scholarly journals PECULIARITIES OF CONSIDERATION OF CIVIL ACTIONS ON THE PROTECTIONOF THE RIGHTS OF THE PHYSICAL PERSON OF THE SUSTAINED DEFINITION OR DAMAGE TO HEALTH WORKING UNDER THE LABOR CONTRACT

2018 ◽  
Vol 64 ◽  
Author(s):  
N.M. Yasynok ◽  
V.O. Kapustian
Keyword(s):  
Judicial Review ◽  
Case Presentation ◽  
Employment Contract ◽  
Labor Contract ◽  
Procedural Law ◽  
Specific Category ◽  
General Rules ◽  
Legislative Framework ◽  
Civil Cases ◽  
The Right

The article is devoted to the analysis of the features of the procedural judicial review of civil cases on the protection of the rights of an individual injured or injured while working under an employment contract in accordance with civil procedural law. Analyzed the legislative framework, enshrined the right of a citizen to compensation for injury due to injury or damage to health working under an employment contract. It is determined that disputes about the amount of damage and the right to compensation for it are considered by courts in the lawsuit proceedings according to the general rules. It has been established that when considering civil cases for compensation for injury due to injury or damage to health, working under an employment contract, there are certain peculiarities regarding the jurisdiction of cases, involvement of third parties to the case, presentation of evidence and subject of proof, which is due to the specific category of cases.

ABOUT JUDICIAL DISCRETION AT CONSIDERING PERIOD DETERMINATION OF THE CASE BY COURT IN CIVIL PROCEEDINGS

2019 ◽  
pp. 89-98
Author(s):  
Aleksandr Dmitriyevich Zolotukhin ◽  
Lyudmila Anatolyevna Volchikhina
Keyword(s):  
Judicial Review ◽  
Judicial Discretion ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection ◽  
Proper Consideration

In civil proceedings, the legislator defines two conditions that ensure the process of judicial review and resolution of cases: the condition for proper consideration, resolution of civil cases and the condition for timely consideration and civil cases resolution. Proper consideration and resolution of cases involves compliance with the substantive and procedural law requirements. Timely consideration and resolution of cases involves compliance with the court terms of their consideration and resolution. Each of these conditions ensures the right of the persons concerned to judicial protection. Examining these conditions compliance process, we came to the conclusion that the fulfillment by the judge of the condition of compliance with the terms consideration and cases resolution for which he bears disciplinary responsibility, is achieved by his failure to meet the conditions of proper consideration and resolution of cases in terms of compliance with the procedural rules of their consideration and resolution, which entails violations of the right of interested persons to judicial protection. To solve this problem, we propose in civil proceedings to give the court the right to determine the period of consideration of the case at its discretion, based on the criteria of its reasonableness determined by the legislator.

Prestaţia compensatorie în Codul civil român

2021 ◽  
Vol 2021 (2021) ◽  
pp. 164-179
Author(s):  
Flavius Antoniu BAIAS ◽  
◽  
Stela STOICESCU ◽  
Keyword(s):  
Case Law ◽  
Social Utility ◽  
Legal Institution ◽  
Legal Regime ◽  
Procedural Law ◽  
The Social ◽  
Legal Nature ◽  
Legislative Framework ◽  
The Right ◽  
Compensatory Payment

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

scholarly journals Periodisation of the employer's right of termination of the labor contract for violation of the labor discipline: historical and legal analysis

Social Law ◽  
2019 ◽  
pp. 146-149
Author(s):  
V. Soroka
Keyword(s):  
Legal Analysis ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Discipline ◽  
The Right

In the article peculiarities of the periodization of the right of the employer to terminate an employment contract for violations of labor discipline are analyzed. Specifics of scientific approaches to historical and legal analysis of this issue are determined.

scholarly journals Implementation of the Right of Appeal of Judicial Decisions in Civil Cases

2019 ◽  
pp. 60-71
Author(s):  
Oksana Trach
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Significant Group ◽  
Large Group ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Civil Cases ◽  
And Performance ◽  
The Right ◽  
Court Of First Instance

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.

scholarly journals Protection of Workers’ Rights to Timely and Full Payroll

2019 ◽  
pp. 111-118
Author(s):  
N. A. Knyazeva
Keyword(s):  
Equality Of Opportunity ◽  
Equal Pay ◽  
Legal Doctrine ◽  
Employment Contract ◽  
Labor Contract ◽  
Self Defense ◽  
Labor Legislation ◽  
Wage Payment ◽  
The Right ◽  
Court Practice

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

scholarly journals ПОНЯТТЯ, ВИДИ ТА ЮРИДИЧНА ПРИРОДА ПРАВА НА ІНФОРМАЦІЮ СТОРІН ТРУДОВОГО ДОГОВОРУ

2019 ◽  
Vol 14 ◽  
pp. 125-133
Author(s):  
Г. І. Чанишева ◽  
Р. І. Чанишев
Keyword(s):  
Labor Law ◽  
Labor Rights ◽  
Employment Contract ◽  
Labor Contract ◽  
Legal Nature ◽  
Right To Information ◽  
The Right

У статті визначаються поняття й види права на інформацію сторін трудового догово­ру. Аналізусться юридична природа зазначеного права як суб'єктивного трудового права. Право на інформацію сторін трудового договору характеризується як основне трудове пра­во, індивідуальне трудове право, регулятивне трудове право, особисте немайнове трудове право.   The article defines the concept and the types of the right to information of the parties of the labor contract. Analyzes the legal nature of this right as a subjective labor law. The right to information of the parties of the employment contract is characterized as a basic labor rights, individual labor law, regulatory labor law, moral labor law.

Garantias constitucionais do processo e instrumentalidade processual

2020 ◽  
Author(s):  
Sergio Torres Teixeira ◽  
Julienne Diniz Antão
Keyword(s):  
International Law ◽  
Social Participation ◽  
Judicial Review ◽  
Graduate Program ◽  
Preventive Measures ◽  
Access To Justice ◽  
Safety Measures ◽  
Procedural Law ◽  
Administrative Procedures ◽  
The Right

During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regarding constitutional and procedural law. It is constituted of 12 carefully written articles concerning such matters as the non-avoidance of judicial review, procedural equality in national and international law, international juridical cooperation and the effectiveness of transnational adjudication, the right to a natural judge in arbitration, social participation in administrative procedures, preventive measures in administrative procedures, among other themes that can be seen in the summary. It is a book that encapsulate different views and perspectives about such fundamental matters, intertwining different areas of law, abundantly revealing the plurality of though that sets the tone to this valuable initiative. It is by definition the work of a collectivity, that by mutual criticism made possible this academic landmark to all participants, showing the active and curious spirit of the minds cultivated in the Federal University of Pernambuco, specially concerning the researches related to procedural justice, access to justice and instrumentality. In this sense, is a work that reflects the prominent procedural issues of its time.

scholarly journals Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (The Beginning)

2020 ◽  
Vol 15 (12) ◽  
pp. 90-108
Author(s):  
E. E. Uksusova
Keyword(s):  
Constitutional Rights ◽  
Law System ◽  
Procedural Law ◽  
Current State ◽  
Civil Cases ◽  
Legislative Reforms ◽  
The Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Right Of Access

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc. The analysis caried out within the framework of the study takes into account the Russian legislative reforms undertaken in recent decades. The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the first in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

scholarly journals Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)

2021 ◽  
Vol 16 (1) ◽  
pp. 99-110
Author(s):  
E. E. Uksusova
Keyword(s):  
Constitutional Rights ◽  
Law System ◽  
Procedural Law ◽  
Current State ◽  
Administration Of Justice ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Right Of Access

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

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