Legal Support of the Process of Kazakhstan Accession to the OECD: Potential for Improving Quality of Individual's Labour Rights Regulation

2018 ◽  
Vol 8 (7) ◽  
pp. 2302
Author(s):  
Batyrbek A. ZHETPISBAYEV ◽  
Gulzira T. BAISALOVA ◽  
Kairatbek Kh. SHADIYEV ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Oecd Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Labour Relations ◽  
The Social ◽  
Wage Employment ◽  
The Republic ◽  
Labour Legislation ◽  
Practical Recommendations

The leading concept of the research is to prepare, implement scientific and practical recommendations, proposals aimed at improving the quality of legal regulation of wage employment in Kazakhstan. The study has two interrelated end goals: the development of a scientific and legal basis for Kazakhstan's accession to the Organization for Economic Cooperation and Development (OECD, Organization) and the unification of the national Labour legislation with universally recognized standards for the implementation of Labour relations in OECD countries.The aim is to theoretically substantiate the concept and content of the legal framework for ensuring human rights in the OECD countries; to generalize and develop ideas for solving the issues of improving the quality of legal regulation of the social and Labour sphere in Kazakhstan; to investigate problems and suggest ways of transforming the standards of wage Labour recognized in OECD countries into the Kazakhstani system of law.As a result of the research, conclusions and proposals are formulated aimed at improving and modernizing the norms of the Labour legislation of the Republic of Kazakhstan in the context of the development of all spheres of public administration and regulation in accordance with OECD recommendations and standards.

Evolution of the public administration system. The Republic of Estonia

2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  
Keyword(s):  
Public Administration ◽  
Administration System ◽  
The Public ◽  
Administrative Reforms ◽  
Social Sphere ◽  
External Threats ◽  
The Social ◽  
The Republic

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.

Salary optimisation in Ukraine in the context of the economy Europeanisation

2021 ◽  
Vol 28 (3) ◽  
pp. 224-237
Author(s):  
Oleg M. Yaroshenko ◽  
Оlena Ye. Lutsenko ◽  
Natalya M. Vapnyarchuk
Keyword(s):  
Law Enforcement ◽  
European Integration ◽  
Legal Regulation ◽  
Economic Life ◽  
Scientific Result ◽  
Labour Relations ◽  
Foreign Companies ◽  
Social Interests ◽  
Labour Legislation ◽  
Subjective Rights

In the context of active legislative prospects of the labour legislation of Ukraine in the aspect of their European integration, there are issues of developing and implementing effective remuneration systems and optimising them, which should be aimed at solving the problems of developing the Ukrainian economy, ensuring a combination of economic and social interests and goals of individual employees and managers of enterprises. This requires the application of new approaches to the organisation of wages, considering the specifics of enterprises and the experience of domestic and foreign companies, as well as scientists in the field of wages. The establishment of effective mechanisms in the remuneration system, which should ensure social and economic justice in labour relations, plays a significant role in resolving the relevant issues. This is primarily the observance, protection and restoration of the subjective rights of employees to pay in case of violation. If most of the outlined general social and economic problems cannot be solved by one means or another, it is not only possible but also necessary to formulate priority purely legal tasks related to the optimisation of legal regulation of wages. The article reflects: 1) the international legal basis for the establishment of an appropriate level of wages, 2) foreign experience in the establishment of optimised wages and 3) scientific and applied approaches to optimising wages in the Ukrainian economy under the influence of European integration processes. During the writing of this article, for a comprehensive disclosure of the issues, to achieve an objective scientific result and formulate appropriate conclusions, the authors used general and special methods of cognition (dialectical, functional, Aristotelian, comparative legal, hermeneutic, method of comparison). The article concludes that the existence of many intra-industry tariff grids in Ukraine in practice only complicates law enforcement. If there really was a Unified Tariff Grid, which would consider all professions, their features and the specifics of working conditions, there would be no need for each sector of the economy to develop its own tariff grid. Currently, there is a situation when within the UTS itself there is a significant number of other internal tariff grids in various areas and industries. The UTS should be developed based on the Dictionary of Occupational Titles, as it is the unified act that contains a list of professions that exist in the economic life of Ukraine. Therefore, each of these professions must be assigned its own tariff coefficient and the corresponding category. Wage growth should depend on the employee's qualifications, level of education, and productivity

scholarly journals EARNINGS MANAGEMENT AS A MANIPULATIVE FORM OF FINANCIAL REPORTING

2019 ◽  
Vol 34 (5) ◽  
pp. 1323-1328
Author(s):  
Marija Milojičić ◽  
Snežana Knežević ◽  
Aleksandar Grgur
Keyword(s):  
Earnings Management ◽  
Financial Reporting ◽  
Financial Analysis ◽  
Balance Sheet ◽  
Financial Statements ◽  
Legal Framework ◽  
Business Decisions ◽  
Accounting Principles ◽  
The Republic

The financial statements, as the end product of the accounting information system, are a structural account of the financial position and financial success of an entity's business over a period. Earnings or net profit indicates an important position in the financial statements and is considered as a measure of a company’s success. Earnings management comes from the accounting skills that executives and business owners use when making business decisions. The Generally Accepted Accounting Principles set out in International Accounting Standards (hereinafter IAS) and International Financial Reporting Standards (hereinafter referred to as IFRS) generally give the owner or manager the choice between several accounting methods within the various stages of the accounting process. One of these methods is creative accounting, which is often correlated with the manipulation of financial statements. Creativity in accounting is known to be legal and to stay within the legal framework, but it is often the case that, with its creativity, it is beyond its boundaries. The way managers exercise this discretion is very important to the quality and objectivity of financial reporting.The tendency of the owners, and then the managers, to show the performance of the company better than they really are, is certainly not new. The reason that in the world from the beginning of the 2000s to the present day, both by the scientific and professional public and by the regulatory bodies in charge of financial reporting, particular attention is paid to this problem are the major political and economic scandals caused by the inaccurate presentation of financial statements. It is considered that manipulative accounting practices are applied in the preparation of financial statements when the application of accounting principles is made with the intention of achieving the desired objective, such as, for example, generating greater profit regardless of whether the procedures selected are in accordance with international and local prescribed rules.The prevalence of manipulation of financial statements depends on the situation in the environment, the quality of the normative basis of financial reporting, the quality of management and the ability of accountants to comply with professional and ethical standards. The environment implies the general economic situation, the existence or absence of appropriate legislation, including its implementation, as well as the relation to tax liabilities.The result of the original empirical research is presented in this paper. The research was conducted in the form of a case study of a domestic business entity (the Republic of Serbia), whose main activity is trade in sports and fashion products. The financial analysis was performed using the Beneish model, which was derived from the official financial statements of the companies, collected from publicly available databases (Balance Sheet and Income Statement 2016-2018) as the basic information base in order to discover the degree of possible manipulation of their own earning capacity. This model has become particularly popular since the Beneish M-scoring model revealed the manipulation of the financial results of the US company Enron, which went bankrupt in 2001.

scholarly journals IMPROVEMENT OF PUBLIC-PRIVATE PARTNERSHIP INSTRUMENTS IN THE SOCIAL SPHERE

2020 ◽  
pp. 24-29
Author(s):  
А. И. Прокофьева
Keyword(s):  
Institutional Environment ◽  
Minimum Degree ◽  
Legal Framework ◽  
Public And Private ◽  
Private Partnership ◽  
Social Sphere ◽  
Republic Of Bashkortostan ◽  
The Social ◽  
Additional Funding ◽  
The Republic

В статье автор раскрывает перспективные направления партнерства между государственным и частным секторами на основе привлечения дополнительного финансирования в отрасли социальной сферы, где частный бизнес отсутствовал или принимал участие в минимальной степени. Вместе с тем, автор обозначил направления развития муниципально-частного партнерства в Республике Башкортостан на базе совершенствования нормативно-правовой базы и развития институциональной среды. In the article, the author reveals promising areas of partnership between the public and private sectors on the basis of attracting additional funding in the social sector, where private business was absent or participated to a minimum degree. At the same time, the author outlined the directions of development of municipal-private partnership in the Republic of Bashkortostan on the basis of improving the legal framework and the development of the institutional environment.

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

Legal Changes and Constitutional Adjudication in Portuguese Social Law in Consequence of the European Financial Crisis

2020 ◽  
pp. 208-239
Author(s):  
José Carlos Vieira de Andrade ◽  
João Carlos Loureiro ◽  
Suzana Tavares da Silva
Keyword(s):  
Legal Framework ◽  
Constitutional Court ◽  
State Budget ◽  
Social Law ◽  
The Social ◽  
Social Security Scheme ◽  
Legitimate Expectations ◽  
The Republic ◽  
Constitutional Adjudication ◽  
Legislative Measures

Portugal was affected simultaneously by an economic, financial, and budgetary crisis. It is in this context that in 2011 the country signed an MoU on Specific Economic Policy Conditionality with the EU, the ECB, and the IMF, which prescribed cuts on social expenses in wages, pensions, and other benefits of an ‘assistentialist’ nature. The legal measures adopted in this respect focused mostly on the social security scheme and introduced changes in the legal framework for future pensions and unemployment benefits, new contributions for pensions in payment, and former non-contributory benefits, as well as cuts in pensions and benefits. Throughout the years, the President of the Republic, members of the parliament, and the Ombudsman have asked the Constitutional Court to assess many of the rules included in the State Budget Laws, arguing a violation of fundamental social rights and basic principles such as human dignity, equality, and the protection of legitimate expectations. This led to the issuance of new and important constitutional case law in Portugal, concerning mainly the assessment of legislative measures under the fundamental principles of legitimate expectations, proportionality, and ‘equal proportionality’.

Turkey

2019 ◽  
pp. 279-282
Author(s):  
Özlem Kuman Tunçel ◽  
Hayriye Elbi
Keyword(s):  
Informal Care ◽  
Family Caregiving ◽  
The Elderly ◽  
Legal Regulation ◽  
Dementia Care ◽  
Ageing Population ◽  
Care Services ◽  
The Social ◽  
Living Together

Turkey has a rapidly ageing population, the issues of which are new to the country. To date, there is no National Dementia Strategy. The strong tradition of family caregiving in Turkey has perhaps influenced the demand for access to formal care services. Informal care provided by families, which includes living together with the elders and providing the most comfort, is one of the strongest aspects of dementia care in Turkey. Another positive aspect is new legal regulation of the social security system for the elderly. Moreover, there is an increasing awareness of dementia and dementia care, which will hopefully give new impetus to further advancements in dementia care. The future of dementia care in Turkey should ideally include: (1) the development of a National Dementia Strategy, (2) improvement of informal care, including support for caregivers, and (3) an increase in the number, as well as improved quality, of in-hospital geriatric services.

Legal and Institutional Framework of Local Self-Government in the Republic of Macedonia

10.4335/76 ◽  
2009 ◽  
Vol 7 (2) ◽  
pp. 107-127
Author(s):  
Gordana Siljanovska Davkova
Keyword(s):  
Political Culture ◽  
Culturally Diverse ◽  
Positive Impact ◽  
Local Development ◽  
Legal Framework ◽  
Republic Of Macedonia ◽  
Municipal Management ◽  
The Republic ◽  
Local Leaders

In general, a comprehensive and well-designed local self-government will significantly improve community management in the Republic of Macedonia. The increased competences and strengthening of the political culture of the population will result in a more active participation of citizens in local processes. An increase in the professional level of the executive and administrative bodies along with improved communication with a civil society will have a positive impact on the quality of municipal management. Decentralized approaches to local development can be a sustainable way to preserve multiculturalism in an ethnically and culturally diverse country. The outcome of the process will depend on the level of public engagement, accountability of local leaders, and transparency of procedures. KEYWORDS: • local self-government • legal framework • municipality • decentralization • Macedonia

scholarly journals Newborn Murder and its Legal Prevention

2015 ◽  
Vol 1 (8) ◽  
pp. 91 ◽  
Author(s):  
Jurgita Stasiūnienė ◽  
Viktoras Justickis ◽  
Algimantas Jasulaitis
Keyword(s):  
Legal Regulation ◽  
Social Characteristics ◽  
Unconditional Love ◽  
Legal Provisions ◽  
New Concepts ◽  
Low Education ◽  
The Republic ◽  
Rehabilitative Measures ◽  
Scientific Doctrine ◽  
Practical Recommendations

A newborn’s murder committed by his/her mother always causes an exceptional emotional response in the society. The fact of neonaticide evokes emotions not only because a new life is the most vulnerable part of the society unable to defend itself, but also the mother’s aggression directed to her own “ flesh and blood” contradicts the laws of existence, denies the power of mother instincts, unconditional love for her children. The aim of the work is to study the legal regulation in Lithuania, prevalence, dynamics of this crime, its murder locations, social characteristics of offenders, possibilities of applying preventive, rehabilitative measures and the new prospects to enlarge the efficiency of the legal persecution of the neonaticide in Lithuania. The retrospective investigation was conducted in a period from 1990 to 2012 by examining depersonalised statistical cards provided by The Information Technology and Communications Department under the Ministry of the Interior of the Republic of Lithuania. In this study, a comprehensive analysis of neonaticide was carried out in terms of a holistic generalisation of the issue, i.e., the infanticide situation in Lithuania has been investigated in depth, practical recommendations have been provided to introduce new concepts to the scientific doctrine, to adjust the existing legal acts on neonaticide and to develop new legal acts, as well as introduce preventive and rehabilitative measures. Results have shown that women, who murdered their first-day newborn at the time of delivery or shortly thereafter, were relatively young, with low education, without any profession or occupation at the time of the crime. The most common crime location is village, inside the residential place of a woman. Lithuania has not yet adopted a legal neonaticide prevention system. In Lithuania, the legal provisions relating to the murder of newborn should be improved.

scholarly journals The objective need for legal regulation of territorial planning 
and its implementation in the Republic of Lithuania

2020 ◽  
pp. 36-48
Author(s):  
Kristina Mikalauskaitė-Šostakienė
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Regulation ◽  
Territorial Planning ◽  
The Social ◽  
Protection Of Human Rights ◽  
The Republic

The article analyzes the social and legal assumptions that determine the need for the legal regulation of territorial planning. The extent to which the appropriate legal regulation of territorial planning is related to the protection of the environment, ensuring sustainable development and the protection of human rights is assessed. It is concluded that the process of territorial planning is complex and complicated, has different needs and interests of natural and legal persons regarding the use of the respective territories are constantly encountered. Although the reform of the legal regulation of territorial planning has been carried out three times in Lithuania, gaps in the legal regulation of territorial planning have been identified so far.

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