scholarly journals INTERNATIONAL LEGAL REGULATION OF MIGRANT WORKERS LABOR

2019 ◽  
pp. 26-31
Author(s):  
O. Pohorielova
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Migrant Worker ◽  
Legal Regulation ◽  
Labor Migrants ◽  
Scientific Methods ◽  
Security Issues ◽  
Legal Standards ◽  
Analysis And Synthesis ◽  
International Conventions

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad. The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant. In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

scholarly journals Is Regular Migration Safer Migration? Insights from Thailand

2019 ◽  
Vol 7 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Maryann Bylander
Keyword(s):  
Working Conditions ◽  
Migrant Workers ◽  
Labor Migrants ◽  
The Sustainable Development ◽  
Irregular Migrants ◽  
Legal Standards ◽  
Starting Point ◽  
And Migration ◽  
Migration Experiences ◽  
Development Discourses

In the context of sharply increasing levels of international migration, development actors across Southeast Asia have begun to focus their attention on programming intended to make migration safer for aspiring and current migrant workers. These projects, however, typically begin with the assumption that more regular, orderly migration is also safer for migrants, an idea built into the language of the Sustainable Development Goals and the Global Compact on Migration. This article questions this assumption. It takes as its starting point the observation that migrant workers who move through legal channels do not systematically experience better outcomes among a range of indicators. Based on data collected from Cambodian, Burmese, Laotian, and Vietnamese labor migrants recently returned from Thailand, this work highlights the limits of regular migration to provide meaningfully “safer” experiences. Although migrants moving through regular channels report better pay and working conditions than those who moved through irregular channels, they also systematically report working conditions that do not meet legal standards, and routinely experience contract substitution. In other areas, regular migrants generally fare similarly to or worse than irregular migrants. They are more likely to experience deception and to have written or verbal agreements broken in migration processes. On arrival in Thailand, they routinely have their documents held, and they are more likely than irregular migrants to experience harassment and abuse both in the migration process and at their worksites. They are also more likely to return involuntarily and to struggle with financial insecurity and indebtedness after returning. These findings challenge mainstream development discourses seeking to promote safer migration experiences through expanding migration infrastructure. At the same time, they highlight the need for policymakers, development actors, and migration practitioners to reconsider the conflation of “safe” with “regular and orderly” migration throughout their programming.

scholarly journals Correlation between the principle of justice and legal axioms

2020 ◽  
pp. 64-78
Author(s):  
Anton Nikolaevich Rundkvist
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Principles ◽  
Original Definition ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Primary Reference ◽  
General Scientific ◽  
New Perspective

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice

scholarly journals Transformation of the Civil Right to the Freedom of Expression in the Internet

2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  
Keyword(s):  
Information Exchange ◽  
System Analysis ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Article ◽  
Global Information ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Right

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Development Trends of Non-Financial Reporting in the Creation of the Information Base of Economic Entities’ Sustainability Analysi

2019 ◽  
Vol 6 (3) ◽  
pp. 15-24
Author(s):  
D. A. Pankov ◽  
L. S. Makhanko
Keyword(s):  
Sustainable Development ◽  
Financial Reporting ◽  
State Level ◽  
Legal Regulation ◽  
Nonfinancial Information ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Legal Administration ◽  
Comparison Of The Results

The development of international financial markets, the need for continuous monitoring of the effectiveness of investments have exacerbated the problem of disclosing information about the economic entities’ activities. The traditional format of financial reporting is supplemented by reporting on sustainable development or non-financial reporting. The study based on the empirical material substantiates the trend of disclosure of open access characteristics of sustainable development in the absence of legal regulation of the procedure for compiling and submitting non-financial reporting; the main indicators for assessing the parameters of sustainable development are distributed according to the frequency of initiative disclosure; based on the methods of statistical comparison of the results of sample observations, the main factors affecting the degree of nonfinancial information presentation are revealed in conditions when the relevant issues are not regulated at the state level and the legal administration of the process described is not applied. The study used general scientific methods, including analysis and synthesis, comparison, grouping, the method of analogies, as well as methods of statistical analysis.

scholarly journals Covid pandemic and amendments to Employment law in Ukraine and Europe

2021 ◽  
Vol 10 (39) ◽  
pp. 178-185
Author(s):  
Igor Volodymyrovych Кudriavtsev ◽  
Liubov Vyacheslavna Kotova ◽  
Olena Serhiivna Arsentieva
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Social Care ◽  
Legal Regulation ◽  
Employment Law ◽  
Aid Workers ◽  
Health Issues ◽  
Labour Relations ◽  
Government Aid ◽  
Modern System

The COVID ‑ 19 coronavirus pandemic has demonstrated the unwillingness of many spheres of public life to respond adequately to critical situations. And first, it concerned the legal regulation of labour relations, which has undergone quite fundamental changes, which today form a new, more modern system of functioning of the labour market. Businesses may indeed violate employees' rights and protection from completely unwarranted resignation and even to gain adequate justice and national government aid. Workers with informal employment agreements, and limited access to healthcare and social protection before the pandemic, are particularly at risk now. The present research paper describes the relevant questions in Employment law, which relate to the Covid-19 pandemic in Ukraine and Europe. Some workers’ right to engage in work may disproportionately suffer due to the restrictions in place. These include parents of young children and single parent families, employees with health issues and disabilities, and migrant workers transported to work in agriculture or to provide social care. There is also concern about fair and just working conditions. This paper aims to answer the main questions connected with the Employment law in Covid time by conducting a literature review covering legal amendments to national and international legislations and examining the foreign practice related to employees’ rights connected with the labour restrictions in the time of pandemic.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Translating People and Policy: The Role of Maid Agents in Brokering between Employers and Migrant Domestic Workers in Singapore’s Migration Industry

2020 ◽  
Vol 54 (4) ◽  
pp. 992-1015
Author(s):  
Kellynn Wee ◽  
Charmian Goh ◽  
Brenda S.A. Yeoh
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Domestic Workers ◽  
Labor Migrants ◽  
Labor Market Intermediaries ◽  
International Labor ◽  
Language Brokers ◽  
Working And Living Conditions ◽  
Migrant Domestic Workers

There has been a surge of recent interest in the migration industries that facilitate the movement of migrants, particularly that of low-waged laborers engaged in temporary contracts abroad. This article extends this research to include migration brokers working in destination contexts, thus drawing analytical attention to the arrival infrastructures that incorporate migrants into host societies. Based on ethnographic research involving the employment agents who recruit women migrating from Indonesia to work as migrant domestic workers in Singapore, we use the concept of “translation” as a broad theoretical metaphor to understand how brokers actively fashion knowledge between various actors, scales, interfaces, and entities. First, we argue that through the interpretation of language, brokers continually modulate meaning in the encounters between potential employers and employees at the agency shopfront, reproducing particular dynamics of power between employers and workers while coperforming the hirability of the migrant worker. Second, we show how brokers operate within the discretionary space between multiple sets of regulations in order to selectively inscribe the text of policy into migrant workers’ lives. By interrogating the process of translation and clarifying the latitude migration brokers have in shaping the working and living conditions of international labor migrants, the article contributes to the growing conceptual literature on how labor-market intermediaries contour migration markets.

The Employment Contract Revisited. Undocumented Migrant Workers and the Intersection between International Standards, Immigration Policy and Employment Law

2010 ◽  
Vol 12 (2) ◽  
pp. 193-214 ◽  
Author(s):  
Andreas Inghammar
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
International Standards ◽  
Solid Base ◽  
Access To Justice ◽  
Undocumented Migrants ◽  
Undocumented Migrant ◽  
Legal Representation ◽  
Employment Contract ◽  
Legal Standards

AbstractThis article considers recent legal developments on undocumented migrant workers, finds the acceptance of international legal standards unsatisfactory and argues that the private law rights derived from the “semi-legal” employment contract between the employer and the undocumented migrant worker generates a solid base for significant legal claims. It further monitors the promotion of the position of the undocumented migrant workers under recent EU law and calls for a refocusing on the employment contract in the reading of a relevant EC Directive, with a particular emphasis on the issue of access to justice for the migrant workers. The increased number of undocumented migrants who leave their countries of origin for reasons outside the scope of the asylum procedure, as well as the circumstances under which this migration is undertaken and the working conditions of these individuals in the host countries, have brought about legal activities from governments and institutions such as the EU. The aim has in general been to establish sanctions against employers of undocumented migrant workers, but a shift towards a compensatory, employee protective, attitude has recently emerged, both in EU legislation and in a broader perspective in US case law. The article concludes that such a development must be massively supported in relation to access to justice in order to fulfill the ambition. The poor legal position of the undocumented migrant workers is significantly connected to issues of legal representation, trade union participation and the threat of repatriation.

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