Improving the Legal Framework for Social Partnership in the Eurasian Economic Union States under International Labor Standards

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 160-175
Author(s):  
M. Kh. Khasenov
Keyword(s):  
Legal Framework ◽  
International Standards ◽  
Freedom Of Association ◽  
International Labor Standards ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
International Labor ◽  
Economic Union ◽  
The Right

In the paper, the author examines the legal mechanism of social partnership in the States of the Eurasian Economic Union for compliance with international labor standards. The status of ratification of the ILO conventions in the field of social partnership in the EAEU Member States is defined, and a brief description of international standards in the exercise of the right to freedom of association, the institution of employee representation, and the implementation of forms of social partnership is given. The author concludes that some approaches to the legislative regulation of collective labor relations differ from international standards, and in some cases contradict them. Based on the analysis of labor legislation, gaps and conflicts in the regulation of collective bargaining procedures, mutual consultations and exchange of information, as well as ensuring the right to freedom of association and representation of employees in social partnership are identified. There is no uniformity in the definition and regulation of forms of social partnership in the EAEU States. The legislation of the EAEU States is characterized by heterogeneous conditions for conducting consultations: in some countries, this form of social partnership is implemented through the mechanism of coordination of important decisions and acts of the employer (Belarus, Kyrgyzstan) with employees’ representatives, in others through the mechanism of taking into account the opinion of the representative body of employees (Kazakhstan, Russia). In Armenia, the labor legislation does not provide for a counselling mechanism. The national legislation of a number of States contains rules that violate the right to freedom of association. The Committee of experts on the application of ILO conventions and recommendations has repeatedly noted this in its reports and recommendations. The author formulates recommendations for improving the legal framework of social partnership in the EAEU States in order to implement international obligations. In particular, it is recommended that the legislation of the EAEU States provide for a more systematic and clear mechanism for regular exchange of information between employees and the employer and their representatives as an independent form of social partnership.

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.

scholarly journals Features of legal regulation of labor in the member states of the Eurasian Economic Union

2021 ◽  
Vol 128 ◽  
pp. 06010
Author(s):  
T.A. Izbienova ◽  
A.B. Vaiman ◽  
S.M. Sagitov
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Association ◽  
Legislative Framework ◽  
Economic Union ◽  
The Right

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

scholarly journals The Problem of Freedom of Association: A Comparative Legal Study of Provisions of Laws on Trade Unions of the States of the Eurasian Economic Union, Taking into Account International Labor Standards

2021 ◽  
Vol 16 (2) ◽  
pp. 165-174
Author(s):  
К. S. Ramankulov
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Aspect ◽  
Labor Standards ◽  
Kyrgyz Republic ◽  
Freedom Of Association ◽  
International Labor Standards ◽  
Eurasian Economic Union ◽  
International Labor ◽  
Economic Union

The paper investigates the norms of laws on trade unions of the states of the Eurasian Economic Union, with respect to international labor standards, in the context of the problems of freedom of association in a comparative legal aspect. In this regard, trade union monopolies (Belarus, Kazakhstan, Kyrgyzstan) are challenging the provision of the independence of trade unions in a number of countries of the Eurasian Economic Union. The paper concludes that there is a significant inconsistency, in particular, Art. 11-15 of the Law of the Republic of Kazakhstan No. 211-V "On Trade Unions" and Art. 7-12 of a new Law (draft) of the Kyrgyz Republic "On Trade Unions" to the principles of Art. 2 and 11 of the ILO Convention No. 87. The paper examines the trends associated with the expansion of some trade union rights in terms of their relationship with civil rights and freedoms and international labor standards. On this basis, it is concluded that in international legal acts, trade union rights are considered as a complex legal institution containing norms related to civil and political rights, to economic, social and cultural rights.

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

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 Non-compliance with international labor standards in the implementation of codification of labor legislation

1970 ◽  
pp. 204-209
Author(s):  
Nataliya Tsyhanchuk
Keyword(s):  
Trade Unions ◽  
International Standards ◽  
Labor Standards ◽  
International Labor Organization ◽  
The European Union ◽  
International Labor Standards ◽  
Association Agreement ◽  
Scientific Debate ◽  
Labor Legislation ◽  
International Labor

The integration of Ukraine into the European Union requires amendments to national legislation and harmonizing its norms with international standards. At present, it is necessary to prepare and adopt a new Labor Code of Ukraine. In the Verkhovna Rada four Draft Labor Codes have been registered, but the analysis of each of them indicates that not all norms of the proposed drafts meet international standards. International labor standards and of foreign experience should be applied with due regard for the features of the legal systems of different countries, including ours. The issues of developing the concept of reforming the labor legislation of Ukraine and its further progress, as well as the adoption of the new Labor Code, have long been the subject of scientific debate and research. But many questions are not answered. In this regard, this topic is still relevant. Draft Law № 0955 was registered in the Verkhovna Rada, replacing Draft Law № 1658, which had already been voted for at first reading and had been awaiting for consideration at second reading, but was revoked by the Verkhovna Rada of the new convocation because of its inconsistence with the norms and principles of international law and with International Labor Organization Conventions ratified by Ukraine. The analysis of Draft Law № 2410 and Draft Law № 2410-1 indicates that they also do not meet international labor standards and therefore require improvement. Draft Law on Labor № 2708, submitted by the Cabinet of Ministers of Ukraine, contradicts the Constitution of Ukraine and other laws and had been developed without the involvement of social partners, that is employers and trade unions. The authors of the Draft Law had not taken into account the ILO Conventions, ratified by Ukraine, and the commitments undertaken by Ukraine as a result of signing the Association Agreement with the EU in labor relations issues. The analysis of the Draft Law shows that its provisions commit the gross violation of the norms of the Constitution of Ukraine and of the current labor legislation and do not meet international labor standards. It is necessary to adopt a new Labor Code of Ukraine, but it must be a legislative instrument that meets all international labor standards and is built on the principles of social partnership.

scholarly journals The Court of the Eurasian Economic Union: Challenges of Functioning

2019 ◽  
Vol 14 (1) ◽  
pp. 57-75
Author(s):  
Zholymbet Baishev
Keyword(s):  
Legal Framework ◽  
Transportation Policy ◽  
Internal Market ◽  
Customs Union ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Right ◽  
Advisory Opinions

The Court of Eurasian Economic Union is envisaged by the Treaty on EAEC (Eurasian Economic Community) as one of the bodies of the Union. Its principal aim is to ensure uniform application of the Treaty and compliance of the agreements adopted by the Union member states as well as acts of the Union bodies with the Treaty.All member states, bodies of the Union and, in certain cases, economic entities has the right of appeal to the Court. The Court is empowered to adjudicate cases of disputes arisen within the framework of the Union as well as to issue advisory opinions. Court decisions are binding while advisory opinions are of suggestive nature. When hearing cases, the Court applies the Treaty on EAEC, international treaties of the states concluded within the framework of the Union and norms of international law.Established in 2015, the Court of EAEC appeared to be in demand among the states, economic entities and bodies of EAEC. The analysis of the activities of the Court and its legal framework enabled to identify a number of outstanding issues related to the status and organization of the activities of the Court. Thus, the competence of the Court as stipulated by the Statute does not reflect the power (as stipulated by the Treaty) of the Highest Eurasian Economic Union to appeal to the Court with a request. The limits of competence of the Court are not clearly and sufficiently denoted, the fact that might serve grounds for the unwarranted expansion thereof. The procedure for initiation of issuance of advisory opinions and termination of proceedings in such cases is not sufficiently regulated. There is no clarity as to the legitimacy of the collective dissenting opinions of judges.The analysis of the Court practice shows that in broad terms it fulfills its mandate. The decisions adopted by it enabled to elaborate critical legal positions and clarify many practical issues in such areas as functioning of the Customs Union and internal market of the Union, general principles and rules of competition, protective measures for internal market and transportation policy.

scholarly journals Problems of the preliminary customs informing system and the introduction of the Single Window at the sea check points of the Russian Federation

2018 ◽  
Vol 239 ◽  
pp. 04004 ◽  
Author(s):  
Svetlana Maydanova ◽  
Igor Ilin
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Eurasian Economic Union ◽  
Check Points ◽  
The Russian Federation ◽  
Economic Union ◽  
National Governments

The Single Window concept in the international trade and logistics has been explored by international organizations and national governments over the last two decades. International standards and recommendations, government decisions on this approach are widespread today in both developed and developing countries. Similar decisions and legal acts were implemented during the last ten years by the Russian Federation, as a member of the Eurasian Economic Union. This article provides overview of the following coherent stage – the implementation of preliminary customs informing system at sea check points of the RF with concerns of the Single Window introduction.

scholarly journals About the need to improve the requirements to labeling of food products in the Russian Federation and the Eurasian Economic Union

2019 ◽  
Vol 95 (2) ◽  
pp. 192-198 ◽  
Author(s):  
A. K. Baturin ◽  
O. V. Arnautov ◽  
Olga V. Bagryantseva ◽  
S. A. Khotimchenko ◽  
G. N. Shatrov
Keyword(s):  
Fatty Acids ◽  
Russian Federation ◽  
Nutritional Value ◽  
Food Products ◽  
International Standards ◽  
Chloride Salt ◽  
Positive Effects ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

One of the major factors contributing to a healthy diet, proper selection of food consumers is the labeling of food products. In order to improve the requirements to labeling offood products in the Russian Federation and the Eurasian Economic Union and their harmonization with international standards and requirements of the European Union in the Technical regulations of the Customs Union "Food products are part of its labeling" (TR CU 022/2011) it should be amended as follows: 1. The list of indices of the nutritional value offood products referred to in their labeling, should be expanded by next positions: the amount of saturated fatty acids and trans fatty acids; carbohydrates, including mono- and disaccharides and the amount of added sugar; polyols; dietary fiber; added sodium chloride (salt). 2. To carry out the calculation of daily requirements of essential nutrients based on the human consumption of 2000 kcal per day, instead of 2500 kcal. 3. When setting the nutritional value offood products to envisage the application of the "color codes" indicating normal level of consumption by green, permissible - yellow, dangerously - in red. 4. In the text of the regulations Appendix, regulating the use in label offood to include information about the expected positive effects on the human body of the incoming (s) of the food product (s) ingredient (s) in case of systematic use of such a product in food rations.

INTERNATIONAL LEGAL FRAMEWORK FOR THE FUNCTIONING OF MECHANISMS FOR RESOLVING TRADE DISPUTES IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Trade Disputes ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

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