Ensuring social guarantees and human rights for the implementation of the labour legislation of the Republic of Kazakhstan

2020 ◽  
pp. 315-335
Author(s):  
Anarkhan R. Kuttygalieva ◽  
Yermek A. Buribayev ◽  
Bakhytkali M. Koshpenbetov ◽  
Gakku N. Rakhimova ◽  
Zhanna A. Khamzina ◽  
...  
Keyword(s):  
Human Rights ◽  
Labour Market ◽  
Analytical Method ◽  
Practical Significance ◽  
Safety Standards ◽  
Collective Agreements ◽  
The Republic ◽  
Labour Legislation ◽  
And Control ◽  
Labour Regulation

The relevance of the study is determined by the fact that in order to improve the legislation of the country, it is necessary to study the successful experience of other countries. The purpose of the study is to propose a number of measures that will help improve labour legislation in Kazakhstan. The work uses primarily the analytical method. It is determined by the fact that apart from statutory labour protection rules, some safety standards are contained in collective agreements that speci-fy and sometimes supplement relevant legislative provisions. The paper states the fact that it is necessary to factor in world experience in organizing and operating a system of supervision and control over compliance with labour legislation for the Republic of Kazakhstan. The novelty of the study is that with a study of the legislation on labour regulation in Western countries, the authors identify a number of measures that will be relevant for implementation in the Republic of Kazakhstan. The practical significance of the study is determined by the incompatibility of iso-lation from the outside world, including from the international labour market with objectives of development.

Supervision and control over observance of labour legislation by state labour service of Ukraine

2021 ◽  
pp. 140-146
Author(s):  
Iryna agutina
Keyword(s):  
Educational Process ◽  
Employment Protection ◽  
Practical Significance ◽  
Labor Rights ◽  
Decent Work ◽  
Labour Rights ◽  
Legitimate Interests ◽  
Labour Legislation ◽  
The Right ◽  
And Control

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

scholarly journals Annotation of the Monographs “Technical and Forensic Support for the Crime Scene Investigation”, “Forensic Support for the Crime Scene Investigation”, “Features of Forensic Support for the Investigation of Business Crimes: Theoretical and Applied Aspects” by Tatyana F. Dmitrieva

Legal Concept ◽  
2021 ◽  
pp. 161-165
Author(s):  
Andrey Ryzhik ◽  
◽  
Alexander Bochkov ◽  
Keyword(s):  
Crime Scene ◽  
Associate Professor ◽  
Practical Significance ◽  
State University ◽  
Crime Scene Investigation ◽  
Scene Investigation ◽  
The Republic ◽  
Characteristic Features ◽  
Forensic Tools ◽  
And Control

Introduction: improving the efficiency of forensic support for investigative actions is of great importance not only for the investigation of crimes, but also for the fight against crime in general, which emphasizes the need to develop the fundamental areas of criminology in the field of improving the use of special knowledge, technical and tactical forensic tools, forensic technologies during the inspection of the crime scene examination and the evaluation and control activities of the actions performed, in this connection, the authors set the goal of studying the monographs by Tatyana F. Dmitrieva, Associate Professor of the Department of Criminal Law and Criminal Procedure of Vitebsk State University named after P. M. Masherov. Methods: the methodological framework for the study is a combination of the general, general scientific and specific scientific methods of cognition: dialectical-materialistic, logical, comparative, structural and functional analysis. Results: the author’s position grounded in the work is based on the legislation of the Republic of Belarus, the Russian Federation and the opinions of the competent scientific community on the presence of features, the elements of novelty, the theoretical and practical significance in the peer-reviewed monographic studies by T.F. Dmitrieva. Based on the analysis of the monographs “Technical and Forensic Support for the Crime Scene Investigation”, “Forensic Support for the Crime Scene Investigation”, “Features of Forensic Support for the Investigation of Business Crimes: Theoretical and Applied Aspects” the differentiation of the characteristic features of technical-forensic and forensic support for the crime scene examination and the investigation of business crimes is conducted. The questions of the importance of the research in certain areas and the uniqueness of the results of the peer-reviewed monographic studies are raised. Conclusions: the study revealed the role of the peer-reviewed monographs as important outcomes for the further development of forensic science and practice of forensic support for investigative actions and crime investigation. It is established that the peer-reviewed studies were carried out at a high scientific and theoretical level and represent a serious step in the development of these scientific areas. The author’s conclusions are consistent, logically justified, and the author’s suggestions and recommendations have practical significance, applicability, and can be used in doctrinal and practical developments.

scholarly journals Government Policy on Child Crime Through the Concept of Diversion as a Solution Amid the Spread of Covid-19

2021 ◽  
Vol 5 (2) ◽  
pp. 1-18
Author(s):  
Karsudin Karsudin ◽  
Irma Cahyaningtyas
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Government Policy ◽  
Research Method ◽  
Best Interests ◽  
Criminal Cases ◽  
The Republic ◽  
The Government ◽  
And Control

This study aims to analyze the concept of diversion as an instrument to realize restorative justice, applied in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19. The research method used in this research is normative juridical using secondary legal data. Based on the results of the research, it is known that the handling of juvenile criminal cases through the concept of diversion based on restorative justice is carried out to guarantee and respect the dignity of the child, carried out in the best interests of the child and by considering justice for the victim. The government, which is represented by The Minister of Law and Human Rights, has made a very responsive policy through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19.

scholarly journals Regulating Flexible Forms of Employment in the Republic of Kazakhstan

2018 ◽  
Vol 14 (4) ◽  
pp. 18-23
Author(s):  
S. Bereshev
Keyword(s):  
Labour Market ◽  
Social Partnership ◽  
Methodological Basis ◽  
Regulation Process ◽  
Flexible Employment ◽  
The Republic ◽  
Labour Legislation

The Object of the Study. Regulation process of flexible forms of employment at the national, sectoral and regional levels in the Republic of Kazakhstan.The Subject of the Study. Regulation forms of flexible employment in Kazakhstan. The Purpose of the Study. Identification of the need, possibilities and conditions for legislative and collective-contractual regulation of flexible employment in the Republic of KazakhstanThe Main Theoretical and Empirical Provisions of the Article. The theoretical and methodological basis of the article is the works of domestic and foreign researchers on problems of the spread of non-standard, unstable and flexible forms of employment (Herrman, P., Stending, G., Bobkov, V., Dzhumambayev S. and others). The research is based on studying and analysing current legislation on this issue, and on the content of system of agreements within the framework of social partnership. The article examines various aspects of regulating flexible forms of employment taking into account the specifics of the labour market in the republic. Features of legislative labour regulating certain workers categories with flexible forms of employment are revealed. Proposals for further improving labour legislation on regulating workers labour under unsustainable employment have been developed.

Rights and Controls in the Management of Migration: The Case of Germany

2000 ◽  
Vol 48 (2) ◽  
pp. 224-240 ◽  
Author(s):  
Lydia Morris
Keyword(s):  
Human Rights ◽  
Labour Market ◽  
Hierarchical System ◽  
Significant Step ◽  
Legal Structures ◽  
And Control ◽  
Nationality Law

In May 1999 Germany took a significant step away from its reliance on blood based belonging, revising its nationality law to introduce an element of territory (jus soli) in the designation of citizenship. This paper offers Germany as a case study in the management of migration through a hierarchical system for the granting of rights, and considers the likely impact of the new law on the legal structures of inclusion and exclusion. It is argued that alongside the enhanced recognition of the original guestworker population a set of contradictory pressures now dominate the politics of migration – the recognition of human rights, the management of the labour market and the protection of welfare resources. These pressures are mediated by the granting and withholding of rights as part of a system of selection, surveillance, deterrence and control which has broader implications for our thinking about citizenship.

Duansheng Qian’s thoughts on human rights

2020 ◽  
Vol 5 (1) ◽  
pp. 35-56
Author(s):  
Pinghua Sun
Keyword(s):  
Human Rights ◽  
Practical Significance ◽  
Legal Systems ◽  
Republic Of China ◽  
Legal Thought ◽  
The Republic Of China ◽  
The Republic

AbstractDuansheng Qian was a renowned scholar in the period of the Republic of China who studied in depth and at length the legal systems of different countries. His discourse constitutes a rich treasure of political and legal thought and numerous ideas on human rights. Much of his discourse touches on the concept of protecting human rights. A study of Qian’s works reveals the breadth and width of his ideas on human rights that form an important part of Chinese concepts on human rights. Many of these concepts are of great historical and practical significance.

scholarly journals Derechos Humanos en la República del Ecuador: su protección por la Corte Interamericana de Derechos Humanos

2021 ◽  
Vol 39 (68) ◽  
Author(s):  
Wilter Zambrano Solorzano
Keyword(s):  
Human Rights ◽  
Analytical Method ◽  
Human Being ◽  
Human Beings ◽  
International Treaties ◽  
The North ◽  
Legal Provisions ◽  
Derechos Humanos ◽  
Protection Of Human Rights ◽  
The Republic

This work analyzes the protection of human rights by the Inter-American Court of Human Rights in the Republic of Ecuador. It is a documentary and descriptive investigation, with the application of the analytical method. Human rights must be established in the north of both national and international actions because they attend to the dignity of human beings, hence the interest that States and specialized bodies have in their protection, including through the effectiveness of sentences. It is concluded that human rights are a broad, unfinished, and progressive set of attributes belonging to human beings without any type of differences, and that the Republic of Ecuador is making efforts to make the application of the judgments of the Inter-American Court of Rights a reality. Human, being a constant commitment to constitutional legal provisions and international treaties.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

RETAIL BANKING SERVICES AND PROSPECTS FOR ITS DEVELOPMENT IN THE REPUBLIC OF UZBEKISTAN

2020 ◽  
Vol 3 (3) ◽  
pp. 26-31
Author(s):  
Zafar Umarov ◽  
◽  
Shahnoza Pardayeva
Keyword(s):  
Retail Banking ◽  
Practical Significance ◽  
Banking Services ◽  
Current State ◽  
The Republic

This article is about a market of retail banking services in Uzbekistan and development of this market. It covered the practical significance of retail banking services, analyzes the current state and ways to improve it. The article analyzes past and current years,identifies problems and provides recommendations for addressing them.

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