Specifics of Scientific Activity as a Ground of Differentiation of Legal Regulation of Labor Relations of Scientific Workers

10.12737/2244 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 101-109
Author(s):  
Дмитрий Бочарников ◽  
Dmitriy Bocharnikov
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Labor Relations ◽  
General Characteristic ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Labour Relations ◽  
General Rules

The article is dedicated to the detection of the specific features of scientific work which determine the specificity of the legal regulation of the labour relations of scientists and scholars. The author provides a general characteristic of the legal status of the researcher and analyses the exceptions from general rules stipulated by Russian legislation as well as the additional rules for the conclusion, alteration and termination of the labour contract with the said category of workers, their qualifications, working conditions and salaries.

scholarly journals Legal Status of Collective Subjects of Scientific Work

2021 ◽  
pp. 5-10
Author(s):  
Anton Vasiliev ◽  
Dariusz Schopper ◽  
Yulia Pechatnova
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Research ◽  
Legal Method ◽  
Scientific Organizations ◽  
Points Of View ◽  
Scientific Results

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.

scholarly journals Work of science as an object of Russian copyright law

2021 ◽  
Vol 39 (3) ◽  
pp. 94-102
Author(s):  
E. N. Agibalova ◽  
◽  
M. A. Naumov ◽  
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Copyright Law ◽  
Scientific Development ◽  
Legal Method ◽  
Domestic Legislation ◽  
The Status ◽  
Definition Of

The study examines the category "work of science", identifies the features of a scientific work that determine its protection as an object of domestic copyright law. Due to the facts that scientific development is an important strategic priority of state policy, and scientific activity in Russia is characterized by a large volume of inter-branch legal regulation, the absence of a legal definition of the concept of a work of science in domestic legislation is an omission of the legislator, giving rise to an incorrect doctrinal interpretation of this fundamental category. Based on the analysis of existing legal researches and the formal legal method, it has been established that the characteristics of scientific works as objects of copyright law allow differentiating their legal status from the status of works of literature and art. As a result, the authors have identified the mandatory and optional features of a scientific work, and proposed to amend the law the definition of a work of science, that will reflect all the features of its legal content

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees

2020 ◽  
Vol 89 (2) ◽  
pp. 69-76
Author(s):  
A. Ya. Radzividlo
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Temporary Employees ◽  
Employment Contracts ◽  
Employment Contract

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed . It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision. It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

scholarly journals Outsourcing and outstaffing: essence and practice of implementation

2020 ◽  
pp. 242-245
Author(s):  
Nataliia Tsyganchuk ◽  
Ruslana Liashenko ◽  
Viktoriia Kaleniuk
Keyword(s):  
Economic System ◽  
Labor Relations ◽  
Legal Regulation ◽  
Optimal Form ◽  
Customer Needs ◽  
General Rules ◽  
Long Time ◽  
Business Entities ◽  
Staff Involvement

Outsourcing and outstaffing are relevant constructions in the economic system of any state, which requires proper legislativeregu lation of this issue. Their peculiarity lies in the specific forms of labor relations between customers of certain services and performers.So far, this issue is not properly regulated at the legislative level in Ukraine, as a result of which business entities are forced to turnto the general rules of law.Today, the use of outsourcing and outstaffing is quite popular in business. As a rule, such concepts are used in cases when it comesto staff involvement, in particular, in the IT sector, the provision of cleaning services, maintenance and more.The article considers the essence of outsourcing and outstaffing, as well as their legal regulation in Ukraine. Additionally, attentionis paid to the practical aspects of these categories, their main features and characteristics are identified. According to the results ofthe study, the most optimal form of staff involvement was determined. Thus, the optimal form of staff involvement follows directlyfrom the needs of the customer, because to obtain the finished result is logical to use the model of outsourcing, and for long-term performanceof certain functions – outstaffing. If the business entity needs to involve qualified specialists to perform certain functions ona permanent basis or for a long time, it is outstaffing, and if the customer needs to get a ready-made result – outsourcing.Based on the results of the study, it was concluded that the issue of outsourcing and outstaffing in Ukraine needs to be properlyregulated, which fully meets modern requirements. In order to eliminate this problem, there is a need to take the following measures:1) ratification by Ukraine of the Convention on Private Agencies of July 19, 1997; 2) making appropriate changes to the norms of theCivil and Commercial Codes of Ukraine, as well as the Labor Code of Ukraine; 3) development and adoption of the Law of Ukraine«On outsourcing and outstaffing companies».

scholarly journals Peculiarities of differentiation of legal regulation of pharmaceutical workers’ labour

2019 ◽  
Vol 68 ◽  
pp. 01025
Author(s):  
Anna Sydorenko ◽  
Olena Melnyk
Keyword(s):  
Working Conditions ◽  
Health Hazard ◽  
Modern Society ◽  
Legal Regulation ◽  
Labour Relations ◽  
Public Health Institutions ◽  
Health Institutions ◽  
Industry Affiliation ◽  
Special Rules ◽  
The Right

The paper deals with peculiarities of legal regulation of pharmaceutical workers’ labour. Exercising the right to work is determined and analyzed. The authors prove that differentiation originates from special legislation. They determine what globalization is in the modern society. The paper analyzes the differentiation of pharmaceutical workers’ labour through the prism of such objective reasons as industry affiliation, working conditions, the nature of labour relations between an employee and an employer, and their content is determined. The study draws attention to the fact that industry affiliation is characterized by the importance of the industry for society and the degree of provision of public health institutions with highly skilled specialists, as well as the production process. The paper determines that working conditions are specific for each industry and workplace. It is proved that pharmaceutical workers have harmful and dangerous working conditions. Working conditions have to satisfy the requirements to the fulfilment of labour duties without life and health hazard. It is analyzed that the nature of labour relations between an employee and an employer are determined by the nature of labour and employment contract term. It is proved that the differentiation of pharmaceutical workers’ labour is expressed through special rules, which allows them to exercise their rights and obligations and to enjoy certain guarantees.

PROBLEMS OF LABOR LEGISLATION: KYRGYZSTAN UNDER COVID-19 PANDEMIC (COMPARATIVE ANALYSIS WITH THE RUSSIAN LEGAL REGULATIONS)

2020 ◽  
Vol 6 (4) ◽  
pp. 214-227
Author(s):  
Kubanychbek S. RAMANKULOV
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Remote Work ◽  
Labor Regulation ◽  
Legal Method ◽  
Labor Legislation ◽  
Significant Addition

The situation caused by the spread of COVID-19 has become one of the serious challenges that have manifested themselves, in particular, in the field of legal regulation of social and labor relations, which continues to remain insufficiently studied. This article aims to fill in this lacuna and consider the effectiveness of the main institutions of labor legislation in the event of a coronavirus pandemic. The performed analysis allowed rationalizing a significant addition and clarification of the conceptual apparatus of the labor legislation of the Kyrgyz Republic (KR), which is used in labor regulation under COVID-19 conditions. At the same time, the results show that the lack of a number of basic norms in the legislation, in fact, prevent from establishing the legal status of persons in the labor sphere who are in restrictive/quarantine conditions. An analysis of the basic norms related to the institutions of labor legislation showed a clear insufficiency of their legal capacity to regulate labor relations in the context of the COVID-19 pandemic. For the first time, on the basis of the comparative legal method, the problem of establishing new rules outside the labor legislation in Russia and Kyrgyzstan was identified, when the regulation of labor and relations directly related to them in both countries in the context of the COVID-19 pandemic moved to the sectoral (departmental) and local levels, including through acts of application of law (in Kyrgyzstan). Everywhere during the pandemic, employers in both countries transferred to remote work, which is not provided for by labor legislation. The author justifies the prospect of the proposal to subsequently separate out individual chapters in the labor codes of Russia and Kyrgyzstan, which provide for the specifics of labor regulation in an emergency (provisions). The main methods used in the article are the means of system analysis and the comparative legal method for studying the problems of labor legislation in Kyrgyzstan and Russia in terms of analyzing its current state and ensuring effective implementation in the context of the COVID-19 pandemic.

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