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".

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.

scholarly journals International Legal Protection of Labour Rights of People with Disabilities

2018 ◽  
Vol 6 (2) ◽  
pp. 16-20
Author(s):  
Валентина Микрина ◽  
Valentina Mikrina ◽  
Дамир Бекяшев ◽  
Damir Bekyashev
Keyword(s):  
Legal Protection ◽  
People With Disabilities ◽  
Decent Work ◽  
Regulatory Activity ◽  
Vulnerable Group ◽  
Rights Protection ◽  
Labour Rights ◽  
Full Participation ◽  
The World ◽  
The Right

Restriction or lack of capacity to be engaged in labour activities must not become an encumbrance for efficient employment of people with disabilities. International legal protection of such a vulnerable group should be based on the principles of complete equality of rights and full participation in the life of society. The article deals with the international legal mechanisms of labour rights protection of people with disabilities under the acts passed by the UN and ILO. Ensuring due legal protection of labour rights of people with disabilities in the world of work will facilitate their realization of the right to decent work, which is the main goal of the regulatory activity of the ILO.

scholarly journals Supervision and Control as Special Forms of Protecting Labor Rights of Employees who Work for Employers Being Individuals

2020 ◽  
Vol 90 (3) ◽  
pp. 63-69
Author(s):  
І. В. Василько
Keyword(s):  
Labor Rights ◽  
Labor Laws ◽  
Public Authorities ◽  
Labor Legislation ◽  
Automated Information System ◽  
The Law ◽  
Compliance With The Law ◽  
Definition Of ◽  
The Right ◽  
And Control

The emphasis has been placed on the fact that the number of recent cases of violation of labor rights of employees working for employers being individuals has significantly increased, which, in turn, necessitates effective supervision and control in this area. Based on the analysis of scientific views, the author has provided own definition of supervision and control as special forms of protecting labor rights of employees working for employers being individuals. It has been emphasized that the control within the framework of the considered issues ensures observance of the law in the sphere of labor, allows to reveal and eliminate certain shortcomings in time, as well as to take measures to prosecute employers who have violated current labor legislation. Features of this scientific category have been outlined. It has been stated that the control and supervision activity acts as a kind of guarantee of the realization of the right of employees to fair and safe working conditions, proper equipment of workplaces and compliance with the law by employers while concluding an employment contract with an employee. It has been argued that the implementation of control and supervisory activities in the studied area relies on various public authorities, where their main functions should include the detection of violations of labor rights of employees by employers, development of propositions to prevent violations of labor laws, monitoring the compliance with regulations issued in regard to employer in the result of inspections by the competent authorities, development and approval of the annual plan for scheduled inspections; drawing up minutes on administrative offenses against employers who have violated labor legislation; organization and monitoring of the compliance with labor legislation, including the collection, processing and analysis of information, operation of an automated information system for control and supervision.

SMART CONTRACT IN THE FIELD OF INTELLECTUAL PROPERTY

2019 ◽  
pp. 32-41
Author(s):  
Yulia Kharitonova ◽  
Keyword(s):  
Intellectual Property ◽  
Public Relations ◽  
License Agreements ◽  
Written Form ◽  
Protected Object ◽  
Legitimate Interests ◽  
Maximum Protection ◽  
The Right ◽  
And Control ◽  
Exclusive Right

Digitalization of public relations allows right holders to achieve maximum protection of their rights and legitimate interests in the network. At the same time, platforms are being actively developed to meet the right holders and potential users who wish to use the results of intellectual property. In modern conditions, the development of technology blockchain network can provide not only the fixation of the protected object, but also the transfer of the exclusive right to it under the contract. The so-called smart contracts allow to carry out calculations and control the use of intellectual property under license agreements. At the same time, the gaps in legislation related, in particular, to the written form of contracts in the field of intellectual property have been identified.

Forms of protection of interests in family law

2021 ◽  
pp. 146-158
Author(s):  
Svitlana Khodak
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Single Type ◽  
Scientific Methods ◽  
Legal Method ◽  
Self Defense ◽  
The Right

Purpose. The purpose of the study is to determine the forms of protection of interests in family law. It is also necessary to disclose the features of forms of protection of interests in family law, and consideration of jurisdictional and non-jurisdictional forms of their protection. Methodology. Among the philosophical, general and special scientific methods used such as is the technical and legal method, which is used in the study of methods and forms of protection of interests in family law. Scientific novelty is that the article states that under the form of protection of interests in Family law should be understood as an internally agreed set of family law-based organizational and other measures carried out within a single type of procedures, agreed on a common goal, aimed at preventing, terminating violations and restoring them, by a special jurisdiction The study further developed the provision that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. Under the jurisdictional form of protection of interests in family law means e activity of the bodies authorized by the state on protection of family rights and interests of participants of family relations. The bodies that provide such protection include: the court, guardianship authorities, notary and prosecutor. The universality of the judicial form of protection of interests in family law is substantiated. At the same time, an approach has been adopted, according to which not only the violated interest is subject to protection, but also such an interest, which has not been violated at the time of protection in order to prevent violation. A non-jurisdictional form of protection of family interests is a factual action that a subject of family law commits to protect his or her own interest or the interest of another person without recourse to the relevant jurisdictions. Results. The author singles out two ways of exercising the right to self-defense of interest in family law: 1) self-defense of one's interest; 2) self-defense of another person's interest. The article proves the effectiveness of mediation as a jurisdictional form of protection of family interests. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Fulfillment of Labor Rights for Persons with Disabilities in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 272-280
Author(s):  
Nazifah Nazifah ◽  
◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini
Keyword(s):  
Labor Rights ◽  
Human Being ◽  
Decent Work ◽  
Literature Study ◽  
Persons With Disabilities ◽  
Physical Conditions ◽  
Physical Background ◽  
The Right ◽  
Political Economic ◽  
Racial Ethnic

The purpose of this research is to fulfill the rights of persons with disabilities to obtain jobs following their fields without reducing their rights. The research method used is normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of a human's identity do not become a barrier for him to get his right. Likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same rights to get decent work, including persons with disabilities. The State of Indonesia ratified the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In the preamble of the law, it was explained that the countries that signed the convention had the obligation to promote and protect the rights and dignity of persons with disabilities and promote their participation in the civil, political, economic, social, and cultural spheres is based on equal opportunities, meaning that the Indonesian Government is obliged by law to fulfill the rights of persons with disabilities, especially about the right to work in Indonesia.

scholarly journals Improving the skills of getting guns ready at firearms training lessons at educational institutions of the Ministry of Internal Affairs of Russia

2020 ◽  
pp. 28-42
Author(s):  
Vladimir Nikolaevich Konstantinov ◽  
Igor Viktorovich Egoshin ◽  
Aleksei Aleksandrovich Sysoev
Keyword(s):  
Real Life ◽  
Statistical Processing ◽  
Educational Process ◽  
Practical Significance ◽  
Educational Institutions ◽  
Training Technique ◽  
The Subject ◽  
Internal Affairs ◽  
And Control ◽  
Individual Training

The subject of research is the firearms training technique of getting guns ready used at educational institutions of the Ministry of Internal Affairs of Russia. The purpose of the research is to scientifically substantiate and implement the technique of improving the skills of the students of educational institutions of the Ministry of Internal Affairs of Russia in getting guns ready promptly. The study revealed the problem of raising the level of firearms training which can be solved by means of using the technique of the improvement of physical coordination, extension of their sensor sharpness, i.e. the perception range. The special author’s contribution is the development and substantiation of means and techniques of training the students how to get guns ready quickly, as the currently used educational methods do not fully meet the real-life requirements of using guns. The research methods include: The analysis of scientific and procedural sources and generalization of information Questioning, surveying and interviewing Pedagogical testing Pedagogical observation and control Pedagogical experiment Mathematical and statistical processing of the results The scientific novelty of the research consists in the development of the educational technique aimed at the improvement of students’ skills of getting guns ready by means of the improvement of reactions and physical coordination, extension of the perception range of the organs of senses. The practical significance of the research consists in the fact that they help organize individual training of shooters aimed at the improvement of their skills of getting guns ready. The results of the research can be used for a training and educational process at firearms training at educational institutions of the Ministry of Internal Affairs of Russia.   

scholarly journals Development of information hazard awareness in primary school learners through due structuring of pedagogical activities

2021 ◽  
Vol 50 (2) ◽  
pp. 243-255
Author(s):  
Irina I. Kapalygina ◽  
Keyword(s):  
Educational Process ◽  
T Test ◽  
Practical Significance ◽  
Average Intensity ◽  
Young Generation ◽  
Average Value ◽  
Student’S T ◽  
Independent Decision ◽  
And Control ◽  
Student’S T Test

Problem and purpose. The interaction of schoolchildren through virtual communication, with simultaneous transformation of social experience into individual, conditioned the need to explore the phenomenon associated with the exchange and dissemination of information. The purpose of the research is to reveal the typology of information hazard, to study the level of awareness of schoolchildren’s information hazard, to structure the pedagogical activities in a way to minimise the learners’ behavioural risk relative to own safety. Methods. The research covered the schoolchildren of the 1st to 4th years of study – experimental (221 pupils) and control (202 pupils) streams. The experimental activity comprised research of the schoolchildren’s level of awareness of information hazard, with subsequent distribution of the learners into groups of high, average, below-average and low awareness levels, following the obtained data. The algorithm of the educational experiment provided for pedagogical measurement at its first stage, without targeted intervention of pedagogues in the educational process, and subsequently at the second stage, after the introduction of the modular course "Fundamentals of information security for children", in the educational process. The comparison of the data obtained at the first and second stages was made using the Student’s t-test – the method of statistical data processing, as well as the method of descriptive statistics designed to determine the average intensity of the attribute. Results. The experiment showed positive changes in the learners’ awareness of information hazard after the systematic work with them – teaching the information handling methods and techniques. Significant differences were revealed in the experimental and control streams according to the Student’s t-test, with the following t ≥ tcrit parameters: “communicative hazard” (t = 8.595), “personal hazard” (t = 8.375), “psychological hazard” (t = 7.064), “behavioural hazard” (t = 2.442), “spiritual and moral hazard” (t = 8.028), “resistance hazard” (t = 3.975). The increment in the average value of the schoolchildren’s awareness of informational hazard in the experimental streams was: communicative (0.72), personal (0.48), behavioural (0.37), psychological (0.48), spiritual and moral (0,45), psychophysical (0.39), resistance-specific (0.41). Conclusion. The authorial content in identifying the typology of informational hazard relative to children has a practical significance in educational activities. The schoolchildren’s awareness of the need to choose secure information, their independent decision-making on limited time spent at the computer or with the phone will help to eliminate the negative information impact, to create safe information environment for children. The evidentiality of the experiment can serve as an argument for solving the problem of information dependence of the young generation and the influence of various information resources in the social media.

scholarly journals INTERNATIONAL STANDARDS FOR THE REGULATION OF DOMESTIC LABOUR

2019 ◽  
pp. 25-29
Author(s):  
O. Pohorielova
Keyword(s):  
Child Labor ◽  
Domestic Workers ◽  
Living Conditions ◽  
International Standards ◽  
Forced Labor ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Legislation ◽  
The Right ◽  
Working And Living Conditions

The article deals with the basic international standards in the field of domestic workers. The author defines the concept of domestic workers and distinguishes it from such concepts as "freelancing", "domestic work", "remote employment". The characteristics of domestic workers are given. The article also identifies the main problems faced by domestic workers in carrying out their work and analyzes the basic guarantees for the protection of domestic workers' labor rights: prohibition of child labor, prohibition of forced labor, proper living conditions, in the case of residence in the employer's household, guaranteeing the right to rest, providing rest time, providing proper working conditions. The author stipulates the necessity to form a written employment contract and the relevant conditions. The role of private employment agencies in the employment of domestic workers and the need for legislative regulation of their activities are identified. The author also indicates the necessity to inspect working and living conditions of domestic workers. The purpose of the article is to examine key labor standards for domestic workers' activity and to make suggestions for the improvement of national legislation. The article stipulates the need for full ratification of the Convention on Decent Work of Domestic Workers No.189 in order to strengthen the guarantees for the observance of such workers' labor rights. The author proposes to implement certain norms into the labor legislation for the proper regulation of domestic workers' labor activity to ensure a proper level of respect for the rights of domestic workers.

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