Constitutional Framework of Wages and Social Insurance in Russia

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova
Keyword(s):  
Low Income ◽  
Social Insurance ◽  
Work Organization ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Decent Work ◽  
Private Regulation ◽  
Public And Private ◽  
Social Partnership

In accordance with the author´s intention, and in accordance with the constitutional framework, the article analyzes the wages and social insurance in Russia, unjustified super differentiation in wages, which excludes financial participation of low-income workers in the compulsory social insurance, who should be included in the system of compulsory social insurance without any conditions and restrictions. The author analyzes the state of wages, the necessity of state regulation of wages, the basic state guarantee on wages — minimum wages and salaries in Russia, with the aim to determine the conceptual basis for legal regulation of the wages in Russia in the interests of its population, in particular, it is argued that consumer demand is the main and only engine of the market economy and it has to be moderately in advance of the production capabilities. The author draws the attention to the use of state and contractual regulation of labour, as it is objectively necessary and socially justified if public and private regulation of labor relations in the sphere of remuneration are correctly interrelated. The main purpose of contractual regulation of remuneration should be the improvement of the situation of workers on the basis of the agreement between the parties to social partnership. For its part, the state should not interfere with the balance and supply of labour in the labour market, the formation of a natural price for labour. According to the author, it is necessary to constitutionalize the concepts of “decent work” and “decent wages”, “compulsory social insurance”. “Decent work” and “decent wage” should be recognized at the constitutional level as the principles of work organization.

scholarly journals PUBLIC AND PRIVATE PARTNERSHIP AS THE BASIS OF FINANCIAL AND ECONOMIC STABILITY OF THE STATE

2021 ◽  
Author(s):  
Volodymyr Savchenko ◽  
Serhii Stoika ◽  
Vitalii Stoika
Keyword(s):  
Development Strategy ◽  
Legal Framework ◽  
State Regulation ◽  
The State ◽  
The European Union ◽  
Public And Private ◽  
Private Partnership ◽  
Social Transformations ◽  
Social Partnership ◽  
Long Run

The meanings of the term "public and private partnership" and its fundamental difference from other types of interaction between the state and the private sector are defined. The role of levers of state regulation of PPP in the conditions of growing globalization and related objective and subjective factors of economic, political and social transformations and diversity of forms of ownership in a market economy is described. Theoretical developments of neo-Keynesianism, the concept of "public goods", neo-institutionalism, which initiated a mixed economy, and later the introduction of the principles of state partnership are determined. It is shown that in today's world practice the most common form of cooperation between the state and private business, which is used in the implementation of large projects, is a concession. The provisions of the Law of Ukraine "On Public and Private Partnership", which provided the organizational and legal framework for the interaction of state and business, as well as the basic principles of PPP on a contractual basis are analyzed. Examples of the experience of the European Union and rapidly developing countries have been identified and proposed for use. The place of big business, especially small enterprises in the processes as being characterized by flexibility and opportunities to easily adapt to changing market conditions is assessed. It is stated that in Ukraine the disparity in the status of private partners should be eliminated through the provision of additional legal and economic guarantees by the state. It is argued that in a situation of inadequate public administration, insufficient financial support, prosperity of corruption at this stage, a specific form of PPP needs special attention, although in the long run the institutional form is more long-lasting and perfect. It is proved that the introduction of mechanisms and types of social partnership as a component of public and private partnership in our country is interrelated with the level of consolidation of society, development strategy and the situation in economic growth.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals Directions of Social and Economic Policy in the Context of the Development of Non-Standard Forms of Employment in the Russian Federation

2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina
Keyword(s):  
Economic Policy ◽  
Labour Market ◽  
Information And Communication Technologies ◽  
Consumer Preferences ◽  
Labour Productivity ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Informal Employment ◽  
Precarious Work

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

scholarly journals The Essence and Features of Social Protection in the Ukrainian Retrospective

2021 ◽  
Vol 1 (6 (344)) ◽  
pp. 103-110
Author(s):  
Inna Syomkina ◽  
◽  
Natalia Shabaeva ◽  
Keyword(s):  
Social Policy ◽  
Low Income ◽  
Social Insurance ◽  
Social Protection ◽  
The State ◽  
Vulnerable Groups ◽  
Scientific Article ◽  
Social Programs ◽  
Historical Aspect ◽  
The Social

The scientific article reveals the formation of the Ukrainian system of social protection (historical aspect). The main stages of development of social policy in Ukraine, from the first origins to the key principles of modern social policy are described. The desire of the Ukrainian authorities to renounce the paternalistic role and alimony is emphasized. Priorities for activities in the social sphere have been identified: guaranteeing social rights, increasing the effectiveness of social programs, assistance to vulnerable groups (large and low-income families, servicemen, people with special needs, victims of violence, etc.). The general scheme of the social protection system in Ukraine is presented, which consists of two main parts: compulsory state social insurance, which is formed through the contributions of employers and working citizens to the relevant social insurance funds; system of social support (assistance, benefits, subsidies, social services), which is mainly formed by taxation and financed from the state budget. Further ways of scientific research are outlined (content and principles of realization of the state social programs on support of vulnerable segments of the population).

scholarly journals DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Information Technologies ◽  
System Analysis ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Digital Data ◽  
The Russian Federation

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.

scholarly journals ESSENCE OF SOCIAL INSURANCE, ITS ROLE AND PLACE IN THE SYSTEM OF SOCIAL PROTECTION OF THE POPULATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  
Keyword(s):  
Public Relations ◽  
Social Insurance ◽  
Social Protection ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Vulnerable Groups ◽  
The Social ◽  
The Creation ◽  
The Individual

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

The Role of the State in the Exercise of Transnational Public and Private Authority over Labour Standards

2020 ◽  
Vol 17 (1) ◽  
pp. 41-74
Author(s):  
Janelle M. Diller
Keyword(s):  
Equal Opportunity ◽  
Well Being ◽  
The State ◽  
Common Interest ◽  
International Governance ◽  
Decent Work ◽  
Public And Private ◽  
Collective Interest ◽  
Private Authority ◽  
Labour Standards

Interdependence among States in an era of globalization exacerbates the increasing emphasis on competing claims of national interest in the global arena. Rising nationalism is a symptom of the weakness of conception of transnational governance that insufficiently coordinates public and private interactions across multiple systems of governance which overlap on matters of common interest such as labour standards. The State-centric system of world governance lacks effective structures to bridge the gap between transnational labour governance (‘TLG’) and national, interstate, and international governance. However, emerging evidence suggests that the State is capable of facilitating inclusive and consensual action with non-state bodies of collective interest at national and transnational levels that helps connect TLG with national and international governance. This review compares differing degrees and methods of State action in selected TLG prototypes and their outcomes relevant to public and private policy choices affecting decent work and equal opportunity for well-being. Particular focus is placed on the State’s role in attributing private authority to non-state bodies of collective interest, facilitating consensual decision-making and regulatory action, aligning TLG with international norms and relevant national law and institutions, and cooperating in TLG with other States, including with or through international organizations. Challenges to effective TLG, such as opting-out, competing structures, and difficulty in leveraging short-term initiatives for longer-term capacity, are examined within the context of the legitimacy and coherence of TLG systems and across phases of governance, including agenda setting, norm development, implementation, oversight, evaluation, correction and revision. Preliminary conclusions call for further theoretical and empirical research to evaluate factors that influence such innovations and the extent to which they lead to durable and effective TLG within and across States that advances decent work and equal opportunity for well-being in globalized markets.

STATE REGULATION OF THE FINANCIAL SERVICES MARKET IN UKRAINE

2018 ◽  
Vol 1 (12) ◽  
pp. 30-47
Author(s):  
Lyudmila Nikolayevna Akimova ◽  
Alla Vasilievna Lysachok
Keyword(s):  
Financial Services ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Compensatory Mechanisms ◽  
Existing Problems ◽  
Insurance Contracts ◽  
State Pension

The essence of such concepts is “financial service”, “financial services market”, and “participants of the financial services market”; determined the purpose of state regulation of the financial services market; forms of state regulation of the financial services market; financial services that are present in the financial services market; the structure of state regulation bodies of the financial services market in Ukraine is given; The role of state bodies in the regulation of the financial services market was studied; to characterize the regulatory legal regulation of the financial services market in Ukraine; the main problems of functioning of the domestic market of financial services are revealed; ways to solve existing problems. It is grounded that the state regulation of financial services markets consists in the state’s implementation of a set of measures aimed at regulating and overseeing financial services markets to protect the interests of financial services consumers and preventing crisis phenomena. It is concluded that the financial services market is an important element of the development of the economy as a whole, in particular, it concerns not only the state but also society. We must understand that when this market is settled, that is, all bodies that carry out state regulation are competent in their powers, only then will we make informed, effective decisions about the normal and effective functioning of the RFP. It is important that the data of the subjects of control do not overlap, their activities should be fixed at the legislative level. It is also worth bearing in mind that appropriate conditions must be created to create compensatory mechanisms in the financial services markets by developing a system for guaranteeing deposits and providing for payments under long-term life insurance contracts, non-state pension provisions, deposits with deposit accounts to credit unions, etс.

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