Review of socialist law最新文献

{"title":"THE EXPERIENCE OF THE EUROPEAN COUNTRIES AND THE USA ON THE LEGAL REGULATION OF THE INTERNAL LABOR ORDER AND THE WAY OF ITS LENDING FOR UKRAINE","authors":"A. Padalka","doi":"10.37440/soclaw.2019.01.04","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.04","url":null,"abstract":"The article analyzes the peculiarities of foreign experience of legal regulation of domestic labor regulations. The specifics of legal regulation of domestic labor regulations in European countries and in the USA are investigated.The ways of borrowing positive foreign experience in the national labor legislation are indicated. Emphasis is placed on the experience of Germany in the regulation of internal labor regulations: 1) a clear consolidation of the rights and responsibilities of employees and employers at a centralized level; 2) implementation of the principle of “mutual trust” of the employee and the employer in the legislation; 3) use of consultations with employee representative bodies in approving internal labor rules; 4) imposing a ban on posting orders on the bulletin board containing the names of employees and the nature of their violations of internal labor rules.In addition, there is an example of France, where for the first time among all other European countries the principle of \"bilateral cooperation\" (\"laissez fair, laissez passer\") was enshrined, which limits the state's participation in the economic life of the employer, but provides basic guarantees for the protection of workers' labor rights in this case. their violations. It is also interesting that, within the framework of internal labor regulations, the French legislator introduces the concept of \"effective working time\", and there is a so-called \"compulsory period\" during which an employee, without being in the permanent and immediate disposal of the employer, is obliged stay at or near your place of residence so that you can arrive at your place of work and fulfill your responsibilities.It examines the legal regulation of domestic employment in the UK, which is based on contractual and local legal frameworks, which contributes to the dynamic regulation of labor and related relations.It is noted that the rules of domestic labor in the United States are approved, as in England, by a single employer without any consultation with trade unions. United States labor law is two large blocks of legal rules: employment law (labor law) and labor law (collective labor law).","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":"88852761","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":"GENESIS OF LEGAL REGULATION OF WOMEN'S LABOR IN UKRAINIAN LANDS","authors":"A. Tisetska","doi":"10.37440/soclaw.2019.01.28","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.28","url":null,"abstract":"The article analyzes the prerequisites for the birth and development of legal regulation of women's labor in Ukrainian lands. The genesis of the genesis of legal regulation of women's labor in the territory of present Ukraine has been determined. The content and meaning of each stage are outlined. Their features are outlined. \u0000The analysis of the basic normative legal acts is carried out and the following features of the legal regulation of women's work in the period from 1918 to 1953 are highlighted: imperative - this feature is revealed through the use of the imperative method for the legal regulation of women's labor; centrality - this feature most clearly manifested itself in labor relations, since even the smallest issues had to be first addressed at the level of line ministries; declarative - means norms that do not contain a specific rule of conduct, but defines the goals, objectives, principles of particular branches of law, legal institutions, subject, form and means of legal regulation; low level of legal technique - different types of legal technique play the role of organizing and constructing legal material, create conditions for rationalization of legal activity, for optimization of the process of legal ordering of public relations. \u0000The following features of legal regulation of women's rights from 1953 to 1991 are also distinguished on the basis of normative legal acts: progressiveness - this feature is manifested through both through the establishment of new legal norms and through restoration; imbalance, because the balance of interests is at the same time the foundation, the inner core, the necessary condition and the path to social consensus; etrocity - the domination of the state in all spheres of society, the \"power of power.\"","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":"82215464","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":"THE SIGNIFICANCE AND PURPOSE OF THE SENTENCES OF SENTENCES","authors":"Yu. Kwiatkowski","doi":"10.37440/soclaw.2019.01.17","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.17","url":null,"abstract":"The article analyzes the nature and importance of serving prisoners. The content of the purpose of serving the convicted prisoners was revealed. The features of the investigated category are revealed. The specifics of the purpose of serving prisoners are described. \u0000Attention is drawn to the fact that in revealing the notion of serving prisoners in certain territories, for example in the temporarily occupied territories of Donetsk and Luhansk regions, the convicted persons should first of all understand the persons to whom such penalties are applied, such as imprisonment for a term of imprisonment and life imprisonment. \u0000It is noted that some of the scholars who are serving sentences in the temporarily occupied territories of Donetsk and Luhansk regions include: 1) persons who have been sentenced but whose sentence did not come into force before the start of the anti-terrorist operation; 2) persons who were not sentenced but whose case was in the court of first instance; 3) persons subjected to pre-trial investigation at the time of the start of the anti-terrorist operation; 4) persons who have been detained and / or convicted by members of illegal armed groups. The status of each of the groups of convicts listed is different. \u0000The author notes that the physical and moral suffering of the convicted person is in fact the inevitable consequences of the use of punishment, but is not its purpose, which is contrary to the current approach to understanding the purpose of punishment - punishment does not aim to inflict suffering on the offender, but the purpose is different. At the same time, in the Criminal Code of Ukraine of 11.07.2003 № 1129-IV this issue is considered somewhat differently, due to the fact that the Criminal Code of Ukraine regulates the purpose of punishment, while in the Criminal Code - the purpose of serving the sentence. \u0000It is concluded that one of the purposes of serving prisoners in the temporarily occupied territories of Donetsk and Luhansk regions is to use them in the interests of self-proclaimed in certain areas of these areas of power. Attention is drawn to the fact that essentially no re-socialization takes place.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87087199","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":"LEGAL ASPECTS OF AGREEMENT IN AGRICULTURE","authors":"S. Kozachenko","doi":"10.37440/soclaw.2019.01.18","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.18","url":null,"abstract":"In the article the analysis of legislation of Ukraine on peculiarities of regulation of labor relations of agricultural workers. To resolve certain difficulties, labor relations, adequate safeguards in the implementation and protection of the rights and interests of workers farms conclusions and suggestions for improvement of the existing legislation in this area. \u0000The problems of rural areas are emphasized today, which should recognize the low standard of living and incomes of rural population, the increase in the number of people living below the poverty line, the degradation and extinction of villages, the underdeveloped social and industrial infrastructure. In view of the development and changes in the agricultural sector of the Ukrainian economy, which occurred after the proclamation of the course on market transformations, the author distinguishes forms of organization of agricultural production. \u0000Labor relations that exist in agriculture have their own peculiar features, which should be reflected in the content of the relevant rules of law, especially those aimed at regulating the relations with the formation of personnel potential of enterprises working in the agricultural sector. In order to address the issue of concluding an employment contract in agriculture, it is important to identify its parties, which the author points out. \u0000It has been suggested that there is no consensus today in the specialized literature and in the legislation as to which persons it is advisable to call \"specialist\" or \"specialist\" in agriculture. It is proposed to generally call these subjects “agricultural workers”, and a definition of this definition is provided.","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":"91117254","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":"LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS","authors":"К. Lyubimov","doi":"10.37440/soclaw.2019.01.03","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.03","url":null,"abstract":"The article reviews the scientific positions on understanding the concept of \"legal responsibility\", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc. \u0000The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability. \u0000The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification. \u0000The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88709593","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":"SPECIFIC RELEASE OF JUDGES REMOVAL: GENERAL THEORETICAL CHARACTERISTICS","authors":"D. Tkachenko","doi":"10.37440/soclaw.2019.01.30","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.30","url":null,"abstract":"In the article the specifics of the removal of judges from office are clarified. The essence of this legal category is revealed. The general theoretical description of removal of judges from office is given. \u0000The author points out that the notion of \"removal\" is more focused on the science of labor law (on dismissal) or criminal procedural law (on preventive measures such as removal from office and temporary removal of a judge from the administration of justice). The current legislation does not operate on the separate concept of “removal of judges”. Today, it is used in the context of such a measure of legal influence as \"temporarily removing a judge from the administration of justice.\" For the term \"justice\", its definition is also not provided at the level of law, and in theory there is no common understanding. \u0000In addition, at the level of the Basic Law, the terms \"legal dispute\" and \"criminal prosecution\" are considered as two different categories that are not covered by each other, which is logical in terms of the substantive load of these concepts. \u0000It is worth noting that the term \"removal of a judge from the administration of justice\" is used in the law with the adverb \"temporary\", despite the fact that the very concept of \"removal\" already sees its temporary character - this phenomenon exists before certain conditions arise, after the onset of which it exhausts itself.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"151 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86851930","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":"PECULIARITIES OF THE CONTENTS OF THE MATERIAL RESPONSIBILITY OF CIVIL SERVANTS","authors":"A. Korotkih","doi":"10.37440/soclaw.2019.01.02","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.02","url":null,"abstract":"The article is devoted to a comprehensive analysis of the content of civil liability of civil servants, which is regulated by the rules of the current legislation of Ukraine on labor. The article focuses on the theoretical problems of determining the constituent elements that make up the content of such responsibility, and attempts to express these constituent elements of the content of liability in the form of a coherent system. \u0000Therefore, in view of all the above, we conclude that the peculiarities of the content of the civil liability of civil servants are expressed in the specifics of the legal status of such subjects of labor law, as well as in the peculiarities of the labor relations that arise between the civil servant and his employer. The peculiarities of the content of full or limited liability of a civil servant are disclosed in the specifics of the compensation of the damage caused by the employee, which depends directly on the subject to whom such damage was caused, namely: a) liability for damage caused to third parties; b) liability for damage caused to the state (employees guilty of damage to a state-owned enterprise, institution, organization of damage, bear financial responsibility: only in the presence of direct actual harm; regardless of bringing the employee to other types of legal liability for the same illegal acts that were damage to the state; to the extent that must be limited to a certain part of the civil servant's salary, but not more than his average monthly salary, except in cases provided for by law).","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88513265","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":"GENERAL AND SPECIAL DISCIPLINARY RESPONSIBILITY","authors":"D. Zherebtsov","doi":"10.37440/soclaw.2019.01.15","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.15","url":null,"abstract":"The article is devoted to the study of legal regulation of disciplinary responsibility of employees. The expediency of separation of general and special disciplinary responsibility is substantiated. Specific features of special disciplinary responsibility are outlined. Proposals for improving national legislation providing for disciplinary liability are provided. In particular, it is proposed in all special laws that provide for disciplinary liability to clearly link all disciplinary penalties to specific disciplinary offenses. \u0000The peculiarities of disciplinary responsibility are presented, one of which is the use of penalties by the subject of employment relationship, namely the employer, which makes disciplinary responsibility one of the expressive powers of the employer in relation to the employee who has concluded an employment contract with him. \u0000The main differences between the special disciplinary responsibility and the general are noted, namely: 1) the circle of persons to whom it applies; 2) types of disciplinary sanctions; 3) the number of persons who may apply disciplinary sanctions; 4) the procedure for applying the penalties; 5) the procedure for appealing disciplinary penalties. It is substantiated that the special disciplinary responsibility of employees differs from the general broader content of disciplinary misconduct, more severe sanctions. \u0000An analysis of the national legislation was carried out, which allowed to identify a number of laws establishing the peculiarities of disciplinary responsibility. It is noted that all the above laws establish disciplinary liability only for a clearly defined circle of employees. Attention is drawn to the fact that although the aforementioned laws apply to public servants, they lack unanimity, above all in the amount of disciplinary sanctions that may be imposed on the employees concerned. \u0000It is proposed in all special laws that provide for disciplinary responsibility to clearly attach all disciplinary penalties to specific disciplinary offenses.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78654457","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":"ABOUT UNDERSTANDING THE ESSENCE OF THE COMPLEX CIRCUMSTANCES","authors":"V. Rudyak","doi":"10.37440/soclaw.2019.01.26","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.26","url":null,"abstract":"The article deals with the scientific positions of scientists on the social and legal understanding of the concept of \"difficult life circumstances\", analyzes the specified concept in relation to such concepts as: \"difficulties\", \"unpredictable situation\", \"stressful situation\", \"critical situation\". Considered difficult life circumstances as part of social exclusion, in relation to the concepts of \"normal life\", \"life difficulties\", \"life situation\", \"life circumstances\" and \"complexity\", in terms of understanding difficult life circumstances as a person characterized by relevant physical, physiological, mental factors of the person, as well as other factors that are not dependent on the will of the person, etc. It is emphasized that in the scientific literature there is no unity in the terminological sense of the concept of \"difficult life circumstance\", and therefore, in fact, there are no clear criteria characterizing the situation in which a person or his or her family has got into difficulty. In the cancers of the unit, the scientist identified the main factors that can cause difficult life circumstances and gave the author an understanding of the concept of \"difficult life circumstances\". \u0000It is stated that the difficult life circumstances, as an integral part of social exclusion, imply a significant limitation of a person in the realization of individual human rights, which is connected with his social status, insufficient financial resources, old age, health status, etc.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"117 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86811426","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":"REGULATORY ASSIGNMENT OF GENERAL VOTING LAW IN FOREIGN COUNTRIES","authors":"Н. Palagitskaya","doi":"10.37440/soclaw.2019.01.21","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.21","url":null,"abstract":"The article is focused on establishing the peculiarities and regularities of the normative consolidation of universal suffrage in foreign countries. Analysis of the legislation of foreign countries leads to the conclusion that the principle of universal suffrage in most countries is enshrined both at the constitutional level and in special electoral laws (separate for each elections) or codified acts. \u0000The author proves that the principle of universal suffrage enshrined in constitutional laws is declarative, since its content is not revealed. At the same time, the principle of universal suffrage in special electoral laws and codified acts receives a more detailed disclosure of its content that lies in establishing conditions, which assists individuals to realize their right to vote and to be elected. \u0000There are cases where the universal suffrage is enshrined only in the section of the constitution that is responsible for the order of formation of bodies of government, but it is not contained in the rules on fundamental or political rights of citizens. The most common instances of consolidation of universal suffrage in the constitutions of foreign states are its reflection in several sections at the same time. The Basic Law of Germany establishes, among other principles of suffrage, the principle of universal suffrage and defines its content quite broadly, as well as contains references to federal laws that expand its content even more and impose certain restrictions. \u0000The author describes the experience of the United Kingdom, which has no constitution in the form of a single act of supreme legal force, and its constitutional legislation consists of cumulative regulatory acts, judicial precedents, constitutional agreements, doctrinal sources that establish human rights and freedoms, determine the order of formation and powers of public authorities, as well as the principles of relations between the state, society and man. However, these acts do not contain general suffrage provisions.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78484300","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}