ScienceRise: Juridical Science

Problems of the transformation of labor legislation according to the conditions of the marital state in Ukraine

2022-12-28T15:47:34+02:00

The main ways of adapting labor legislation in accordance with the conditions of martial law are revealed, the innovations and individual issues of changes in labor relations under the conditions of martial law in Ukraine are analyzed. Since the issue of limiting, violating and protecting the labor rights of employees, and expanding the labor rights of employers became quite relevant with the onset of martial law, the authors focused on the important provisions of the amended labor legislation and tried to explain the theoretical and practical features of the application of new labor legislation. After all, war times require the adoption of difficult and unpopular decisions in other spheres of life, in particular, in labor relations. The main aspects of the transformation of labor legislation in wartime conditions were studied, the content of the updated provisions of the legislation was revealed, namely, on the dismissal of employees, on the procedure for suspending an employment contract, registration of layoffs and vacations, on changing the terms of wages and on increasing working hours. The positive and negative aspects of changes in labor legislation at such a difficult time for Ukrainian society are analyzed. At the same time, the authors of the article revealed the mechanisms, provided by the current labor legislation, which, although aimed at maximum compliance with the rights and guarantees for employees, cannot always be fulfilled by employers in martial law conditions

Military novels of labour legislation through the prism of judicial practice

2022-12-13T22:24:41+02:00

An analysis of the peculiarities of labour relations legal regulation under martial law is presented. There were considered and analysed certain aspects of the newly adopted laws on the organization and optimization of labour relations under the conditions of the special regime, the latest changes to the Labour Code of Ukraine and other laws in the field of labour that regulate issues of remuneration, suspension, termination of labour relations in realities of war. The practical implementation through the prism of judicial practice of both innovations in labour legislation and individual problematic issues that arise during the settlement of labour conflicts (disputes) is proven. In connection with the understanding that in the future the number of categories of cases, related to the resolution of labour conflicts (disputes) that arose after February 24, 2022, will only increase, judges should consider that a formal reference to the martial law is not sufficient cause of the reasonableness of the non-fulfilment of obligations, assigned to the parties of a labour contract, moreover, when assessing the factual circumstances of the case, it is necessary to take into account the geographic position of the region where the labour activity is performed. The author has analysed the activity of highest bodies of state authority, which is accompanied by the introduction of a number of programs, aimed at supporting the national economy, business and stimulating the growth of employment among the population in extremely difficult conditions. The further tendency of prospects for the development of labour legislation in modern conditions is clarified. The author emphasizes the importance of continuing the economic development of Ukraine, because the greater number of successes on the economic front, the more opportunities will appear to improve defence capabilities on the military front, which in turn will be an important step for our joint victory, in which the participation of each of us is extremely important

Trends and prospects for improving legal regulation of supervision and control of compliance with labor law

2022-12-14T17:29:17+02:00

The purpose of the article is to study trends in the development of labor law in general and the supervision and control of compliance with labor law, in particular, in order to outline the directions for improving the legal regulation of the named institute. To achieve this goal, we have defined the following tasks: to reveal the essence of the institutionalization at the international level of the concept of decent work and prospects for enshrining the right to decent work in national labor law; to find out the state of implementation of international and European standards in the field of supervision and control over compliance with labor law into national legislation; to characterize the peculiarities of the implementation of supervision and control measures in conditions of martial law; to formulate proposals for improvement legal regulation of supervision and control over compliance with labor legislation. During the research, both general (dialectical) and general scientific (analysis and synthesis), as well as special legal research methods (hermeneutic, prognostic), which are based on the requirement of a comprehensive analysis of political and legal phenomena, were used. Their totality made it possible to determine that the improvement of legal regulation of supervision and control in Ukraine is taking place in the direction of consistent approximation of the national legal framework for ensuring safe, healthy and dignified work to international and European standards. This is especially important due to the fact that the development of the labor market will be one of the urgent needs of post-war reconstruction, and the main condition for the return of refugees to Ukraine and the reduction of external labor migration may be the provision of decent working conditions. In the draft of the new Labor Code of Ukraine, one of the main principles of regulating labor relations should be enshrined "ensuring the employee's right to decent working conditions". A promising direction for determining at the legislative level the legal status for labor inspectors and the procedure for conducting inspection visits is the development of the draft Law "On Labor Inspection", which will make it possible to implement the requirements of ILO Conventions No. 81 and No. 129, avoid the regulation of supervision and control measures in the field of labor by various legal regulations acts of equal legal force to implement the principle of legal certainty

The economic and legal prerequisites for reorganization of economic organizations

2023-01-16T12:54:08+02:00

Globalization, macroeconomic processes, and a quickly changeable competitive environment require a new level of development of national markets, which become more integrated. This all predetermines a requirement in defense of the interests of economic entities in relation to strengthening their positions on the proper markets through the introduction of different methods and instruments of an economic and legal character, in particular via the application of reorganization procedures.

It is justified, that reorganization of economic organizations, as a legally effective form of solving economic and legal tasks for the preservation of the subject of economic activity and strengthening of the position on the proper market, ahead of a number of relevant objective economic (expansion of economic activity by means of application of synergy effect; diversification of production, capital and activity; increase of own capital; acquisition of assets at a price lower than the replacement cost; competitive advantages in creating barriers to eliminating potential competitors entering the market; additional advantages – possession of licenses, patents, know-how of other economic entities, which are at the disposal of another enterprise; loss of production or partial curtailment of activity; change of criteria of the form of doing business) and legal (the relevant requirements in the sphere of antimonopoly and competition legislation, tax legislation, legislation on the procedure and registration of shares issue, legislation on protection of legal rights and interests of creditors, participants (shareholders), employees, etc.) factors (prerequisites).

It is proposed to consider the economic and legal prerequisites for reorganization of economic organizations as a complex set of interrelated economic and legal preliminary conditions, the presence of which directs the business entity to choose such an effective legal instrument as a reorganization to strengthen positions on the proper market, to deepen and expand the specialization of production costs, and, as a result, to increase competitiveness of manufactured products, to perform works, to provide services

Municipal debts and problems with their collection, heating shutdown

2023-01-13T20:26:35+02:00

This article will be about the emergence and collection of debts for communal services. There are highlighted the key points, related to the insufficiently regulated system of debt collection from consumers in practice, the main mistakes that communal services make in their activities, the problems of providing low-quality communal services, which is currently very relevant in Ukraine, the main points by which consumers can reduce their debt or release themselves from paying debts, and vice versa, the main mistakes that consumers often make in practice and face serious problems in the future. From a legal point of view, this article highlights the moments when the consumer is obliged to pay for utility services, and when he/she has the right not to do so. Separate emphasis is placed on the rights and obligations of the consumer of communal services. The legal and practical aspects of disconnecting the consumer from centralized heating and installing autonomous heating are analyzed, and those cases, from the point of view of the law, when it is very difficult to do in practice, are analyzed separately. The current judicial practice on issues of collection of debt for utility payments, on issues of write-off of debt due to the statute of limitations is analyzed. The questions are analyzed in detail from a legal point of view, why some believe that the debt can be written off by the statute of limitations, while others, on the contrary, say that it is impossible. There are highlighted the practical points that consumers and utility organizations themselves often face at the stage of implementing a court decision. The issue and problems of arbitrary disconnection from centralized heating are discussed, from the point of view of the consumer's responsibility for such actions and his/her obligation to pay for utility services after that. The legal reasons that force consumers to take such critical actions as arbitrary disconnection from centralized heating are also highlighted and possible solutions to this situation are proposed

Classification of notarial functions

2023-01-19T12:26:01+02:00

The article classifies the notarial functions by defining the concept of "notarial functions", identifies unexplored aspects of the notarial functions, defines the main function of the notary. Both general theoretical and special methods became the methodological basis of the research. The method of comparative analysis makes it possible to define the concept of notarial functions. The dialectical method made it possible to reveal the nature and content of notarial functions, to classify them. It has been clarified, that the law determines that the purpose and, therefore, the final result of the performance of a notarial act is to give legal certainty to rights and facts that have legal significance, and this, in turn, establishes that since the rights or facts are notarized, then they should be recognized by participants in civil legal relations as indisputable and unquestionable. The main role of the notary is established, which is manifested in ensuring non-dispute in civil legal relations. The norms of national legislation, through which the law-defensive and law-protective functions of the notary are implemented, are considered. It was studied which functions complement the notarial function, and which have a different legal nature, as well as what effect the granting of the function of the state registrar to notaries had on the notarial functions. The concept of "notarial functions" is defined as the main directions or types of activity of the notary, which express the role and purpose of the notary in society and the state, its social value and most important features. Notarial functions are classified by the main function (the notarial function, which consists in ensuring non-dispute in civil legal relations and includes law-defensive, law-protective and law-regulatory functions of the notary), derivative functions (registration functions), additional functions (function of the state registrar, subject of primary financial monitoring, mediator, fiscal function)