scholarly journals SOCIAL AND LABOR CONFLICT MANAGEMENT: UKRAINIAN AND FOREIGN EXPERIENCE

2021 ◽  
pp. 91-97
Author(s):  
Nikita Nazarov
Keyword(s):  
Conflict Management ◽  
Labor Relations ◽  
Labor Disputes ◽  
Foreign Experience ◽  
Conflict Situations ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Economic Conflict ◽  
Labor Conflicts

The subject of study in the article is the process of socio-economic conflict management. The purpose of the work is to substantiate the theoretical provisions and methodological approaches in the management of labor conflicts as a form of social and labor relations based on Ukrainian and foreign experience. The following tasks are solved in the article: to investigate the essence and place of social and labor conflict in the system of social contradictions; provide a classification of conflicts in the social and labor sphere; to study the forms and methods of resolving social and labor conflicts: to analyze the success of conflict prevention in Ukrainian and foreign practice. The following methods are used: method of analysis and synthesis, classification-analytical method, abstract-logical method, historical-retrospective analysis and generalization. The following results were obtained: the concept of socio-economic conflict is clarified. The classification of conflicts is carried out, which gives an understanding of the nature and essence of conflict relations on the following grounds: the method of conflict resolution (antagonistic and compromise conflicts); spheres of conflict (political, social, economic, organizational conflicts); direction of impact (vertical and horizontal conflicts); degree of conflict confrontation (hidden and open conflicts); the number of participants in conflict interaction (intrapersonal, interpersonal, intergroup); needs (cognitive and interest conflicts). Structural and interpersonal methods for resolving conflict situations are defined. An analysis of the current state of resolution and prevention of labor conflicts in 2020 was conducted according to the National Service for Mediation and Reconciliation. Foreign experience in resolving labor disputes has proved the feasibility of developing the following ways to resolve labor disputes in Ukraine: with the help of special courts on labor and social security (sectoral justice); through civil proceedings in general courts; through conciliation and arbitration procedures. Conclusions: The analysis allowed to determine the essence of social and labor conflict as a form of social and labor relations at the micro, meso, and macro levels, which is manifested in the opposition of the subjects of the socio-economic sphere. Applying the gained world experience it is possible to reduce social tensions and to strengthen social and economic safety of the state. Keywords: brand; definition; branding; brand book; rebranding; stages.

About the Classification of Housing Legal Relationship to Regulatory and Protective

2021 ◽  
pp. 39-45
Author(s):  
A.V. Mil’kov ◽  
◽  
S. I. Mukhametova ◽  
Keyword(s):  
Research Methods ◽  
The Past ◽  
Legal Relationship ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
Goals And Objectives ◽  
Detailed Presentation

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.

ДИАГНОСТИКА ТРУДОВЫХ КОНФЛИКТОВ ПЕДАГОГОВ ДЕТСКО-ЮНОШЕСКИХ ЦЕНТРОВ

2020 ◽  
Vol 15 (3) ◽  
pp. 64
Author(s):  
М. С. Байнова ◽  
А. Г. Момот
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Further Education ◽  
Employment Relationship ◽  
Children And Youth ◽  
Potential Conflict ◽  
Conflict Situations ◽  
Youth Centers ◽  
Additional Education ◽  
Labor Conflicts

The article analyzes the confictological aspects in labor activities of teachers of additional education. The authors consider peculiarities of conflicts related to labor relations, working conditions. Further education organizations have features that distinguish them from schools and pre-school education institutions. The children's and youth centers are customer-oriented and more responsive to the pupil’s preferences. The study of labor conflicts is therefore relevant to additional education for children. Conflicts in education are well studied in terms of teacher-pupil relations. However, the employment relationship in education has features related to scheduling, feedback, motivation and stimulation. Survey and testing based on the methods of K. Thomas and R. Kilmann, and C. Spielberger (Yu. L. Khanina) and interviews with the staff of the center showed possible sources of conflicts in the process of organizing education in the children and youth center. Pay dissatisfaction, inadequate feedback, and off-schedule activities create internal tensions among employees. Pay dissatisfaction, inadequate feedback, and off-schedule activities create internal tensions among employees. Compromise and adaptation are the prevalent employee tactics. At the same time, some employees have high levels of anxiety. Thus, potential conflict situations develop in the team. Hidden conflicts can help reduce teacher loyalty to the organization. Based on the results of the study, the authors offer some recommendations for the diagnosis and prevention of conflicts in children's centers of further education

scholarly journals CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS

2020 ◽  
pp. 447-455
Author(s):  
І. А. Боровська
Keyword(s):  
Labor Relations ◽  
General Rule ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Material Component ◽  
Civil Proceedings ◽  
The Subject ◽  
Simplified Procedures ◽  
Component Property

The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings. The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations. It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent). The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes. Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure. Based on the results of the study, conclusions were drawn.

scholarly journals Arrangements of Employer-Labor Conflicts With Game Theory: Implementation of Islamic Ethic Value

ETIKONOMI ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Siti Najma ◽  
Ramadhan Razali ◽  
Harjoni Desky
Keyword(s):  
Game Theory ◽  
Cooperative Games ◽  
Strategic Behavior ◽  
Cooperative Game Theory ◽  
Labor Relations ◽  
Organizational Management ◽  
Ethical Values ◽  
Conflict Situations ◽  
Labor Relationship ◽  
Labor Conflicts

Employer-labor conflicts are sometimes eternal and challenging to solve. Game theory is one of the essential ideas in settling these conflicts. Furthermore, employer-labor interactions in conflict situations are strategic. In case the employer-labor relationship is non-cooperative, taking place only once, both parties are involved in a prisoner's dilemma situation. In cooperative game theory, the players work together to win the game. Organizational management needs to consider strategic behavior, built-in cooperative games, effective and efficient collaboration between workers and employers. This study examines employer-labor conflict resolution with game theory. It incorporates Islamic ethical values using qualitative research methods. Cooperative games built on employer-labor relations derive from the brotherhood principles (ukhuwah), justice ('adl), and goodness (ihsan) that maximizes cooperation and prevent conflicts.JEL Classification: C70, J01, Z12How to Cite:Najma, S., Ramadhan., & Desky, H. (2020). Arrangements of Employer-Labor Conflicts with Game Theory: Implementation of Islamic Ethic Value. Etikonomi: Jurnal Ekonomi, 19(2), xx – xx. https://doi.org/10.15408/etk.v19i2.15614.

CONFLICT MANAGEMENT IN INTERACTION BETWEEN GOVERNMENT AND PUBLIC

2017 ◽  
Author(s):  
Mykola Somych ◽  
◽  
Yuiiia Vakulenko ◽  
Liudmyla Horbatiuk ◽  
Yurii Kovryzko ◽  
...  
Keyword(s):  
Conflict Management ◽  
Local Governments ◽  
Conflicts Of Interest ◽  
Alternative Methods ◽  
Personal Interest ◽  
Public Authorities ◽  
Conflict Situations ◽  
Legitimate Interests ◽  
System Of Parameters ◽  
Political Economic

The article summarizes the theoretical principles of defining the concept of «mechanism», «conflict management mechanism». The main types of conflicts according to the Law of Ukraine «On Civil Service» are clarified: official disputes and conflicts of interest – a situation in which the personal interest of a civil servant affects or may affect the objective performance of his duties and in which there is or may occur contradictions between the personal interest of the employee and the legitimate interests of citizens, organizations, society. The main types of conflict management mechanisms are identified: organizational, legal and socio-psychological, taking into account objective and subjective factors, which covers a system of parameters, sequential actions, a set of methods and measures of socio- psychological nature. The causes of conflict situations in the interaction of public authorities and the public are substantiated: objective (social, political, economic, ideological factors) and subjective (derived from objective). Conflict fields of contradictions that arise in the process of interaction are depicted: legislative principles, political sphere, personnel policy, undemocratic worldview of managers, economic competence. The analysis of the main conflict fields of contradictions of local governments of Poltava region is carried out. New, alternative methods of conflict resolution have been formed: competition, adaptation, compromise, avoidance, cooperation, their general characteristics have been determined. Officials were invited to use the open conversation technique in order to reach a compromise.

Stimulating the Development of "Greening" of Ukrainian Industry

2021 ◽  
pp. 55-67
Author(s):  
Ella Sheludko ◽  
◽  
Mariia Zavgorodnia ◽  
Keyword(s):  
Public Policy ◽  
Large Scale ◽  
Industrial Enterprises ◽  
Valuation Method ◽  
Circular Model ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Modern Economic ◽  
The Relationship ◽  
Further Development

The object of this study is the further development of eco-innovations for the rise of industry and the economy. Emphasis is placed on the growing relevance of "green" incentives in line with climate challenges, the economical use of natural resources, as well as the need for a systematic vision of environmental issues and the implementation of international requirements. The study is based on the work of foreign scientists, international rankings and world best practices for the introduction of modern economic mechanisms of state incentives for greening the economy, green modernization, the transition to a circular model of the economy. There is a difference in the implementation of environmental policy - some local projects in Ukraine and the European approach - with the assessment of eco-innovation, systemic change, the formation of ecosystems, scaling technological solutions. The main methods used in the study are: methods of system-structural analysis, analysis and synthesis, grouping - for preliminary analysis and selection of appropriate tools in the study of the implementation of eco-innovation in Ukraine and EU countries; index valuation method and method of comparative analysis - used in the analysis of public policy to stimulate the company to "green" growth; abstract-logical method - used to establish the relationship between the need to introduce new instruments of public policy in the environmental sphere with elements of large-scale reform in the context of climate modernization of industry and to form a systematic vision of major achievements in implementing international requirements for eco-modernization of industrial enterprises. The paper analyzes the forms of international assistance that can compensate for the lack of available financial resources for the purposes of green modernization of the economy in conditions of limited financial capabilities of the state, intensification of competition for European and international environmental investments. The obtained result - a set of possible tools to stimulate Ukrainian industry - allows more systematic implementation of "greening" of Ukrainian industry, and their implementation and combination in a specific mechanism will determine the success of an industrial socially-oriented economy.

scholarly journals THE INSTITUTIONAL NATURE OF ECONOMIC INTERESTS OF THE SUBJECTS OF LOGISTICS CHAINS OF COMMODITY MARKETS

2019 ◽  
Vol 21 (4(73)) ◽  
pp. 8-21
Author(s):  
B.V. BURKYNSKYI ◽  
O.V. NIKISHYNA
Keyword(s):  
Scientific Basis ◽  
Commodity Markets ◽  
Common Interest ◽  
Commodity Market ◽  
Economic Interests ◽  
Trade Offs ◽  
Logical Method ◽  
Tiered System ◽  
New Research

Topicality. Determination of the nature, internal content, types and contradictions of economic interests of the subjects of the logistics chains of commodity markets is essential for their effective functioning in the system of the national economy. In the process of logistical interactions, market entities form a tiered system of links based on economic partnerships and trade-offs. This helps to balance the economic interests and to form a common interest in the integrated chain. The economic interests of market chains` subjects will have been emerging, interacting and realizing in the institutional system of the market, which necessitates new research into the institutional nature of interests. Aim and tasks. The purpose of the article is to substantiate the institutional nature of the economic interests of the subjects of the logistics chains of commodity markets and the typology of the main contradictions between them, as a scientific basis for development the mechanisms for balancing interests of market chains` subjects. During the research the following methods were used:dialectical, theoretical generalization and comparison, graphical, structural-logical method. Research results. In the context of institutional theory, the essence and nature of economic interests of the subjects of logistics chains of commodity markets were substantiated by the authors. The main stages of the formation of economic l interests with the emphasis on their institutionalization, namely transformation into the norm of rational behavior in the commodity market were determined. The substantive characteristics of the economic interests of the entities in the logistics chains, which reveal their institutional nature, were generalized. It is emphasized that in Ukraine there is a partial realization of the economic interests of the state, consumers, small and medium-sized entities, while corporate structures and international associations generally receive full realization of interests in commodity market chains. The classification of economic interests of subjects of market logistics chains by subject and institutional characteristics has been further developed. The authors have developed a typology of contradictions of economic interests in internal and external dimension and substantiated the essence of the main types of contradictions. Conclusion. The scientific novelty of the research is the development of the theoretical foundations of market logistics in the part of substantiation of the institutional nature of economic interests of subjects of logistics chains of commodity markets, the development of classification of economic interests, the development of typology of the main internal and external contradictions of participants of logistics chains. The applied value of the obtained results is determined by the possibility of their use by different institutions as a scientific basis for the development of methodological bases for assessing the level of contradictions of interests of market chains` subjects, as well as new mechanisms for balancing economic interests, in particular institutional ones.

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.

scholarly journals THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)

2019 ◽  
Vol 23 (1) ◽  
pp. 48-61
Author(s):  
Valeriy P Ivanskiy ◽  
Sergey I Kovalev
Keyword(s):  
Point Of View ◽  
Legal Knowledge ◽  
Scientific Rationality ◽  
Clear Trend ◽  
Legal Studies ◽  
Legal Science ◽  
Analysis And Synthesis ◽  
Legal Thinking ◽  
Legal Rationality

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.

scholarly journals THE CIVIL LAW NATURE OF ELECTRONIC MONEY

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Liudmyla Panova ◽  
Vitalii Makhinchuk
Keyword(s):  
Practical Implication ◽  
Comparative Method ◽  
Civil Law ◽  
Synthesis Method ◽  
Electronic Money ◽  
Holistic View ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Definition Of ◽  
The Right

The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.

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