Features of Incidents Investigation during Remote Work

2021 ◽  
pp. 19-23
Author(s):  
E.A. Azmetova ◽  
◽  
N.V. Vadulina ◽  
Keyword(s):  
Occupational Diseases ◽  
Short Circuit ◽  
Head Injuries ◽  
Gastrointestinal Diseases ◽  
Legal Regulation ◽  
Point Of View ◽  
Working Environment ◽  
Labor Protection ◽  
Remote Work ◽  
Remote Employees

The problems of legal regulation of remote work from the point of view of safety and labor protection are considered. During the pandemic, the number of remote employees increased by eight times, and the labor protection of this category of the employees remained at the same level. The Labor Code of the Russian Federation significantly reduces the rights and obligations of both the employer and the remote employee, therefore, the risk of an incident increases. It is difficult to establish a connection specifically between the incident with production activities, and not with the household chores. It is noted that the employers are reluctant to investigate incidents with remote employees. However, an investigation is required since administrative responsibility is provided for concealing an incident. Investigation will help not only to get the employee due compensation but also to prevent future incidents. Several traumatic factors are highlighted related to the home office: sharp corners of the furniture, broken glass, toilets and bathrooms, wet floor, armchair, chair, ceiling cabinets (head injuries), carpets and cables (stumbling), equipment and cables (short circuit), fire, stairs. Presumably, the most frequent occupational diseases associated with the remote work (longer stay behind the computer screen) were identified: dry eye and carpal tunnel syndromes, cardiovascular, gastrointestinal diseases, etc. Recommendations for the prevention of occupational diseases and injuries were proposed: briefings on labor protection, risk assessment at the workplaces, preliminary and periodic medical examinations, an ergonomic working environment, compliance with the work and rest regimes, preservation and (or) documentation of the incident site before the arrival of the commission, etc.

Features of Prosecutor’s supervision over observing the citizens’ labor rights in the context of the spread of new coronavirus infection (COVID-19)

2021 ◽  
Vol 23 (2) ◽  
pp. 24-27
Author(s):  
NATALYA TROSHINA ◽  
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Discipline ◽  
Labor Legislation ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The author analyzes the problematic aspects of the prosecutor’s supervision over the observance of the labor rights of citizens involved in remote work and the temporary transfer of employees to remote work at the initiative of the employer in exceptional cases. During the spread of coronavirus infection (COVID-19), the legal regulation of teleworking is one of the most important aspects requiring special attention. In practice, remote work is connected with such difficulties as the discipline of workers. In the article, the author gives considerations regarding the workplace of a remote worker, highlights the rules for bringing an employee to disciplinary responsibility, and shows the means of regulating the labor discipline for teleworking employees. The author emphasizes that it is through the efforts of the employer that it is possible to increase the discipline of employees in remote work. The article describes the position of the Supreme Court of the Russian Federation regarding civil claims for reinstatement at work during the period of working remotely. Also, the author analyzes the state of legality in the field of labor relations. The article provides the author’s point of view concerning the application of labor legislation and the implementation of prosecutorial supervision in this field.

scholarly journals INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC

2021 ◽  
Vol 37 (4) ◽  
pp. 35-43
Author(s):  
А. А. Pismenytskyi
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Health Workers ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Labor Protection ◽  
Remote Work ◽  
Public Authorities ◽  
Patient Consent

The article summarizes the state of legal regulation and judicial and law enforcement practice in the field of labor relations, which arise against the background of the COVID-19 pandemic. The normative legal acts referred to by the Ukrainian authorities when making decisions on compulsory vaccination, and which serve as a normative basis for the removal of certain employees from work, are analyzed. At the same time, an analytical review of the decisions of the Supreme Court of Ukraine and the decisions of the European Court of Human Rights on appeals concerning coercion by the authorities and administrative institutions to vaccinate was carried out. Analytical materials of public associations of lawyers and the practice of the Verkhovna Rada Commissioner for Human Rights were also used for analysis. Attention is drawn to gaps in legislation and regulations on the issue of informed patient consent. Certain options for amending the relevant acts are proposed. Conclusions on the instrumental impact of information and legal aspects on the general state of labor protection in a pandemic. The author, in particular, draws attention to the fact that the state, having established the rule that without vaccinations certain categories of workers can not be admitted to work, fulfills its obligation to ensure labor protection. That is, by creating safety and health conditions at work, public authorities and employers protect not only all workers and those who receive their services, but also the person who has not received preventive vaccinations, through the mechanism of offering such an employee, for example, conditions for remote work. At the same time, the article emphasizes the fact that medical institutions and doctors are largely ignoring the provisions of current legislation on the objective information of patients undergoing vaccination. It is about informing patients about the features of different vaccines and the possible consequences of their use. And this, in turn, should lead to the informed consent of the patients themselves. Thus, informed consent in the described legal relations is a specific indicator and, at the same time, an instrument of labor protection. This, in this case, applies not only to subjects who are vaccinated, because then they receive "admission" to the place of work and the work itself, but also, separately, it is a criterion of quality working conditions of health workers, quality of medical services as an independent species. labor. And reaching the level of collective immunity, thanks to mass vaccination, creates a more global protection of the population, and thus, for its working part, and a tool to protect all types of work.

scholarly journals Improvement of the module for occupational diseases in the structure of occupational health record

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Iancheva ◽  
T Kundurzhiev ◽  
N Tzacheva ◽  
L Hristova
Keyword(s):  
Public Health ◽  
Occupational Health ◽  
Health Services ◽  
Occupational Disease ◽  
Occupational Diseases ◽  
National Level ◽  
Working Environment ◽  
Occupational Health Services ◽  
Health Record ◽  
Disease Module

Abstract The study is based on the National Science Program 'eHealth in Bulgaria (e-Health)', funded by the Ministry of Education and Science. Partnership Contract No. D-01-200/16.11.2018 Issue Occupational health is closely linked to public health and health system. In Bulgaria there are many software products related to the registration and reporting of occupational health. Description of the Problem It is necessary to study all the determinants of occupational health, including the risks of diseases and accidents in the occupational environment, social and individual factors. The establishment of electronic systems for registering and monitoring both the health status of each worker and the possible hazards in the work environment is associated with the introduction and use of the occupational health record of each worker. Results The methodology for improving the module for occupational diseases in the structure of the occupational health record in Bulgaria has been developed. The classifications are in compliance with the legislation in the country and the requirements of the developing Eurostat methodology for European statistics on occupational diseases are applied. The occupational health record will serve both employers and physicians working in Occupational Health Services. Lessons The occupational disease module in the structure of the occupational health record will contribute to the statistical comparability of occupational disease data at regional and national level. Not only will the registration of the harmful factors of the working environment and the diseases related to the work process, but also the introduction of timely measures to ensure good occupational and public health. Key messages Through the occupational disease module, the structure of the occupational health record introduces the possibility of taking adequate measures to ensure good occupational health. The occupational health record will serve both employers and physicians working in Occupational Health Services.

scholarly journals The Role of Employee Relations in Shaping Job Satisfaction as an Element Promoting Positive Mental Health at Work in the Era of COVID-19

2021 ◽  
Vol 18 (4) ◽  
pp. 1903
Author(s):  
Helena Bulińska-Stangrecka ◽  
Anna Bagieńska
Keyword(s):  
Mental Health ◽  
Job Satisfaction ◽  
Social Interactions ◽  
Interpersonal Trust ◽  
Well Being ◽  
Working Environment ◽  
Employee Relations ◽  
Remote Work ◽  
Mediating Role

The COVID-19 pandemic is affecting the mental health of employees. Deterioration of the well-being of workers is also caused by changes in the working environment. Remote working can affect both social interactions and job satisfaction. The purpose of the study is to examine what factors influence job satisfaction in the context of remote work caused by a pandemic. The study analyses whether employee relations and interpersonal trust are related to the level of perceived job satisfaction. The investigation started with a literature review and then research hypotheses have been formulated. Based on an empirical study, carried out on a sample of 220 IT employees during the pandemic, an analysis of the mediating role of trust in links between employee relations and perceived job satisfaction was conducted. The current study found that positive employee relations contribute to the level of job satisfaction. Additionally, trust is an important factor that mediates these relationships. Based on the results of the research, it was possible to describe the mechanism of shaping a supportive work environment during a pandemic.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

REFORM OF LEGAL REGULATION OF REMOTE WORK AS A STIMULATION FOR ENTREPRENEURSHIP DEVELOPMENT IN RUSSIA

2020 ◽  
pp. 136-143
Author(s):  
Maria A. Andrianova ◽  
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
High Quality ◽  
Quality Work ◽  
Entrepreneurship Development ◽  
Short Period ◽  
The World ◽  
Work Done ◽  
Usual Order

The pandemic has created many difficulties for entrepreneurs around the world, including in Russia. As you know, difficulties, disrupting the usual order, can give impetus for radical changes that would not have a chance to be realized in times of peace and prosperity. It seems that remote mode is not suitable for all forms of employment, but if initially the employer assumes such an opportunity, the main problem is not the lack of the ability to control the employee, but ensuring effective communication with him and the ability to timely obtain the results of high-quality work done. It is noted that this goal can be achieved with the help of greater detail in local regulations of the order and conditions of interaction between the employee and the employer. One of the most promising consequences of the pandemic has been the reform of the legal regulation of remote work. In a very short period of time, remote work in Russia from an unviable rudiment has become one of the most progressive institutions, which has every chance of making all labor law more flexible and effective. Such labor law will undoubtedly become one of the incentives for the development of entrepreneurship in Russia.

The Term «Computer Game»: The Experience of an Interdisciplinary Analysis

2021 ◽  
Author(s):  
A.A. Vasiliev ◽  
◽  
Yu.V. Pechatnova ◽  
Keyword(s):  
Video Game ◽  
Computer Games ◽  
Social Evolution ◽  
Computer Game ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Point Of View ◽  
Legal Analysis ◽  
New Variety

The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Advertising in Video Games: Legal Qualifications

2021 ◽  
pp. 41-47
Author(s):  
Irina Kiryshina
Keyword(s):  
Video Games ◽  
Computer Games ◽  
Legal Regulation ◽  
Product Placement ◽  
Point Of View ◽  
Science Literature ◽  
Legal Analysis ◽  
Online Game ◽  
Federal Law ◽  
To Receive

The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.

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