ТЕОРЕТИКО-ПРАВОВА ХАРАКТЕРИСТИКА МЕХАНІЗМУ РЕАЛІЗАЦІЇ МІЖНАРОДНО-ПРАВОВИХ НОРМ ПРО ПРАЦЮ НА ВНУТРІШНЬОДЕРЖАВНОМУ РІВНІ

Abstract

This article aims at a comprehensive study of a diverse scientific thought about the essence and specificity of the mechanism for the implementation of international legal norms on labor at the national level. The main attention of the authors is devoted to the analysis of scientifi c thought about the concept and peculiarities of the domestic implementation of the norms of international labor law. Also, the article investigates the scientific views of scientists on factors contributing to the effective implementation of international labor standards. The authors provide their own vision of the mechanism, the peculiarities and factors that enhance the effectiveness of the domestic implementation of international labor standards. On the basis of the analysis of pluralistic scientific thought about the essence and specificity of the domestic implementation of international legal norms on labor, the authors state that the mechanism of internal state implementation (implementation) of international labor standards includes consecutive, purposeful and mutually agreed measures taken by the authorized bodies for the purpose of legal and organizational provision of the provisions and implementation of the objectives of international labor norms and standards at the level of domestic legislation Islands and practice. According to the authors, the main feature of the domestic implementation (implementation) of the norms of international labor law is due in the fi rst place to the specifi cs of labor rights, which, according to the theory of generations of human rights, are characterized by so-called «secondary» and frequent use of appraisal, not sufficiently clear categories for formulation the said rights at the level of international legal acts, and secondly, the absence of the self-executing nature of most international labor standards, which necessitates their specificity and detail at the interstate level. The authors also point out that an important factor in enhancing the effectiveness of the implementation of international labor law at the domestic level is the creation of a socio-economic framework to ensure the real possibility of domestic implementation of the international labor standards that is achieved in many respects by taking into account and the introduction at the national level of the proposals formulated in the recommendations of the International Labor Organization.