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.

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.

scholarly journals ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ

2020 ◽  
pp. 74-79
Author(s):  
М. В. Власенко
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Performance ◽  
Administration Of Justice ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
Qualified Work

The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.

Legal positions of the supreme court in cases on division of labor and civil relations

2020 ◽  
pp. 29-34
Author(s):  
D. Kutomanov
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Point Of View ◽  
Specific Situation ◽  
Main Body ◽  
Systematic Assessment ◽  
The Supreme Court ◽  
The Subject

Problem setting. Of the large volume of cases before national courts, cases involving the distinction between labor and civil relations are of particular interest. Superficial familiarization with the practice of consideration of this type of labor disputes reveals the existence of conflicting enforcement approaches, sometimes contradictory to each other, which determines the need for a deeper understanding of the issues of disputes caused by such phenomena as concealment or replacement of labor relations. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, O.M. Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the specific number of court cases that are subject to the applicable rules of labor law are the two most common categories of cases through which the Supreme Court formulates legal positions on the distinction between labor and civil relations. The subject of the first category of cases are the demands of individuals on the recognition of relationships, formulated in the form of a civil contract labor. The subject of the second category of cases is disputes between employers and the State Service of Ukraine on labor issues on the recognition of illegal and the cancellation of prescriptions and resolutions of the state body. The analysis of the legal positions of the Supreme Court, formulated as a result of consideration of the above categories of cases, leads to the conclusion that the basic concept of the distinction between labor and civil relations, which is applied in the practice of the Supreme Court, is fully consistent with the doctrinal approach and is to determine the employment relationship, what relation, subject advocates the process of organization of work, not its result, with a further combination of the specified trait with other traits in each specific situation (duration of relationships, systematic the promptness of payment, the presence of signs of subordination, and others).. Conclusion. In the case of disputes related to the concealment of labor relations or their replacement through the conclusion of civil contracts with employees, the case-law proceeds from the need for a systematic assessment of the content of contracts concluded between the parties for the purpose of revealing in their terms direct or indirect signs of employment relations. The approaches taken by the Supreme Court to distinguish between labor and civil relations certainly enrich the law-enforcement practice and, given the binding status of its rulings, help to formulate uniform approaches to the interpretation and application of the provisions of current law.

scholarly journals On the Subject of Bribery in Education: Criminal Law and Criminalistic Aspects

2021 ◽  
Vol 2 ◽  
pp. 86-91
Author(s):  
E.V. Hristinina ◽  
Keyword(s):  
Criminal Law ◽  
Critical Reflection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Minimum Amount ◽  
Small Scale ◽  
The Subject ◽  
Points Of View ◽  
Relationship Of ◽  
The Relationship

The article analyzes the criminal-legal aspects of the subject of bribery, the problems of legal regulation of responsibility for receiving bribes and petty bribery committed in the field of education. The article considers scientific points of view regarding certain features of the qualification of receiving bribes and small-scale bribery committed in the field of education. The practice of determining the minimum amount of a pre-determined bribe is subject to critical reflection. The concept of a gift is distinguished from the criminally punishable receipt of a bribe. The article sub-stantiates the relationship of the subject of the bribe with the situation and method of committing the crime and the identity of the criminal.

Functions of legal guarantees in labor law: current issues

2021 ◽  
pp. 41-45
Author(s):  
Maryna Pyzhova Pyzhova
Keyword(s):  
Law Enforcement ◽  
Theoretical Study ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Main Body ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Problem Setting

Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.

scholarly journals Theoretical and legal aspects of the development and introduction of background and remote work in modern realities

2020 ◽  
pp. 56-62
Author(s):  
OLEKSANDR Yakovlyev ◽  
Maryna Vandzhurak
Keyword(s):  
Information And Communication Technologies ◽  
Labor Relations ◽  
Standard Form ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
New Production ◽  
Home Based ◽  
Home Work ◽  
The Impact

Problem setting. The authors were interested in such issues of labor relations as the distinction between the concepts of home and remote forms of employment by employees. Due to the global coronavirus pandemic and other global destructive processes caused by it. In Ukraine, typical changes are non-standard working hours, remote employment. There are no exact statistics on the number of people working remotely in Ukraine. But these processes in the field of employment already affect the social and labor sphere, because under their influence changes both the structure and content of social and labor relations. This work is devoted to the analysis of home and distance work, as well as the impact of globalization processes on them. Target of research. The purpose of the article is to the provide a comparative description of home-based work and telework, identify their common features and differences, which in turn will identify ways to improve existing legislation in the field of teleworking. Analysis of resent researches and publications. The following scientists were engaged in research of the specified issue: A. Ya. Bartkiv, N. M. Vapnyarchuk, I. Ya. Kiselyova, A. M. Kolota, A. D. Lukina, A. A. Morozova, I. I. Motornaya, M. I. Nanieva, O. A. Naumenko, S. M. Prilipka, A. V. Sardaryan, V. V. Yurovskaya, O. M. Yaroshenko. Article’s main body. A. M. Kolot defines the essence of remote employment and the fact that it is quite clearly defined as a non-standard form of employment, which is applied to the flexible social and labor relations between employee and employer and takes place in a virtual environment using information and communication technologies. S.M. Prilipko and OM Yaroshenko, internal labor regulations are the order of behavior and interaction between employees and the employer in the process of employment at a particular enterprise. In fact, this is the rule of law within the enterprise. In other words, the internal work schedule determines the organization and procedure of work, as well as the related rights and responsibilities of the employer and employees. Naumenko O.A. emphasizes that, the advantages of home-based work are that not being able to increase the wages of employees by the employer, he can encourage a convenient mode of work, which can compensate for the lack of material incentives and meet his needs more than additional funds. The opportunity to spend more time in a social environment, to have freedom in movement, location, choice of their rhythm of life, which provides home work, is more important than a high salary or a prestigious position. The main value of this definition is that homesteading acts as an additional form of employment and is of great economic importance. The development of this type of work allows to expand production, make fuller use of local resources and industrial waste without high costs for the construction of new production facilities and administrative and production staff. The development of home-based work is constrained by the lack of proper legal regulation of this area of activity. Conclusions and prospects for the development. Author think, this article will be useful both for novice scholars, as it contains many generalizations of theoretical material based on the work of many authors, and for experienced professionals in the field of labor law. Because the authors focus on many problematic issues related to remote and home work. It can serve as a springboard for scientists to further research, both the institutes of telecommuting and home labor, and labor law in general.

scholarly journals LEGAL INCENTIVES AND INCENTIVE LEGAL RELATIONS IN LABOR LAW

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Maryna L. Smolyarova ◽  
Keyword(s):  
Labor Relations ◽  
Real Life ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Legal Form ◽  
Legal Relationship ◽  
Legal Science ◽  
The Subject ◽  
Legal Forms

The article is devoted to the study of the main elements of the mechanism of legal incentives: legal incentives and incentive legal relations in labor law. Based on the analysis of works of domestic and foreign scholars on general theory of law and representatives of various branches of law, including labor law, the author emphasizes that stimulating legal relations are quite dynamic phenomena � they arise, change, cease. The dynamics of legal relations is associated with real life circumstances, which in legal science are called legal facts. Since the result of the action of legal incentives is the emergence of a socially active act, the legal facts can only act as lawful actions. Implementation of a legal incentive is a form of socio-legal activity of legal entities. Legal incentives also affect behavior indirectly � through consciousness and will, that is, what determines the behavior itself. Purposeful labor activity carried out with the help of legal incentives that affect the consciousness of the subject, and is the process of regulating the actual legal relationship. The subject of labor relations develops, first of all, the ideal model of his behavior, assessing the content of legal incentives, taking into account the current practice, anticipating the possible favorable consequences for him. In real behavior of the person the maintenance of stimulating legal relations is realized. The goal of the stimulating subject is achieved. It is emphasized that the stimulating legal relationship as a kind of labor relations has the following features: stimulating legal relations arise between the subjects of labor relations, it is the result of voluntary and conscious action of the employee; incentive legal relations arise, change or terminate only on the basis of legal incentives. Legal incentives generate a stimulating legal relationship and are directly realized through it; the subjects of stimulating legal relations are the bearers of subjective rights and legal obligations; stimulating legal relationship is characterized by such a quality as individuality, it identifies specific participants and determines the extent of their lawful behavior; stimulating legal relations are voluntary. For their emergence, it is not enough to have a legal incentive that includes the state will. The main thing is the manifestation of the will of its participants, as the stimulating legal relationship is realized, primarily through human consciousness; stimulating legal relations are especially protected by the state, which is directly interested in their effectiveness. Based on an in-depth theoretical analysis of existing views in legal science, the relationship between legal incentives and incentive legal relations in labor law is revealed. The process of stimulating employees from the point of view of its legal nature is analyzed. Emphasis is placed on the fact that the emergence and development of incentive legal relations is directly dependent on the mechanism of legal incentives. The mechanism of legal incentives is a complex systemic phenomenon, the components of which are formed as a mechanism of legal regulation - the main special legal form of legal influence, and non-legal forms of legal influence, which in some way from the internal characteristics of the person. It is emphasized that certain legal remedies, which are presented in the mechanism of legal incentives, do not affect the effectiveness of this mechanism and only in their totality and interaction, they ensure its effective operation.

scholarly journals Positive legal responsibility: general theoretical characteristics

2021 ◽  
pp. 21-25
Author(s):  
O.R. Dashkovskaya ◽  
V.O. Yavorsky ◽  
K.D. Bezsonova
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Illegal Behavior ◽  
State And Society ◽  
The Subject ◽  
Basic Approaches ◽  
The Relationship

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability. The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined.  The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions.  Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily.  It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.

The relationship of the scleractinian corals to the rugose corals

Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver
Keyword(s):  
Critical Points ◽  
Scleractinian Corals ◽  
Convincing Evidence ◽  
Early Triassic ◽  
Rugose Corals ◽  
History Of ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship ◽  
Biologic Factors

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.

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.

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