IMPORTANCE OF ELECTRONIC EMPLOYMENT CONTRACT

This article discusses issues related to the importance of an electronic contract concluded electronically.Inthearticle,specialattentionispaidtoissuesrelatedtothecomprehensivedisclosureofongoingreforms,improvementoflaborlegislation,aswellasputforwardproposalsforconcludinganemploymentcontractelectronically.Atthesametime,thisworkrevealsthecurrentpracticeofconcludingandregisteringanelectroniccontractanditsadvantages.In this scientific publication were analyzedopinions of scientists on the translation of an employment contract into electronic form and other issues related to an employment contract.Keywords: labor, contract, form, electronic, conclusion, employee, employer, labor relations, indefinite, term

LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS

This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract

Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

Legal regulation of service and labor relations in various legal systems

The article provides a comparative characteristic of the concepts of labor relations in some foreign countries. The article analyzes the legal regulation of labor relations, dividing states into two groups. The first includes Russia, France, Germany and a number of other European states. In the second - the USA, Great Britain, Australia and other countries of the Anglo-Saxon legal system. The author denotes the similarities and differences in choosing one of the two models, namely: European (continental) and Anglo-Saxon (Anglo-American). The conclusion is drawn that the borrowing of the experience of the countries adhering to the Anglo-Saxon model is unacceptable for the Russian state, since in them the labor contract is presented not as a tool capable of guaranteeing the rights of workers, but as a legal way to create conditions that can infringe on their interests. In turn, at the moment these countries are moving towards the socialization of labor relations.

On the issue of re-qualification of a civil contract in the labor contract

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

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.

Labor institution environment and labor agglomeration based on provincial panel data analysis

With the shift in regional economic patterns in China, Chinese labor forces are showing a trend toward concentration. Many scholars are analyzing this trend of labor agglomeration from the perspective economies of scale and transaction costs. This study explains the phenomenon of labor agglomeration from the perspective of the labor system environment. First, it considers that the labor system environment includes the social contract environment and labor contract environment. Second, it attempts to show that a good labor system environment can promote labor agglomeration through theoretical analysis, while technological advancement can promote the agglomeration of professional and technical talents. Third, this study uses provincial panel data to conduct an empirical analysis. Finally, the paper presents some policy suggestions for maintaining a good labor system environment, including improving the level of public service of the floating population and building harmonious labor relations.

Requirements for the content of an employment contract and the consequences of their non-compliance

The article examines the process of forming the current norms governing the content of the labor contract, analyzes some proposals for changing the current legislation and evaluates the legal consequences of not including mandatory conditions in the labor contract in the current edition of the Labor Code of the Russian Federation.