scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals Social partnership as an imperative of socio-economic development of Ukraine

2021 ◽  
pp. 8
Author(s):  
Nataliіa Spasiv ◽  
Galyna Kulyna ◽  
Nаdiya Lubkey
Keyword(s):  
Economic Development ◽  
Social Responsibility ◽  
Social Problems ◽  
Economic Incentives ◽  
The State ◽  
Successful Implementation ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Socio Economic Development

Introduction. An important prerequisite for the successful implementation of the social state concept in the country is the effective development of social partnership. Firstly, within the framework of partnership interaction of social subjects the social dialogue is provided, secondly, the social responsibility of business structures and financial institutions is activated, and thirdly, certain social problems and conflicts are leveled. Therefore, the issue of activation of social partnership in Ukraine as an attribute of a developed state and the introduction of an effective mechanism for its development is one of the primary ones, requiring special attention and determination of the ways of solution.Purpose. The goal of the research is to outline the role of social partnership in ensuring the social and economic progress of the state and to outline the practice and problems of its implementation in Ukraine.Methods. Research is based on the dialectical method of scientific knowledge and a systematic approach to the study of the ideology of social partnership and its role in socio-economic development of the state, using the methods of scientific abstractions and analogies, analysis and synthesis.Results. The nature of social partnership is considered and the main arguments and conditions that ensure its existence in the state are defined. The key tasks that are achieved through the effective implementation of the mechanism of partnership interaction in terms of solving a number of social problems and ensuring socio-economic development of the state are highlighted. The index of social development of countries of the world is investigated and the place of Ukraine in the global social space is analyzed. The most important social problems that have arisen in the domestic social sphere and the features of the current system of social partnership have been identified. The necessity of the development of social responsibility in corporate management, social dialogue and the use of economic incentives for the activation of entrepreneurship to ensure the priorities of socio-economic growth of the state has been argued. Prospects. Further research is important to focus on improving the effectiveness of social responsibility management of business as a condition for enhancing its competitiveness and ensuring sustainable development.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

The Trajectory of Development of Social Partnership

2021 ◽  
Vol 65 (2) ◽  
pp. 117-124
Author(s):  
A. Fedchenko ◽  
E. Dashkova ◽  
N. Dorokhova
Keyword(s):  
Russian Federation ◽  
Trade Union ◽  
Labor Relations ◽  
Local Level ◽  
Organizational Level ◽  
Collective Agreement ◽  
Social Partnership ◽  
The Social ◽  
The Russian Federation ◽  
Collective Contract

Profound changes in the social and labor sphere are followed by both emergence of the new opportunities associated with the development of flexible forms of employment, expansion of opportunities for employment, humanization and digitization of work, and the emergence of new threats: the occurrence of such phenomena as employment preсarization, growth of the informal components in the labor relations, distribution of practice of bringing the labor relations to the civil legal area, and so on. As a result, controversies between the main participants of the social and labor relations grow. An effective and worldwide recognized mechanism of resolving them is the social partnership which has the deep historical roots going back to outstanding thinkers of antiquity. During later historical periods the ideas of social partnership gained development in the works of domestic and foreign scientists, public and statesmen. In the Russian Federation social partnership has the specific trajectory of development which has developed under the influence of both historical and modern factors. The carried-out analysis allowed to reveal the following problems of formation and development of the social partnership system in the Russian Federation: sociocultural features, weakness of the trade-union movement, development of non-standard forms of employment, differentiation of the income of the population, low interest of the government. The designated problems which are slowing down the process of transition of the social and labor relations to partner type are manifested both on federal, and on regional levels. To research the extent of development of collective contract regulation and identification of the problems which take place in the system of social partnership at the local level sociological survey of workers of a number of the Russian organizations was performed. As a result, it was found that collective contract regulation of the social and labor relations in the Russian Federation at the local level demands improvement. The main problems of system of social partnership at the local level are: weak knowledge of trade-union members concerning the activity of those organizations, especially at the sectoral, regional, and territorial levels; unwillingness to resolve the issues of social and labor regulation at the organizational level without governmental support and lack of the developed practice of conducting collective negotiations; passivity and weak motivation of trade-union members in protection of their labor rights; weak feasibility of practical implementation of the collective agreement provisions. The results of the theoretical and empirical researches allow to predict the trajectory of further development of social partnership consisting in strengthening of the social component due to the extension of the database concerning the problems of the social partners.

Social Partnership

2019 ◽  
pp. 51-76
Keyword(s):  
The State ◽  
Power Sharing ◽  
Financial Instability ◽  
Political Regimes ◽  
Social Partnership ◽  
State Time ◽  
Social Dialogue ◽  
Social Partnerships ◽  
Political Governance ◽  
Multiple Actors

Social partnership is a dynamic construction tailored to the context of globalization, the state, time, society, and culture. Snapshots of the experiences of regions and countries globally with modalities of social partnership arrangements are discussed. Further, global reflections on the contexts from which social partnerships were forged—economic chaos and recovery, weak political governance capacities, fractured political regimes, financial instability and governance responses, such as the institutionalization of social dialogue and social partnerships as prerequisites for European accession—are highlighted. Social partnership becomes the outcome of adjustments made by governments, sometimes reluctantly, in power-sharing arrangements, incorporating multiple actors and stakeholders in the way societies are reorganized, to respond and treat with destabilizing forces in the struggle for self-preservation. The chapter concludes around the value and benefits of social partnership as well as some recommendations for effective social dialogue arrangements.

German pacts for employment and competitiveness Concessionary bargaining as a reaction to globalisation and European integration?

2005 ◽  
Vol 11 (1) ◽  
pp. 026-044 ◽  
Author(s):  
Heiko Massa-Wirth ◽  
Hartmut Seifert
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Institutional Factors ◽  
Collective Agreement ◽  
Work Organisation ◽  
Social Partnership ◽  
The Social ◽  
Social Partners ◽  
Time Work ◽  
Works Council

This contribution deals with company-level pacts for employment and competitiveness (PECs) under the German collective bargaining system. Due to the introduction of collectively agreed opening clauses and the associated decentralisation of the collective bargaining system, the social partners at the company level now have greater opportunities to negotiate company-specific adjustments in the areas of compensation and working conditions. Currently, in return for – generally fixed-term – employer guarantees concerning location and job preservation, PECs have been negotiated in about one in four companies with a works council. The new ‘pacts’ increase internal flexibility in the firm by extending the leeway for a flexible adjustment of working time, work organisation and remuneration. A survey of works councils, conducted by the WSI, provides understanding of the economic and institutional factors which influence the spread and composition of these concessionary agreements. Alongside a commitment to social partnership on the management side, the presence of a sectoral collective agreement is an important prerequisite for ensuring, first of all, that the employer agrees to employment guarantees in exchange for the employee concessions and, secondly, that these management pledges are actually observed in practice.

Current Problems Faced by Russia in the State-Legal Policy in Social Partnership in the Labor Field

2019 ◽  
Vol 9 (5) ◽  
pp. 1564
Author(s):  
Nataliya Anatolyevna BAIEVA ◽  
Dmitriy Olegovich BURKIN ◽  
Tatyana Fedorovna VYSHESLAVOVA ◽  
Svetlana Alekseevna LUKINOVA
Keyword(s):  
Sustainable Development ◽  
The State ◽  
Legal Policy ◽  
The Sustainable Development ◽  
Social Partnership ◽  
Current State ◽  
The Social ◽  
Stavropol Region ◽  
Collective Negotiations ◽  
Social Labor

In this article, the authors consider the basics of Russia’s current state-legal policy pursued in the field of social partnership, analyze basic international legal and national statutory and legal acts, which regulate social partnership in the labor field. The authors reveal the social and legal significance of social partnership between employees and employers for the benefit of the sustainable development of the society’s economy, problems related to the establishment and implementation of Russia’s state-legal policy in the modern conditions. The article puts a special emphasis on the analysis of peculiarities related to the development of laws in the constituent entities of Russia on social partnership in the field of social labor on the example of statutory acts adopted in the Stavropol region. In addition, the authors pay sufficient attention to bringing to light the principles of social partnership in the labor field and its primary forms (collective negotiations over the signing of collective contracts and agreements). The article reveals problems that Russia currently faces in pursuing the social partnership policy in the laborfield and substantiates proposals for solving them.

scholarly journals Political and Legal Aspects of the Establishment of Legislative (Representative) Government Authorities of a Constituent Entity of a Federation: Issues and Prospects

2020 ◽  
Vol 10 ◽  
pp. 3-6
Author(s):  
Maria I. Rosenko ◽  
◽  
Sergey A. Zaporozhets ◽  
Viktor A. Protsevskiy ◽  
◽  
...  
Keyword(s):  
Party System ◽  
Social Process ◽  
Electoral System ◽  
Legal Aspects ◽  
The State ◽  
Small Areas ◽  
Advantages And Disadvantages ◽  
Political Preferences ◽  
The People ◽  
The Social

The article examines the problems of coordination and reflection of political preferences of social groups, the criteria for choosing the type of electoral system and its role in the formation of a legislative (representative) body of state power, advantages and disadvantages, possible consequences of the introduction of a two-party and multi-party system in small areas, it is noted that the ability of the state to change depends on its viability, adequacy of the social process, the ability to form a real unity of interests and goals of the state and the people.

scholarly journals Agreements in Construction: The Past, the Present, the Future

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 11-16
Author(s):  
Oleg V. Makarov ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Theoretical Development ◽  
Economic Factors ◽  
Legal Regime ◽  
The Past ◽  
The Future ◽  
Contractual Relations ◽  
Socio Economic Factors

Taking into account the historical and legal aspects, the article examines the current problems of improving the system of contractual relations of construction activities. The doctrine’s lack of attention to the study of contractual relations on construction, taking into account the combination of socio-economic factors and trends in the development of civil and legal regulation, has been revealed. The theoretical development of the problems of unification and differentiation of contractual relations on construction taking into account the specifics of construction and installation works was noted. The improvement of the civil-legal regime of contractual construction activities is seen in the adoption of the consolidation act.

scholarly journals ESSENCE OF SOCIAL INSURANCE, ITS ROLE AND PLACE IN THE SYSTEM OF SOCIAL PROTECTION OF THE POPULATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  
Keyword(s):  
Public Relations ◽  
Social Insurance ◽  
Social Protection ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Vulnerable Groups ◽  
The Social ◽  
The Creation ◽  
The Individual

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.

Sign in / Sign up

Export Citation Format

Share Document