BROADENING THE POWERS OF FEDERAL LABOR INSPECTION: THE ISSUES OF LEGAL VALIDITY AND EFFECTIVENESS

2020 ◽  
Vol 6 (3) ◽  
pp. 233-247
Author(s):  
Angelina S. Mitraysova ◽  
Oksana S. Kuchevasova
Keyword(s):  
Comparative Method ◽  
Fixed Time ◽  
Legal Regulation ◽  
The State ◽  
Court Order ◽  
Control Functions ◽  
Labor Legislation ◽  
Legislative Changes ◽  
The Right ◽  
And Control

The right to remuneration for work is protected not only with the national sources of law (first of all, the Constitution of the Russian Federation), but also with international acts, which emphasize its special significance. The functions of protecting the right to remuneration for work are assigned to a wide variety of structures, including the Prosecutor’s office, courts, and labor dispute commissions. A separate place is assigned to the state labor inspectorates, which are authorized to carry out supervision and control functions for compliance with labor legislation. At the end of 2019, with the adoption of appropriate legislative changes, the powers of state labor inspections were expanded. The new powers included the functions of organizing and carrying out activities aimed at preventing violations of labor laws and other regulatory legal acts containing labor law norms, as well as the functions to enforce the employer’s obligation to pay payments that were accrued to the employee, but were paid in fixed time. In this article, the authors consider the proposed legislative changes, identify the shortcomings of legal regulation, and suggest possible ways to eliminate them, improve the regulatory framework in order to improve the effectiveness of the implementation of state labor inspections of their powers and protect the violated rights of employees. The research methodology is based on a dialectical method that revealed some contradictions in the legal regulation and practice of state labor inspections. Due to the comparative method (when comparing the institution of a court order and a decision on enforcement), shortcomings were identified in the effectiveness of the implementation by the state labor inspections of the power to enforce the employer’s obligation to pay accrued but unpaid wages and other amounts within the framework of labor relations.

scholarly journals State ideology and state policy in the labor market: Russian experience

2018 ◽  
Vol 2 (4) ◽  
pp. 60-67
Author(s):  
M. Drachuk
Keyword(s):  
Labor Market ◽  
Social Responsibility ◽  
State Policy ◽  
Comparative Method ◽  
Legal Regulation ◽  
The State ◽  
Legal Method ◽  
Labor Legislation ◽  
Positive Motivation

The subject of the paper is state ideology is an element of labor market.The main aim of the paper is to confirm or disprove the hypothesis that main tasks of state ideology as a key element of labor market are positive motivation to systematic long-term employment, as well as social responsibility of business by strengthening the information function of labor legislation.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results and scope of their application. The modern labor market should be defined as the vacancy market. At the same time, neither the concept of a vacancy nor its characteristics are established by legislation. The state ideology plays an important role among other information flows in the system of mandatory structural elements of the labor market. The state ideology accompanies the socio-economic development of society. The formation of labor motivation holds the dominant position in the organization of the labor market. State policy in relations on the organization of the labor market is a set of management decisions of the authorities, which form the state ideology among other things. The state, when realize its interests in the sphere of labor legislation, should actively use the so-called advisory type of legal regulation of labor relations. The proposed analysis may become a crucial point for future legal research in the field of labor market.Conclusions. Positive motivation to systematic long-term employment, as well as social responsibility of business are the main tasks of state ideology as a key element of labor market. The formation and consolidation of such ideology will make it possible to apply the provisions of labor legislation more accurately in accordance with its meaning and purpose.

Legal regulation of the mechanisms of deprivation and restoration of electoral rights in the RSFSR and the USSR (1918—1936)

2021 ◽  
Vol 2021 (03) ◽  
pp. 244-258
Author(s):  
Vladimir Gaponenko ◽  
Sergey Mazur ◽  
Elena Karpycheva
Keyword(s):  
Political Institutions ◽  
Voting Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Soviet Society ◽  
The Political ◽  
Economic Problems ◽  
The Right ◽  
And Control

The article is devoted to legal regulation of the mechanisms of deprivation and recovery of voting rights in the RSFSR and the USSR (1918-1936). Citizens deprived of voting rights because of their carrying on private trade, amounted to a special stratum of the population of Russia (USSR) in the 1920s - the first half of the 1930s Article is of interest to research the fact that the activities of the respective political institutions - control over the implementation of classes private trade and enterprise and the right of suffrage, has focused political, social, anthropological etc. problems inherent in Soviet society at that time. The political and legal aspects of this problem lie in the fact that disenfranchisement and control over the implementation of private trade are political institutions through which the state tried to solve its political, ideological and economic problems.

administrasi ketatausahaan sekolah

2020 ◽  
Author(s):  
Isra Revenia
Keyword(s):  
Information Needs ◽  
Control Functions ◽  
Definition Of ◽  
The Right ◽  
And Control

This article is made to know the destinantion and the administrasi functions of the school in order to assist the leader of an organazation in making decisions and doing the right thing, recording of such statements in addition to the information needs also pertains to the function of accountabilitty and control functions. Administrative administration is the activity of recording for everything that happens in the organization to be used as information for leaders. While the definition of administration is all processing activities that start from collecting (receiving), recording, processing, duplicating, minimizing and storing all the information of correspondence needed by the organization. Administration is as an activity to determine everything that happens in the organization, to be used as material for information by the leadership, which includes all activities ranging from manufacturing, managing, structuring to all the preparation of information needed by the organization.

PROBLEMATIC ASPECTS OF IMPLEMENTATION OF ADMINISTRATIVE RESPONSIBILITY FOR NON-PAYMENT OF CHILD SUPPORT

2017 ◽  
Author(s):  
Viktoriia Chokhrii ◽  
Keyword(s):  
Child Support ◽  
Local Governments ◽  
The State ◽  
The Past ◽  
Control Functions ◽  
Labor Legislation ◽  
And Performance ◽  
Administrative Penalty ◽  
Executive Body ◽  
Administrative Responsibility

The article is devoted to the consideration of problematic aspects of the implementation of administrative responsibility for non-payment of child support, is used in the form of socially useful work. In particular, the essence of this type of administrative penalty is revealed. The study focuses on the problematic issues that arise in the implementation of the imposed administrative responsibility in the form of socially useful work. A number of problems concerning the legal application of Article 183-1 of the Code of Ukraine on Administrative Offenses (hereinafter – the Code of Administrative Offenses) and ways of their solution have been outlined. Amendments to the current legislation of Ukraine are proposed in order to improve the implementation of resolutions in cases of administrative offenses. In particular, it is proposed to monitor the workload of the staff of the territorial bodies of the State Executive Service in Ukraine and analyze their staffing standards and functional responsibilities for the preparation of materials under Article 183-1 of the Code of Administrative Offenses. In addition, it was proposed to improve the organization of the performance of socially useful work by local governments by conducting appropriate explanatory work and methodological assistance to local governments in organizing the solution of this issue. The article proposes to transfer control functions to the executive body, and to improve the duty imposed on local governments to provide socially useful work is to improve, including amendments to the labor legislation of Ukraine. It is noted that when drawing up an administrative offense or making a decision in the case, it is necessary to find out the presence or absence of circumstances that for good reasons made it impossible for the debtor to pay child support, or the existing alimony arrears for the past period. The expediency of development of methodical recommendations for local self-government bodies concerning the order of definition and performance of socially useful works is substantiated.

MONITORING OF GOODS TURNOVER AS A SPECIAL FORM OF STATE CONTROL

2021 ◽  
pp. 108-113
Author(s):  
E. G. Kovalenko
Keyword(s):  
Information System ◽  
Special Form ◽  
The State ◽  
State Control ◽  
Information Function ◽  
State Information ◽  
Control Functions ◽  
And Control

The article studies the features of monitoring of goods turnover, including marking of goods, as well as turnover in the state information system of monitoring over turnover of goods involved in the relations of the operator issuing the codes, marking, collecting information, its storage and provision. The marking functions are defined: the function of analysis of wholesale and retail turnover, information function, identifying and control functions

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

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