scholarly journals FEATURES OF CONDUCTING RESEARCH ON CASES RELATED TO THE ACCRUAL AND PAYMENT OF AVERAGE EARNINGS FOR THE PERIOD OF FORCED ABSENTEEISM IN THE CASE OF THE ILLEGAL DISMISSAL OF AN EMPLOYEE

2021 ◽  
Author(s):  
O. Kandiral
Keyword(s):  
Economic Research ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Advantages And Disadvantages ◽  
Labor Legislation ◽  
The Subject ◽  
Conducting Research ◽  
Methodological Principles ◽  
Work Done ◽  
Expert Practice

The article discusses the features of research on the validity of the calculation and payment of average earnings for the period of forced absenteeism in the case of illegal dismissal of an employee. For the purpose of this scientific study, it is the formation of a unified approach in conducting forensic economic examinations in cases related to the calculation and payment of average earnings for the period of forced absence for the illegal dismissal of an employee. The article systematizes the regulations governing labor relations in Ukraine. The advantages and disadvantages of applying the current labor legislation in practice are described and analyzed. The author points out the need to concretize and generalize legal norms in order to implement the principle of legal certainty, modernize outdated provisions of the Labor Code of Ukraine in order to take into account the labor legal relations that currently exist, business customs and avoid possible abuse of their rights by both the employer and the employee. The urgency of this problem and its impact on the growth of the national economy are noted. The questions of the search for the solution of the problems facing the forensic economic examination regarding the accrual and payment of average earnings for the period of forced absence from the illegal dismissal of an employee are raised. The article systematizes and summarizes the forensic and expert practice, which made it possible to draw conclusions about the ambiguous interpretation of the law, which in turn leads to disputes between the employer and the unlawfully dismissed. Then reinstated, hired employee regarding the accrual and payment of average earnings for the period of forced absenteeism upon his/her illegal dismissal. The author sets out the methodological principles of conducting forensic examinations in cases related to the calculation and payment of average earnings for the period of forced absence from the illegal dismissal of an employee, the subject, tasks and objects of the examinations are determined. The result of the work done, the author proposed an algorithm for the sequential actions of an expert during forensic economic research on the validity of calculating and paying average earnings for the period of forced absenteeism in the event of illegal dismissal of an employee. The results of the article can be used by judicial and law enforcement agencies during the investigation and consideration of cases, the subject of which is the establishment of facts of compliance by employers with the requirements of the current labor legislation, in expert practice, during scientific and methodological work, as well as in further scientific developments on these issues.

Videoconferencing: Is It Satisfactory

2020 ◽  
Vol 33 (4) ◽  
pp. 293-296
Author(s):  
Kristine L. Florczak
Keyword(s):  
Qualitative Methods ◽  
Advantages And Disadvantages ◽  
The Subject ◽  
Conducting Research ◽  
The Impact ◽  
E Mail ◽  
Research Studies

Consideration of the impact of COVID-19 on conducting research studies is the subject of this column. First, it is argued that presence is critical to some qualitative methods and especially for those who use the Parse methods. Second, the use of e-mail, telephone, and videoconferencing is examined in terms of their advantages and disadvantages in relation to obtaining knowledge about a phenomenon of interest.

scholarly journals METHODOLOGICAL PRINCIPLES OF RESEARCH OF THE BUDGET FINANCING SYSTEM

2020 ◽  
Vol 288 (6) ◽  
pp. 210-215
Author(s):  
І. Tytarchuk ◽  
Keyword(s):  
Economic Transformation ◽  
Economic Research ◽  
Financing System ◽  
Logical Scheme ◽  
Analysis And Synthesis ◽  
Article Analysis ◽  
The Subject ◽  
Methodological Principles ◽  
The Relationship ◽  
Theoretical Foundations

The subject of the study is the methodological principles of the study of the budget financing system in the conditions of economic transformation. The purpose of the article is to form a methodological toolkit of the budget financing system, which includes principles, forms, approaches to the analysis of this concept. The following methods are used in the article: analysis and synthesis, generalization – in the study of literature sources on the research topic; abstractions, inductions, deductions, ascent from the abstract to the concrete – in the disclosure of the methodological bases of budget financing systems taking into account the laws of dialectics, application of systemic and functional approaches. In the course of research the forms of budgetary financing and their features are defined, the structural-logical scheme of methodological maintenance of system of budgetary financing is constructed. The article reveals the methodological essence of the formation of budget expenditures as the basis of the budget financing system, which consists in applying tools to the formation of budget expenditures on the principles of scientificity, validity, transparency, economy, traceability. It is determined that the problems significantly affect and adjust the state of the budget system, so when forming budget expenditures it is necessary to take into account these problems and implement measures to maximize their leveling with further adjustment of expenditures. The relationship between the philosophical categories of the spheres of life and the sphere of the essence of budget expenditures in the process of formulating the theoretical foundations of budget financing is clearly traced. The study allowed to form a new methodological tradition in modern financial theory, which consists in the formation of not only practical but also philosophical approaches, abandonment of the search for a single concept of budget financing and unambiguous methods of its construction, the use of advanced methods of economic research etc.

What About the Rest of Us? The Importance of Organizational Culture in Nepotistic Environments

2015 ◽  
Vol 8 (1) ◽  
pp. 27-31 ◽  
Author(s):  
Benjamin Biermeier-Hanson
Keyword(s):  
Organizational Culture ◽  
Organizational Psychology ◽  
Social Connection ◽  
Advantages And Disadvantages ◽  
The Subject ◽  
Industrial And Organizational Psychology ◽  
Organizational Scholarship ◽  
Multiple Domains ◽  
Work Done ◽  
Organizational Literature

To date, empirical investigations into whether nepotism, specifically, or social connection preference (SCP), generally, is positive or negative within the realm of organizational scholarship has been limited. Indeed, most of the early discussions in this field on the subject have focused on previous work done outside the organizational area (i.e., Bellow, 2003). A recent Society for Industrial and Organizational PsychologyOrganizational Frontier Seriesbook on the subject has brought some initial attention to the subject by approaching it from multiple domains within the organizational literature (Jones, 2012). Jones and Stout (2015) have highlighted the possible advantages and disadvantages of SCPs and have taken the stand that SCPs might in fact provide more benefits than drawbacks, particularly given that formalized policies may lead to unfair discrimination.

scholarly journals Theoretical and methodological principles of application of event analysis in the activity of the patronage service of state administration

2018 ◽  
Vol 6 (3) ◽  
pp. 12-17
Author(s):  
V. V. Kryvoshein
Keyword(s):  
Objective Assessment ◽  
Data Bank ◽  
Failure Criteria ◽  
Information Support ◽  
Event Analysis ◽  
Coding System ◽  
Advantages And Disadvantages ◽  
State Administration ◽  
The Subject ◽  
Methodological Principles

The theoretical and methodological principles of application of the method of event analysis in the activity of the patronage service of the state administration body are considered. It is shown that using the method of event analysis it becomes possible to streamline the flow of socio-political events in such a way that through a series of phenomena to identify objective tendencies and on this basis to develop an objective assessment, to formulate and substantiate the forecast of the development of events. The typical scheme of the event analysis is given. It is disclosed that the method of event analysis involves a consistent description of the chain: the situation – events – the environment – the participants (their resources, interests, interconnections) – limitation of activities – goals and objectives (success / failure criteria) – alternative solutions – scenarios and forecasts – action strategy. The stages of the event analysis are singled out and procedures are described on each of them. In particular, the following stages of the event analysis are defined: compiling a data bank or join-ing an existing one; separation of the information array into separate units of observation and data sorting; calculation of results of filling matrix classifier; analytical comparison of the obtained values; verification of the results. Detailed procedures of the stage of creation of a data bank are described: the phases of the process of creating data about events are selected (choice of information support; development of coding system; choice of coding method; database creation); the structure of the information archive is determined (special abstracts, special indexes, specialized fund for formalized analysis of events, problems and documents); describes the main criteria for evaluating, selecting, refining and formalizing information (subject of the event, purpose, plan, idea of the subject of the event, action, image, form, means of action of the subject of the event, object, subject of the event, time (date) event, event location, result, product, event finale, event reason, event outcome, other special circumstances and event conditions). The advantages and disadvantages of the event analysis in the activity of the patronage service of the public administration body are revealed.

ICO as a Business Financing Tool: Myths and Reality

2018 ◽  
Vol 11 (2) ◽  
pp. 41-51 ◽  
Author(s):  
I. Ya. Lukasevich
Keyword(s):  
Corporate Finance ◽  
Digital Economy ◽  
Real Sector ◽  
The Real ◽  
Objective Information ◽  
Advantages And Disadvantages ◽  
Russian Economy ◽  
The Subject ◽  
Business Financing ◽  
Made In

The subject of the research is new tools for business financing using the initial coin offering (ICO) in the context of the development of cryptocurrencies and the blockchain technologies as their basis. The purpose of the work was to analyze the advantages and disadvantages of the ICO in comparison with traditional financial tools as well as prospects, limitations and problems of using digital financial tools. Conclusions are made in relation to possibilities, limitations and application areas of digital business financing tools, particularly in the real sector, taking into account the specifics of the Russian economy and legislation. It is shown that the main problems of using the digital financial tools are related to the economic sphere and caused by the lack of adequate approaches to evaluation of assets as well as the shortage of objective information. The problems and new tasks of corporate finance in the digital economy are defined.

Determinants of Abuse of the Bodies of the Dead

2019 ◽  
pp. 71-77
Author(s):  
Margarita Khomyakova
Keyword(s):  
Low Income ◽  
Criminal Code ◽  
Value Judgments ◽  
Legal Norms ◽  
Low Level ◽  
Medical Institutions ◽  
Specific Object ◽  
The Subject ◽  
The Dead ◽  
High Level

The author analyzes definitions of the concepts of determinants of crime given by various scientists and offers her definition. In this study, determinants of crime are understood as a set of its causes, the circumstances that contribute committing them, as well as the dynamics of crime. It is noted that the Russian legislator in Article 244 of the Criminal Code defines the object of this criminal assault as public morality. Despite the use of evaluative concepts both in the disposition of this norm and in determining the specific object of a given crime, the position of criminologists is unequivocal: crimes of this kind are immoral and are in irreconcilable conflict with generally accepted moral and legal norms. In the paper, some views are considered with regard to making value judgments which could hardly apply to legal norms. According to the author, the reasons for abuse of the bodies of the dead include economic problems of the subject of a crime, a low level of culture and legal awareness; this list is not exhaustive. The main circumstances that contribute committing abuse of the bodies of the dead and their burial places are the following: low income and unemployment, low level of criminological prevention, poor maintenance and protection of medical institutions and cemeteries due to underperformance of state and municipal bodies. The list of circumstances is also open-ended. Due to some factors, including a high level of latency, it is not possible to reflect the dynamics of such crimes objectively. At the same time, identification of the determinants of abuse of the bodies of the dead will reduce the number of such crimes.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

THEORETICAL AND METHODOLOGICAL PRINCIPLES OF CASH FLOWS OF ENTERPRISES

2017 ◽  
Author(s):  
Roman Greshko ◽  
◽  
Violetta Kharabara ◽  
Olena Tretyakova ◽  
◽  
...  
Keyword(s):  
Cash Flow ◽  
Cash Flows ◽  
Management Policy ◽  
Flow Management ◽  
Financial Investment ◽  
Cash Flow Management ◽  
Goods And Services ◽  
Methodological Approaches ◽  
Conducting Research ◽  
Methodological Principles

Efficient management of cash flows of the enterprise provides predict activities in a modern organization. The issue of ensuring balancing and synchronization of outflow and inflow of cash and their equivalents is important for any enterprise. The urgency of the study greatly increases in conditions of complex economic processes that create significant risks and difficulties in conducting a balanced cash flow management policy. The purpose of this study is to substantiate the theoretical and methodological principles of management of cash flows of the enterprise, which provides for the determination of the content of the concept of cash flows, their types and classification, as well as the formulation of methodological approaches to the management of cash flows of the enterprise. The theoretical basis for conducting research is the work of domestic and foreign scientists who studied the issue of managing the cash flows of the enterprise. In the course of the study of theoretical and methodological bases of management of cash flows of the enterprise, economic content and value of cash flows of the enterprise are determined. In the course of studying the approaches of various scholars, the proper definition of cash flows, which characterizes them as the receipt and payment of highly liquid assets of the enterprise within the framework of financial, investment and current activities of the enterprise, is formulated in order to ensure uninterrupted production, sales and other work, which leads to a change in the amount on the current account in the bank and the balance in the box office. Also in the article, methodological approaches to managing cash flows of enterprises that provide for quality accounting and collection of information on funds, analysis of preliminary management experience, substantiation of optimization measures, drawing up a payment calendar for the next year, control over the implementation of a substantiated cash flow management policy. Measures are determined to balance cash flow due to leasing, use of leasing, buying, emission or sale of corporate bonds or other securities, changing the policy of selling goods and services.

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