scholarly journals Newest factors in economic development and labor law reform problems

2019 ◽  
Author(s):  
V. Zhernakov
Keyword(s):  
Economic Development ◽  
Public Relations ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
Radical Innovations ◽  
Stage Of Development ◽  
Labor Legislation ◽  
The Social

Problem setting. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the draft Law “On Labor” caused significant changes not only in the mechanism of regulation of social and labor relations, but also in the subject and system of labor law. By this, the liberal model of the economy is extended to relations in the sphere of labor, and labor itself is unreasonably regarded as a procedure for engaging in work on the basis of individual employment contracts. However, some of the legal mechanisms proposed in the project contradict international labor standards. Target of research. Based on the doctrine of the system of relations in the social-legal sphere and generally accepted legal codifications, it is necessary to research the mechanism of updating the labor legislation proposed by the Cabinet of Ministers of Ukraine. Object of research. Public relations in the sphere of labor and mechanism of systematization of labor legislation. Analysis of recent researches and publications. Issues related to the reform of labor law, which has been going on for many years, have been researched by leading scholars in the field of labor law. Among them are: Amelicheva L.P., Burak V.Y., Zhigalkin P.I., Pylypenko P.D., Prylypko S.M., Simorot Z.K., Silchenko S.O., Simutina Ya. V., Khutoryan N.M., Chanisheva G.I., Yaroshenko O.M. and many other scientists. In their works the substantive moments of the development of labor legislation are analyzed, but they do not affect radical innovations in the legislative activity of the Cabinet of Ministers of Ukraine. Article’s main body. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the bill (draft Law) “On Labor” (registration No. 2708 of 28.12.2019) introduces radical changes in the mechanism of regulation of social and labor relations. They require scientific reflection and the formation of approaches to solve the complex problems facing the labor law community. The article analyzes the processes and problems in the reform of the labor legislation. On the basis of researches of scientists-economists, lawyers of different specialties the author’s vision of the situation is formed; the most important problems that need to be solved at this stage of development of the social and labor sphere are singled out. The main shortcomings of the draft Law of Ukraine “On Labor” are indicated and the ways of their solution are overcome. Conclusions and prospects for the development. To the common factors of economic development (globalization, European integration processes) that influence the formation of the legal mechanism of regulation of relations, formed in recent years in Ukraine, were added such realities as the spread of non-standard forms of employment, liberalization of economic processes. If new forms of employment are objective realities that require awareness and appropriate legal regulation, then the implementation of the liberal model in the economy as a whole and in the regulation of social and labor relations in particular is subjective. It can worsen the human rights situation in the social and labor sphere. The process of reforming labor law must be consistent with the systematic nature of legal regulation and professionalism in the preparation of regulations. The Government’s draft Labor Law cannot be recognized as being in accordance with the above requirements.

Features of legal regulation of labor relations regarding the implementation of legal guarantees

2021 ◽  
Author(s):  
M. Pyzhova
Keyword(s):  
Public Relations ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
Independent Form ◽  
Single Method ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

Problem setting. The implementation of the norms of a particular branch of law can occur only in the relations that constitute its subject, thus transforming these relations into legal relations. Labor law is no exception. In this regard, the rules on guarantees must be considered in terms of implementation in relations that are part of the subject of labor law. Note that the relations that are the subject of labor law are governed by special methods that form a single method of this branch of law. This, in turn, gives rise to the assertion that an additional circumstance that allows to include the relations included in the subject of labor law to an independent form, is the possibility of applying to these relations methods of legal regulation characteristic of the method of this branch of law. This approach should be used in relation to the provision of guarantees and compensation, the inclusion of which in the subject of labor law as a separate type is not excluded. To do this, we highlight the main methods of legal regulation proposed by the science of labor law, which characterize the method of this branch of law. Analysis of recent research. The works of many labor scientists, in particular: N. Bobrova, M. Vitruk, D. Karpenko, T. Markina, P. Nedbayl, K. Urzhinsky, are devoted to the study of guarantees in labor law. V. Skobelkin, O. Smirnov, N. Stolyar, L. Surovskaya, O. Yaroshenko and others. Target of research is to consider the relationship between the methods of legal regulation of the method of legal law for the provision of guarantees and compensation. Article’s main body. The article covers the issues of legal regulation of labor relations for the implementation of legal guarantees. The peculiarities of the method of legal regulation are described. It is indicated how the methods of legal regulation of the method of labor law relate to the relationship of providing guarantees and compensations. It is concluded that the regulation of relations on the provision of guarantees and indemnities takes place using special methods that are not used in relations that are the subject of labor law. Conclusions and prospects for the development. Thus, the characteristics of the method of labor law, in terms of the possibility of applying its methods to the relationship of guarantees and compensation allows us to draw the following conclusions: the method of labor law is a special combination of ways to influence the rules of law on public relations. The regulation of relations for the provision of guarantees and compensation is using methods that determine the method of labor law. At the same time, the regulation of relations on the provision of guarantees and indemnities also takes place using special methods that are not used in relations that are the subject of labor law. This fact determines the specifics of their intended purpose and indicates the presence in the system of labor law of an independent legal institution – the institution of guarantees and compensations.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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 Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

scholarly journals Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

2021 ◽  
Vol 81 (2) ◽  
pp. 136-143
Author(s):  
S. M. Bortnyk
Keyword(s):  
Preventive Measures ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Definition Of ◽  
The Relationship ◽  
Legal Measure

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

scholarly journals Opportunities and Challenges of Labor Law Construction under the Background of Supply-side Reform

2021 ◽  
Vol 235 ◽  
pp. 02044
Author(s):  
Zhijie Yu
Keyword(s):  
Cloud Computing ◽  
Social Development ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Use Of Resources ◽  
Big Data Applications ◽  
The Social ◽  
Law Construction

In the context of global economic integration, the driving force to promote social development has shifted quietly. In the era of knowledge economy, the emergence of cloud computing and intelligence industries has solved the problems of high costs of IT in the past, strengthened artificial intelligence and big data applications, enhanced the efficiency of the use of resources in the entire process of the industry, and promoted industrial integration and upgrading. In the construction of the labor rule of law, the current background of our country needs to be taken into account and intellectual technologies such as cloud computing can be applied to improve the “Labor Contract Law” and maintain harmonious and stable labor relations. The role of human resources should be given full play in the social development process to solve the current problems such as the lack of flexibility in labor relations, the deviation of the public’s perception of labor law, and the imbalance of legal regulation, so as to accelerate our economic development.

scholarly journals Violation of the norms or state’s standards by domestic employers in the sphere of professional classification

2009 ◽  
Vol 29 (2) ◽  
pp. 108-115
Author(s):  
S. V. Melnyk ◽  
◽  
О. М. Nosikov ◽  
Keyword(s):  
Economic Development ◽  
Social Responsibility ◽  
Labor Law ◽  
Domestic Sphere ◽  
Labor Legislation ◽  
The Social ◽  
Socio Economic Development ◽  
Post Industrial ◽  
Ukrainian Society ◽  
Social Labor

At the post-industrial stage of socio-economic development of the Ukrainian society, complicated processes in the domestic sphere of labor which concern one of its main constituents, namely the professional structure, manifest themselves. Public hopes for that the social responsibility for the compliance with norms of the labor law will be taken by employers were not realized. This is also confirmed by the practice of the state’s supervision over the compliance with the labor legislation, whose progressive methods are based on the developments of scientists of the social-labor sphere.

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