trade unions, in order to exercise and protect his/her economic and social interests, and
join them as they wish subject only to such organisation’s rules. Exercising of this
right cannot be subjected to any restrictions other than those prescribed by law and are
necessary in a democratic society in the interests of national security or public order or
to protect the rights and freedoms of others (para. 1 Art. 8). These international
documents do not preclude the imposition of lawful restrictions for the use of trade
union rights by the members of armed forces, police or government administrators.
Freedom of association into trade unions is more specifically regulated by the ILO
Instruments. Thus, in this field there are two major conventions: Convention on
Freedom of Association and Protection of the Right to Organise (1948) № 87 and
Convention on the Right to Organise and Collective Bargaining (1949) № 98.
Subsequently, the right of association was enshrined at the regional level in the
European Social Charter (revised), which proclaims the right of all workers and
employers to freedom of association in national or international organisations for
economic and social interests protection (Art. 5).
Separately, we would like to point out the existence of specialised regulations on
the right of association in agriculture and in public service, particularly, the ILO
Convention on Organisations of Rural Workers and their Role in Economic and Social
Development № 141 and the ILO Convention on Protection of the Right to Organise
and Procedures for Determining Conditions of Employment in the Public Service №
151 which have not yet been ratified by our country.
Analysis of international labor standards reveals the basic principles of freedom
of association: voluntary establishment and membership; associations according to
professions or industries, establishement of federations and confederations and the
right of workers and employers to join international organisations; the independence
and autonomy of workers' and employers’ organisations; prohibition of discrimination
of the freedom of association in the field of labour, except for restrictions established
by national legislation; prohibition of public authorities’ interference with their
activities, which could limit freedom of association.
The role of international legal instruments in labour regulation in Ukraine.
Pursuant to the provisions of international documents, para. 3 of Art. 36 of the
Constitution of Ukraune provides that "citizens have the right to participate in trade
unions to protect their labour and socio-economic rights and interests". In order to
implement provisions of international documents and the Constitution of Ukraine there
has been adopted the Law on Trade Unions, their Rights and Guarantees, which defines
the features of legal regulation, principles of creation, the rights and guarantees of trade
unions’ functioning, and the Law on Organisations of Employers which defines legal,
social, economic and organisational principles of creation and functioning of
employers’ organisations, shape and direction of their activities and also principles of
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