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.

LEGAL REGULATION OF CYBERSPORT IN RUSSIA AND ABROAD

2019 ◽  
pp. 88-93
Author(s):  
M.V. Demchenko ◽  
A.D. Shvedova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
The World ◽  
Legislative Regulation ◽  
The Status ◽  
World Level

The article deals with the legal status of eSports in the Russian legislation. The necessity of determining the status of eSports in Russian legislation is logically and economically justified, recommendations are given to Russian legislation. An analysis of the legal regulation of activities related to the organization and holding of competitions in e-sports at the world level is given. A comparison of the legislative regulation of the industry of eSports in Europe, Asia and America is presented.

FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION

2021 ◽  
Vol 17 (4) ◽  
pp. 121-128
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Child Labor ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Labor Rights ◽  
Modern Period ◽  
Labor Legislation ◽  
The World ◽  
The Relationship

The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.

scholarly journals Secondment of the Employees' Labor (Personnel's s Labor) as an Atypical Form of Employment

Lex Russica ◽  
2019 ◽  
pp. 63-73 ◽  
Author(s):  
N. V. Chernykh
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Atypical Form ◽  
Financial Responsibility ◽  
Collective Rights ◽  
Employment Agency ◽  
The Status ◽  
The Russian Federation ◽  
Atypical Employment ◽  
Traditional Approaches

The article considers legal relations arising between the employee, the primary employer and the seconding employer when a secondment agreement is made to provide staff (personnel) and when the employment contract is made between the employee and the seconding employer represented by a private employment agency. It is noted that secondment of staff (personnel) is one of the legalized forms of atypical employment in the Russian Federation, the author considers peculiarities of such relations. The author discusses the problem of “precarization” of employees’ labor temporarily sent to the secondment employer, considers the mechanisms of protection of workers from deterioration of their legal status and determines inefficiency of such mechanisms. The paper considers the issues related to 1) modification of traditional approaches to regulation of labor relations with employees temporarily sent to another entity performing the functions of the employer; 2) the problems of implementation of collective rights of workers; 3) the refusal to use traditional mechanisms of bringing employees to disciplinary and financial responsibility; and 4) the “splitting” of the status of the employer between the primary employer and the seconding employer.

scholarly journals LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

Social Law ◽  
2019 ◽  
pp. 87-92
Author(s):  
D. Sirokha
Keyword(s):  
Trade Unions ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Local Regulation ◽  
Legal Norms ◽  
The Status ◽  
Local Norms ◽  
Legal Forms ◽  
Stable Employment

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

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 Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals Socio-economic burden of pulmonary hypertension: relevance of assessment in Russia and the world

2020 ◽  
Vol 92 (3) ◽  
pp. 125-131
Author(s):  
V. D. Zakiev ◽  
A. D. Gvozdeva ◽  
T. V. Martynyuk
Keyword(s):  
Pulmonary Hypertension ◽  
Economic Burden ◽  
Policy Development ◽  
Premature Death ◽  
Legal Regulation ◽  
Regional Budget ◽  
The World ◽  
The Status ◽  
Life Threatening ◽  
Drug Provision

Pulmonary hypertension (PH) is a progressive disease which is characterized with the increase of pulmonary artery pressure and pulmonary vascular resistance. Such condition leads to right ventricular heart failure and premature death of patients. Pulmonary arterial hypertension (PAH) has the status of an orphan disease. However in Russia only idiopathic PH is included in the list of 24 life-threatening and chronic progressive rare diseases, while other forms of PH are not in it. Inclusion in this list guarantees drug provision for patients at the expense of the regional budget, while patients with other forms of PH can rely on free medication only if they have a disability. The lack of criteria for revising this list as well as the imperfection of legal regulation in the field of drug support for orphan diseases leads to high disability, a significant decrease in the duration and quality of life of patients with PH. As part of a multicriteria approach, a clinical and economic analysis of the disease burden can be one of the tools for policy development and decision-making on the distribution of funding in the healthcare. The article provides a review of the economic burden of various forms of PH in the world.

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