scholarly journals GENESIS OF THE PRINCIPLE OF UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR REGULATION OF UKRAINIAN BODIES IN THE SOVIET PERIOD

2021 ◽  
pp. 68-74
Author(s):  
L.V. Mohilevskyi
Keyword(s):  
Legal Regulation ◽  
Soviet Period ◽  
Labor Regulation

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF USE OF NATURAL RESOURCES IN ECONOMIC ACTIVITY IN UKRAINE

2021 ◽  
pp. 90-99
Author(s):  
А.H. Riabtsova ◽  
Keyword(s):  
Natural Resources ◽  
Middle Ages ◽  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Customary Law ◽  
Soviet Period ◽  
Economic Activities ◽  
Forest Protection ◽  
The Russian Empire

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

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 SPECIFIC FEATURES OF THE FORMATION OF CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE IN THE XX CENTURY

2020 ◽  
pp. 100-116
Author(s):  
Viktor Branovytskiy ◽  
Keyword(s):  
Natural Resources ◽  
Legal Regulation ◽  
Soviet Period ◽  
Legal Interpretation ◽  
Scientific Cognition ◽  
Natural Objects ◽  
The People ◽  
Management Concept ◽  
Sphere Of Influence ◽  
First Time

The purpose of the article is to clarify the peculiarities of the formation of citizens’ right to use natural objects of the ownership right of the people of Ukraine in the XX century. Methods. The research methodology consists of such methods of scientific cognition as: systematic and structural, historical and legal, comparative and legal, formal and legal, interpretation, deduction, induction, analysis, synthesis, etc. Results. The author studies in the section “Period of power changes on the territory of Ukraine” the peculiarities of the legal regulation of the rights to natural objects in the period from 1917 to 1920 and finds out that there was no single practice of regulating natural management relations at that time in Ukraine, since it changed depending on the region, the authorities whose sphere of influence extended to it and the year of issuance of the regulatory act. The author studies in the section “Soviet period” the specifics of the legal regulation of the rights to natural objects during Ukraine’s stay in the USSR and finds out that the only form of the ownership to all natural objects was state, the natural management concept was significantly developed, the mechanism of administrative and legal provision for the realization of citizens’ right to use natural objects of state property, an extensive system of legislation were formed. The author emphasizes in the section “Period of Sovereign Ukraine” how the approach to the regulation of the rights to natural objects was changed after Ukraine’s secession from the USSR, especially the ownership right of the people of Ukraine to natural resources and citizens’ rights to use them. Conclusions. The author indicates in the conclusions: when and which regulatory legal acts enshrined for the first time the people’s ownership to natural objects, citizens’ right to use natural objects of the ownership right of the people and the procedure to use them at the legislative level; main features of legal regulation of the rights to natural objects in the period from 1917 to 1920, the Soviet period and the period of sovereign Ukraine; the circumstances depending on guaranteeing this right. Finally, the author formulates a position according to which it is necessary to distinguish land plots and other objects that may be owned by others and those that constitute the exclusive ownership of the people due to their value and significance. Besides, the author emphasizes the need to get back to the method of normative and legal regulation of the rights to natural objects, which was used in 1990–1991, when the people of Ukraine were endowed with independent powers and had a real status of the owner to natural resources.

scholarly journals Basic approaches to understanding the concept of the legal system

2020 ◽  
pp. 24-26
Author(s):  
Andrii TALYMONCHYK
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Main Function ◽  
Law And Order ◽  
Basic Approaches ◽  
Theory Of Law

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.

scholarly journals Legal regime for church property in Russia and the Baltic states

Baltic Region ◽  
2018 ◽  
Vol 10 (4) ◽  
pp. 60-73
Author(s):  
Valentina Yu. Smorgunova ◽  
Аleksandra А. Dorskaya ◽  
Tatyana V. Tolstukhina
Keyword(s):  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Economic Benefits ◽  
The State ◽  
Soviet Period ◽  
Baltic States ◽  
Legal Regime ◽  
The Baltic ◽  
Religious Objects ◽  
The Church

In this article, we carry out a comparative analysis of the legal regimes for church property in the Baltic States and in Russia after the demise of the USSR,. We stress the significance of this problem for the newly established relations between the state and the religious organisations, for the conclusion of agreements between these actors, and for the development of the ideas of interdenominational peace and intergovernmental relations. In this study, we aim at identifying the similarities and differences between the legal regulation of the state/denomination relations regarding church property, as well as the economic component of these relations. We analyse the regulatory documents of Russia, Latvia, Lithuania, and Estonia that enshrine the transfer (return) of the church property, which was seized illegally in the first Soviet years in Russia and during the incorporation of the Baltic republics into the USSR, to the religious organisations. We compare the restitution, which was carried out in the Baltics, with Russia’s moderate approach to the transfer of religious objects to religious organisations. We conclude that the international factor affects the resolution of the church property issue and that the economic benefits of the property transfer are unclear. The transfer of the church property is associated with additional expenditure incurred by the state. In conclusion, we consider the reasons why the complete transfer (return) of the church property seized in the Soviet period is impossible.

scholarly journals Guarantees of the Rights of Workers in the Labor Regulation

2020 ◽  
Vol 15 (1) ◽  
pp. 116-123
Author(s):  
L. I. Filyushchenko
Keyword(s):  
Legal Regulation ◽  
Labor Standards ◽  
Professional Standard ◽  
Labor Regulation ◽  
Labor Costs ◽  
Judicial Practice ◽  
Rights And Interests ◽  
Court Practice

The issue of guarantees of the rights of workers during labor standards is of interest, because labor rationing, being a way to increase the efficiency of employees and reduce labor costs, affects their rights and interests. The purpose of this paper is to study the legal regulation of relations on labor standards by analyzing the norms and practices of the application of legislation on labor standards. The author considers guarantees of the rights of workers and concludes that the legislator does not give enough attention to the problems of legal regulation of relations on labor standards. The processes of labor standardization are negatively affected by the absence or incompleteness of normative legal acts on standardization, including the lack of a professional standard for the specialist in question. Guarantees turn out to be declarations, employers abuse rights, neglecting the development of labor standards. Gaps in the legislation, ambiguity of concepts give rise to ambiguous judicial practice. A summary of court practice and related clarifications could resolve contentious issues. The author formulates some suggestions to improve the legal regulation of labor standards.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

PROBLEMS OF LABOR LEGISLATION: KYRGYZSTAN UNDER COVID-19 PANDEMIC (COMPARATIVE ANALYSIS WITH THE RUSSIAN LEGAL REGULATIONS)

2020 ◽  
Vol 6 (4) ◽  
pp. 214-227
Author(s):  
Kubanychbek S. RAMANKULOV
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Remote Work ◽  
Labor Regulation ◽  
Legal Method ◽  
Labor Legislation ◽  
Significant Addition

The situation caused by the spread of COVID-19 has become one of the serious challenges that have manifested themselves, in particular, in the field of legal regulation of social and labor relations, which continues to remain insufficiently studied. This article aims to fill in this lacuna and consider the effectiveness of the main institutions of labor legislation in the event of a coronavirus pandemic. The performed analysis allowed rationalizing a significant addition and clarification of the conceptual apparatus of the labor legislation of the Kyrgyz Republic (KR), which is used in labor regulation under COVID-19 conditions. At the same time, the results show that the lack of a number of basic norms in the legislation, in fact, prevent from establishing the legal status of persons in the labor sphere who are in restrictive/quarantine conditions. An analysis of the basic norms related to the institutions of labor legislation showed a clear insufficiency of their legal capacity to regulate labor relations in the context of the COVID-19 pandemic. For the first time, on the basis of the comparative legal method, the problem of establishing new rules outside the labor legislation in Russia and Kyrgyzstan was identified, when the regulation of labor and relations directly related to them in both countries in the context of the COVID-19 pandemic moved to the sectoral (departmental) and local levels, including through acts of application of law (in Kyrgyzstan). Everywhere during the pandemic, employers in both countries transferred to remote work, which is not provided for by labor legislation. The author justifies the prospect of the proposal to subsequently separate out individual chapters in the labor codes of Russia and Kyrgyzstan, which provide for the specifics of labor regulation in an emergency (provisions). The main methods used in the article are the means of system analysis and the comparative legal method for studying the problems of labor legislation in Kyrgyzstan and Russia in terms of analyzing its current state and ensuring effective implementation in the context of the COVID-19 pandemic.

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