LABOR RELATIONS AND PROTECTING THE MOTHERHOOD INSTITUTION: THE PRESENT INTERNATIONAL LEGAL STANDARDS

2018 ◽  
Vol 62 (1) ◽  
pp. 39-46
Author(s):  
Elena Nazymko ◽  
2020 ◽  
Vol 11 (4) ◽  
pp. 1080
Author(s):  
Samal K. ALIMKHANOVA

The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.


2005 ◽  
Author(s):  
Elizabeth McChrystal ◽  
Arthur Gutman

Author(s):  
Lesja Kosmii

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


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