scholarly journals Labor legislation in Kazakhstan and reflection of market methods in it of legal regulations of social and labor relations

2013 ◽  
Vol 2013 (3) ◽  
pp. 117-125
Author(s):  
Aibeniz Mamedova
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Legal Framework ◽  
Economic Changes ◽  
Labor Legislation ◽  
The World ◽  
The Republic ◽  
The Stability ◽  
Relationship Of

Over the past two decades labor relations have undergone dramatic changes everywhere in the world. As noted by the World Commission on Social Aspects Globalization has given impetus to the process of profound changes that affect everyone. Standard employment relationships lose their positions. The changes occur-ring in the world have led to new forms of employment. Although these changes have increased flexibility of labor market they have a negative impact on the stability of labor relations in general. Global economic changes in the world inevitably raise the question of Kazakhstan labor law modernization which involves updating the legal framework of regulating relations in the sphere of wage labor and a conceptual change in the ratio of regulatory and contractual regulation. This article examines the problem of the relationship of employment relations with the norms of labor law in the context of market conditions in the Republic of Kazakhstan.

scholarly journals DIGITALIZATION OF LABOR LAW:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Larisa S. Kirillova ◽  
Andrey M. Lushnikov ◽  
Marina V. Lushnikova ◽  
Askhat A. Bikeev
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Digital Economy ◽  
Economic Relations ◽  
Labor Legislation ◽  
The Stability ◽  
The Moment ◽  
Definition Of ◽  
Comprehensive Study

The article discusses some aspects of the digitalization impact on labor relations. It is concluded that the digital economy could not but affect the labor legislation, since it is economic relations and the nature of labor organization that largely determine the content and specific nature of labor legislation. It is noted that many scientific materials on this issue affect only certain aspects of the digitalization of labor relations. This is largely due to the fact that the digital economy development process in Russia began somewhat later, and therefore the first works appeared only at the beginning of XX century. However, there is already a reason to conduct a comprehensive study of the problem at the moment. The authors offer to start by highlighting some trends in the development of labor law that are caused by the digital economy. It seems that further work shall be carried out with the definition of trends to identify the risks of digital changes and develop the most optimal proposals for legislation. Based on the trend consideration results, their positive or negative impact on labor relations is noted. It is noted that digitalization opens up new opportunities for the organization of labor and employment, but it carries a huge number of threats to the stability of labor relations at the same time.

Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)

2020 ◽  
Vol 11 (4) ◽  
pp. 1080
Author(s):  
Samal K. ALIMKHANOVA
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Framework ◽  
Legal Aspects ◽  
Labor Laws ◽  
Legal Standards ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Union ◽  
The Moment

The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.

scholarly journals On the issue of the scope of application of labor legislation in the Republic of Kazakhstan

2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Joint Stock Company ◽  
Employment Contract ◽  
Legal Method ◽  
Right To Work ◽  
Labor Legislation ◽  
Scope Of Application ◽  
The Republic ◽  
The Right

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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 Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

scholarly journals Uzbekistan is Pearl of the East

2018 ◽  
pp. 438-446
Author(s):  
Alisher Abdualiev
Keyword(s):  
Legal Framework ◽  
Tourism Industry ◽  
Unesco World Heritage ◽  
Tourist Attractions ◽  
The World ◽  
World Tourism Organization ◽  
Important Direction ◽  
The Republic ◽  
Tourism Organization ◽  
Tea Ceremony

The author describes the rapidly developing tourism industry in Uzbekistan. The country purports to become one of the most frequented tourist attractions in the world, as attested to by its many achievements. Since 1993, the country has been a member of the UN World Tourism Organization. The author dwells on the results of tremendous work on the overhaul of the tourist industry, transport and hotel infrastructure. The country has also seen the development and perfection of the appropriate legal framework and new national terminology standards. The author points out that the establishment of programmes for the development of tourism opportunities in various regions of Uzbekistan is ongoing, whereby nearly 450 projects are planned. The regions work upon development of agri- and ecotourism. The measures on simplification and bringing to the world standards the visa process and registration of foreign citizens became highly important for Uzbekistan. The author concludes that such measures have resulted in an increase of number of tourists by 32,7 percent, as compared with the previous year. The export of tourist services has increased by 18,3 percent. According to the author, the main attractions of Uzbekistan for foreign tourists are peace, stability, the atmosphere of mutual respect and welfare; the resources available allow developing all kinds of tourism. Nowadays, Uzbekistan can boast about business, recreation, historical and architectural, folklore and ethnographical, religious and other kinds of tourism. The author emphasizes ecotourism is an important direction. Uzbekistan is a nice place for randonneurs, fans of bicycle touring, etc. The author pays attention to relations between Uzbekistan and Ukraine. It is said that the two states are in search of new forms of cooperation, with Ukraine being a tourist partner of Uzbekistan. The author also describes the cognitive aspect of the aforementioned tourism, namely about peculiarities of Uzbek families. Respect for elder people, tea ceremony as an element of hospitality, rules of etiquette while staying in an Uzbek house, and interesting traditions all serve to multiply the desire to visit the sunny Uzbekistan. Keywords: the Republic of Uzbekistan, tourist sphere, International Organization for Standardization (ISO), UNESCO World Heritage, Uzbekistan-Ukraine relations.

scholarly journals Macroeconomic Characteristics of Tourism Economy in the Republic of Tunisia

REGIONOLOGY ◽  
2019 ◽  
pp. 224-245
Author(s):  
Marina A. Zhulina ◽  
Vyacheslav M. Kitsis ◽  
Svetlana V. Saraykina
Keyword(s):  
Negative Impact ◽  
Comparative Method ◽  
International Tourism ◽  
The Political ◽  
Factors Affecting ◽  
The World ◽  
Macroeconomic Indicators ◽  
The Republic ◽  
Tourism Economy ◽  
The Impact

Introduction. Tourism is a dynamic, constantly developing sector of the economy. Tourism economy develops along with the society, recreation and tourism. The purpose of the article is to show the features of the impact of tourism on the national economy using the case of Tunisia. The experience of Tunisia is especially useful for the countries where beach recreation has developed and where the political situation has remained difficult for a long time (Egypt, Turkey, Thailand, etc.). Materials and Methods. The article is based on the statistical data provided by the World Tourism Organization, the World Data Atlas and open Internet sources. The study employed general scientific methods (analysis, synthesis, synthesis, comparison, etc.) and special ones (the methods of mathematical statistics, the graphical method, the comparative method, etc.). Results. For the first time, the article has provided a fairly complete description of the macroeconomic indicators characterizing the level of development of international tourism in Tunisia. The article has analyzed the dynamics of inbound and outbound tourism, discussed the factors affecting the volume of international tourism, considered international tourism expenditures and revenues, which to a large extent have a positive or negative impact on the country’s balance of payments. The trends in the development of international tourism in Tunisia have been revealed and the problems facing the industry have been identified. Discussion and Conclusion. The research has revealed that tourism economy largely depends on the political and economic processes taking place in the country. The current level of macroeconomic indicators of tourism economy in Tunisia lags behind the 2008–2009 figures. The results of the study made it possible to assess the current state of international tourism and make a number of suggestions aimed at increasing the level of development of international tourism in the country. The results of the study can contribute to the development of a program aimed to boost tourism economy in Tunisia, one of the key tasks of which should be that of increasing performance at the macro-level.

Liability in Labor Legislation

2021 ◽  
pp. 214-232
Author(s):  
Andriyana Andreeva ◽  
Galina Yolova
Keyword(s):  
Artificial Intelligence ◽  
European Community ◽  
Labor Relations ◽  
National Level ◽  
Labor Law ◽  
Regulatory Framework ◽  
European Level ◽  
Labor Legislation

The study analyzes the influence of artificial intelligence on labor relations and the related need to adapt to the legal institute of liability in labor law with the new social realities. The sources at European level are studied and the current aspects of liability in the labor law at a national level are analyzed. Based on the analysis, the challenges are outlined and the trends for the doctrine, the European community, and the legislation for the introduction of a regulatory framework are identified.

Precarious Employment Trend: Features of its Development in Labor Legislation and the Problems of Other Norms of Industry Affiliation Influence on the World of Work, Taking into Account International Labor Standards

2019 ◽  
pp. 153-165
Author(s):  
К. S. Ramankulov
Keyword(s):  
Labor Relations ◽  
Labor Standards ◽  
Kyrgyz Republic ◽  
International Labor Standards ◽  
Precarious Employment ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
International Labor ◽  
The World ◽  
Economic Union

The paper notes that the conceptualization of the basic concepts related to precarious employment and the adoption of norms and legal acts adequate to these relations in the system of labor legislation of the states of the Eurasian Economic Union (EAEU) are at the preparatory stages. In the paper, the features of the manifestation of precarious employment in the labor legislation of the EAEU countries are analyzed by the example of norms on a fixed-term labor contract taking into account international labor standards. The labor legislation of the EAEU countries shows a tendency to expand the scope of fixed-term employment contracts, including towards lowering the level of legal guarantees for workers (Article 41 of the Labor Code of Belarus, Article 30 of the Labor Code of Kazakhstan, Article 82 of the Labor Code of Kyrgyzstan, Article 348.12 of the Labor Code of Russia), which contradicts the rules of ILO Recommendation No. 166 on the termination of labor relations on the initiative of the employer (Article 3) and the fundamental Convention No. 105 on the abolition of forced labor (Article 1), ratified by all states of the Eurasian Economic Union. In the paper, in the context of the development of precarious employment, the problems of the influence of norms of a different sectoral affiliation on the world of work are analyzed (by the example of Kyrgyzstan). It is noted, in particular, that the practice of applying the patent system to regulate the world of work does not contribute to resolving the issues of legalization of labor relations, and the tax authorities are not motivated to prove the existence of labor rather than civil law relations, even when they meet the criteria set forth in the ILO Recommendation No. 198 on labor relations and in Art. 13 of the Labor Code of Kyrgyzstan. The conclusion is formulated in relation to the restrictions of the labor inspectorates established by the Law of the Kyrgyz Republic dated May 25, 2007 No. 72 and by the Decree of the Government of the Kyrgyz Republic dated December 17, 2018 No. 586 as contrary to the ILO priority Convention No. 81 on labor inspection in industry and trade (Part 1 of Article 12) ratified by Kyrgyzstan. Serious inconsistencies of measures to deregulate administrative responsibility to the tasks of the labor legislation of Kyrgyzstan to counteract precarious employment are identified.

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