To the question of the actual admission of the employee to work

2021 ◽  
pp. 756-763
Author(s):  
Ju.A. Novikova
Keyword(s):  
Burden Of Proof ◽  
Labor Legislation ◽  
Definition Of ◽  
Legal Fact ◽  
Legal Consequences

The article is devoted to the analysis of the actual admission to work as a legal fact, its characteristics and the legal consequences of this action for the employee and the employer, both explicitly indicated in special norms, and follows from the interpretation of other norms of labor legislation, including the obligations of the employer and liability for their violation; There is a gap in the rules of labor legislation regarding the definition of an authorized representative of the employer, the legal consequences of admission to work by an unauthorized person are examined, procedural issues about the distribution of the burden of proof and court costs are considered.

Ch.6 Performance, s.1: Performance in general, Art.6.1.3

2015 ◽  
Author(s):  
Atamer Yesim
Keyword(s):  
Burden Of Proof ◽  
Contractual Obligation ◽  
Scope Of Application ◽  
Contractual Obligations ◽  
And Performance ◽  
Definition Of ◽  
The Right ◽  
Legal Consequences

This commentary focuses on Article 6.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning partial performance of a contractual obligation. Art 6.1.3 addresses the question of whether the obligee has the right to reject partial performance or, conversely, whether the obligor has the right to discharge itself at least partly when the time of performance is due. This commentary discusses the content and scope of application of Article 6.1.3, definition of partial performance with regard to contractual obligations, right of the obligee to reject partial performance and obligation to accept partial performance, and legal consequences of acceptance or rejection of partial performance. It also considers the right of rejection in case of only partly possible performance, defective performance, and performance in excess. Finally, it looks at burden of proof as it relates to partial performance.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals EGAL RELATIONS RELATED TO THE DEATH OF A WITNESS IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 283-291
Author(s):  
A. A. Patrusheva
Keyword(s):  
Criminal Trial ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Legal Fact ◽  
Legal Consequences

The legal fact of the death of a witness in a criminal trial causes various legal consequences to occur. In cases where the witness, after being called to give evidence, was not questioned in connection with the death, these consequences are expressed in changing the methods and means of proof in the criminal case. In situations where the death of a witness occurred after interrogation, criminal procedural consequences may occur in the form of the reading of the deceased’s testimony, the evidentiary value of which is not lost if certain procedural conditions are met. Then the death of a witness acquires the property of an exclusive basis for limiting the oral proceedings and the adversarial nature of the parties in criminal proceedings, allowing the court to unconditionally resort to reading the testimony of the deceased.

Competition, Not Regulation – or Regulated Competition?

2015 ◽  
Vol 6 (3) ◽  
pp. 405-417
Author(s):  
Alexia Herwig
Keyword(s):  
Imperfect Competition ◽  
Burden Of Proof ◽  
Equal Treatment ◽  
Perfect Competition ◽  
Appellate Body ◽  
Treatment Standard ◽  
Regulatory Purpose ◽  
Definition Of ◽  
Regulated Competition ◽  
Domestic Products

GATT Article III:4 aims at equal treatment in respect of competitive opportunities of imports and competing domestic products by preventing protectionism. A key question is whether regulations with heavier burdens on imported products than on domestic products and a valid regulatory purpose are consistent with Article III:4. Inquiry into regulatory purpose under Article III:4 would allow by-passing Article XX whose list of regulatory objectives is a closed one and which puts the burden of proof on the defending WTO member. In EC-Seal Products, the Appellate Body has rejected any role for the regulatory purpose inquiry under Article III:4. This article shows why a purely empirical definition of likeness and less favourable treatment as disparate impact cannot logically lead to a finding of a violation of Article III:4. It then argues that regulatory purpose continues to play a role under Article III:4 because of the centrality of the notion of competition. It proposes to frame that competition as perfect competition. It shows that the adoption of perfect competition as the evaluative benchmark for all of Article III:4 makes better legal sense than starting from imperfect competition for the likeness analysis and perfect competition for the less favourable treatment standard, as is proposed in the literature. It also shows that even in case where imperfect competition is used as the sole benchmark for both parts of Article III:4, an assessment of how regulation interacts with competition continues to play some role.

Ch.6 Performance, s.1: Performance in general, Art.6.1.4

2015 ◽  
Author(s):  
Atamer Yesim
Keyword(s):  
Burden Of Proof ◽  
Contractual Obligation ◽  
Bilateral Contract ◽  
Scope Of Application ◽  
Contractual Obligations ◽  
Legal Consequences

This commentary focuses on Article 6.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning order of performance of a contractual obligation. Art 6.1.4 deals with the sequence of performance and counter-performance if the parties have undertaken reciprocal obligations in a bilateral contract. This commentary discusses the content and scope of application of Art 6.1.4, the role of Art 6.1.4 in determining the time of performance for the counter-performance and in determining the order of performance of due contractual obligations, performances to be taken into consideration when determining the time and order of performance, legal consequences of disregarding the order of performance, and burden of proof relating to order of performance.

Ch.10 Limitation periods, Art.10.4

2015 ◽  
Author(s):  
Wintgen Robert
Keyword(s):  
Burden Of Proof ◽  
Limitation Periods ◽  
Definition Of ◽  
The Right

This commentary analyses Article 10.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning new limitation periods by acknowledgement. All major jurisdictions accept that a new limitation period starts to run if the obligor acknowledges the obligee's right. This rule is consistent with the policy considerations underlying limitation periods, since an acknowledgement makes it clear that the obligor is aware of its debt. According to Art 10.4, if the obligor before the expiration of the general limitation period acknowledges the right of the obligee, a new general limitation period begins on the day after the day of the acknowledgement. The maximum limitation period does not begin to run again, but may be exceeded by the beginning of a new general limitation period under Art 10.2(1). This commentary considers the definition of acknowledgement, the time of acknowledgement, burden of proof relating to the new limitation period, and effects of the obligor's acknowledgement of the obligee's right.

scholarly journals DIGITALIZATION OF LABOR LAW:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Larisa S. Kirillova ◽  
Andrey M. Lushnikov ◽  
Marina V. Lushnikova ◽  
Askhat A. Bikeev
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Digital Economy ◽  
Economic Relations ◽  
Labor Legislation ◽  
The Stability ◽  
The Moment ◽  
Definition Of ◽  
Comprehensive Study

The article discusses some aspects of the digitalization impact on labor relations. It is concluded that the digital economy could not but affect the labor legislation, since it is economic relations and the nature of labor organization that largely determine the content and specific nature of labor legislation. It is noted that many scientific materials on this issue affect only certain aspects of the digitalization of labor relations. This is largely due to the fact that the digital economy development process in Russia began somewhat later, and therefore the first works appeared only at the beginning of XX century. However, there is already a reason to conduct a comprehensive study of the problem at the moment. The authors offer to start by highlighting some trends in the development of labor law that are caused by the digital economy. It seems that further work shall be carried out with the definition of trends to identify the risks of digital changes and develop the most optimal proposals for legislation. Based on the trend consideration results, their positive or negative impact on labor relations is noted. It is noted that digitalization opens up new opportunities for the organization of labor and employment, but it carries a huge number of threats to the stability of labor relations at the same time.

Evasion of Law in Private International Law

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Тихон Подшивалов ◽  
Tikhon Podshivalov
Keyword(s):  
Public Policy ◽  
International Law ◽  
Effective Means ◽  
Private International Law ◽  
Legal Systems ◽  
Indefinite Number ◽  
Characteristic Features ◽  
Definition Of ◽  
Evasion Of Law ◽  
Legal Consequences

The article is devoted to the definition of the conditions under which it is possible to apply the rules on evasion of law in civil relations complicated by a foreign element. It is possible to recognize evasion of law only by identification of characteristic features of this legal phenomenon in private international law. The author substantiates the idea that the dispute about the validity of imposing a ban on evasion of law in private international law doesn’t have political and legal importance: should not deny the theory of evasion of law, but to define the conditions under which it is possible to apply the norms of evasion of law. The problem is how to make the norms of evasion of law an effective means of suppression to disservice of an indefinite number of people, the protection of public policy. When imposing a ban on the evasion of law the most important is the question of the pending consequences when and where the acts of evasion of law will be revealed. The article deals with the question of identification the legal consequences of qualification of actions as done through evasion of law. Besides, the article attends to the response to “evasion of law” in the national legal systems.

scholarly journals ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

2020 ◽  
pp. 19-29
Author(s):  
Andrii Khridochkin ◽  
Petro Makushev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Social Harm ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Subjective Side ◽  
Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

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