scholarly journals Labor relations in family farms: certain aspects of legal regulation

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Novak Tamara ◽  

The article is devoted to the study of the current state of legal regulation of labor relations in family farms, analysis of legislative novelties and highlighting the main shortcomings in this area with the formulation of proposals for their elimination. It is established that the main directions of improving the regulation of labor relations of members of family farms should be: finalization of the provisions of the «Model agreement (declaration) on the establishment of a family farm» in terms of regulation of labor relations of members of such farms, and the lifting of restrictions on the use of family farms by employees without the loss of family status by such farms. Particular attention is paid to the problem of establishing as one of the conditions for family farms to receive additional financial support through the mechanism of additional payment in favor of insured persons – members / heads of family farms of a single contribution to compulsory state social insurance of absence of employees in such farms. It is proposed to abolish such a condition and, conversely, to compensate part of the SSC not only for the head / members of family farms, but also for employees of such farms in order to stimulate job creation, increase production in family farms. Keywords: state support, employee, legal regulation, labor, family farm, employment contract, labor relations, farm, member of the farm

Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.


2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Novak Tamara ◽  
◽  
Melnyk Viktoriia ◽  

The article analyzes the problems of the current state of legal regulation of labor relations in agricultural cooperatives. Prospects for the settlement of these relations in the context of labor reform and updating of agricultural legislation are investigated. According to the results of the study, a conclusion was made about the low degree of regulation of agrarian labor relations in agricultural cooperatives by the norms of agrarian law. It is determined that in the existing drafts of the Labor Code in terms of settlement of the studied relations a prominent place is given to the local level, which again brings us back to the problem of low level of labor relations with members of agricultural cooperatives by local acts. It is established that based on the provisions of the Law of Ukraine «On Agricultural Cooperation» dated 21.07.2020 № 819-IX the most acceptable way of legal registration of labor participation of members of agricultural cooperatives, will be the conclusion of employment contracts with such persons. It is stated that the abolition of mandatory labor participation of members of the cooperative in its activities and the complexity of regulating such relations in the future may lead to the spread of the practice of not establishing this condition in the statutes of such entities. It is proposed to develop a bylaw that would regulate the method and procedure for registration of relations on labor participation of members of the cooperative in its activities, determine the characteristics of the work of members of the cooperative. A proposal was made to include in the Law of Ukraine «On Agricultural Cooperation» № 819-IX norms on the peculiarities of the regulation of labor relations in agricultural cooperatives. Keywords: agrarian labor relations, cooperative, legal regulation, labor in agriculture, agricultural cooperative, labor relations, membership


JURIST ◽  
2021 ◽  
Vol 2 ◽  
pp. 63-68
Author(s):  
Dmitriy A. Berezin ◽  
◽  
Zhanna A. Levandovskaya ◽  

The article, in accordance with general and special legislative provisions, examines the legal regulation of compulsory social insurance against industrial accidents and occupational diseases of citizens who are in labor relations with an employer, as well as individual cases not recognized as insurance.


2020 ◽  
Vol 210 ◽  
pp. 18100
Author(s):  
Tatyana Moskaleva

The purpose of this study is to identify the dependence of the impact of the pandemic on changes in the regulation of labor relations in the educational sector. At present, serious changes have taken place not only in our country, but also in the world community as a whole. This is primarily due to the spread of the coronavirus pandemic, which has affected all areas of society. The educational process is no exception. The coronavirus pandemic has triggered a transformation of the educational process, at all levels. In the past year, this term has become one of the most widely used terms to describe the current state of the world that affects areas of society. The consequences of the pandemic are felt everywhere, it is a real phenomenon. Today, we can talk about the impact of the pandemic on economic, political, cultural, and international relations, which extends beyond any traditional borders. Changes in these areas are common to all States. Understanding the nature and direction of this phenomenon can help to form new principles of interaction between individual segments of society, as well as between community and the state.


2020 ◽  
Vol 210 ◽  
pp. 18031
Author(s):  
Tatyana Moskaleva

The purpose of this study is to identify the dependence of the impact of the pandemic on changes in the regulation of labor relations in the educational sector. At present, serious changes have taken place not only in our country, but also in the world community as a whole. This is primarily due to the spread of the coronavirus pandemic, which has affected all areas of society. The educational process is no exception. The coronavirus pandemic has triggered a transformation of the educational process, at all levels. In the past year, this term has become one of the most widely used terms to describe the current state of the world that affects areas of society. The consequences of the pandemic are felt everywhere, it is a real phenomenon. Today, we can talk about the impact of the pandemic on economic, political, cultural, and international relations, which extends beyond any traditional borders. Changes in these areas are common to all states. Understanding the nature and direction of this phenomenon can help to form new principles of interaction between individual segments of society, as well as between community and the state.


Author(s):  
Yuliya Chernenilova

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.


2021 ◽  
pp. 11-22
Author(s):  
Galina Andreeva ◽  

This review summarizes the statements of Russian scientists about the current state of scientific development of issues of legal regulation of AI, the complexities of the problems facing scientists and the assessment of the proposed ways to solve them in the most important aspects of legal regulation of AI.


2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.


Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  

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.


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