scholarly journals CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS

2020 ◽  
pp. 447-455
Author(s):  
І. А. Боровська
Keyword(s):  
Labor Relations ◽  
General Rule ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Material Component ◽  
Civil Proceedings ◽  
The Subject ◽  
Simplified Procedures ◽  
Component Property

The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings. The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations. It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent). The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes. Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure. Based on the results of the study, conclusions were drawn.

NEW CLASSIFICATION OF PRINCIPLES OF CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Амир Ахметович Мужахаев ◽  
Аминат Аслановна Солтамурадова
Keyword(s):  
Civil Procedure ◽  
New Classification ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Key Factor ◽  
The Subject ◽  
The Right

В представленной статье кратко раскрывается смысл понятия такого явления, как принцип гражданского процессуального права, а также дана классификация принципов, уже существующих и утвердившихся в теории гражданского процесса. Авторы работы предприняли попытку разработать новую классификацию принципов гражданского судопроизводства, отличную от общепринятой, в которой ключевым фактором выступает субъект, которому эти принципы адресованы по своему содержанию. По результатам проведенного исследования выделены субъекты, которым адресованы действия этих принципов: адресованные только суду; адресованные только лицам, участвующим в деле; - адресованные всем субъектам гражданского судопроизводства в целом (общие). Можно вполне обосновано сказать, что новая классификация принципов гражданского процесса, в зависимости от субъекта имеет право на существование. The presented article briefly reveals the meaning of the concept of such a phenomenon as the principle of civil procedural law, and also gives a classification of the principles that already exist and are established in the theory of civil procedure. The authors of the work attempted to develop a new classification of the principles of civil proceedings, different from the generally accepted one, in which the key factor is the subject to whom these principles are addressed in their content. According to the results of the study, the subjects to whom the actions of these principles are addressed: addressed only to the court; addressed only to persons participating in the case; - addressed to all subjects of civil proceedings in general (general). It can be reasonably said that the new classification of the principles of civil procedure, depending on the subject, has the right to exist.

scholarly journals Separation of jurisdiction of the court of administrative and general jurisdiction in labor disputes

2020 ◽  
pp. 52-58
Author(s):  
K. Kropyvna
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Labor Disputes ◽  
Effective Measure ◽  
Labor Legislation ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Administrative Proceedings

The article deals with the issues of legal regulation of procedural relations, as well as the delimitation of the administrative process from civil-procedural activity on the subjects of consideration of labor disputes. It is emphasized that the problem of distinguishing material public law from private is always an important problem. Not all labor relations fall under the signs of private law, in which the rights, freedoms and interests of individuals are protected, but most of them are regulated by labor legislation, which is based on the legislation regulating private relations. However, there are relations that arise between state bodies and citizens governed by labor law, but their regulation falls within the sphere of public law. Disputes arising from these legal relationships are resolved by the administrative court. Protection of certain labor relations is also carried out with the application of administrative liability, cases concerning this are considered by a court of general jurisdiction. The author notes that the legislator provided for the protection of the rights and legitimate interests of workers by the competent authorities to apply measures of administrative coercion. After all, being the main method of administrative activity, persuasion is not always a very effective measure to influence the behavior of those who commit illegal acts. In this regard, the state, protecting the inviolability of the regulated labor relations of the person, his right to work and adequate remuneration, the legitimate interests of citizens, their teams, trade unions, the rights and responsibilities of owners of enterprises, institutions and organizations, authorizes employees authorities to apply coercion to those who are not influenced by persuasion and public influence. Administrative coercion is applied on the basis of persuasion, the means of influence of which have already been exhausted. One of the types of measures of administrative coercion used in the consideration of labor disputes in order to protect labor relations is administrative liability. Cases of this jurisdiction are considered by a court of general jurisdiction. The author defines the criteria for distinguishing between labor disputes, which belong to the competence of the administrative court (considered in administrative proceedings and regulated by the Code of Administrative Procedure of Ukraine) and general jurisdiction (considered in civil proceedings and regulated by the Labor Code).

Application of elements of artificial intelligence technology in labor relations: problems and prospects

2020 ◽  
pp. 10-17
Author(s):  
S. Yu. Chucha
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Labor Relations ◽  
Regulatory Framework ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Artificial Intelligence Technology ◽  
The Russian Federation

The author analyzes the existing legal, philosophical and technical approaches to the application of artificial intelligence technology in labor and related relations. The prospects of developing a regulatory framework for resolving labor disputes in Labor Dispute Commissions and courts of the Russian Federation, the practice of acceptance of a claim, preparing cases for litigation, and considering labor disputes using elements of artificial intelligence are assessed.

scholarly journals SOCIAL AND LABOR CONFLICT MANAGEMENT: UKRAINIAN AND FOREIGN EXPERIENCE

2021 ◽  
pp. 91-97
Author(s):  
Nikita Nazarov
Keyword(s):  
Conflict Management ◽  
Labor Relations ◽  
Labor Disputes ◽  
Foreign Experience ◽  
Conflict Situations ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Economic Conflict ◽  
Labor Conflicts

The subject of study in the article is the process of socio-economic conflict management. The purpose of the work is to substantiate the theoretical provisions and methodological approaches in the management of labor conflicts as a form of social and labor relations based on Ukrainian and foreign experience. The following tasks are solved in the article: to investigate the essence and place of social and labor conflict in the system of social contradictions; provide a classification of conflicts in the social and labor sphere; to study the forms and methods of resolving social and labor conflicts: to analyze the success of conflict prevention in Ukrainian and foreign practice. The following methods are used: method of analysis and synthesis, classification-analytical method, abstract-logical method, historical-retrospective analysis and generalization. The following results were obtained: the concept of socio-economic conflict is clarified. The classification of conflicts is carried out, which gives an understanding of the nature and essence of conflict relations on the following grounds: the method of conflict resolution (antagonistic and compromise conflicts); spheres of conflict (political, social, economic, organizational conflicts); direction of impact (vertical and horizontal conflicts); degree of conflict confrontation (hidden and open conflicts); the number of participants in conflict interaction (intrapersonal, interpersonal, intergroup); needs (cognitive and interest conflicts). Structural and interpersonal methods for resolving conflict situations are defined. An analysis of the current state of resolution and prevention of labor conflicts in 2020 was conducted according to the National Service for Mediation and Reconciliation. Foreign experience in resolving labor disputes has proved the feasibility of developing the following ways to resolve labor disputes in Ukraine: with the help of special courts on labor and social security (sectoral justice); through civil proceedings in general courts; through conciliation and arbitration procedures. Conclusions: The analysis allowed to determine the essence of social and labor conflict as a form of social and labor relations at the micro, meso, and macro levels, which is manifested in the opposition of the subjects of the socio-economic sphere. Applying the gained world experience it is possible to reduce social tensions and to strengthen social and economic safety of the state. Keywords: brand; definition; branding; brand book; rebranding; stages.

On the issue of evidence admissibility in civil proceedings

2021 ◽  
pp. 148-160
Author(s):  
Valentin V. Nazarov ◽  
Aleksandr D. Zolotuhin
Keyword(s):  
General Rule ◽  
Decisive Role ◽  
Civil Proceedings ◽  
Rules Of Evidence ◽  
The Subject ◽  
The Right ◽  
Current Rule

We investigate the procuring evidence in civil proceedings, we come to the conclusion that the court in the procuring evidence is the determining subject. This conclusion follows from the content of the rules of the court’s activity to determine the subject of evidence. By determining the subject of evidence, the court thereby determines and organizes the activities of the persons participating in the case, to prove the circumstances to which it indicated in the subject of evidence, regardless of the persons’ opinion par-ticipating in the case regarding the circumstances that they asked to be in-cluded in the subject of evidence, but the court did not. The decisive role of the court in the procuring evidence is also confirmed by the legislator’s right to apply the rules of evidence admissibility presented by the persons participating in the case for examination in the court session, as well as the right to offer the persons participating in the case to submit additional evidence. We conclude that the rules applied by the court to determine the evidence admissibility represent a specific set. This set includes, in addition to the general rule for determining the evidence admissibility, the rule according to which the evidence admissibility is established by determining their relevance and sufficiency to the circumstances of the subject of evidence. The set also includes rules for determining the procedural form of the evidence presented, including the rules for obtaining them. We believe that the legislator should exclude the current rule on the violations recognition of the procedural form of obtaining evidence as formal, as not complying with the requirements of the legality principle.

СОЦИАЛЬНАЯ КОНФЛИКТОЛОГИЯ: ТЕОРЕТИКО-ИСТОРИЧЕСКИЙ АСПЕКТ

2020 ◽  
Vol 15 (2) ◽  
pp. 68
Author(s):  
А. Н. Сухов
Keyword(s):  
Theory And Practice ◽  
Important Task ◽  
Social Conflicts ◽  
Psychological Approach ◽  
Structure Dynamics ◽  
History Of ◽  
The Subject ◽  
First Time

This given article reveals the topicality not only of destructive, but also of constructive, as well as hybrid conflicts. Practically it has been done for the first time. It also describes the history of the formation of both foreign and domestic social conflictology. At the same time, the chronology of the development of the latter is restored and presented objectively, in full, taking into account the contribution of those researchers who actually stood at its origins. The article deals with the essence of the socio-psychological approach to understanding conflicts. The subject of social conflictology includes the regularities of their occurrence and manifestation at various levels, spheres and conditions, including normal, complicated and extreme ones. Social conflictology includes the theory and practice of diagnosing, resolving, and resolving social conflicts. It analyzes the difficulties that occur in defining the concept, structure, dynamics, and classification of social conflicts. Therefore, it is no accident that the most important task is to create a full-fledged theory of social conflicts. Without this, it is impossible to talk about effective settlement and resolution of social conflicts. Social conflictology is an integral part of conflictology. There is still a lot of work to be done, both in theory and in application, for its complete design. At present, there is an urgent need to develop conflict-related competence not only of professionals, but also for various groups of the population.

ON THE CLASSIFICATION OF DIGITAL TECHNOLOGIES IN CIVIL PROCESS

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov
Keyword(s):  
Information Processing ◽  
Scientific Community ◽  
Digital Technologies ◽  
Significant Feature ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Processing Information ◽  
The Impact

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.

Latviešu metālmūzikas albumu nosaukumi

2021 ◽  
pp. 361-369
Author(s):  
Ingars Gusāns
Keyword(s):  
Current Situation ◽  
Creative Work ◽  
Distinctive Character ◽  
Literary Works ◽  
The Third ◽  
Metal Music ◽  
Local Character ◽  
The Subject ◽  
The Common

The aim of the study is to describe the titles of Latvian metal music albums, from the perspective of content, by identifying the common and distinctive character of the metallic music tradition, and perhaps even the local one. Of 241 album titles (data on Dec. 31, 2019), most are in English, some in French, Latin, Russian, some consisting of digits, and 69 titles in Latvian. These titles are the subject of the research. The main source is Encyclopaedia Metallum (www.metal-archives.com), which still does not reflect the current situation concerning Latvian metal music. Album titles in this study are viewed separately from album designs and song titles and are analysed from the perspective of content. The album title is an important part of the work that has been issued because it is an element that makes the audience/buyer pay attention to the album because it must not be forgotten that today the album is also an item that you want to sell. In general, it can be concluded that Latvian metal musicians, with their album titles in Latvian, are mostly following world trends, as evidenced by the integration in the researcher Deena Weinstein’s classification of Dionysian discourse and discourse on chaos. Most titles are more relevant to the discourse on chaos because the thematic circle of chaos is wider. Latvian mythology, along with history, is an up-to-date source for the creative work of bands that is responsible for the local feeling of the titles. A large enough number are titles that are difficult to fit in the Weinstein’s division and form the third group with philosophical titles and simply all sorts of titles. If the philosophical titles follow the world’s trends, the simple titles include the names of the events, tributes, and the titles of literary works, which give them a local character.

CLASSIFICATION OF RUSSIAN CULTURE-BOUND TERMS AND THEIR EQUIVALENTS BASED ON THE TRANSLATION OF “QUIET FLOWS THE DON” BY M. A. SHOLOKHOV

2020 ◽  
Vol 76 (4) ◽  
pp. 149-155
Author(s):  
SVETLANA S. UZHAKINA ◽  
Keyword(s):  
English Language ◽  
Great Influence ◽  
Political Life ◽  
Daily Routine ◽  
The Novel ◽  
Russian Culture ◽  
The Subject ◽  
Cultural Component ◽  
Historical Epoch

The classification of Russian culture-bound terms used in the novel “Quiet Flows the Don” by M. A. Sholokhov and in its translation into the English language. The novel “Quiet Flows the Don” by M.A. Sholokhov and its translation into English done by Robert Daglish have served as the source for the research of culture-bound terms. These terms have been classified on the basis of the subject division offered by S. Vlakhov and S. Florin. It is proved that the interest to the study of culture-bound terms is still important. The relevance of the research is determined by the fact that despite numerous research papers in this field the origin, classification and translation of these terms still need some investigation. The aim of the present study is to classify the culture-bound terms taken from the novel “Quiet Flows the Don” by M.A. Sholokhon and its translation into the English language. As a result, there have bben taken 407 samples of the lexical units with a cultural component which were classified according to the subject principal offered by S. Vlakhon and S. Florin. The culture-bound terms have a great influence on a foreign reader as they are cultural units that transmit the information of the daily routine and the historical epoch described in the novel. The culture-bound terms taken from the novel “Quiet Flows the Don” by M.A. Sholokhov and its translation are analyzed and classified. The division of the culture-bound terms according to the subject principal allowed to reveal that most terms refer to the daily routine, social and political life and military terms.

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