ADMINISTRATIVE RESPONSIBILITY IN EMPLOYMENT SPHERE

The article is devoted to the characteristics of administrative liability in the field of labor relations as a special type of legal liability. An attempt is made to take a comprehensive approach to the study of material and procedural norms of administrative liability in the field of labor relations. It is noted that the Labor Code of Ukraine prescribes in detail the disciplinary, material and financial responsibility. It is emphasized that the norms of administrative responsibility are contained in certain laws and the Code of Ukraine on Administrative Offenses. It is noted that the articles of the Code of Administrative Offenses devoted to the selected problem are scattered in separate chapters. The reason for this is that the norms were systematized according to two criteria: the sectoral affiliation of the offense and the object of the offense. It was found that the Code of Administrative Offenses contains articles directly related to such institutions of labor law as employment, collective agreement, labor contract, labor protection, labor disputes, control and supervision over compliance with labor legislation, labor migration. Most articles are devoted to liability for offenses in the field of labor protection. This legal institution has a cross-sectoral nature. Norms of the Code of Administrative Offenses on administrative liability in the field of labor protection can also be divided into universal and specific legal. Attention is paid to the practical implementation of certain articles of the Code of Administrative Offenses. In particular, the control and supervision proceedings are described in detail. The legal dilemma regarding the application of Art. 265 of the Labor Code of Ukraine and Art. 41 the Code of Ukraine on Administrative Offenses and on the fact of more complete normative maintenance of realization in practice of Art. 265 of the Labor Code of Ukraine, which determines the priority of the choice of sanctions by inspectors of the State Labor Service. It is pointed out that there is no special legislation that would prescribe the procedural issues of holding peaceful assemblies, however, administrative liability for violations of the latter exists in the Code of Administrative Offenses, which gives rise to the invalidity of some of its articles.

COMPETENCE APPROACH IN FORMATION OF PERSONNEL POTENTIAL CIVIL SERVANTS ON THE EXAMPLE OF CIVIL LABOR

In this article provided an analysis of the personnel potential in the Head Department of State Labor Service of Ukraine in Kyiv region according to the following criteria: level of basic education, professional experience, number of inspections and investigations performed by an average inspector per year. There have been studied the requirements for civil servants operating in Ukraine and the EU. Conclusions are drawn on the need to develop a professional standard for civil servants, taking into account the specifics of supervisory activities. In particular, in the field of occupational safety and health, taking into account the international experience in developing a professional standard in the relevant field. It is also determined that the competencies in occupational safety for the level of "Civil Servant" is the fifth step of the competence level in this area, which requires the development of basic, technical and behavioral qualities. The formation of these competencies can be implemented during the formation of a long-term plan for professional development and development of an individual program of civil servant’s professional development. The Ukrainian civil service system is currently adapting to EU standards. Creating a single professional standard based on job descriptions of civil servants, professional qualifications of positions, professional competencies, on the basis of a number of laws and regulations governing personnel processes in the civil service, is a necessary way to create conditions for civil servants to perform their professional duties effectively. The development and implementation of EU standards in the field of civil service has become a necessary precondition for strengthening the role of supranational governance as a necessary component of the political integration of different states. Further addition of standards to the achievements and technologies of modern management based on informal cooperation of member states within the EU, only complement the statements, conclusions and trends to deepen cooperation in the field of civil service.

Encouragement of the Personnel of the State Labor Service of Ukraine to Implement International Experience within Labor Protection Management

The subject matter of the research of the motives of state officials are socio-economic and legal relations that arise in the process of improving the activities of the State Labor Service of Ukraine (SLS) in the field of “Labor Protection”. The object of the research is the system of state management of labor protection and technology of personnel incentives in the regional departments of the SLS. The purpose of the work is theoretical substantiation and development of recommendations for improving the activities and increasing motivation of the staff of the SLS of Ukraine in Sumy region, in particular the implementation of the experience of advanced world countries into the management strategies. Implementation of the current regulatory base in the field of labor protection in Ukraine, in accordance with international requirements, requires high qualification and motivation of the staff of the relevant executive authorities, the development of effective tools to stimulate the efficient work of those state officials. The authors have studied the role and place of the SLS of Ukraine regarding the adaptation and implementation of the experience of advanced world countries into the management strategies of labor protection defined in the Conventions of the International Labor Organization and the Directives of the European Union. The authors have determined the subjects of influence in the field of protection of labor rights, labor protection, preservation of life and health of the participants in the production process, in particular the executive authorities of public administration and the Federation of Trade Unions of Ukraine. The authors have developed suggestions on encouraging the staff of the SLS to implement high-quality international labor protection standards on the basis of motivational profiles and their monitoring. Ukraine has chosen an effective model of supervision and control over the compliance with labor legislation. The advantage of this model is the ability of inspections to delegate their powers from central authorities to local agencies. The conducted study is of theoretical and practical interest in regard to the systems of labor inspections in different countries, it allows us to determine the place of national government in the overall system of such inspections. The results of the research can be recommended for implementation in public administration and local self-government agencies in the field of labor protection in Ukraine.

INDIVIDUAL ISSUES OF THE ORGANIZATION OF STATE SUPERVISION (CONTROL) OF COMPLIANCE WITH LABOR LEGISLATION

The article considers the problematic issues of the organization of state supervision (control) over the observance of labor legislation. The urgency of the research topic is determined by the dependence of the state of human rights on the effectiveness of supervision and control by the state. The relevance of the study of legal relations in the field of state supervision (control) is determined by the fact that state control (supervision) over compliance with labor legislation and other regulations containing labor law is considered in the science of labor law as a jurisdictional way to protect labor rights and freedoms. The study of case law shows the ineffectiveness of state supervision (control) in the field of labor in connection with the violation of the procedure for such measures. The vast majority of court proceedings on administrative claims of business entities to the Territorial Departments of the State Labor Service on the recognition of illegal and revocation of the decision are decided in favor of business entities. The article pays special attention to the problematic issues of the procedure of implementation of measures of state supervision (control) in the field of labor, namely the grounds for the implementation of such unscheduled measures (inspection visits). During the inspection of an business entity, the State Labor Service must in any case follow the procedure for appointing and conducting such inspection, established by the legislation of Ukraine. Convention no. 81 (1947) does not provide for exceptions to bring business entities to justice based on the results of inspections violation of the procedure established by national law and the results of which do not give rise to legal consequences for business entities. The provisions of the draft Labor Code of Ukraine on the organization of state supervision over compliance with labor legislation are analyzed. On the basis of the analyzed normative-legal acts, amendments to the legislation are developed and offered, which will eliminate shortcomings in the organization and activity of subjects of supervision and control over observance of the labor legislation that as a whole will promote realization of the state policy in the field of effective employment.

The state regulation of the economic activities in domestic pharmacy: regulatory aspect

In modern working conditions, a pharmacist has insufficient knowledge of regulatory documents regulating the activities of the pharmaceutical industry. Thus, there is a need to provide informational assistance to the pharmacist by systematizing the current legal documents. Aim. To scientifically generalize legal acts on the state regulation of the business entity in pharmacy in Ukraine. Materials and methods. Regulatory legal acts regulating the process of the state regulation of the activity of an economic entity in pharmacy in Ukraine, and such methods as content analysis, generalization were used. Results. As a result of the content-analysis it has been found that state supervision (control) of the pharmaceutical market of Ukraine is performed by the following state structures: the State Service of Ukraine for Medicines (Drugs) and Drug Control, the State Service of Ukraine for Food Safety and Consumer Protection, the State Fiscal Service, the State Labor Service of Ukraine, the State Emergencies Service of Ukraine. Conclusions. When conducting the content-analysis it has been found that the legal documents regulating the process of pharmaceutical care provision in Ukraine are the Laws of Ukraine “On licensing of the economic activities”, “On consumer protection”, “On labor protection”. A graphic model of the state regulation of the business entity’s activity in Ukraine has been also created. Key words: state regulation; business entity in pharmacy; regulatory legal acts; content-analysis.

Interview with the hero of the day: Doctor of Psychological Sciences, Professor Valery Valentinovich Spasennikov is 65

In 2021 Professor of the Department “Humanitarian and Social Disciplines” of Bryansk State Technical University, Valery Valentinovich Spasennikov, turns 65. Forming the editor-in-chief of the journal “Ergodesign”, professor in the ergonomics specialty, as a scientist and a person is associated with such cities as Kaluga, Kiev, Voronezh, Tver, Moscow, St. Petersburg, Bryansk. The presented review of labor, service and scientific-pedagogical activities and an interview with the hero of the day reflect the most interesting and important events in V.V. Spasennikov's life.

The Tang Empire

The Tang dynasty reunited continental East Asia using institutions inherited from the nomad-dominated Northern dynasties: state-owned land; exactions of grain, cloth, and labor service levied on notional “average” households; a hereditary “divisional army” concentrated around the capital and professional soldiers at the frontier, cities divided into walled wards with state-administered markets; a hereditary, imperial super-elite; and state-sponsored Buddhism and Daoism. The An Lushan Rebellion in the mid-eighth century eliminated these institutions. In their place emerged the major characteristics of late-imperial China: a fiscal system that assessed actual wealth and taxed trade; a new pattern of state service based on textual, technical, and military expertise measured by examinations; large-scale interregional trade through purely commercial entrepôts and local market towns; the incorporation of China into a multistate East Asian world; and the linkage of continental East Asia into a world economy through oceanic trans-shipment of commodities.

EXPRESS: Platform Exploitation: When Service Agents Defect with Customers from Online Service Platforms

Online, pure-labor service platforms (e.g., Zeel, Amazon Home Services, Freelancer.com ) represent a multibillion-dollar market. An increasing managerial concern in such markets is the opportunistic behavior of service agents who defect with customers off platform for future transactions. Using multiple methods across studies, the authors seek to explain this platform exploitation phenomenon. In Study 1, a theories-in-use approach clarifies why and when platform exploitation occurs and derives some hypotheses. Study 2 empirically tests these hypotheses using data from a healthcare platform that connects nurses and patients. The results indicate that high-quality, long-tenured service agents may enhance platform usage, but customers also are more likely to defect with such agents. Platform exploitation also increases with greater customer–agent interaction frequency (i.e., building stronger relationships). This phenomenon decreases agents’ platform usage, due to capacity constraints caused by serving more customers off platform. These effects are stronger as service price increases (as higher prices equate to more fee savings), as service repetitiveness increases, and as the agent’s on-platform customer pool comprises more repeat and more proximal customers. Finally, we use two scenario-based experiments to establish some managerial strategies to combat platform exploitation.

PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG PEKERJA MIGRAN INDONESIA

This study aims to examine the problems of law enforcement against human trafficking against Indonesian migrant workers. This research was conducted on legal issues from the normative side based on the rule of law in legislation and norms. This study uses a normative juridical approach with primary and secondary legal materials. The results of this study indicate that the law enforcement process against the criminal act of trafficking of Indonesian migrant workers, there are parties that are organized, starting from the Indonesian Migrant Worker Placement Company for Civil Employment, Health (medical checkup), Immigration (making passports), and at the airport. P3MI uses unscrupulous immig­ra­tion officers who can pass prospective Indonesian migrant workers with a number of rewards. Law enforcement carried out by the Indonesian Migrant Workers Protection Agency by postponing services, revoking company permits, written warnings, temporarily suspending part or all of business activities, canceling the departure of prospective migrant workers, and or returning from abroad at their own expense. The long-term effort is to closely monitor Indonesian labor service companies.