scholarly journals LEGAL MECHANISM OF COLLECTIVE NEGOTIATIONS IN LATVIA

2010 ◽  
Vol 1 (2) ◽  
pp. 16
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Regulation ◽  
Collective Agreement ◽  
Labour Law ◽  
International Protection ◽  
Governmental Institutions ◽  
Collective Negotiations ◽  
The One ◽  
The Right ◽  
Legal Mechanism ◽  
First Time

Collective negotiations are regarded as actions or process, leading to signing the collective agreement between organizations of employees and employers, and also governmental institutions. Collective negotiations are significant because they contribute to the strengthening not only of a contractual method, but also to the flexibility of legal regulation of labour relationships, the coordination of employees’ and employers’ interests, the strengthening of social justice in the labour sphere. In this study, for the first time in the labour law science of Latvia, constitutive features of legal regulation of collective negotiations are selected, the subject, principles, parties, procedure and levels of conducting negotiations are characterised, international protection of collective negotiations is studied, the questions of the right to conduct collective negotiations and its dependence on the representation level of employees, correlation and mutual dependence of collective negotiations, on the one hand, and strikes, consultation, and information on the other hand.

scholarly journals Development of Legal Regulation of Pension Provision for Servicemen and Their Families on the Territory of Modern Ukraine (XVIII-XX Centuries)

2019 ◽  
pp. 299-307
Author(s):  
Oleh RADCHENKO
Keyword(s):  
Pension System ◽  
Legal Regulation ◽  
The Social ◽  
Great Patriotic War ◽  
Disability Group ◽  
Post War ◽  
The One ◽  
The Right ◽  
First Time ◽  
Stimulation Of

The peculiarities of legal regulation of pension provision of servicemen and their families on the territory of modern Ukraine in the XVIII–XX centuries are investigated. In particular, it has been established that for the first time the right to pension provision was regulated by Peter I in 1720 in the Marine Statute, which provided service pension, disability pension and survivor’s pension. It was also determined that during the royal period, the provision of pensions was not properly arranged. The new pension system for servicemen began to be built up after the overthrow of the tsarist regime, which was the reason for the October Revolution of the Bolsheviks, but it was far from perfect. Consolidation of the right to pension, its types and conditions of appointment at the normative level did not mean the receipt of pensions. From 1919 till 1924, pension provision for servicemen and their families on the territory of the Ukrainian SSR developed as a republican, in accordance with the regulations of the normative legal acts adopted by the SNK of the UkrSSR, and from 1924, all-Union bodies were formed, therefore further legislation, in particular the one that concerned pension provision, has developed not as a republican, but as all-union. It was also found out that despite the fact that in the period of the Great Patriotic War and the post-war period, the social security of servicemen in general, and pensions in particular, were placed in priority areas, their financial situation and members of their families were at a very low level. It has been established that a number of features of retirement provision for servicemen and members of their families, established in pre-Soviet and Soviet periods, have survived to the present. In particular, it is relevant to types of pensions, stimulation of a later retirement, and differentiation of the size of the pension depending on the disability group, etc.

OSTVARIVANjE PRAVA NA KOLEKTIVNO PREGOVARANjE U REPUBLICI SRBIJI

2021 ◽  
pp. 99-112
Author(s):  
Bojan Urdarević ◽  
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Legal Framework ◽  
Academic Community ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Conflicting Interests ◽  
Collective Negotiations ◽  
The One ◽  
The Right

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

scholarly journals Os alimentos provisionais como efetivação do direito aos alimentos e o sistema de tutelas cognitivas de urgência do Novo Código de Processo Civil (Lei nº 13.105/2015) / The brazilian provisional alimonies as realization of the right to alimony and the summary judgment system of the New Civil Procedure Code (Law 13.105/ 2015)

2016 ◽  
Vol 43 (2) ◽  
Author(s):  
Ana Cristina Alves de Paula ◽  
Edilberto Marassi Basílio Silveira Junior ◽  
Gabrielle Ota Longo ◽  
Yvete Flávio Da Costa
Keyword(s):  
Child Support ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Judgment Type ◽  
Procedure Code ◽  
The Future ◽  
The Right ◽  
Summary Judgment ◽  
Legal Mechanism ◽  
Present Text

Resumo: Este artigo contém uma análise dos alimentos provisionais como mecanismo jurídico-processual eficaz de tutela do direito aos alimentos, no bojo da sistemática processual civil hodierna, não se olvidando de enfrentar as questões advindas da nova disciplina jurídica das medidas de urgência, inaugurada pela Lei nº 13.105/2015 (Novo Código de Processo Civil). Para tanto, o presente texto, em estudo crítico-doutrinário, perscruta, pormenorizadamente a disciplina jurídica atinente aos alimentos provisionais enquanto modalidade de tutela antecipatória, diferenciando-os dos alimentos provisórios. Disserta acerca das desconcertantes indagações oriundas da desregulamentação das tutelas cognitivas de urgência nominadas promovida pela nova codificação, problematizando suas repercussões sobre o instituto dos alimentos provisionais. Propõe, para cada uma delas, sem desprezar a relevância futura dos contributos doutrinários e jurisprudenciais, possíveis soluções, que prezem pela minimização das dificuldades a serem criadas.Abstract: This article analyses the Brazilian provisional alimony/alimony pendente lite as a procedural realization and a legal mechanism of protection for the rights of alimony, palimony, parental and child support in the wake of contemporary Brazilian civil procedural system, not forgetting to address the issues arising from the new summary judgment legal regulation, inaugurated by Law 13,105/2015 (New Civil Procedure Code). For this purpose, the present text, a critically-doctrinal study, scrutinize in detail the legal regulation pertaining to provisional alimonies while Brazilian anticipatory summary judgment type, distinguishing them from Brazilian provisory alimony. It discusses about the perplexing questions arising from the deregulation of nominated summary judgment system, promoted by the new coding, questioning its impact on the institute of provisional alimonies. It proposes, for each of these questions, without neglecting the future relevance of the doctrinal and jurisprudential contributions, possible solutions, which seek minimizing the difficulties to be created. 

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

Tackling Indirect Discrimination in Employment in France

2019 ◽  
pp. 244-261
Author(s):  
Marie Mercat-Bruns
Keyword(s):  
Employment Discrimination ◽  
The Other ◽  
Labour Law ◽  
Applicable Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Discrimination In Employment ◽  
The One ◽  
The Right ◽  
Systemic Discrimination

This chapter argues that in France, the application of employment discrimination law is a mixed bag. On the one hand, labour law judges have had some difficulties with interpreting anti-discrimination law, especially when it is based on prohibited grounds linked to the person at work, such as race, and detached from the statutory view of the worker within the scope of applicable law. The need to deepen a factual analysis of context in cases of direct discrimination constitutes a challenge for civil judges more familiar with an approach based on syllogism rather than analogy and comparison. On the other hand, more recently, labour law judges have started resorting to the logic of indirect discrimination in employment which offers original ways to scrutinize collective action, including the right to strike, revealing systemic discrimination.

RUSSIAN FEDERATION CADAVERIC ORGAN DONORSHIP LEGAL REGULATION FEATURES

2019 ◽  
pp. 16-24
Author(s):  
Elena Mikhaylovna Nesterova
Keyword(s):  
Legal Regulation ◽  
Presumed Consent ◽  
Advantages And Disadvantages ◽  
Legitimate Interest ◽  
Foreign Countries ◽  
Study Experience ◽  
Cadaveric Organ ◽  
The Individual ◽  
The Right ◽  
Legal Mechanism

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.

Suspicion and Charge Statuses in Criminal Remedial Activities

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Сопнева ◽  
Elena Sopneva
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Theoretical Development ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
Procedural Time ◽  
The One ◽  
The Right

The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.

Towards the International Protection of Indigenous Peoples' Rights

1994 ◽  
Vol 12 (4) ◽  
pp. 405-423 ◽  
Author(s):  
Julian Burger ◽  
Paul Hunt
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International Human Rights ◽  
International Protection ◽  
Cultural Genocide ◽  
Indigenous Movement ◽  
The Right ◽  
Human Rights Standards ◽  
First Time

This article traces the development of indigenous peoples' international activity and considers why the international indigenous movement has grown since the 1970s. The authors examine the draft declaration on the rights of indigenous peoples which is due to be considered by the United Nations Commission on Human Rights for the first time in early 1995. The article makes some general points about the draft declaration before looking in some detail at three of its provisions: the right to protection from ethnocide and cultural genocide, the right to guarantees in relation to cultural and intellectual property, and the provision about treaties between indigenous peoples and States. The authors argue that although these provisions build on existing international law, they constitute an innovative evolution of international human rights standards.

The Right to Collective Bargaining in Malaysia in the Context of ILO Standards

2006 ◽  
Vol 1 ◽  
pp. 1-20 ◽  
Author(s):  
Rabiu Sani Shatsari ◽  
Kamal Halili Hassan
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Member States ◽  
The Right ◽  
Legal Mechanism ◽  
Conditions Of Employment

Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.

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