scholarly journals AGE FEATURES OF EMPLOYEES AND THEIR REGULATION UNDER INTERNATIONAL LABOUR LEGISLATION

2021 ◽  
pp. 5-11
Author(s):  
V. Andriiv
Keyword(s):  
Legal Status ◽  
Age Groups ◽  
The Elderly ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Labour Relations ◽  
Minimum Age ◽  
Characteristic Features ◽  
Labour Legislation ◽  
Age Features

The article analyses international legal acts that regulate the labour relations of certain categories of workers, as well as related problems. Their distinctive feature is the age that a person has reached at the time of entering into such a legal relationship. The peculiarities of such regulation are determined; its characteristic features are specified. Due to the fact that age is one of the legal facts that affect the legal status of the employee, an attempt is made to distinguish between age groups of employees and to identify features of their legal status in the employment relationship. The methodological basis of the study includes general and special methods of cognition. The dialectical method examines the problems of legal regulation of international norms on the use of hired labour of minors and the elderly and their relationship with a number of trends that have different effects on international labour law. Formal-logical and systematic methods are used to study the content of international legal acts governing labour relations of minors and the elderly. The main result of the study is the regulation in international legal acts of relations concerning the use of hired labour of minors and the elderly, improving its conditions, protection against discrimination and creating conditions for the free exercise of their ability to work within national laws, for comparative legal analysis and finding ways to improve existing systems. The article also pays attention to the content, significance and features of the basic principles for the use of hired labour of minors and the elderly, the establishment by member states of the minimum age for employment.

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 THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

scholarly journals SOME ASPECTS OF THE LAWYER'S INVOLVEMENT IN THE NOTARIAL PROCESS

2020 ◽  
pp. 5-11
Author(s):  
M. Bondareva ◽  
S. Rabovska
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Functional Importance ◽  
Power Of Attorney ◽  
Negative Effects ◽  
Functional Component ◽  
Legal Situation ◽  
Legal Fact

The article examines the role and functional importance of the lawyer's involvement in the notarial process, discusses the peculiarities of the lawyer's procedural activity in committing certain groups of notarial proceedings. Based on the analysis of judicial and notarial practice, the authors consider the issues of registration of the powers of the lawyer who provides representation in the notarial process. The article concludes that it is necessary to eliminate ambiguous understanding of documentary confirmation of the representative's powers. The specifics of participation in the notarial process and the peculiarities of legal regulation for such participation are determined by the nature of procedural formalities in the sphere of the notarial process. The necessity of determining the lawyer's powers in the notarial process on the basis of a power of attorney issubstantiated. The specifics of the lawyer's activity in the notarial process are proposed to be determined on the basis of two significant aspects: the legal status of the person represented by the lawyer and the nature, complexity, subjectivity of the notarial proceedings. Since the notarial procedure involves the search for the most favorable, acceptable to the parties options for solving their legal situation, the use of various instruments of legal technique, the negative effects of the lawyer's participation in the dynamics of notarial proceedings areanalyzed. Particular attention is paid to the functional component of the lawyer's participation in the notarial proceedings in terms of the stage of the notarial process. Based on the analysis of the case law and the practice of notary decrees on the refusal to perform a notarial act, it is concluded that most of the refusals were made on the grounds that could be eliminated or corrected by the applicant. The paper also stipulates the expediency of the lawyer's involvement in the notarial process for the purpose of increasing the efficiency of such a process. The efficiency of the lawyer's participation in the stage of preparation for the execution of the notary proceedings is determined in order to ensure the legal analysis of the documents as should be provided by the applicant for confirmation of one or another legal fact; legal analysis of the grounds for refusal of a notary in committing notarial proceedings; ways of adjusting the course of the notarial process, offering alternatives to solving the legal situation of theperson. The article highlights the problematic aspects of the personal participation of a person on behalf of and in the name of whom the notarial proceedings are committed. Cases where such participation is mandatory are demonstrated. Based on the research, the authors of the article offer independent conclusions and judgments on the analyzed topics.

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.

State and municipal service

2019 ◽  
Author(s):  
Юрий Кузякин ◽  
Yuriy Kuzyakin ◽  
Артём Ермоленко ◽  
Artem Ermolenko
Keyword(s):  
Public Service ◽  
Military Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Municipal Services ◽  
Legal Analysis ◽  
Municipal Service ◽  
Municipal Employees ◽  
The Russian Federation ◽  
Individual Service

The textbook examines the concept, types and order of passage of the state civil service, military service, other types of public service and municipal service. The legal status of state and municipal employees, the principles and sources of legal regulation of official activities in Russia are analyzed. The authors conducted a comparative legal analysis of state and municipal services in the Russian Federation. Considerable attention is also paid to the procedure for considering individual service disputes and combating corruption in the system of state and municipal services.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals State Service in the Law Enforcement Sphere and Its Major Features

2020 ◽  
Vol 14 (4) ◽  
pp. 576-580
Author(s):  
Roman V. Nagornykh
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
State Service ◽  
Legal Enforcement ◽  
Functional Features ◽  
The Law ◽  
Characteristic Features ◽  
Enforcement Activity

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals PRECARIAT IN SCIENCE AND RESEARCH: LEGAL AND PHILOSOPHIC COMPREHENSION OF THE ISSUE IN THE GLOBAL CHALLENGES PERSPECTIVE

2020 ◽  
Vol 24 (4) ◽  
pp. 901-918
Author(s):  
Maria V. Zakharova ◽  
Vladimir I. Przhilenskiy
Keyword(s):  
Knowledge Economy ◽  
Labor Relations ◽  
Negative Impact ◽  
Social Institution ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Global Challenges ◽  
The Face ◽  
Basic Functions ◽  
Characteristic Features

The article investigates philosophico-theoretical issues of legal regulation of labor relations in the scientific and research sphere in connection with increasing precarization in Russia and the rest of the world. Particular emphasis is made on the analysis of characteristic features of science as a social institution and on assessing the potential negative impact of labor relations precarization on the capability of this institution to perform its basic functions in the face of global challenges. The purpose of the study is to look at the ways of preserving the functionality of research as an institution in the knowledge economy environment using the means and methods of legal regulation in Russia and other countries worldwide. The focus is made on combining the philosophical and legal methods of research with philosophical reflection preceded by a comparative legal analysis of legislative regulation and assessment of its social and legal efficiency. The study has resulted in identifying the peculiarities of governmental and legal regulation of science as a social institution in different countries in the face of grand challenges, as well as the measures taken in different countries to limit the negative impact of the knowledge economy together with the assessment of its socio-legal and politico-administrative effectiveness.

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