Historical Traditions of the Control of Labour Legislation Compliance

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Legal Framework ◽  
Compliance Control ◽  
Legal Norms ◽  
Labour Rights ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right ◽  
Historical Periods

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

Supervision and control over observance of labour legislation by state labour service of Ukraine

2021 ◽  
pp. 140-146
Author(s):  
Iryna agutina
Keyword(s):  
Educational Process ◽  
Employment Protection ◽  
Practical Significance ◽  
Labor Rights ◽  
Decent Work ◽  
Labour Rights ◽  
Legitimate Interests ◽  
Labour Legislation ◽  
The Right ◽  
And Control

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

scholarly journals Logic Analysis of How the Emergency Management Legal System Used to Deal with Public Emerging Infectious Diseases under Balancing of Competing Interests—The Case of COVID-19

Healthcare ◽  
2021 ◽  
Vol 9 (7) ◽  
pp. 857
Author(s):  
Chao Zhang ◽  
Lei Hong ◽  
Ning Ma ◽  
Guohui Sun
Keyword(s):  
Infectious Diseases ◽  
Emergency Management ◽  
Legal System ◽  
Conflicts Of Interest ◽  
Focal Point ◽  
Emerging Infectious Diseases ◽  
Legal Framework ◽  
Public Interests ◽  
Legal Norms ◽  
Competing Interests

Development of measures for mitigating public emerging infectious diseases is now a focal point for emergency management legal systems. COVID-19 prevention and containment policies can be considered under the core goal of social and individual interests. In this study we analyzed the complexity between individual and public interests as they conflict when implementing disease preventative measures on an epidemic scale. The analysis was used to explore this complex landscape of conflicting social, public, and legal interests to quantify the potential benefits of public acceptance. Here we use the large-scale COVID-19 epidemic backdrop to examine legal norms of the emergency management legal framework. We find that the implementation of emergency management legal system measures involves the resolution of both direct and indirect conflicts of interest among public groups, individual groups, and various subsets of each. When competing interests are not balanced, optimal policies cannot be achieved to serve and safeguard shared social and community stability, whereas effective social outcomes are obtainable through the development of targeted policies as defined within the emergency management legal system. A balanced legal framework in regards to emergency management legal norms can more effectively serve to mitigate and prevent the continued spread of emerging infectious diseases. Further developing innovative procedural mechanisms as a means to ensure emergency response intervention should take into account the weighted interest of the different social parties to determine priorities and aims to protect legitimate public interests.

scholarly journals ANALISIS YURIDIS PERAN PEMERINTAH ACEH DALAM PELATIHAN TENAGA KERJA

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Muhibuddin M ◽  
Nasrianti N
Keyword(s):  
Social Justice ◽  
Organizational Structure ◽  
Research Methods ◽  
Research Method ◽  
Decent Work ◽  
Legal Norms ◽  
Right To Work ◽  
The Government ◽  
The Right

Manpower development contained in the 1945 Constitution Article 27 paragraph (2),    that every citizen has the right to work and a decent living for humanity. The Aceh Government implements Article 174 paragraph (5), and Article 175 paragraph (4) of Law Number 11 Year 2006 concerning the Government of Aceh, therefore issued Qanun Number 7 of 2014 concerning Manpower and the Regulation of the Governor of Aceh Number 112 of 2016 concerning Position, Organizational Structure, Duties, Functions and Work Procedures of the Office of Manpower and Mobility of the Aceh Population. The method used in this study is a normative juridical research method that is qualitative in nature, namely research methods that refer to legal norms contained in legislation. In this study the use is referring to legal sources, namely research that refers to legal norms contained in legal instruments. Conclusion, provisions of Article 175 of Law No. 11 of 2006 concerning the Government of Aceh, that every worker has the same right to get decent work in Aceh. So the role of the Aceh Government in improving the direction of life of its people is very important in employment for the implementation of social justice in labor life.

scholarly journals IMPLEMENTATION OF THE ECOSYSTEM APPROACH AS A NECESSARY CONDITION FOR ENSURING THE CONSTITUTIONAL HUMAN RIGHT TO A SAFE ENVIRONMENT FOR LIFE AND HEALTH

2020 ◽  
Vol 73 (9) ◽  
pp. 2062-2067
Author(s):  
Yevhenii P. Suietnov
Keyword(s):  
Historical Analysis ◽  
Scientific Research ◽  
Ecosystem Approach ◽  
Legal Framework ◽  
Necessary Condition ◽  
Human Right ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Promising Area ◽  
The Right

The aim: Is to study some aspects of the formation of the ecosystem approach, develop on its basis the latest and promising area of scientific research – EcoHealth and determine the legal framework for the implementation of this approach in Ukraine. Materials and methods: The research is based on international legal documents, statistical reports and information of the WHO, practice of the ECHR, constitutional acts of foreign countries, legislation of Ukraine, works of scientists on ecology, medicine, environmental and medical law. For achievement of reliable and objective results general philosophical (dialectical), general scientific (historical, analysis and synthesis, analogy) and special (comparatively-legal, interpretation of legal norms) methods of scientific knowledge were used. Conclusions: A necessary condition for ensuring the constitutional human right to a safe (favorable, benevolent, healthy, etc.) environment for life and health and, consequently, the right to life and health, is the implementation of an ecosystem approach into national strategies and legislation of different countries, including Ukraine. The development of this approach at the international level has led to the emergence of a new area of scientific research – EcoHealth, which studies how changes in the Earth’s ecosystems affect human health. In Ukraine, the issue of implementing an ecosystem approach to health is not widespread in the scientific literature yet, but this trend is clearly visible in environmental legislation.

Sign in / Sign up

Export Citation Format

Share Document