scholarly journals Historical and Legal Preconditions for the Origin of Local Legal Regulation of Labor Legal Relations in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 77-83
Author(s):  
V. V. Sychova
Keyword(s):  
Roman Empire ◽  
Labor Relations ◽  
Legal Regulation ◽  
Russian Empire ◽  
Historical Period ◽  
Local Rule ◽  
Local Regulation ◽  
Active Rule ◽  
The Russian Empire ◽  
Rule Making

Based on the analysis of scientific views of scholars, the author has studied the historical and legal preconditions for the origin of local legal regulation of labor legal relations in Ukraine. It has been noted that the foundations of legal regulation of labor legal relations were laid during the existence of the Roman Empire. Despite the fact that this historical period is characterized by a slave-owning type of economy, we can still talk about the existence of legal regulation of labor at that time. It has been emphasized that an important stage in the development of local regulation of labor relations in Ukraine is the period of Kievan Rus (late IX – mid XIII century), which is characterized by the fact that the legal regulation of labor relations was mainly limited to the issuance of orders by the prince. It has been established that there were no significant changes in the legal regulation of labor relations after the disintegration of Kievan Rus: there were employees in the civil service, who carried out their activities on a contractual basis, and centralized regulation was carried out by the princes of the respective lands. The author has revealed the content of a number of normative and legal acts of the Russian Empire, the norms of which were aimed at regulating labor legal relations. It has been found out that the period of 1861-1917 was characterized by active rule-making activities of the state to regulate labor relations, the adoption of a large number of laws and regulatory acts that were designed to regulate labor relations. It has been emphasized that an important achievement of that period was the expansion of the rights of authorized entities in regard to local rule-making activity. It has been stated that the first legislative foundations were laid at that time in order to implement local legal regulation of labor legal relations.

Convicts’ labor organization processes in the Russian Empire in the heyday of absolutism (XVIIIth century): the Historical and legal aspect

2019 ◽  
pp. 139-144
Author(s):  
Алексей Владимирович Родионов ◽  
Елена Владимировна Емельянова
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
Russian Empire ◽  
Historical Period ◽  
Labor Organization ◽  
Legal Doctrine ◽  
The Enlightenment ◽  
Low Efficiency ◽  
The Russian Empire ◽  
Rule Making

В статье приведены результаты историко-правового исследования процессов организации труда осужденных в Российской империи в период расцвета абсолютизма. Определены некоторые особенности законодательства, регулировавшего привлечение осужденных к труду на вновь присоединенных территориях Малороссии. Проанализированы нормы уголовного и уголовно-исполнительного законодательства, определявшие особенности привлечения осужденных к труду. Исследованы предпосылки формирования гуманистической правовой доктрины, определившей существенную либерализацию отечественного уголовно-исполнительного законодательства исследуемого периода. Определено существенное влияние прогрессивных политических и правовых учений европейских мыслителей эпохи Просвещения на процессы отечественного нормотворчества. Выявлены причины низкой эффективности применения ряда законодательных актов, определявших особенности организации труда осужденных. Проанализированы социально-экономические предпосылки, определявшие направления развития отечественного уголовного и уголовно-исполнительного законодательства изучаемого исторического периоду. The article presents the results of historical and legal research of convicts’ labor organization processes in the Russian Empire in the heyday of absolutism. Were identified some features of legal regulation of convicts’ involvement work in the newly annexed territories of Malorossia. Were analyzed the norms of criminal and criminal-executive legislation, that defined features of convicts’ involvement to work. The prerequisites for the formation of the humanistic legal doctrine, which determined the significant liberalization of the domestic criminal-executive legislation of the studied period, were investigated. The significant influence of progressive political and legal doctrines of European thinkers of the enlightenment on the processes of domestic rule-making was determined. The reasons of low efficiency of application of a number of the legislative acts defining features of the organization of work of convicts were revealed. The socio-economic conditions that determined the directions of development of the domestic criminal and criminal-executive legislation of the studied historical period were analyzed.

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

scholarly journals TYPES OF LOCAL LEGAL PRINCIPLES OCCUPATIONAL HEALTH AND SAFETY REGULATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 233-243
Author(s):  
О. С. Вареник
Keyword(s):  
National Level ◽  
Professional Knowledge ◽  
Health And Safety ◽  
Legal Regulation ◽  
Labor Protection ◽  
Negative Consequences ◽  
Local Rule ◽  
Local Regulation ◽  
Definition Of ◽  
Rule Making

Local regulation of labor protection is carried out at each enterprise, organization or institution separately. As a result, the subjects of local rule-making have their own ideas about the quality of local regulations, how to draw up such an act and how to teach local law. At the same time, approaches to local regulation of labor protection may differ even within a large enterprise, and even more so at the regional or national level during the creation of collective agreements. The quality and efficiency of local regulation of labor protection depends on the number of accidents at the entrepreneur, safety for members of the workforce and the general population. At the same time, the formation of local regulations can be influenced by completely subjective factors regarding the style of speech, as well as the presence of deep professional knowledge on the topic of labor protection. It is clear that chaos in the understanding of local legal regulation of labor protection increases the likelihood of negative consequences. Today, the legislative definition of uniform requirements for local regulation procedures and the content of local labor protection acts is not provided, and therefore it is important to establish and disseminate among the subjects of local regulation common and easy to understand principles of local labor protection regulation. The article analyzes the practices and legislation on local regulation and establishes which principles apply to labor protection. It is important to derive a classification of such principles, as it will simplify their organization, illustrate the connection and place in legal regulation, interaction with centralized regulation, as well as emphasize the autonomy of local regulation of labor protection. The analysis of the content of the principles of local legal regulation of labor protection provided an opportunity to determine their essence, features of implementation, to clarify their procedural or material nature and systemic action. It is concluded that the principles of local legal regulation of labor protection are all interdependent and non-compliance with at least one of them will lead to the illegality of the local legal act. It is established that the principles combine both legal requirements and requirements of organizational, technical and economic nature. The problem is to convey the content of such principles to the subjects of local rule-making, as many of them do not have special professional knowledge. In addition, it is necessary to create more effective mechanisms for control and monitoring of compliance with the principles during the development and implementation of local regulations on labor protection.

scholarly journals Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

scholarly journals The Historical Stages of the Resettlement of Germans in Ukraine

2020 ◽  
pp. 92-106
Author(s):  
A. Kudryachenko
Keyword(s):  
Roman Empire ◽  
Black Sea ◽  
National Development ◽  
Russian Empire ◽  
Sea Of Azov ◽  
The South ◽  
Soviet Government ◽  
The Sea Of Azov ◽  
History Of ◽  
The Russian Empire

The article analyzes the three stages of the migration of the German ethnic group into the territory of modern Ukraine, different in nature, character and orientation, and their features are clarified. The author reveals the geography of the first migratory flows of the Goths in the second half of the II century, which went from the Wisla delta to Scythia, and were divided into the western (settled on the right bank of the Dnieper) and eastern. The latter, having settled down near the Sea of Azov, founded the state of Germanarich, and in the IV century, under the pressure of the Huns, the center of life of Goths moved to the Kerch Peninsula, the mountainous region of Crimea, where their state association Gothia existed until the XVIII century. It turns out that in the early Middle Ages there was a second wave of German settlements on modern Ukrainian lands from the West European direction. The expansion of the settlements of Germans and immigrants from other European countries on the lands of Kievan Rus was facilitated by political relations, which were also realized with the help of dynastic marriage unions. The princes of Kiev, pursuing a foreign policy worthy of a great power, have equal relations with the main European states of the medieval world - the Holy Roman Empire (Germany) and Byzantium, they invite priests, German craftsmen and merchants. Starting from the XI century, small German trade colonies appeared in Kiev, Vladimir-Volynsky, Lutsk and other cities. During the Lithuanian-Polish period, the influx of German settlers to Ukrainian lands is increasing. This was facilitated by various benefits and provision of points to the German immigrants by Lithuanian princes and Polish kings. In the fourteenth and fifteenth centuries, Magdeburg law was acquired by large trading cities. The third period, the most significant resettlement and colonization, that is, large-scale development of the South of Ukraine - the Sea of Azov, the Black Sea region and the lands of Crimea - begins in the second half - the end of the 18th century. The author emphasizes that this most powerful period and the great positive history of the development of our region is largely connected with immigrants of German origin (and representatives of other ethnic groups). This period becomes a powerful colonization and economic development of the entire South of Ukraine, the rich land of the Azov, Black Sea, Crimea. It is noted that then, on the initiative and real support of the government of tsarist Russia, the development of wide steppe spaces took place, which, together with Ukrainian lands, had recently been transferred to the Russian Empire. Since then, the history of immigrants has become part of the history of the Ukrainian people. The dynamics of the development of German colonies in different provinces of the South of Russia is analyzed separately, the social aspects of the life of settlements, the grave consequences for the colonists associated with the First World War, and revolutionary events in the Russian Empire are indicated. The gains and losses in the national development, in the arrangement, in the administrative division of the German and other settlers, which were the consequences of radical fluctuations in the national policy of the Soviet government in the pre-war period, are revealed.

THE MAIN STAGES OF THE FORMATION OF THE UKRAINIAN DIASPORA IN THE UNITED STATES

2021 ◽  
pp. 86-101
Author(s):  
Ol’ga A. Pylova ◽  
Keyword(s):  
United States ◽  
Soviet Union ◽  
Identity Formation ◽  
The United States ◽  
Russian Empire ◽  
Self Determination ◽  
Historical Period ◽  
The Soviet Union ◽  
The Us ◽  
The Russian Empire

The article focuses on the emigration of Ukrainians to the US and the formation of a Ukrainian diaspora there. Emigration from ethnic Ukrainian territories began at the end of the nineteenth century and has continued to the present day. The generally accepted periodisation considers five waves of emigration (before 1914, 1914–1945, 1945–1986, 1986–2014 and after 2014) and therefore five stages of the diaspora formation. As the study shows, the stages or waves of emigration from Ukraine largely coincide with the migration processes in the Russian Empire, the Soviet Union and finally in the post-Sovi- et space, but there are also a number of differences that need to be understood. The diaspora issues were often linked to issues of emigrant self-determination, identity formation as well as the policies of the recipient state. Political, social, educational and other organisations have been formed within the diaspora over the course of its existence, with the diaspora institutionalisation pro- cesses varying according to the specific historical period. In the context of the continuation of the next stage of Ukrainian emigration to the United States and the evolution of the diaspora today, a historical and genetic study of the transmigration of Ukrainians overseas and the formation of diaspora structures acquires particular relevance.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

Codification of the Natural Resource Legislation in the Russian Empire

2018 ◽  
Vol 9 (1) ◽  
pp. 183
Author(s):  
Eleonora Sergeevna NAVASARDOVA ◽  
Roman Vladimirovich NUTRIKHIN ◽  
Tatyana Nikolaevna ZINOVYEVA ◽  
Vladimir Aleksandrovich SHISHKIN ◽  
Julia Valeryevna JOLUDEVA
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Russian Empire ◽  
Special Importance ◽  
Economic Activities ◽  
Legal Norms ◽  
The Russian Empire ◽  
Forest Legislation

The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.

scholarly journals On the issue of the state and legal regulation of petty bourgeois' self-government in the Russian Empire

2019 ◽  
pp. 205-209
Author(s):  
Natal'ya N. Okutina
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Stages Of Development ◽  
Historical Experience ◽  
The Russian Empire ◽  
Class Nature

This article examines the formation and development of the petty bourgeois' self-government of the late 18th — the early 19th centuries. The author made an attempt to reveal the main stages of development of petty bourgeois' self-government in Russia within the framework of the proposed periodisation. The paper analyses the main legal acts and the changes they make to the legal regulation of the activities of the local government bodies within a certain historical framework. The author provides an analysis of the legal regulation of issues of an intra-class nature and the representation of members of petty-bourgeois corporations in local government and state bodies. On the basis of the conducted research, conclusions are drawn up on the need for further reform of the existing forms of public participation in solving local issues, taking into account historical experience.

scholarly journals Organization of the Police of the Russian Empire during the First World War

2019 ◽  
Vol 2019 (3) ◽  
pp. 20-27
Author(s):  
Александр Касьянов ◽  
Aleksandr Kasyanov ◽  
Андрей Удальцов ◽  
Andrei Udaltsov ◽  
Елена Новопавловская ◽  
...  
Keyword(s):  
Scientific Knowledge ◽  
Russian Empire ◽  
First World War ◽  
Political Crisis ◽  
Public Order ◽  
Historical Period ◽  
World War ◽  
The First World War ◽  
The Russian Empire ◽  
First World

The relevance of the study is due to the need to study the work of the police of the Russian Empire in the period of acute domestic political crisis. Analysis of the experience of police reorganization and evaluation of the effectiveness of the reforms in the period under review are undoubtedly important for both historical and legal science and practical activities of modern internal Affairs bodies, since the quality and results of such work depend on the state of public order. The aim of the study is to study on the basis of historical, structural, functional and other methods of scientific knowledge of the organizational structure of the police, its changes in wartime. On the basis of the obtained results it is concluded that the task of the wartime activities of the police in the present historical period has been significantly transformed, however, taken measures to strengthen the police force proved insufficient to radically change its work, in consequence of which she was unable properly to combat rising crime, to counter the growing disorganization of society.

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