Review of socialist law最新文献_第4页

ON DETERMINING THE ESSENCE OF SYSTEMATICIZING LEGISLATION IN THE SOCIAL SECURITY 论社会保障制度化立法的本质

Review of socialist law Pub Date : 2019-04-27 DOI: 10.37440/soclaw.2019.02.10

A. Motrich

引用次数: 0

CONCEPTS OF WORTHY WORK OF CIVIL SERVANTS IN THE LAW ENFORCEMENT FIELD OF UKRAINE 乌克兰执法领域公务员有价值工作的概念

Review of socialist law Pub Date : 2019-04-27 DOI: 10.37440/soclaw.2019.02.11

M. Panchenko

引用次数: 0

PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION 基层工会组织选举机构要求与法人领导解除劳动合同的特点

Review of socialist law Pub Date : 2019-04-27 DOI: 10.37440/soclaw.2019.02.09

N. Melnychuk

{"title":"PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION","authors":"N. Melnychuk","doi":"10.37440/soclaw.2019.02.09","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.09","url":null,"abstract":"The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine \"On Trade Unions, their Rights and Guarantees\"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"148 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76886705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES 欧盟成员国公务员法律责任的法律规制

Review of socialist law Pub Date : 2019-04-26 DOI: 10.37440/soclaw.2019.02.07

A. Korotkih

引用次数: 0

LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS 地方规制作为法律规制的一个组成部分，与劳动关系直接相关

Review of socialist law Pub Date : 2019-04-24 DOI: 10.37440/soclaw.2019.02.13

D. Sirokha

{"title":"LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS","authors":"D. Sirokha","doi":"10.37440/soclaw.2019.02.13","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.13","url":null,"abstract":"The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89027425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TENDENCIES OF REFORMING LEGAL REGULATION OF THE PROTECTION OF THE CONSTITUTIONAL SOCIAL RIGHTS OF HUMAN AND CITIZEN 宪法保障人权和公民社会权利的法律规制改革趋向

Review of socialist law Pub Date : 2019-04-24 DOI: 10.37440/soclaw.2019.02.06

O. Epel

引用次数: 0

SOME METHODOLOGICAL ASPECTS OF THE ESTABLISHMENT OF EUROPEAN LEGISLATION 建立欧洲立法的一些方法方面

Review of socialist law Pub Date : 2019-04-23 DOI: 10.37440/soclaw.2019.02.16

I. Kurovskaya

引用次数: 0

THE ROLE OF THE LABOR CONTRACT IN THE IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES OF THE LABOR LEGAL RELATIONS 劳动合同的作用是履行劳动法律关系当事人的权利和义务

Review of socialist law Pub Date : 2019-04-23 DOI: 10.37440/soclaw.2019.02.30

A. Radizlov