scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

PROBLEMS OF LEGAL REGULATION OF BUSINESS PROCESSES: EXPERIENCE OF REMOTE WORK IN RUSSIA

2020 ◽  
pp. 22-29
Author(s):  
Maria A. Andrianova ◽  
Keyword(s):  
Business Processes ◽  
New Technologies ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Law Reform ◽  
Remote Work ◽  
Development Trends ◽  
Clear Tendency ◽  
Wide Range

This article investigates the current legislation and practice of the remote work application, recent changes in the sphere, as well as development trends in the remote work regulation, taking into account the changing needs of the population. Labor law in Russia is expected to change in order to make this sphere more effective and attractive to all of the participants of the labor relations. Legal regulation of the remote work in Russia is perceived as an optimistic sce-nario of the labor law reform in Russia. Business has long been interested in using this tool, but the lack of skills in new technologies among a wide range of employees and the inertia of the current legislation hindered the process. Currently, there is a clear tendency to overcome all the indicated obstacles to the widespread use of remote work in Russia.

ADMINISTRATIVE AND LEGAL PRECONDITIONS OF THE STATE POLICY IN THE SPHERE OF LABOR

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Social Relations ◽  
State Policy ◽  
Labor Relations ◽  
Legal Regulation ◽  
The State ◽  
Material Base ◽  
Public Authorities ◽  
Important Place ◽  
Legal Provisions ◽  
Wide Range

Modern approaches in the explanation of Ukrainian state policy in the field of labor, as a rule, are based on the constitutional principles and normative-legal acts, regulating a wide range of social and labor relations. The available arsenal of explanations of state policy has different in content interpretations, with the help of which means and goals, aimed at the implementation of state tasks, which are complex in nature and require legal regulation, are denoted. Among the political, economic and social prerequisites for the formation and implementation of state policy, an important place belongs to the justification of the authoritative nature of state activity aimed at the regulation of social relations, among which should be highlighted relations in the field of labor. The essence of state power to implement tasks in the field of labor reveals not only the socio-political significance, but also indicates the presence of administrative and legal filling of certain provisions of legal regulation of social and labor relations, closely related to employment and employment employment of the population, its participation in the creation of the national material base, which is the basis of the social welfare of the population. Political decisions of the state in the field of labor are carried out by public authorities, which use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions requiring the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

A Modern Vision of Methodological Approaches in Regulation of Labor Relations

2019 ◽  
Vol 10 (7) ◽  
pp. 2070
Author(s):  
Oleksii I. OSTAPENKO ◽  
Leonid O. OSTAPENKO ◽  
Oleksandra L. KHYTRA ◽  
Maryana TSVOK ◽  
Solomia VASYLIV
Keyword(s):  
Scientific Knowledge ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Practical Activity ◽  
Modern Development ◽  
The World ◽  
Methods And Techniques ◽  
Methodological Approaches ◽  
Modern Vision

Legal relations in labor activity are constantly undergoing reform in Ukrainian legislation. The reason for the reform can be considered the imperfection and instability of labor relations. These factors indicate the need to study legal relations in labor activities and understand the methodological approaches and the justification for reforming legislation. Based on the use of both general theoretical and branch scientific provisions, in particular labor law, it has been proposed in this research to develop main fundamental approaches to the methodology of legal regulation of labor relations in the context of modern development of Ukraine. The study revealed that the methods, methods and techniques used in the scientific knowledge of labor phenomena are interconnected and contribute to the formation of labor relations in the world of work. Conclusions are made regarding the nature and effectiveness of methodological approaches, their relationship with the principles of theoretical and practical activity of subjects of labor relations.  

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

scholarly journals Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

2020 ◽  
pp. 177-181
Author(s):  
Lyudmila Vakaryuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
State Regulation ◽  
Coherent System ◽  
Legal Regime ◽  
Work Activity ◽  
Legal Remedies ◽  
Legal Regimes ◽  
Rights And Interests

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes. It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task. It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.

scholarly journals SUBSIDIARY APPLICATION OF LEGAL NORMS: CIVIL STUDIES

2021 ◽  
pp. 44-52
Author(s):  
Надежда Николаевна Тарусина
Keyword(s):  
Conflict Resolution ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
The Other ◽  
Legal Norms ◽  
Social Principle ◽  
Judicial Lawmaking ◽  
Systemic Nature

Субсидиарное применение правовых норм является одной из технологий усмотренческой деятельности суда и других компетентных субъектов - наряду с конкретизацией норм и правоотношений, аналогией права и закона, разрешением коллизии и судебным правотворчеством. В отличие от аналогии, необходимость в которой возникает в связи с пробелом в законодательстве, означенный вид деятельности обусловлен системным характером связей между отраслями права и целесообразностью экономии нормативно-правового материала. В пространстве цивилистики взаимодействие трех отраслей (гражданского, семейного и трудового права) по линии субсидиарности осуществляется в основном с акцентом на использование гражданско-правовых конструкций для двух других цивилистических блоков. Это обусловлено как характером «генетических» связей между указанными тремя отраслями законодательства, так и ключевыми позициями гражданского права в цивилистической семье в настоящее время. Однако субсидиарное воздействие последнего существенно ограничивается онтологическими характеристиками семейных и трудовых отношений и присутствием в методах их правового регулирования ярко выраженной публичной компоненты, социального начала. Приводятся наиболее яркие образцы взаимного обогащения нормативным материалом на основе технологии субсидиарности - при очевидном доминировании предложений со стороны гражданского законодательства Subsidiary application of legal norms is one of the technologies of the judgmental activity of the court and other competent subjects - along with the specification of norms and legal relations, the analogy of law and law, conflict resolution and judicial lawmaking. In contrast to the analogy, the need for which arises in connection with a gap in legislation, this type of activity is due to the systemic nature of the links between branches of law and the expediency of saving regulatory material. In contrast to the analogy, the need for which arises in connection with a gap in legislation, this type of activity is due to the systemic nature of the links between branches of law and the expediency of saving regulatory material. In the space of civil law, the interaction of three branches (civil, family and labor law) along the line of subsidiarity is carried out mainly with an emphasis on the use of civil law structures for the other two civil law blocks. This is due to both the nature of the «genetic» links between these three branches of legislation, and the key positions of civil law in the civil law family at the present time. However, the subsidiary impact of the latter is significantly limited by the ontological characteristics of family and labor relations and the presence in the methods of their legal regulation of a pronounced public component, social principle. The most striking examples of mutual enrichment with normative material based on the technology of subsidiarity are given - with the obvious dominance of proposals from civil legislation.

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