Legal aspects of compensation and damages in cases of unlawful dismissal

Abstract

The relevance of the study is determined by the transformation of labor relations in Ukraine under martial law, which is accompanied by an increase in conflicts between employees and employers, a complication of the grounds for termination of employment, and evolving approaches to the exercise of the right to judicial protection. Particular importance is attached to the determination of legal consequences of unlawful dismissal, especially in terms of compensation payments formed at the intersection of substantive and procedural law and influenced by both regulatory changes and judicial practice. The purpose of the study is to systematize approaches to legal regulation and judicial resolution of disputes related to the termination of employment relations, as well as to develop a generalized vision of mechanisms for compensating employee losses under modern conditions. The methodological framework is based on general scientific and special research methods, including analysis and synthesis for examining legal acts and court decisions, the comparative legal method for identifying changes in the regulation of relevant legal relations, a systematic approach for determining the interconnection between legal norms and their practical application, and the method of generalization for constructing models of law enforcement. The study characterizes the dynamics of labor disputes and identifies their structural features, analyzes the evolution of legal regulation of compensation payments, and evaluates the effectiveness of judicial protection at the cassation level. The generalization of judicial practice made it possible to distinguish typical law enforcement models reflecting modern approaches to resolving labor disputes, including the priority of procedural guarantees, differentiation of employer liability grounds, and expansion of the scope of compensatory protection. The impact of martial law on the transformation of compensation mechanisms is revealed through changes in determining the liable party and the conditions under which the right to compensation arises. The practical significance of the study lies in the possibility of using its results in shaping legal positions in labor disputes, improving the quality of legal qualification of dismissal circumstances, and enhancing approaches to the application of compensation mechanisms in judicial and law enforcement practice.