scholarly journals TOWARDS IMPROVEMENT OF LEGISLATION IN THE FIELD OF PRIVATE EMPLOYMENT AGENCIES

Social Law ◽  
2019 ◽  
Author(s):  
О. Pohorelova
Keyword(s):  
Migrant Workers ◽  
Legal Regulation ◽  
International Standards ◽  
National Legislation ◽  
Employment Agency ◽  
Legal Standards ◽  
Conceptual Apparatus ◽  
Private Employment ◽  
Improvement Of Legislation ◽  
Employment Agencies

In the framework of the article topical issues that need improvement in the field of activity of private employment agencies were considered. Taking into account the increasing number of cases when people could find a job thorough such agencies, particularly, migrant workers. Proper legal regulation of the activity of such workers is needed and harmonize national legislation with international legal standards. Proposals for adoption of the Law of Ukraine «On private Employment Agencies» were introduced. Also, amendments to the legislation on licensing of such agencies were proposed. Ratification of ILO Convention No. 181 “On Private Employment Agencies” will allow for universal approaches to the functioning and development of employment agencies, while providing flexibility in conjunction with the protection of workers' rights, as international standards must be adhered to when engaging with employment agencies. Ratification of the aforementioned Convention should be accompanied by improvements in the legislation in the field, in particular the development and adoption of a separate Law of Ukraine “On Private Employment Agencies” must be drafted and adopted. The necessity of adopting a separate law is conditioned by a large number of issues that need to be addressed in the field of activity of private employment agencies and not overburdened by these provisions of the Labor Code (and subsequently the new Labor Code). This Law should bring to the foremost the conceptual apparatus, in particular, regarding the concept of employment lambs. It is necessary to define clearly the concept of employment agencies, to determine the list of services that such employment agencies can provide, in particular, to define the activities of agencies, to determine the possibility of charging for services by such employment agencies and to what extent the rights and responsibilities between an employer and a private employment agency. Also, legislation on licensing of such employment agencies needs to be improved, in particular, it is not necessary to provide for a procedure for licensing employment agencies operating in Ukraine.

scholarly journals International legal standards of advocacy in Russian environmental legislation

2021 ◽  
Vol 244 ◽  
pp. 12005
Author(s):  
Irina Kvach
Keyword(s):  
Oil And Gas ◽  
Legal Regulation ◽  
International Standards ◽  
International Treaties ◽  
National Legislation ◽  
Legal Reforms ◽  
Legal Standards ◽  
The North ◽  
Oil And Gas Fields ◽  
Conceptual Role

The article deals with conceptual questions of the role and place that international standards of advocacy take in the system of sources of advocacy in Russia. The author, relying on the decisions of the Plenum of the Supreme Court of Russian Federation, points out the priority importance of international standards and rules in matters of legal regulation of legal proceedings. Considering a significant array of international documents adopted within the framework of international organizations, including the Council of Europe, the author singles out those containing international standards of advocacy. The study of Russian national legislation through the prism of international standards of advocacy makes it possible to conclude that, as a result of prolonged legal reforms, the main fundamental provisions of national legislation have been brought into line with the requirements of international standards, but work in this direction has not yet been over. As a result, the author points out the conceptual role of international treaties as sources of advocacy. The findings became the basis for further author’s research of international standards, as a legal basis for the regulation of advocacy to protect the rights and freedoms of indigenous peoples of the north in the development of oil and gas fields on their ancestral lands.

Features of adaptation of the national punishment system to European standards

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko
Keyword(s):  
European Integration ◽  
Detailed Examination ◽  
Legal Regulation ◽  
International Standards ◽  
European Countries ◽  
Main Body ◽  
National Legislation ◽  
National System ◽  
European Legislation ◽  
European Standards

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

LEGAL STANDARDS OF THE INFORMATION SOCIETY

2018 ◽  
Author(s):  
Nataliia Varenia ◽  
◽  
Natalia Sheludiakova ◽  
Igor Ryzhov ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Legal Regulation ◽  
International Standards ◽  
Theoretical Interpretation ◽  
Legal Standards ◽  
Legal Ideology ◽  
Definition Of ◽  
The Individual ◽  
Concept Of Information ◽  
New Generation

The article is devoted to the analysis of the essence of the information society and the definition of the conceptual characteristics of its legal standards. The lack of a coordinated scientific position of the theoretical interpretation of the concept of information society is stated. Scientific positions are grouped into two groups: the first group of scientists positions the information society narrowly, by generalizing it with information as the main resource of social reality. Another group of scientists expand the concept, introducing a number of additional key features. It is concluded that the considered society reflects the tendency of a new round of evolution of the world development of civilized peoples, which is connected with modern information and telecommunication technological progress. It is proved that the legal regulation of relations in the information society is designed to develop basic standards for the functioning of such a society, the creation of appropriate conditions for a person to be in such a society. The search for optimal means and methods of legal regulation can not be simple and one-sided, as it is necessary to take into account the positive and negative trends in society. It is stated that the information society can represent significant benefits for the state and the individual citizen to protect the legal values of democracy, equality, non-discrimination. The characteristics of the manifestation of legal standards of the information society are considered, in particular: transformation of established constitutional institutions and change of their manifestation; modification of the legal ideology of society; conflict of national practice and unification of international standards; expanding the understanding of the concept of "subject of law"; the emergence of a number of new generation rights or the expansion of the elemental composition of an established system of rights.

The Employment Contract Revisited. Undocumented Migrant Workers and the Intersection between International Standards, Immigration Policy and Employment Law

2010 ◽  
Vol 12 (2) ◽  
pp. 193-214 ◽  
Author(s):  
Andreas Inghammar
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
International Standards ◽  
Solid Base ◽  
Access To Justice ◽  
Undocumented Migrants ◽  
Undocumented Migrant ◽  
Legal Representation ◽  
Employment Contract ◽  
Legal Standards

AbstractThis article considers recent legal developments on undocumented migrant workers, finds the acceptance of international legal standards unsatisfactory and argues that the private law rights derived from the “semi-legal” employment contract between the employer and the undocumented migrant worker generates a solid base for significant legal claims. It further monitors the promotion of the position of the undocumented migrant workers under recent EU law and calls for a refocusing on the employment contract in the reading of a relevant EC Directive, with a particular emphasis on the issue of access to justice for the migrant workers. The increased number of undocumented migrants who leave their countries of origin for reasons outside the scope of the asylum procedure, as well as the circumstances under which this migration is undertaken and the working conditions of these individuals in the host countries, have brought about legal activities from governments and institutions such as the EU. The aim has in general been to establish sanctions against employers of undocumented migrant workers, but a shift towards a compensatory, employee protective, attitude has recently emerged, both in EU legislation and in a broader perspective in US case law. The article concludes that such a development must be massively supported in relation to access to justice in order to fulfill the ambition. The poor legal position of the undocumented migrant workers is significantly connected to issues of legal representation, trade union participation and the threat of repatriation.

scholarly journals Human Rights and International Standards: Correlation between National and International Legislation

2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
International Standards ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Determining Factor

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

scholarly journals Regulation of the private employment agencies’ status as participants in relations in the field of non-standard forms of employment

Legal Ukraine ◽  
2019 ◽  
pp. 40-46
Author(s):  
Mytrytska Hanna
Keyword(s):  
Informal Economy ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Traditional Concept ◽  
Atypical Form ◽  
The World ◽  
The Status ◽  
Private Employment ◽  
Employment Agencies

The article is devoted to the study of the legal status of private employment agencies. International and European standards in the regulation of private employment agencies are analyzed. The status of private employment agencies in foreign countries as bodies that promote and secure employment of the population has been investigated. Mainly hermeneutic, statistical and functional research methods have been applied. the etiology of the emergence and revision of the traditional concept of labor relations during the collapse of the Soviet system and the beginning of the formation of market relations in the 1990s is investigated. It is established that during the first post-Soviet decade old legal norms of doing business remained; the informal economy flourished in real labor relations; the question of liberalization of labor law was raised at the beginning of the third millennium. In the economic situation, there is a growing demand for loan work. As a rule, such services are provided by representatives of multinational companies, national companies with complex organizational structure and well-established budgeting system, companies undergoing reorganization. According to expert estimates, about 100,000 people are currently employed in loan work in Ukraine, and in view of the new tax rules, this figure is expected to increase by at least half. At the same time, it is concluded that in addition to classical employment in modern Europe and in the world as a whole, there are other forms of employment, in particular its atypical form - borrowed labor (loan). Given the growing role of private employment agencies in the world, including in addressing unemployment, it is necessary to regulate much of the important conditions of borrowing that have been left out of Ukrainian law, which could adversely affect the level of protection of the rights and legitimate interests of workers. The conclusion is made about the expediency of improving the legal regulation of the status of private employment agencies and relations in the sphere of employment and in the national labor legislation of Ukraine.

scholarly journals FATF requirements on regulation of cryptocurrencies: problems of implementation into national legislation

2020 ◽  
pp. 1-19
Author(s):  
Veronika Andreevna Kinsburskaya
Keyword(s):  
Service Providers ◽  
Task Force ◽  
Legal Regulation ◽  
International Standards ◽  
Financial Assets ◽  
Federal Law ◽  
National Legislation ◽  
Explanatory Note ◽  
Financing Of Terrorism ◽  
Financial Monitoring

The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.

Combating corruption in the public sector: international legal standards and their implementation in the legislation of Ukraine

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Oksana Vaitsekhovska ◽  
Nataliia Iakymchuk ◽  
Yuri Shchokin ◽  
Nataliia V. Vorotina ◽  
Nataliia M. Korchak
Keyword(s):  
Public Sector ◽  
Public Procurement ◽  
International Standards ◽  
Budget Process ◽  
Association Agreement ◽  
National Legislation ◽  
Transparency International ◽  
The Public ◽  
Legal Standards ◽  
European Standards

Nowadays, one of the reasons for the ineffective fight against corruption in the budget system is certain discrepancies and inconsistencies between the legal components of the mechanism for countering this anti-social phenomenon. The lack of a clear definition of the limits of competence of participants in the budget process, discretionary powers in the distribution and expenditure of budget funds, conflicts in budget legislation, and the lack of real competition in the field of public procurement clearly form the main corruption risks for all participants in these legal relations. The purpose of the study was to analyse the international legal mechanisms for combating corruption and find ways to implement them in Ukrainian legislation. The development of the national anti-corruption policy of Ukraine in the public sector as a subject of international anti-corruption law is determined by a number of the following national and external factors: 1) Ukraine's accession to the universal and regional conventions on combating corruption, compliance with which constitutes the main prerequisite for Ukraine's entry into the global space; 2) Ukraine's implementation in national legislation of anti-corruption international standards developed by international intergovernmental and non-governmental organisations; 3) adaptation of national legislation to European standards within the framework of the signed association agreement between Ukraine and the EU of 2014; 4) cooperation of Ukraine with international organisations, within which the international anti-corruption policy is developed and formed; 5) activities in the field of combating corruption of international non-governmental organisations, among which Transparency International constitutes an important element of the legal mechanism of the international anti-corruption legal order; 6) Ukraine’s international anti-corruption obligations to international financial institutions; 7) Ukraine's participation in international conferences and summits on anti-corruption issues; 8) Ukraine's cooperation with other states in providing relevant bodies of foreign states and receiving information on preventing and combating corruption; 9) national historical and political factors.

Private Employment Agency Responses to the Physically Handicapped Applicant in a Wheelchair

1976 ◽  
Vol 7 (1) ◽  
pp. 12-21 ◽  
Author(s):  
Rosemary Johnson ◽  
Laird W. Heal
Keyword(s):  
Handicapped Person ◽  
Attitudes And Practices ◽  
Employment Agency ◽  
Private Employment ◽  
Physically Handicapped ◽  
Architectural Barriers ◽  
Employment Agencies

An investigation was conducted in January, 1975, to explore the attitudes and practices of counselors in private employment agencies in Dallas, Texas, toward the physically handicapped person in a wheelchair applying for the position of receptionist-typist. The finding of significant discrimination suggests that continuing attention should be given by the rehabilitation field toward removing architectural barriers, modifying attitudinal resistance on the part of employers, attacking the myth of increased costs, and exploring more ways of locating those companies willing to hire the handicapped.

scholarly journals Latvian Migrants in Foreign Labour Markets: Job Placement and Discrimination

2019 ◽  
pp. 97-115
Author(s):  
Aivars Tabuns
Keyword(s):  
Migrant Workers ◽  
Policy Development ◽  
Service Providers ◽  
Job Placement ◽  
Immigrant Workers ◽  
Employment Conditions ◽  
General Terms ◽  
Formal Employment ◽  
Private Employment ◽  
Employment Agencies

Abstract The majority of migrants from Latvia move abroad intending to work, and so fall into the category of ‘work migrants’. A crucial role in their job placement is played by an increasingly complex network of intermediaries. This includes formal employment agencies, more informal, social network-based mediators and even illegal service providers. Despite the agencies providing job placements abroad being subject to regulations, fraud and the mistreatment of jobseekers has emerged as a cause for concern. Even when there is no ill will from the intermediaries, immigrant workers often suffer discrimination from their employers, sometimes leading to a re-evaluation of their return migration plans. This chapter explores the employment conditions of Latvian migrant workers. It analyses the operation of private employment agencies offering employment abroad and, in more general terms, sheds light from the Latvian migrant workers’ perspective on their treatment by employers. In doing so, this analysis demonstrates that almost a fifth of those respondents who used the services of private employment agencies had experienced unfair treatment. Moreover, at least one in three Latvian migrant workers encountered some form of discrimination at work, and around one in six were in a precarious and vulnerable position due to the nature of their employment contract. The chapter concludes with recommendations for further studies and policy development.

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