Problems of legal regulation of employee depression

2021 ◽  
pp. 30-34
Author(s):  
Julia BURNYAGINA
Keyword(s):  
Market Economy ◽  
Legal Regulation ◽  
Main Body ◽  
Socialist Society ◽  
Remuneration System ◽  
Bonus System ◽  
Pay System ◽  
The Right ◽  
To Receive ◽  
Problem Setting

Problem setting. When organizing an incentive-bonus system at the enterprise, along with determining the source of bonuses, indicators and conditions of bonuses, establishing the amount of bonuses and terms of bonuses, the grounds for depreciation of employees are established. Analysis of resent researches and publications. Most researchers who have studied bonuses have also paid attention to the problem of depressing employees. Among them A.Yu. Pasherstnik, O.D. Zaykin, S.S. Karinsky, R.Z. Livshits, OI Protsevsky, MI Kuchma, V.Ya. Gotz, P.D. Пилипенко, В.І. Prokopenko, VG Rotan and others. However, the problems that exist in this area determine the relevance of the topic, and their research - timely and practically necessary.Article’s main body. Due to the entry into the market economy, employers rejected almost everything that was proclaimed by the socialist society, although the principles of bonuses remained the same. If we look from the standpoint of compliance with the employee's right to timely and full payment, some approaches to bonuses should be found to violate the rights of the employee, especially the right to receive wages in full. We are talking about non-payment of bonuses for violation of labor discipline.Conclusions and prospects for the development. Each type of bonuses - conditioned and not conditioned by the system of remuneration - has its official purpose, which indicates its legal specificity. The bonuses set by the remuneration system include a clear system of guarantees for their payment, so they are more objective than other bonuses and meet the objectives of material incentives. Bonuses that are not determined by the pay system, leave more opportunities to encourage individual labor contributions of the employee, are more subjective.

scholarly journals Settlement of disputes upon termination of employment contract by agreement of parties

2020 ◽  
Vol 164 ◽  
pp. 11028
Author(s):  
Nina Semeryanova ◽  
Ilona Vasenina ◽  
Ibragim Aitov ◽  
Elizaveta Sedelnikova
Keyword(s):  
Job Search ◽  
Legal Regulation ◽  
Research Approach ◽  
Employment Contract ◽  
Severance Pay ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Right ◽  
Settlement Of Disputes ◽  
To Receive

The article discusses features of legal regulation of these legal relations, analyzes judicial practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, and deduction, comparative legal and formal legal methods. The authors conclude that termination of severance pay stipulated by the agreement on termination of the employment contract does not indicate its illegality. The employee must be guaranteed the right to receive financial support for the period of job search, as well as the fulfillment of a voluntary obligation by the employer. The absence of acts providing for compensation payments in the organization is not a reason for refusing to pay severance pay. The conclusion of an agreement on termination of an employment contract has several advantages, provided that the obligations undertaken by the parties are met in good faith.

Terms of service as a ground for establishment of ownership to virtual property

2020 ◽  
pp. 62-67
Author(s):  
Kateryna Nekit
Keyword(s):  
Property Rights ◽  
Main Body ◽  
Virtual Property ◽  
Judicial Practice ◽  
Legal Nature ◽  
Service Agreement ◽  
The Right ◽  
Mixed Agreements ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not to draw the attention of users to the presence of the contract in this relationship. Such agreements are generally placed as hyperlinks at the bottom of the page or are created as a step that the user must agree to during registration. On this basis, the question of the need to strengthen the protection of users’ rights as a weaker party to the contract, by analogy with consumer protection, is increasingly raised. Moreover, the possibility of considering a user agreement as a kind of contract is widely discussed. Analysis of recent researches and publications. Given the novelty of such a phenomenon as user agreement, today there are not many studies devoted to them, especially in domestic science. Among foreign researchers of the legal nature and specifics of user agreements can be mentioned K. Cornelius, L. Belli and J. Venturini, T. Romm, P. Randolph, M. Radin, A. Savelyev, N. Vlasova. Thus, there is a lack of domestic research on the legal nature of user agreements, so there is an urgent need for research in this area. Target of research is to study the legal nature of the user agreement and analyze the possibility of it to become a ground for legal relationships, in particular, a ground for establishment of ownership to virtual property. Article’s main body. The article analyzes the possibility of considering user agreements as potential grounds for the emergence of ownership to virtual property. The judicial practice to protect the rights of users of accounts and European approaches to the protection of user rights are analyzed in the article. The research data, which give grounds to speak about violation of user rights by user agreements are given. In turn, this gives reason to question the possibility of considering the user agreement as a kind of contract. However, the analysis performed allows us to conclude that it is possible to consider the user agreement as a mixed contract, which can potentially serve as a ground for the emergence of virtual property rights. Conclusions and prospects for the development. Terms of Service agreements should be considered as mixed agreements that contain elements of several agreements. In particular, in the context of the emergence of virtual property rights from such agreements, elements of the Terms of Service agreement should be distinguished, which determine the legal consequences for the virtual property created within the online platforms. In the doctrine, the concept of virtual property as a kind of property right is already quite common today, and this kind of right may well arise from the contract, which in this case may be the Terms of Service agreement. If the Terms of Service agreement is recognized as the ground for the emergence of virtual property rights, it is necessary to provide in it how the balance of interests of platform developers and users in relation to virtual property will be determined. Obviously, all the features of the implementation and protection of virtual property rights, cases of its restriction will be specified in the contract.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

Place of transfer pricing in the tax system

2021 ◽  
Author(s):  
Artem Kotenko ◽  
Mykola Mishyn
Keyword(s):  
System Analysis ◽  
Transfer Pricing ◽  
Legal Regulation ◽  
Main Body ◽  
Tax System ◽  
Local Taxes ◽  
Arm’S Length Principle ◽  
Definition Of ◽  
Problem Setting ◽  
Broad Approach

Problem setting. The approach proposed by the legislator to the definition of the tax system as a set of national and local taxes and fees in the procedure established by the TC of Ukraine, constitutes the tax system of Ukraine (para. 6.3 of Article 6 of the TC of Ukraine), raises the question of the place of transfer pricing in the tax system. If you approach the tax system as a set of taxes and fees, the transfer pricing is actually excluded from the tax system. Analysis of recent researches and publications. Among the scientists involved in the research of the tax system, it is possible to distinguish M. Kucheryavenko, D. Getmantsev, N. Pryshva, O. Barin and others. Some problems of legal regulation of transfer pricing were dealt with by M. Mishin, M. Bondarenko, K. Broyakov and others. The target of the research is to analyze and determine the place of transfer pricing in the tax system. Article’s main body. The article is devoted to determining the place of transfer pricing in the tax system. We propose our own view on the tax system. It is stated that a broad approach to understanding the tax system excludes contradictions laid down in para. 6.3 of Article 6 of the TC of Ukraine. Conclusions and prospects for the development. Transfer pricing involves the application of special methods for determining the compliance of the conditions of the controlled transaction with a certain criterion – the “arm’s length” principle, drawing up and submitting reports, exercising control and bringing to responsibility for violation of transfer pricing requirements. The legislative approach to the content of the tax system as an aggregate of taxes and fees actually excludes transfer pricing from the tax system. Instead, our proposed broad approach eliminates such contradiction.

scholarly journals New approaches to the definition of violation of tax legislation

2021 ◽  
pp. 75-81
Author(s):  
Oksana Makuch
Keyword(s):  
Legal Regulation ◽  
Tax Law ◽  
Main Body ◽  
Modern Approach ◽  
Regulatory Authorities ◽  
Tax Legislation ◽  
The Subject ◽  
Research Questions ◽  
Definition Of ◽  
Problem Setting

Problem setting. With the adoption of the Law of Ukraine "On Amendments to the Tax Code of Ukraine to improve tax administration, eliminate technical and logical inconsistencies in tax legislation" of 16 January 2020, many provisions of which entered into force on January 1. 2021, the approach to defining the concept of violation of tax legislation and the characteristics of its composition was changed. In particular, guilt is established as a mandatory feature of a tax offense, liability is established not only for taxpayers, but also for regulatory authorities and their officials (officials). Analysis of recent research. Questions about the nature of the tax offense, its composition and characteristics were the subject of research by such scientists as: P. Duravkin, D. Kobylnik, A. Kotenko, M. Kucheryavenko, R. Khanova. However, given the changing legislative approach to the definition of tax offenses and the characteristics of its composition, there is a need to study them. The purpose of the article is to consider the novelties of the tax legislation of Ukraine to determine the violation of tax legislation. Article’s main body. The article considers the modern approach of the legislator to the definition of the concept of violation of tax legislation and the characteristics of its composition. Emphasis is placed on the inexpediency of fixing only an intentional form of guilt in committing violations of tax law. Conclusions. It is noted that currently the legislator provides for two different legal mechanisms for compensation for damage caused to the taxpayer by officials of the controlling body. It is emphasized that such an approach is one of the manifestations of permissive rule in tax and legal regulation. The necessity of making changes to the Tax Code of Ukraine to improve the definitions of ongoing and repeated tax offenses is argued.

scholarly journals Exemption of a joint stock company from the obligation to provide information to a shareholder.

2020 ◽  
Vol 4 (3) ◽  
pp. 103-122
Author(s):  
Andrey V. Gabov
Keyword(s):  
Information Exchange ◽  
Legal Regulation ◽  
Joint Stock Company ◽  
Federal Law ◽  
Stock Company ◽  
Research Issues ◽  
The Law ◽  
Right To Information ◽  
The Right ◽  
To Receive

The subject of research. Issues concerning the exercise of the right of shareholders to receive information are analyzed. The focus is on the issues of exemption of a joint-stock company from providing information. The development of the institute of the information provision to shareholders by joint stock companies are consistently analyzed. The main trends in the development of this institute are shown: gradually narrowing the ability of shareholders to exercise their right to receive information through such means as restriction, differentiation and exemption from providing information. Special emphasis is placed on the institute of exemption from providing information. The purpose of the article is to show the main drawbacks of the existing model of exemption of a joint-stock company from the obligation to provide information to shareholders and to formulate directions for the development of legislation. The author's main scientific hypothesis can be summarized as follows. The Federal law «On joint-stock companies» contained an initial defect in the description of information exchange between a shareholder and a joint-stock company. The shareholder's right to information was not described, in fact, it was «embedded» in the obligation of the joint-stock company to provide information. The subsequent changes to the law resulted in a narrowing of the rights of the shareholder, practically depriving the minority shareholder of the right to information. This defect has led to significant legal uncertainty when the joint-stock company exercises its right to be exempt from providing information. This uncertainty should be eliminated, because the regulatory goals for granting joint-stock companies an exemption from the obligation to provide information to shareholders (article 92.2 of the Federal law «On joint-stock companies» that counters sanctions pressure) are absolutely correct. At the same time, some of the grounds for exemption from the obligation to provide information to shareholders (article 92.1 of the Federal law «On joint-stock companies») must either be excluded or reformulated. The author notes the complete «break» between the current regulation and the ideas about information exchange between a shareholder and a joint-stock company, that initially inspired the creation of the law on joint-stock companies. The inclusion of sanctions in the law on joint - stock companies as a factor affecting the performance by a joint-stock company of its obligation to provide information to shareholders should be fully welcomed. However, the legal and technical design of the corresponding political and legal idea cannot be considered optimal. In this part, the legislation requires a complete renovation based on the principle of balancing constitutional values and the interests of the state, majority and minority shareholders. Description of research methodology. The research is based on a systematic analysis, as well as the interpretation of Russian legislation and doctrine. Information about the main scientific results. The development of legislation on joint-stock companies in terms of providing information is shown. It is shown that if legislator taking into account sanctions when regulating the obligation of a joint-stock company to provide information, the goals of legislative regulation fully comply with constitutional principles, but specific legal decisions cannot be considered optimal. Conclusions. It is concluded that development of legislation on joint-stock companies has led to a significant restriction of the ability of shareholders to receive information. The author formulated the priority of regulatory goals in countering sanctions pressure and offered specific directions for improving legal regulation.

Problemic issues of legal regulation of the circulation of some types of options in Ukraine

2021 ◽  
Author(s):  
Ihor Tovkun ◽  
Ivan Shchehlakov
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
The Other ◽  
Main Body ◽  
European Options ◽  
Call Options ◽  
Asset Value ◽  
Definition Of ◽  
Problem Setting

Problem setting. In Ukraine, the use of options is increasingly frequent. Options attract both employee and employer, since it allows the employee to take part in the management of the company, and for the employer makes employees more motivated. A lot of IT-companies including EPAM, Ajax, Vimeo and others, have already used options. Nevertheless, legal regulation of options has many gaps. Target research. The main goal of this research is to define the concept of an option, its characteristics and types. To analyze the legal regulation and actual development of options in Ukraine. It also includes identification of problems of legal regulation of the circulation of some types of options in Ukraine. Analysis of recent researches and publications. Options and their market was the object of research of a large number of scientists, among which, Adamenko M. V., Voronchenko O. V., Kashubina Yu. V., Kolosovsky D. V., Pidvysotsky Ya. V., Shulga N. P. and others whose doctrinal developments provide an important theoretical basis for studying the nature and essence of options and its role between other securities. Article’s main body. The definition of an option was identified in the article. It was determined, that an option is a type of secuirities that entitles one party to purchase (sell) a certain asset during the option’s period or at a specific date, and the other party to sell (buy) the asset. It was researched that there are such types of options like put- and call- options, american and european options. Legal regulation and practical using of options in IT-sphere were analysed. The next problems in option using was discovered: high asset value, short terms, difficulty in buying securities and receiving dividends, difficulty in understanding how to use options and others. Conclusions and prospects of development. Legal regulation of options has many gaps and problematic issues that are related to the difficulty of understanding the mechanism of the option, the lack of guarantees, the impossibility of buying an asset, which makes the option ineffective. In this way, there is a need to improve the legal regulation of options circulation, including in matters of vesting, which would ensure guarantees of the rights of option owners and its effectiveness as a tool for attracting investment and increasing the motivation of employees.

Elements of the special budget fund: the experience of Ukraine

2021 ◽  
pp. 82-89
Author(s):  
Kateryna Tokarieva
Keyword(s):  
Vertical Structure ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Stage Of Development ◽  
Special Fund ◽  
The Subject ◽  
State And Local ◽  
Problem Setting ◽  
State Fund

Problem setting. The budget has a horizontal and a vertical structure. Yes, Art. 9 and 10 of the Budget Code of Ukraine stipulate that the relevant budget includes revenues and expenditures of the latter. According to Art. 13 of the same Code, the components of the budget are general and special funds, i.e. the legislator establishes the vertical structure of the budget (both state and local) [2, p. 49]. Analysis of recent research. The study of the vertical structure of the budget, components of its special fund at one time were the subject of research by such scientists as: V. Demyanyshyn, O. Dmytryk, N. Nechyporuk, V. Pihotsky and others. At the same time, at the present stage of development of budgetary legal relations in Ukraine, this issue remains out of the attention of scientists. Thus, the purpose of the article is to analyze the legal regulation of the elements of the special fund of the budget. Article’s main body. The article focuses on the consideration of the components of the special budget fund. It was emphasized that now more than ten funds are allocated as part of the special fund, which include such as: the State Road Fund, the State Fund for Radioactive Waste Management, the State Fund for the Development of Water Resources, etc. The analysis of the legal regulation of each of the above funds as components of a special fund budget. Conclusions and prospects for the development. Based on the analysis, we state that in the current conditions of development of budgetary and legal relations there is a need to make certain changes to the current budget legislation to improve its quality and unanimity of law enforcement. In particular, in the context of legal regulation of the components of the special fund of the budget it is necessary to: clearly define the procedure for selecting projects (areas) that will be financed from the relevant fund; apply measures of budgetary and legal influence for misuse of the fund, as one of the features of the elements of the special fund of the budget is the presence of a clearly defined purpose.

scholarly journals Paradoxical nature of the consciential wars

2021 ◽  
pp. 96-103
Author(s):  
Svetlana Kachurova ◽  
Eugene Kachurov ◽  
Yuriy Pokhodzilo
Keyword(s):  
Point Of View ◽  
Main Body ◽  
Level Of Consciousness ◽  
History Of ◽  
Classical Philosophy ◽  
Absolute Identity ◽  
The Right ◽  
Modern War ◽  
Controversial Nature ◽  
Problem Setting

Problem setting. Consciously or unconsciously, but being not so much psychologists or sociologists, how many political technologists, supporters of this concept mythologizing nature as consciousness in general, and its national form in particular. In view of this, the purpose of this article is revealed due to a decrease in the degree of social tension, which is generated by such myths. For its achievement, the experience of German classical philosophy is used. Article’s main body. The article investigates the thesis regarding the consolidation of modern wars, which is relevant in the present conditions. It is emphasized that the creators and supporters of this concept claim precisely about the war on defeat (destruction) of consciousness. It is emphasized that an excellent characteristic is the controversial nature of such conflicts – the fact that they are confronting one of all. In the course of the study, it was found that the interpretation of these wars, as not having a particular opponent (without an enemy), really has the right to exist, but not in the conditions of modernity, but according to world history. Conclusion. The modern war is really conducted, only not at the level of consciousness (the most difficult ones, as we have seen, shaped spirit). It is carried out at a level slightly below consciousness. This should finally recognize it. It is not about a consolidate, namely subconcscription (in the skyline of the subconscious) war. In our point of view, the thesis that “there is no obvious opponents in the conscientious wars,” in essence is absolutely correct. Two and a half thousand years ago, precisely from the Greeks, it is precisely with the appearance of the phenomenon of consciousness (in the sense of realizing the absolute identity of inaccurate thinking and being) the true history of mankind began. It is very indicative that in addition to the word “allate - truth” in their thinking was born his double, the word “story” appeared in the Greeks

scholarly journals DESIGNATED PURPOSE OF NON-DELEGATED PROCEDURAL RIGHTS OF SUSPECTS AND ACCUSED (DEFENDANTS) WITHIN CRIMINAL PROCEEDINGS

2019 ◽  
Keyword(s):  
Legal Regulation ◽  
Criminal Proceedings ◽  
Defense Attorneys ◽  
Trial Report ◽  
Personal Rights ◽  
Procedural Code ◽  
The Law ◽  
The Right ◽  
Procedural Rights ◽  
To Receive

The author of the article emphasizes the lack of regulation of the issue about the scope of the inalienable personal procedural rights of suspects and accused (defendants) within national criminal procedural legislation. The implementation of these rights can not be entrusted to other persons, in particular, their defense attorneys, legal representatives. Such procedural rights are called undelegated, since they are exercised directly by suspects and accused (defendants). Special attention is paid to the fact that such a gap in the law can not negatively affect the legal regulation of the procedural status of both suspects, accused (defendants), and other participants in the criminal proceedings, to whom the legislator delegates the rights of the latter, namely: a defense attorney, a legal representative, persons in respect of whom it is supposed to use coercive measures of a medical or educational nature or there was the issue about their application, their legal representatives. It is stated that there are no studies in modern procedural science, containing a close to exhaustive list of undelegated procedural rights of suspects and accused (defendants). We set the goal to single out a group of inalienable personal rights of suspects and accused (defendants) within the totality of their procedural rights that are exercised solely by them and can not be delegated to other participants in the criminal proceedings. The group of the above procedural rights includes such rights of suspects, accused (defendants) as: to be clearly and timely informed about their rights provided by the Criminal Procedural Code, as well as to obtain their explanation; to waive the right to counsel at any time of criminal proceedings; do not say anything on the merits of suspicion, accusations against them or at any time refuse to answer questions; to give explanations, testimonies in terms of suspicion, accusations or to refuse at any time to provide them; to demand compensation for damage caused by unlawful decisions, actions or omission of the agency involved in carrying out operative and search activities, pre-trial investigation, of a prosecutor’s office or courts, in the manner prescribed by the law, as well as restoration of reputation in case if suspicion, charge have not been confirmed; to conclude a guilty plea agreement or a reconciliation agreement with the victim. The procedural right of a suspect to state his testimony during the interrogation with his own hand is undelegated one. As for an accused (defendant), he can not delegate other participants in the criminal proceedings to exercise his right to receive clarification on the procedure for the preparation and use of the pre-trial report, refuse to participate in the preparation of the pre-trial report; to participate in the preparation of the pre-trial report, to provide information to the representative of the probation authority for the preparation of such a report, to submit own comments and clarifications. The author has grounded the purpose of the indicated procedural rights of suspects and accused (defendants).

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