Review of socialist law最新文献

{"title":"PECULIARITIES OF MEDIATION IN THE SETTLEMENT OF LABOR DISPUTES","authors":"A. Stratyuk","doi":"10.37440/soclaw.2019.01.27","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.27","url":null,"abstract":"In the article the peculiarities of legal regulation of the settlement of labor disputes are analyzed. A list of them has been determined. The content of each of them is described. \u0000Based on the substance of the mediation of the parties' desire to resolve the conflict, they are themselves interested in fulfilling the decision that the parties will make jointly. Accordingly, if no such decision has been taken, the mediation procedure will be followed either by arbitration or a trial, the decision of which is binding on the parties, regardless of their will. \u0000The author emphasizes the importance of ensuring proper legal regulation, which would guarantee the possibility of applying the mediation process to resolve all types of labor conflicts on the basis of material and procedural equality, while maintaining the flexibility of mediation and its independence from the state. \u0000On the basis of the scientific approaches analyzed, the general features of mediation of labor dispute are distinguished: lawfulness, confidentiality, reflectivity, professionalism. And also on the basis of the analyzed material and analyzing the concept of mediation of labor disputes, it is possible to distinguish the following specific features: interest of the parties, flexibility, voluntary performance and differentiation of reasons for holding.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78699490","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 RIGHT TO THE LAND (PAY) IN THE LAND RIGHTS SYSTEM IN UKRAINE","authors":"Т. Kovalenko","doi":"10.37440/soclaw.2019.01.08","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.08","url":null,"abstract":"  \u0000The article analyzes the legal nature of land share and of the right to land share before and after restructuring of non-state agricultural enterprises. The special features of the right to land share in the system of land rights in Ukraine are determined. The last legislative changes and their influence on the transformation of the legal nature of the right to land share are researched. Among the objects of land legal relations the land share is a special legal category, which must be distinguished from the allocated land plot, as well as from the average land share. Land share as a special object of land legal relations has a number of spe ial features, namely: a) it does not exist as an object of the material world (nature), because is not allocated; b) it has value and quantity dimension; c) the value of land share was determined in a normative way, based on the monetary valuation of the land, transferred to the collective ownership, and the number of members of a non-state agricultural enterprise; d) the size of land share was determined in the conventional cadastral hectares;  e) it was formed as a result of disintegration of land that was transferred to the collective property of non-state agricultural enterprises – collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies; f) equity of land shares for all persons, who have the right to it in accordance with the legislation of Ukraine; g) the right to a land share is certified by a special document – Certificate for the Right to Land Share. Subjective right to land share is a guaranteed by land legislation and certified by Certificate for the Right to Land Share specific right of a citizen of Ukraine or of a legal entity of Ukraine to require the allocation of a specific land plot and its registration as a private ownership of such person or entity. The legal nature of the right to land share has undergone a significant transformation in the process of land reform, namely: a) from 1995 until 2002, such right was obligatory, and since 2003 (after the restructuring of non-state agricultural enterprises) acquired signs of real; b) since 2001, the right to land share has become restrictive due to the legal «temporary» prohibition on concluding agreements on the alienation of land shares, despite the fact that the ECHR in decision of 2018 states that land rights restrictions in Ukraine are violating human rights;c) since 2019, the right to land share has become a right of a temporary nature and should be realized by 2025.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81310406","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":"POSITION AS A MAIN ELEMENT OF THE ELECTION EMPLOYEES LABOR FUNCTION","authors":"V. Vasilyeva","doi":"10.37440/soclaw.2019.01.13","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.13","url":null,"abstract":"The article is devoted to the study of approaches to the definition of the concept of \"job function\" and its key features of the position. Based on the results of the research of scientists in this field, as well as taking into account the current legislation, new characteristic features of this concept of the work function of the employee are distinguished, as well as differentiation from other related concepts. \u0000Different approaches of scientists to definition of the concept of \"position\" are described. Also, attention is drawn to the fact that the posts are different in their sectoral purpose. All positions in public authorities are divided into administrative, political, and patronage. These types of positions are distinguished in accordance with Presidential Decree “On the Strategy of Civil Service Reform in Ukraine” of April 14, 2000 No. 599/2000. \u0000It is noted that the position plays an important role in the conclusion of the employment contract, it is not an integral part of the enterprise, institution, organization and constituent of the respective system of positions. This system is of great importance both for the professionalization of the apparatus and for raising the level of competence of employees, it motivates citizens to acquire certain knowledge and skills to perform a certain job, to occupy a certain place in administrative structures, to acquire certain official and personal rights. \u0000The author emphasizes that in practice the problem remains unaddressed regarding positions not defined in the Classifier of Occupations. The essence of this problem is that in practice there are quite often cases where the employer hires an employee and appoints him to a position such as office manager, accountant-cashier, etc., which is not reflected in the Classifier of Professions.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80771668","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":"PRINCIPLES OF SOCIAL PROTECTION OF CIVIL SERVANTS","authors":"V. Bezusiy","doi":"10.37440/soclaw.2019.01.10","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.10","url":null,"abstract":"In the article the principles of social protection of civil servants are defined as the basic provisions stipulated in the rules of social law, which underlie the formation of activities to ensure the social rights of civil servants and which should be guided in determining the ways, methods of exercising their social protection. It is stated that these principles form a system (general and special principles) that helps to form a proper basis for the social protection of civil servants. The author notes that similar in meaning and, as a rule, often used as a synonym for the word \"principle\" is the concept of \"foundation\", which has the meaning \"basis of something; the main thing that is based on is something; starting position, principle, principle, basis of outlook, rule of behavior; way, method of doing something. \" It is noted that the system of social protection of the population should be built both on the general principles of social management, acting on the system itself, and on the individual, which have a specific orientation. The article covers different views of scientists on the principles of social policy, one of these positions is the view regarding the following characteristics of the basic principles - it is rationality (achieving the optimum balance between the purpose of social policy and its means of implementation), social justice (recognition of equal opportunities for all members of society) and social security (the possibility of predictability of certain life risks). The author defines the concept of \"principle of social protection of civil servants\", and the proper implementation of the theoretical provisions and practical ways of realizing the goal and principles of social protection of civil servants will provide for the formation of functioning of a really effective mechanism for securing and protecting social rights of this special category of working citizens of Ukraine.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85856136","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 MODERN STATE OF LEGAL REGULATION OF TERMS IN LABOR LAW","authors":"H. Platonova","doi":"10.37440/soclaw.2019.01.23","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.23","url":null,"abstract":"In the article the specifics of the current state of legal regulation of terms in labor law are analyzed. The peculiarities of the legal norms that regulate this sphere are highlighted. The contents of each are outlined. \u0000For the realization of any labor law it is necessary to create the necessary conditions. These include legal regulation and time limits. At the same time, these concepts are interrelated, since legal support alone makes the setting of time limits an effective mechanism for protecting and enforcing labor rights. \u0000Considering the laws that set the time limits, it should be emphasized that they are obliged to comply with the basic principles set out in the Labor Code, despite formally the level of the hierarchy, since the code has a general and guiding character for these laws. An important positive aspect of national legislation is its compliance with the principles established by the Constitution and international instruments, which is important for the establishment of a rule of law and a social state, as well as for the creation of a comfortable standard of living for workers. Therefore, the study of the legal regulation of terms in labor law in national law allows us to identify the problematic points and directions for further improvement. In addition, time is an element that brings together the various institutions of labor law, and accordingly, the study of the state of its regulation allows you to analyze the errors in the mechanism of their implementation.","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":"91278323","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 OBTAINING PRIMARY EXPERIENCE OF PROFESSIONAL INVESTIGATION ACTIVITIES","authors":"N. Ribak","doi":"10.37440/soclaw.2019.01.25","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.25","url":null,"abstract":"In the article, on the basis of general theoretical approaches to understanding the concept of \"experience\", the author defined the content of such a category as \"primary experience of professional-investigative activity\". The author determines the nature of the investigator's primary experience and the peculiarities of its acquisition. The factors that influence the acquisition of primary experience by an ATS investigator are identified, which include: the acquisition of primary personal experience by an investigator, borrowing experience from their employees, an appropriate level of information support that allows the investigator to study the normative acts and apply them in their work, the ability to exchange information between co-workers and colleagues and take everything useful from it. The author identifies the stages of acquisition of \"primary experience of professional and investigative activity\". \u0000The author notes that the professional formation of an investigator occurs precisely because of the acquired knowledge, skills and abilities, which he uses in the course of performing his professional duties, which he receives as a result of repeated work of typical work and as a result of drawing an analogy between situations that arise in the course of activity. . \u0000It is noted that years of experience, knowledge, skills, skills and intuition that are formed from the investigator in the investigation of the case, will allow him to anticipate and plan procedural actions to investigate the crimes as well, and, consequently, the investigator will be able to use the already acquired knowledge and skills in investigating today's crime","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76485756","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":"TO SPECIFY THE CONCEPT OF WORTHY WORK","authors":"М. Panchenko","doi":"10.37440/soclaw.2019.01.05","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.05","url":null,"abstract":"The article describes the current scientific approaches of Ukrainian and foreign scientists, within which the concept of decent work is interpreted. The author pays special attention to the critical analysis of the ILO's interpretation of the concept of decent work, to clarify the admissibility of different interpretations of the concept of decent work in practical reality, as well as to outline the main risks of lack of a universal and comprehensive understanding of the corresponding concept. \u0000The approach to understanding the concept of decent work, developed within the framework of the ILO, has been analyzed and it is concluded that it is obviously imperfect, since it is formulated by listing the criteria of this work, which, in fact, do not exhaust the essential content of the corresponding concept. \u0000The scientist draws attention to the problem of determining the criteria of decent work, which are set out in the definition of the relevant socio-legal phenomenon, since they are formulated in too general a form. For example, the criterion for the concept of decent work, which is the requirement for the adequacy of the employment income of the employee, or the criterion of the ability of labor to provide social protection of the employee. \u0000Scientists emphasize that the significance (intrinsic or conceptual value) of decent work is ambiguous, because it depends on who formulates this definition, transferring to it all those expectations of the relevant phenomenon, which are characteristic of the group of persons to whom the person belonging to recognizes the importance of decent work. The difference in approaches to this definition is emphasized from the position of the employer and from the position of the employee. \u0000Important achievement of the article is the formulation of the author's definition of the concept of \"decent work”.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76068015","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":"HISTORICAL AND LEGAL GENESIS OF PREVENTION OF CORRUPTION AND SETTLEMENT OF CONFLICT OF INTERESTS OF LABOR-LEGAL MEASURES","authors":"S. Boyko","doi":"10.37440/soclaw.2019.01.12","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.12","url":null,"abstract":"The article explores the historical and legal genesis of the prevention of corruption and the resolution of conflicts of interest through labor and legal measures, since Ukraine's independence. The basic normative legal acts regulating labor and legal measures for prevention of corruption and settlement of conflict of interests in different historical periods are analyzed. The factors that determine the long-lasting historical and legal genesis of preventing corruption and resolving conflicts of interest are identified through labor-law measures. \u0000It was noted that in the first years of Ukraine's independence, the main documents regulating the fight against corruption were the Soviet Criminal Code and the Code of Administrative Offenses, as amended. \u0000It is rightly stated that international instruments-documents form the basis in the system of legal regulation of anti-corruption activity in Ukraine. However, as the author points out, it is not enough to ratify the basic international instruments, but more practical implementation of the principles and general principles defined in these acts is more necessary. In connection with the adoption by the Verkhovna Rada of Ukraine on May 14, 2013 of the Law of Ukraine \"On Amendments to Certain Legislative Acts of Ukraine on Implementation of State Anti-Corruption Policy\" stay contrary to the requirements of the Law of Ukraine \"On Principles of Prevention and Combating Corruption\" in direct submission to a close person is recognized as the basis for termination of an employment contract at the initiative of the employer (paragraph 4 of Part 1 of Article 41 of the Labor Code of Ukraine). Thus, the anti-corruption legislation of Ukraine has been repeatedly amended in order to improve it and bring it in line with international standards. \u0000The author noted that the anti-corruption reform will receive a new impetus this fall after the start of the newly elected parliament, which will adopt, first of all, the anti-corruption strategy of the state, which society expects from 2017.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83325022","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 OF THE INTERACTION CATEGORY IN CONSTITUTIONAL LAW","authors":"S. Bohdanova","doi":"10.37440/soclaw.2019.01.11","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.11","url":null,"abstract":"The article analyzes the essence of the category \"interaction\" in constitutional law. The content of constitutional provisions in this context is outlined. \u0000The author looks at different approaches to defining an \"engagement\" category that should be considered both as an action and as a link. Understanding engagement as an action is that several entities work together to accomplish a common purpose, with a clear definition of each person's functions and mutual rights and responsibilities. In turn, interaction as a link is to establish certain relationships or relationships between the legal entities. \u0000Also, \"interaction\" is interpreted through the lens of philosophy as a science that understands interaction as a certain type of category of relationships that form the unity of things and processes of the sensory world. In this case, interaction is one of the components of the material system, in which it is characterized as a specific, objective and universal form of movement and development of the object. \u0000In the science of forensic science, \"interaction\" is investigated from the perspective of patterns of trace formation (in the broadest sense), detection, fixation, study of traces of the offender, their use in the process of proof in criminal cases. \u0000On the basis of the above-mentioned positions, general scientific approaches to the category of \"interaction\", the author's interpretation of the concept of interaction in constitutional law is given","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91370130","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":"CONCEPTS OF RECRUITING IN LABOR LAW OF UKRAINE","authors":"Р. Tabachnik","doi":"10.37440/soclaw.2019.01.29","DOIUrl":"https://doi.org/10.37440/soclaw.2019.01.29","url":null,"abstract":"The article explores the nature and characteristics of the processes of recruitment and staff development as a factor of safety of personnel. Proved that the recruitment and staff development should take into account the need to ensure the safety of personnel of the enterprise, and the formation of human resources in the enterprise security is closely linked to the processes of recruiting and staff development. \u0000The lexico-semantic analysis shows that the word \"recruiting\" comes from the French \"recruit\", \"to recruit\", ie to recruit anyone, to recruit, to recruit anyone, to hire for money. Recruiting is based on elements such as search, selection, selection of employee incentives to work. \u0000In general, there are various HR-branding channels through which employees are recruited, from which the following main channels can be distinguished: social media (social networks, forums, corporate blogs) - a universal tool for building an HR-brand; a career site is an extremely effective tool in the hands of a skilled employer; Job search sites are very popular due to the ability to reach a large target audience; brand advocates are a strategic channel for building an HR brand within the company through interaction with internal and external clients, which can serve as employees of the company as well as external candidates, clients, partners, contractors, etc .; referral programs are designed to accelerate the closing of vacancies and find candidates with the help of company employees. Everyone who invites or recommends a candidate; HR-branding as a tool for promoting the employer brand in the labor market - media, conferences, seminars, competitions.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"162 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76552775","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}