Review of socialist law最新文献

{"title":"PROPOSALS FOR IMPROVEMENT OF LEGAL REGULATION OF EXEMPTION OF WORKERS IN CONNECTION WITH CHANGES IN PRODUCTION AND LABOR ORGANIZATION","authors":"E. Babenko","doi":"10.37440/soclaw.2019.02.02","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.02","url":null,"abstract":"The article is devoted to the formulation of proposals for improvement of the legal regulationof dismissal of employees due to changes in the organization of production and labor. Attention is paidto the issue of limiting the extent of the employer 's freedom to satisfy the right of employees topreferential leave of work, as well as to reducing the regulatory uncertainty of the order of dismissal.The specific content of the articles is proposed, which could be used to resolve the issues raised","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90903577","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}

{"title":"FEATURES OF HUMAN AND CITIZENS 'RIGHTS OF REST","authors":"N. Pilipchuk","doi":"10.37440/soclaw.2019.02.12","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.12","url":null,"abstract":"In the article the content and essence of the right to rest of a person and a citizen are analyzed. The classification of types of such constitutional law is investigated. The list of peculiarities of types of rights of rest of the person and the citizen is revealed and the content and meaning of each of them is characterized.м","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"150 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77384080","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}

{"title":"COMPONENTS OF JURISDICTION IN THE FIELD OF STAFF IN UKRAINE","authors":"A. Andreev","doi":"10.37440/soclaw.2019.02.01","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.01","url":null,"abstract":"In the article the elements of legal relations in the sphere of personnel provision of the CivilService of Ukraine are analyzed. The types of these elements are separated. The content and meaningof each is characterized. The role of subjects, object and content of legal relations in the sphere ofpersonnel support of the civil service of Ukraine is determined","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"236 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80361170","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}

{"title":"SELF-DETERMINATION OF NATIONAL MINORITIES: THE CONSTITUTIONAL AND LEGAL NATURE AND PECULIARITIES OF IMPLEMENTATION","authors":"D. Karp","doi":"10.37440/soclaw.2019.01.16","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.16","url":null,"abstract":"The article deals with the conceptual aspects of determining the right to self-determination of national minorities in the science of constitutional law. It is argued that the current constitutions reflect certain conceptual approaches to the subjective composition of national minorities, which requires their comprehensive consideration and scientific and practical analysis in terms of current processes of European interstate integration in the implementation of universally recognized human rights standards, principles and norms, citizen and social groups. \u0000The question of national minorities arose in the sixteenth century. Since the sixteenth century, their rights have been enshrined in a number of treaties. After World War I, this process is controlled by the League of Nations. In the respective treaties, national minorities were defined as ethnic religious and linguistic communities that differed in language, ethnicity and culture from the population in which they live. The complexity of the problem lies in the diversity of situations related to the existence of minorities and the concept of nationality as a whole. \u0000One of the most successful concepts of \"minority groups\", which is proposed by the famous Danish scientist Luis Wirth, has been identified. The existence of dominant minorities that do not need protection is justified. Moreover, dominant minorities are sometimes subject to serious violations of the principles of equality, non-discrimination and will of the people as enshrined in the UN Universal Declaration of Human Rights. \u0000Attention is drawn to the use of the term \"national minority\" in national legislation and it is noted that the process of defining the definition of \"national minority\" is only at the initial stage of formation. The law, which defines the term \"national minority\" at the official level, became the Law of Ukraine \"On National Minorities in Ukraine\", adopted by the Verkhovna Rada of Ukraine on June 25, 1992.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"257 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77539729","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}

{"title":"SCIENTIFIC INTERPRETATION AND THE NATURE OF COMPENSATION PAYMENTS IN LABOR LAW","authors":"A. Parinov","doi":"10.37440/soclaw.2019.01.22","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.22","url":null,"abstract":"In the article the specifics of compensatory payments in labor law are analyzed. The essence of this legal phenomenon is determined. The author's scientific interpretation of compensatory payments in labor law is outlined. \u0000The author states that the definition and essence of the concept of compensation has not been sufficiently researched in the scientific environment, which makes the current work relevant. In particular, the establishment of the essential features that shape this concept will allow to lay the groundwork for both future research and for the formation of a legislative framework to regulate this sphere of employment relations. \u0000A description of the different approaches to defining this concept is given, in particular, in the economic literature, there are approaches to remuneration when authors try to combine Marxist and contemporary interpretation of wages. There is a scientific debate about the identity of the concepts of pay and wages. The uncertainty of the scientific community on this issue is related to a fairly similar definition of wages, which causes similarities between the two concepts. \u0000It is noted that both in science and in law, two terms are used to refer to one phenomenon: “compensation” and “compensation”. An analysis of these categories indicates that a large number of various payments are simultaneously included in the category of \"compensation\", while a more narrow understanding should be applied to the concept of \"compensation\".","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78104582","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}

{"title":"TOWARDS IMPROVEMENT OF LEGISLATION IN THE FIELD OF PRIVATE EMPLOYMENT AGENCIES","authors":"О. Pohorelova","doi":"10.37440/soclaw.2019.01.06","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.06","url":null,"abstract":"In the framework of the article topical issues that need improvement in the field of activity of private employment agencies were considered. Taking into account the increasing number of cases when people could find a job thorough such agencies, particularly, migrant workers. Proper legal regulation of the activity of such workers is needed and harmonize national legislation with international legal standards. Proposals for adoption of the Law of Ukraine «On private Employment Agencies» were introduced. Also, amendments to the legislation on licensing of such agencies were proposed. Ratification of ILO Convention No. 181 “On Private Employment Agencies” will allow for universal approaches to the functioning and development of employment agencies, while providing flexibility in conjunction with the protection of workers' rights, as international standards must be adhered to when engaging with employment agencies. Ratification of the aforementioned Convention should be accompanied by improvements in the legislation in the field, in particular the development and adoption of a separate Law of Ukraine “On Private Employment Agencies” must be drafted and adopted. The necessity of adopting a separate law is conditioned by a large number of issues that need to be addressed in the field of activity of private employment agencies and not overburdened by these provisions of the Labor Code (and subsequently the new Labor Code). This Law should bring to the foremost the conceptual apparatus, in particular, regarding the concept of employment lambs. It is necessary to define clearly the concept of employment agencies, to determine the list of services that such employment agencies can provide, in particular, to define the activities of agencies, to determine the possibility of charging for services by such employment agencies and to what extent the rights and responsibilities between an employer and a private employment agency. Also, legislation on licensing of such employment agencies needs to be improved, in particular, it is not necessary to provide for a procedure for licensing employment agencies operating in Ukraine.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88830093","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}

{"title":"CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE","authors":"V. Veretin","doi":"10.37440/soclaw.2019.01.14","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.14","url":null,"abstract":"The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given. \u0000It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota. \u0000It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition. \u0000The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine \"On the National Police\"","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"128 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76751183","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}

{"title":"SUMMARY AND SIGNS OF LABOR DISCIPLINE","authors":"S. Oliynyk","doi":"10.37440/soclaw.2019.01.20","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.20","url":null,"abstract":"In the article the specifics of labor discipline are analyzed. The essence of this legal category is defined and its value is outlined. A list of signs of labor discipline is outlined. \u0000There are several components of the labor discipline: first, it is not only timely arrival at work and its end, but also rational and effective use of working time, careful attitude to material values, saving resources, etc. Secondly, the ability to work, the speed, the intensity of work, the best possible organization of the workers, are a major factor in consolidating the discipline of workers. Thirdly, it is the efficiency of the labor process itself, its quality, which needs constant improvement. Fourth, it is the result and manifestation of ideological and moral education. The author notes that labor discipline is a complex, socio-economic phenomenon that requires constant provision by the participants of labor relations, which consists in the willful behavior of the employer and the employee (labor collective) regarding the implementation of the established rules of joint activity. \u0000It is noted that labor discipline is a complex concept, and therefore combines a large number of elements in its concept, which can also be attributed to other institutions of labor law or even another scientific field. That is why it is important to study the peculiarities and characteristics of labor discipline, where general characteristics are characteristic of labor discipline because of its relation to the categories of \"discipline\" and \"labor law\", and special features include specialization of means of providing and differentiation. \u0000The legal basis is the regulation of labor discipline by a large number of various legal acts, which include the Code of Labor Laws, as well as specialized by-laws on its implementation in mining, mining and other fields.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75700902","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}

{"title":"PROBLEMS OF LEGAL REGULATION OF THE CHANGE OF LABOR LEGISLATION OF CIVIL SERVANTS","authors":"T. Lysytsʹka","doi":"10.37440/soclaw.2019.01.19","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.19","url":null,"abstract":"The article is devoted to the study of the problems of legal regulation of changes in labor relations of public servants. The norms of the national legislation, which fix the rules, transfer to another job, transfer to another workplace and changes in essential wor king conditions are analyzed. Provides suggestions and recommendations for improving national legislation, which provides rules for changing labor relations of public servants. \u0000Attention is drawn to the fact that the Labor Code does not stipulate the definition of terms: \"change of employment relationship\", \"transfer to another job\", \"transfer to another workplace\", \"change of essential working conditions\". The definition of the term \"transfer to another job\" is given in the Resolution of the Plenum of the Supreme Court of Ukraine \"On the practice of consideration of labor disputes by courts\" of 06.11.1992, No. 9, and the issue of changes in the labor relations of civil servants comprehensively regulates the Law of Ukraine \"On Civil Service\" of 10 December 2015 No. 889-VIII. \u0000Finds its justification that the rules of Art. 40 of the Law of Ukraine “On Civil Service” concerning the promotion of a civil servant should be removed from it and added to Art. 41 of this Law. \u0000The Code of Labor Laws of Ukraine, which provides approaches to defining the category of \"change of essential conditions of work\", which is related to the category of \"change of essential conditions of public service\", is given. \u0000It is proposed to take as a basis the norms of the Labor Code of Ukraine and to amend the current legislation when developing normative legal acts that regulate the labor relations of certain categories of workers.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81094005","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}

{"title":"ON THE PROBLEM OF THE DEVELOPMENT OF SEASONAL AND TEMPORARY EMPLOYMENT IN UKRAINE","authors":"A. Radzividlo","doi":"10.37440/soclaw.2019.01.24","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.24","url":null,"abstract":"The article is devoted to the study of the organizational and legal support of seasonal and temporary employment in Ukraine. It is proved that in modern conditions of a market economy in Ukraine the value of temporary employment is growing. It is proved that employers should be able to more flexibly approach the number of employees in enterprises, institutions, organizations, taking into account different economic processes in the state and the world. When there is a need to quickly increase their number or decrease. It is noted that in connection with this, an urgent labor contract is coming to the fore today, since it is precisely it that allows you to quickly respond to the variability of the market of goods and services. Along with this, a fixed-term employment contract must be applied in compliance with existing guarantees of labor rights of workers. \u0000After the expiration of the employment contract, they are entitled to re-registration at the employment center at the place of residence. Citizens who have arrived independently from another region in search of seasonal employment and have applied to the employment center for employment assistance are registered at their temporary residence and may not be unemployed at their temporary registration. \u0000An important area of ​​development of this area would be to provide the State Employment Service, in cooperation with the State Migration Service of Ukraine and the Ministry of Foreign Affairs of Ukraine, with the opportunity to obtain documents for the registration of foreign nationals who wish to arrive for temporary and seasonal work in disadvantaged regions of Ukraine. to acquaint foreign citizens with the range of jobs, regions and employers wishing to invite them to Ukraine for seasonal and temporary work. \u0000In today's market economy in Ukraine, the value of temporary employment is increasing. Thus, given the diverse economic processes in the country and in the world, employers should be able to more flexibly approach the number of employees at enterprises, institutions and organizations. When there is a need to quickly increase or decrease their number. With this in mind, a fixed-term employment contract is nowadays at the forefront, as it enables it to respond promptly to the volatility of the goods and services market. At the same time, a fixed-term employment contract must be applied in compliance with existing guarantees of employees' labor rights.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88813611","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}