scholarly journals Foreign Experience and Current Legal Prospects Related to the Termination of a Labor Contract on the Initiative of an Employee and Agreement of Parties

This article studies foreign experience (France, Germany, Great Britain, USA, Japan, CIS) and current legal prospects related to the termination of the labor contract on the initiative of an employee and with the agreement of parties. The research analyzes the international standards and mechanisms in termination of the labor contract, legal regulations of termination of the labor contract on the initiative of an employee and with the agreement of parties in foreign countries. This legal institution is of great importance in the CIS, and it differs from the European model of contractual regulation of labor relations. The issues in the Republic of Uzbekistan dealing with a draft, amendment, termination of an employment contract have been investigated, and a number of proposals and recommendations to improve the legislation have been developed

Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.


2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.


2018 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Yerzhan Maratovich KHAKIMOV

The article is devoted to a study of administrative and legal enforcement actions against violators of road safety (RS) laws used in the Republic of Kazakhstan and some foreign countries. The aim of the present article is to analyze ways of bringing to justice the perpetrators of traffic offences in the national legislation of Kazakhstan and some foreign countries, to assess their effectiveness and the possibility of using foreign experience in the national legal field. The article examines the foreign organizational and legal experience in the application of administrative responsibility for violators of RS laws and the administrative regulations of Kazakhstan; the conclusions have been made, and the recommendations for further improvement of measures to bring to justice violators of RS laws have been given. The author subjects the use of the fine as the main mechanism for bringing to justice perpetrators of the traffic violations to fair criticism. Based on the study of normative materials on administrative law and the experience of foreign countries in counteraction to RS violations, the author suggests ways to eliminate causes and conditions for committing traffic safety violations and formulates the proposals for further improvement of the administrative legislation of the Republic of Kazakhstan, in particular, excluding the prevarication when using the data of photo and video fixation of traffic offences. The main provisions and conclusions of the article can be used in scientific and practical activities in addressing the issues of law violation prevention, the comparative characteristics of the norms of responsibility for RS violations of Kazakhstan and foreign countries laws, and in the subsequent reform of statutory regulations on administrative offences.


REPORTS ◽  
2019 ◽  
Vol 2 (324) ◽  
pp. 197-202
Author(s):  
Zara Zhukova ◽  
◽  
Olesya Miroshnikova ◽  
Ekaterina Bryzgalova ◽  
Marzhan Myrzakhanova ◽  
...  

Author(s):  
Palvanov Izzat Turaevich ◽  

This article is aimed at covering foreign experience in the introduction of probation and testing institutions as an alternative in the criminal punishment system, and at the same time to investigate the theoretical issues of this criminal legal relationship. In his research, the author emphasized mainly the issues of the use of probation and probation as an alternative instead of the prison sentence, and gave a comparative analysis of the practice of the Republic of Uzbekistan and foreign countries in this field and substantiated conclusions and significant proposals.


2021 ◽  
Vol 58 (1) ◽  
pp. 4564-4580
Author(s):  
Odiljon Sulaymanov, Jurabek Rasulov

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.


Author(s):  
I. A. Imanbay

The article considers the foreign experience of financial regulation of small and medium-sized businesses. Given the entry of the Republic of Kazakhstan into the world economy, the development of small and medium-sized businesses in the country will lead to active participation and assistance from the state. That is, in many countries today, much attention is paid to addressing issues related to the stability and efficiency of small and medium-sized enterprises. Therefore, it is of particular interest to study the experience of foreign developed countries in supporting the development of small and medium-sized businesses. Taking this knowledge into account, it is necessary to determine measures and prospects for improving this area of activity in the Republic of Kazakhstan. The EU has a well-established infrastructure for supporting small and medium-sized businesses, for example, all EU member states have a well-developed network of both public and private financial regulation organizations for the development and support of small and medium-sized businesses. In the countries under consideration, many of the same features of state support systems can be noted. All this is due to the influence of globalization processes and the activity of organizations. In this regard, considering the experience of foreign countries is very important and most appropriate.


Author(s):  
A. Meliashchenia ◽  
T. Shakel ◽  
O. Kimoshevskaya ◽  
K. Shehidzevich

Based on the study of the experience of foreign countries in organizing the distribution of organic products, the main sales channels for organic products are systematized. Possible sales channels for organic products in the domestic market of the Republic of Belarus are proposed taking into account foreign experience.


2019 ◽  
Vol 4 (5) ◽  
pp. 188
Author(s):  
Mykhailo Markov ◽  
Oleh Yemets ◽  
Andrii Forostyanyi

The aim of the article is to analyse combating organized crime in the financial system of Ukraine and abroad; develop specific proposals to optimize the legislative provision of such activities on the basis of the study of positive foreign experience with a view to its further implementation into the relevant legal regulations of our state. The subject of the study is the interrogation of legal regulations of leading foreign countries that regulate the issue of combating organized crime in the financial sphere, the principles of the activities of these countries’ respective organizations aimed at counteracting organized crime in the financial system, as well as state mechanisms for countering organized crime in the US financial system, European and other countries. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to formulate the definition and determine the essence of the subjects in the system of combating crime, as well as mechanisms of anti-shadowing of the Ukrainian economy. The normative-dogmatic method enabled to interpret the content of legal regulations of domestic legislation that regulate the issue of organized crime in the financial system. The comparative legal method enabled to compare doctrinal approaches to the issue of organized crime in the financial system of Ukraine and abroad. The same method was used to analyse legislation of foreign countries regarding the issue under the study. Methods of analysis and synthesis enabled to study individual units of the institute of organized crime in the financial system. The sociological method was used to evaluate the results of the survey, conducted among employees of the National Police of Ukraine, on the need to take into account foreign experience in counteracting organized crime in the financial system. The method of legal modelling allowed making proposals regarding the improvement of the institute for combating organized crime in the financial system of Ukraine. Practical implications. The analysis of foreign experience of police activity, as well as special bodies and organizations, in combating organized crime in the financial system, carried out on the basis of a comparative legal study of principles, provided for in the international legal documents and their use in the police activities of democratic states, determined the expediency of their implementation in the police activities of the bodies of the National Police of Ukraine. Relevance/originality. The study proved that the legal basis for combating organized crime in the financial system of the examined states is the constitution and national laws, as well as specialized legal regulations, which define the status, rights and duties, the responsibility of employees of special subjects in combating organized crime in the financial system. In addition, in foreign countries, competencies are clearly distributed between national and special authorities to exclude duplication of powers. In view of the proved necessity of creating an effective system of counteraction to organized crime in the financial system of Ukraine, positive foreign experience implementation can become the driving force to strengthen the rule of law and legal order in our state.


1970 ◽  
Vol 17 (3) ◽  
Author(s):  
Iryna D. Malytska

In the article the place occupying by information and communication technologies in secondary school of foreign countries is analysed. It is based on the researches which were carried out by the leading international organizations of EU and the Great Britain. The attitude of teachers to creativity development of pupils is shown; weaknesses in the course of ICT use, which have been stipulated by teachers are designated; statistical data concerning a professional level of teachers on ICT according to the Summery analytical report 2009 made British association BESA are cited.


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