SOME ISSUES OF APPLICATION IN LAW ENFORCEMENT PRACTICE OF THE CONSTITUTIONAL GUARANTEE OF COMPLIANCE WITH THE PRINCIPLE OF FREEDOM OF LABOR IN THE EAEU

Abstract

This scientific article describes the possibility of applying the principle of freedom of labor in the law enforcement practice of constitutional guarantees of citizens regarding the free movement of the labor force of the EAEU. The author, describing the circumstances under which this principle is violated, indicates ways to improve its regulation by international documents and at the level of national legislation.

The principle of freedom of labor was analyzed as one of the basic principles of constitutional and labor law, its importance was emphasized, allowing a person to freely dispose of his ability to work, choose the type of profession, field of activity. At the same time, the analysis of law enforcement practice allows us to conclude that in most cases the restriction of labor freedom is associated with violations of labor laws by employers.

The purpose of the scientific article: the development of conceptual conclusions on the protection of the rights of employees through a comparative analysis of some issues of application in the practice of law enforcement of constitutional guarantees of compliance with the principle of freedom of labor in the EAEU.

The principle of freedom of labor has a significant impact in terms of international and national law. The study of this principle, the development of proposals to improve the safety of its effectiveness from the standpoint of the theory of law, civil and labor legislation are considered as a scientific novelty that increases its importance for modern legal science, legislators and lawyers practicing in civil and arbitration courts, including in the EAEU.

The principle of freedom of labor is one of the fundamental legal principles of labor law at the modern world level. According to article 23, paragraph 1, of the Universal Declaration of Human Rights, “everyone has the right to work, free choice of employment, just and favorable conditions of work and protection from unemployment”, but this provision is not always observed in practice, on the basis of which there are consequences forced labor of people. Therefore, this increases the relevance of the topic from the scientific side.

Keywords: principle of labor freedom; constitutional guarantees; restriction of freedom of labor; prohibition of forced labor, EAEU treaty.