New approaches to legal regulation and organisation of labour in Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 169-178
Author(s):  
Serhii M. Gusarov ◽  
Kostiantyn Yu. Melnyk
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
Remote Work ◽  
Actual Problem ◽  
The Sustainable Development ◽  
Labour Relations ◽  
New Approaches ◽  
Current State ◽  
General Scientific ◽  
Definition Of

It is noted that the issues of introducing new approaches to the organisation of labour of employees are acute on the agenda today. The conventional approach, when the vast majority of employees in Ukraine worked at workplaces within enterprises, institutions, organisations, taking into account the quarantine restrictions introduced in 2020, ceased to correspond to the modern realities. Modernity requires the development of the telework. The paper provides a scientific study of the actual problem both for the science of labour law and for rule-making activities regarding the current state and trends in the legal regulation of remote work in Ukraine. The relevance of the study is conditioned by the importance of remote work for the sustainable development of the national economy and the state, as well as ensuring the interests of employees and employers in modern conditions. The purpose of the study is to provide scientifically sound conclusions and suggestions for improving the legal regulation of remote work in Ukraine. Using general scientific and special methods of scientific cognition, the study considers the essence of remote and home work; the provisions of the Labour Code of Ukraine are compared with the provisions of the Draft Law of Ukraine No. 4051 “On Amendments to Certain Legislative Acts On Improving the Legal Regulation of Remote Work” dated September 04, 2020 and the Draft Labour Code of Ukraine. A general conclusion is made regarding the need to develop and adopt a modern comprehensive regulation in the field of labour – the Labour Code of Ukraine, which makes provision for a separate structural division (for example, a book) covering the specific features of regulating labour relations of certain categories of employees, within which a chapter should be placed with the title: “Features of Regulating Labour Relations of Employees Engaged in Remote Work”. The articles of such a chapter should make provision for the definition of remote work, the specifics of concluding, changing, and terminating an employment contract on remote work, the features of working hours and rest times of employees engaged in remote work, the features of labour protection of employees engaged in remote work, guarantees of labour rights of employees engaged in remote work

POTENTIAL OF BANK CURRENCY TRANSACTIONS WITH CRYPTOCURRENCY IN RUSSIA

2021 ◽  
Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова
Keyword(s):  
Russian Federation ◽  
Banking System ◽  
Legal Regulation ◽  
Actual Problem ◽  
Digital Currency ◽  
Russian Economy ◽  
The Russian Federation ◽  
Definition Of

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals THE CONCEPT OF LEGITIMATE ECONOMIC INTEREST

2019 ◽  
Vol 4 (5) ◽  
pp. 175
Author(s):  
Tymur Loskutov ◽  
Sergey Miroshnychenko ◽  
Rostyslav Lemekha
Keyword(s):  
Scientific Research ◽  
Legal Regulation ◽  
Economic Interest ◽  
Economic Choice ◽  
Legitimate Interest ◽  
Important Means ◽  
General Scientific ◽  
General Meaning ◽  
Definition Of ◽  
Simple Economic

The purpose of the article is to define the concept of legitimate economic interest. The desired result of scientific research is achieved through the following tasks: the study of theoretical representations in relation to economic interest and legitimate interest, the definition of the concept of legitimate economic interest. The subject of the study is the notion of legitimate economic interest. The methodology of the research is a set of general scientific and special methods of scientific knowledge, which using made possible to study economic interest and legitimate interest and made possible the emergence and disclosure of the concept of legitimate economic interest. As a result of the analysis of scientific views on the notion of economic interest, it is established that scientists do not include legal features, which confirm the legality and legitimacy of economic interest, in its content. The inclusion of legal features in the definition of economic interest causes the definition of the concept of legitimate economic interest. It is concluded that legitimate economic interest is reflected in the legislation and follows from its general meaning. It is a simple economic permit, which is guaranteed, to a certain extent, by state bodies, and is expressed in the economic aspirations and economic actions and relations of a person concerning the fact of using of a particular economic good on the basis of the implementation of economic choice, which result is to change the economic situation of the person. As well as, if necessary, this simple economic permit is expressed in seeking protection from the judicial authorities in order to satisfy their own economy’s needs, which do not contradict the public interests, the Constitution and laws of Ukraine, justice, reasonableness, fullness, objectivity, equality, competitiveness and other principles of law. The practical value of scientific research is to reveal the content of an important means of meeting economic needs within the framework of legal regulation. The originality of the research is manifested in the fact that the article attempts to combine signs of economic interest and legitimate interest in defining the concept of legitimate economic interest. This approach provided for the disclosure of the person’s economic aspirations in connection with the rules of law. The prospects for further development in the direction of the study of legitimate economic interest are determined, in particular, concerning the fact of its relation with economic law and peculiarities of realization.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

scholarly journals Digitalization of the migration sphere in the Russian Federation: state and prospects

2021 ◽  
pp. 118-132
Author(s):  
Svetlana Mikhailovna Popova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Project Approach ◽  
Scientific Methods ◽  
Current State ◽  
Migration Factor ◽  
Digital Transition ◽  
General Scientific ◽  
The Russian Federation ◽  
And Migration

This article is dedicated to the analysis of the current state of digitalization of the migration sphere in the Russian Federation. It is demonstrated that the implementation of modern digital technologies, as well as information technology tools into the mechanisms of migration governance (in a broader sense, digital transformation of the system of relations between migrants and accepting country) is objectively inevitable in the context of global digital transition and growing role of the migration factor for the economy. The goal of this research is to determine the political-legal factors and problems that impact digital transition in the migration sphere of the Russian Federation. For achieving the set tasks, the article employs general scientific methods and approaches, including comparative methods. The author provides a brief overview of coevolution of the migration situation and migration regulation in the Russian Federation for the period 2012–2021. It is noted that the goals, tasks and instruments of migration governance change along with the transformation of perception of the importance of migration factor for the Russian Federation and its role in solution of economic development objective. Based on the parallel consideration of political-legal decisions and practices of digitalization of the migration sphere, the author summarizes the current results and challenges. It is indicated that the project approach and advanced legal regulation contribute to the digital reforms in the migration sphere; however, in practice we can observe deceleration of the pace of reforms due to lack of coherence in actions and conceptual approaches. The key reason is that the basic acts that regulate modernization of the migration sphere in the Russian Federation are not the strategic planning documents.

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