The thesis provides a theoretical generalization and a new solution to the scientific task of defining the essence and revealing the features of unity and differentiation of legal regulation of the protection of labor rights of judges, and also develops recommendations and proposals aimed at improving general and special labor legislation in the relevant area.
It is argued that the historical prerequisites for the unity and differentiation of legal regulation of the protection of labor rights of judges were determined by the socio-political development of society at different stages of its existence. Thus, at the beginning of the formation of the judicial system in general, and when judges were distinguished as a special category of employees, the unity of legal regulation of the protection of labor rights of judges was significant. In those periods, judges mainly played the role of representatives of the monarchy or church authorities, and their labor rights and duties were clearly defined and controlled by the centralized authorities, and directly depended on the will of the latter.
It is established that the principles of legal regulation of the protection of labor rights of judges are best understood as the starting points implemented in the provisions of general and special labor legislation, the basic ideas underlying the regulation of relevant social relations, and their observance is mandatory for all participants to the legal relations under study. In addition, the principles form not only the ideological basis for the protection of judges' labor rights, but also determine the vectors and prospective directions of development of the relevant institution, which is valuable from the perspective of ensuring that judges effectively perform their tasks and functions in the administration of justice.
It is concluded that today, neither at the legislative nor at the doctrinal level, the scope and content of the principles of legal regulation of the protection of labor rights of judges are meaningfully defined. It is emphasized that the system of relevant principles consists of both general and special principles, in particular: the rule of law, legality, efficiency and effectiveness, expediency, ensuring the rights and freedoms of man and citizen, equality, legal responsibility, unity and differentiation of legal regulation, the principle of taking into account the constitutional and legal status of a judge, and the priority of pre-trial resolution of a dispute regarding a judge's violated labor right. It is stated that the key place in the system of relevant principles is given to unity and differentiation. A number of arguments to support this thesis is provided.
It is clarified that the unity and differentiation of legal regulation of the protection of labor rights of judges is objectively determined by the following factors: 1) the need to create conditions for the implementation of the principle of equality, under which judges, along with other categories of employees, will be able to ensure the exercise and protection of their rights, freedoms and legitimate interests guaranteed to them in any legal manner; 2) the provisions of labor legislation itself, as well as its division into general and special; 3) the scope of activity, in particular, the administration of justice; 4) the peculiarities of the labor and legal status of a judge as a subject of labor law; 5) the existence of special social, economic and political guarantees inherent in the work of judges.
It is noted that the administration of justice is a state activity carried out by specially authorized entities - judges, and which is aimed at resolving legal disputes and conflicts regarding the application and/or violation of the law, as well as at making fair and reasonable decisions in accordance with applicable law, based on the principles of the rule of law, justice, impartiality, etc. Therefore, the administration of justice is entrusted to specially authorized entities - judges who have a special legal status.
It is emphasized that the Labor Code of Ukraine is the basic legal act which provisions are aimed at regulating the labor activity of all categories of employees without exception. It is this document which defines and reveals the content of the most important aspects of labor regulation and protection of labor rights of employees, regardless of the sphere of public life in which they work.
