteristics» it, obviously, assumes the comparative
characteristic of designated «guarantees-features» with other trades. But in
this case we «will come across» the statement of authors of the approach from
which they proceed right at the beginning – «…special guarantees and
restrictions consider features of professional work and a floor of worker of
law-enforcement bodies and extend only on special subjects of the right (women –
workers of law-enforcement bodies)». Such statement-message of researchers as
it is visible, does in general impossible use of «occupation characteristics» during realisation of the
specified classification (differentiation) as narrows sphere of the analysis of
realisation of «guarantees-features» to professional work only workers of
law-enforcement bodies. All it, eventually, contradicts as a whole to essence
of the analyzed approach of criterion of classification (differentiation)
selected adherents – to «an is professional-sexual sign» that provides
simultaneous «realisation» of its both components.
Literature
1. Лавріненко О.В. Онтологічні, аксіологічні й теоретико–методологічні аспекти застосування
класифікації як засобу пізнання сутності й структурно–видових особливостей
сучасних правових явищ //
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Е.О. Дідоренка. – 2009. – Вип. 4. – С. 57–67.
2.
Лавриненко О.В. Проблемы и особенности реализации принципов и норм
трудового права в законодательстве о службе в органах внутренних дел Украины:
монография. – Донецк: ДЮИ ЛГУВД им. Э.А. Дидоренко, 2010. – 474 с.
3. Лавриненко
О.В. Проблемы терминизации средств,
уровни и сферы реализации принципа единства и дифференциации правового
регулирования трудовых отношений [Електронний ресурс] // Форум права. –
2010. – №4. – С. 559–565. – Режим доступу:
http://www.nbuv.gov.ua/e–journals/FP/2010–4/10lovrto.pdf.