LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS

2021 ◽  
Vol 6 (9) ◽  
pp. 25-32
Author(s):  
Shokhsanam Islomqulova ◽  
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contracts ◽  
Labor Contract ◽  
Advantages And Disadvantages ◽  
Provision Of Services ◽  
The Republic ◽  
Civil Contract ◽  
Contract Labor

This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract

On the issue of re-qualification of a civil contract in the labor contract

2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Civil Contract ◽  
The Relationship

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

scholarly journals Features of the Commission of Fraud, Coupled with the Failure to Comply with the Provisions of a Civil Contract

2019 ◽  
Vol 12 (3) ◽  
pp. 69
Author(s):  
Togaibayeva S. S. ◽  
Yelyubayev M. S. ◽  
Aikumbeckov N. ◽  
Togaibayev A. I. ◽  
Khanov T. A.
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Republic ◽  
Fraudulent Activity ◽  
Contractual Obligations ◽  
The Moment ◽  
Objective Side ◽  
Civil Contract

The relevance of the study due to the need to consider the composition of a criminal offense in the form of fraud under the laws of the Republic of Kazakhstan. New market relations and insufficient legal regulation of certain aspects have expanded the offenders' ability to use the imperfections of legal norms for their own mercenary purposes. The difficulties arising in practical activities necessitate the clarification of controversial issues and the development of sound recommendations for the correct qualification and delimitation of fraud from other legal relations. Based on the study of practical examples of individual forms of fraud, the need for a differentiated approach to qualifications and the establishment of responsibility for fraud is indicated. The main content of the article is aimed at identifying and disclosing the basic concepts that determine the content of the considered offense and highlighting the main forms of deception that ensure the offender to achieve a criminal result. The objective and subjective characteristics of the composition of fraud are investigated, the features of establishing individual qualifying characteristics are considered. The main method of research used a comparative legal analysis of domestic legislation, used statistical data and the results of a survey of law enforcement officers. The article touches upon the problem of non-fulfillment of contractual obligations as a sign of fraud in the business sphere. Identified and investigated some signs of the objective side of fraudulent activity, in which as a cover for illegal actions, the use of civil law contracts that facilitate the commission of fraud is used. It justifies the conclusion that, taking into account the signs of the objective side, the moment of the end of fraud, coupled with non-fulfillment of contractual obligations, is different from the moment of the end of the usual fraud. Article materials may be valuable for practitioners of pre-trial investigations in terms of scientifically based proposals and recommendations on the qualification of typical fraudulent acts veiled under a civil law transaction.

scholarly journals Foreign Experience and Current Legal Prospects Related to the Termination of a Labor Contract on the Initiative of an Employee and Agreement of Parties

2019 ◽  
Vol 9 (1) ◽  
pp. 3232-3238 ◽  
Keyword(s):  
Great Britain ◽  
Labor Relations ◽  
International Standards ◽  
Legal Regulations ◽  
Legal Institution ◽  
Labor Contract ◽  
Foreign Experience ◽  
European Model ◽  
Foreign Countries ◽  
The Republic

This article studies foreign experience (France, Germany, Great Britain, USA, Japan, CIS) and current legal prospects related to the termination of the labor contract on the initiative of an employee and with the agreement of parties. The research analyzes the international standards and mechanisms in termination of the labor contract, legal regulations of termination of the labor contract on the initiative of an employee and with the agreement of parties in foreign countries. This legal institution is of great importance in the CIS, and it differs from the European model of contractual regulation of labor relations. The issues in the Republic of Uzbekistan dealing with a draft, amendment, termination of an employment contract have been investigated, and a number of proposals and recommendations to improve the legislation have been developed

scholarly journals ADMINISTRATIVE RESPONSIBILITY IN EMPLOYMENT SPHERE

2021 ◽  
Vol 1 (10) ◽  
pp. 49-55
Author(s):  
S. Poliarush ◽  
Keyword(s):  
Labor Relations ◽  
Practical Implementation ◽  
Collective Agreement ◽  
Labor Protection ◽  
Labor Contract ◽  
Financial Responsibility ◽  
Labor Legislation ◽  
Labor Service ◽  
Contract Labor ◽  
Administrative Responsibility

The article is devoted to the characteristics of administrative liability in the field of labor relations as a special type of legal liability. An attempt is made to take a comprehensive approach to the study of material and procedural norms of administrative liability in the field of labor relations. It is noted that the Labor Code of Ukraine prescribes in detail the disciplinary, material and financial responsibility. It is emphasized that the norms of administrative responsibility are contained in certain laws and the Code of Ukraine on Administrative Offenses. It is noted that the articles of the Code of Administrative Offenses devoted to the selected problem are scattered in separate chapters. The reason for this is that the norms were systematized according to two criteria: the sectoral affiliation of the offense and the object of the offense. It was found that the Code of Administrative Offenses contains articles directly related to such institutions of labor law as employment, collective agreement, labor contract, labor protection, labor disputes, control and supervision over compliance with labor legislation, labor migration. Most articles are devoted to liability for offenses in the field of labor protection. This legal institution has a cross-sectoral nature. Norms of the Code of Administrative Offenses on administrative liability in the field of labor protection can also be divided into universal and specific legal. Attention is paid to the practical implementation of certain articles of the Code of Administrative Offenses. In particular, the control and supervision proceedings are described in detail. The legal dilemma regarding the application of Art. 265 of the Labor Code of Ukraine and Art. 41 the Code of Ukraine on Administrative Offenses and on the fact of more complete normative maintenance of realization in practice of Art. 265 of the Labor Code of Ukraine, which determines the priority of the choice of sanctions by inspectors of the State Labor Service. It is pointed out that there is no special legislation that would prescribe the procedural issues of holding peaceful assemblies, however, administrative liability for violations of the latter exists in the Code of Administrative Offenses, which gives rise to the invalidity of some of its articles.

Problems of differentiation of labor and civil relations at the level of doctrine and regulatory practice

2020 ◽  
pp. 56-62
Author(s):  
Dmytro Kutomanov
Keyword(s):  
Labor Market ◽  
Labor Relations ◽  
Practical Importance ◽  
Civil Law ◽  
Labor Law ◽  
Point Of View ◽  
Main Body ◽  
Provision Of Services ◽  
Constitutional Right ◽  
Definition Of

Problem setting. The imperfection and obsolescence of national labor law raises a range of legal issues related to ensuring the proper implementation of the constitutional right to work and a number of social guarantees for workers’ rights. These problems include, in particular, the widespread practice of civil-law labor substitution, which is usually manifested through the conclusion of so-called civil-law contracts between the employer and the employee, rather than the proper design of relations in the manner prescribed by the Labor Code of Ukraine. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, OM Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the variety of means of departure from classical labor relations, the two most common types of registration of relations between the employer and the employee in the civil plane can be distinguished: 1) conclusion of a civil contract (provision of services, contract, employment agreement) with an individual; 2) concluding a civil (economic) contract with an individual entrepreneur. The main reasons for the emergence of the practice of changing labor relations in civil law should be recognized as follows: obsolescence of Labor Code of Ukraine, the concept of which does not fully correspond to the current realities of the labor market; the need to optimize the tax burden on employers; lack of definition of labor relations in the legislation. Existing attempts to combat these negative phenomena, in particular the bill proposed by the Ministry of Social Policy of Ukraine in 2019, raise many objections because they are unable to systematically resolve the problem of the “shadow labor market”. Conclusions. The problem of the distinction between labor and civil relations is of great theoretical and practical importance and needs to be addressed promptly at the legislative level, in particular through the consolidation in the legislation of a clear list of features of labor relations, as well as the definition of types of work, the relationships within which can be solved exclusively at the level. In this context, it is necessary to adopt a new Labor Code, the provisions of which will meet economic realities and current labor market conditions.

scholarly journals IMPACT OF THE SYSTEM OF CIVIL LAW CONTRACTS ON THE RECOGNITION OF LABOR RELATIONS BASED ON CIVIL LAW CONTRACTS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 105-111
Author(s):  
O. E. Sonin ◽  
A. S. Еlkina
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Civil Code ◽  
The Subject ◽  
The Russian Federation ◽  
Formal Requirements ◽  
Civil Contract

The article is devoted to the study of the problem of the influence of the system of civil contracts arising from the provisions of the current Civil Code of the Russian Federation on the solution of the issue of the possibility of recognizing labor relations based on civil contracts. It means that Art. 19.1 of the Labor Code of the Russian Federation, the possibility of recognizing a relationship as labor is determined by the circumstances established in it, including the listing of the parties to the civil contract and its subject. In such conditions, it seems necessary to resolve the issue of giving preference to substantive requirements (signs of labor relations enshrined in Article 15 of the Labor Code of the Russian Federation) or formal requirements established by the provisions of Part 1 of Art. 19.1 of the Labor Code of the Russian Federation. The conclusion is substantiated that the influence of the system of civil law contracts and the related terminology of the Civil Code, which determines the parties and the subject of such contracts, on the decision of the possibility of recognizing relations as labor should not be taken into account when applying the current edition of Art. 19.1 of the Labor Code of the Russian Federation, and this article itself needs to be changed.

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.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova
Keyword(s):  
Civil Law ◽  
Scientific Research ◽  
Civil Procedure ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
Depth Study ◽  
Civil Science ◽  
Substantive Law ◽  
The Relationship

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.

Analyzing the regional tax policy: The Republic of Dagestan case study

2021 ◽  
Vol 27 (6) ◽  
pp. 1312-1333
Author(s):  
Zarina G. ABAKAROVA ◽  
Patimat G. ISAEVА
Keyword(s):  
Systems Analysis ◽  
Tax Policy ◽  
Positive Impact ◽  
Economic Life ◽  
Economic Relations ◽  
Advantages And Disadvantages ◽  
Policy Objectives ◽  
The Republic ◽  
Case Study Methods

Subject. We consider the economic relations that arise in the process of formation and implementation of the regional tax policy. Objectives. The purpose is to analyze the regional tax policy considering the Republic of Dagestan as a case study. Methods. The study employs methods of statistical, economic and mathematical, and systems analysis. Results. We propose measures that may be implemented in the system of tax policy of the Republic of Dagestan and contribute to its improvement in conditions of financial instability. Nevertheless, these proposals require further attention, a deeper level of design and development of testing scheme. They may also be used to study the tax policy of the region. Conclusions. The comprehensive analysis shows that the tax policy and other approaches to the regulation of the economic life of the country have advantages and disadvantages. It is obvious that the application of these tools may have a positive impact on the economy.

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