TRANSFORMATION OF LABOR LEGISLATION IN THE DIGITAL ECONOMY

The purpose of this study, which is based on the method of political and legal analysis, is to identify and assess the modern challenges faced by legal systems of different states in the field of adaptation of labor legislation to new types of social and legal relations arising under the influence of the digital economy. This study allows asserting that today’s adaptation of labor legislation of different countries in the conditions of the digital economy is at the initial stages and the existing legal mechanisms are not entirely adapted to many new types of legal relations. The evolution of this legislation today is slowed down by the lack of a sufficient conceptual apparatus, a clearly defined sphere of legislative regulation, which in turn is also due to dynamic changes in the field of digital technologies. This study can be used to improve legal regulation in the field of labor law

PROTECTION OF CONSTITUTIONAL CULTURAL RIGHTS AND FREEDOMS OF CITIZENS BY THE CONSTITUTIONAL COURT OF UKRAINE

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens

Criminological Assessment of Medical Misconduct during the COVID-19 Pandemic

This study examines the professional actions of health workers during the spread of the COVID-19 pandemic from the point of view of criminological assessment in the context of labor relations. With the help of political and legal analysis and a comparative legal method, the work considers the international practice of assessing the actions of medical workers from the standpoint of criminal responsibility, political and legal initiatives concerning the protection of the rights of medical workers during the spread of a pandemic and quarantine measures. This study argues for significantly broader criminal immunity for health workers during a pandemic. At the same time, the study gives grounds to assert that today the lack of sufficient empirical data and research complicates an objective assessment of the offender. At the same time, based on the results of this study, it is suggested that in the near future the number of investigations and appeals to the court on issues related to the professional activities of medical workers carried out during the spread of the pandemic will increase.

Features of Service Members' Adaptation to Civilian Life: Legal Aspects

The purpose of the study is to analyze the regulatory and legal support for the adaptation of service members to civilian life in the United States, France, and Germany to identify elements that could be useful for implementation in Ukrainian legislation. The 5 stages of adaptation that each service member goes through after completing his/her service when returning to civilian life are identified and analyzed. It is found that all analyzed countries begin the adaptation process several months (or years) before the end of service. In addition, former service members consistently receive financial assistance. The obtained results can be used by scientists for further analysis of regulatory and legal support and, on its basis, direct implementation of procedures for adaptation of service members to civilian life

Organizational and Legal Principles of Ensuring Academic Autonomy of Higher Educational Institutions

The objective of the article is to determine the content and specific features of organizational and legal principles for ensuring the academic autonomy of higher educational institutions. In order to achieve this objective, the authors used the following methods of scientific cognition: dialectical, formal and legal, bibliographic.Problematic issues that are directly related to the implementation of legal norms for ensuring academic autonomy of higher educational institutions have been studied. The authors have formed own definitions of such concepts as “academic autonomy of educational institutions”, “organizational provision of academic autonomy” and “legal provision of academic autonomy”. Historical stages of formation and development of academic autonomy have been considered. Foreign and international norms regarding the observance of academic freedom and honesty in the most developed democratic countries of the world have been characterized. Suggestions for improving academic mobility, academic autonomy and academic freedom both in Ukraine and in the world have been provided

International Experience of Administration in the Insurance Area and Possibility of Its Application on Ukraine

The objective of the article is: 1) to study the experience of foreign countries on the organization of insurance activities; 2) to determine the feasibility of introducing international practices into the national insurance system. For this purpose, the authors used the following methods of scientific cognition: dialectical, comparative analysis and bibliographic.The authors of the paper have analyzed the experience of foreign countries on the organization of insurance activities; have determined the feasibility of implementing legal norms and successful international practices and methods into national insurance system. The historical stages of the development of insurance management, as well as the current forms and methods of its implementation have been studied. It has been emphasized that the sphere of insurance activity is quite an important component in the system of public administration and country’s economy in general. That is the reason that we admit it extremely necessary to provide the national insurance area with the necessary conditions for its further development, in particular, it is offered to accomplish this through more flexible and high-quality legal regulation. Besides, the state policy on administration in the field of insurance should be aimed at: the formation of an insurance market with a highly developed infrastructure and a wide range of insurance services; adaptation of the Ukrainian insurance market to the world requirements of financial regulation and supervision; cooperation with European and international organizations; harmonization of national legislation in the field of insurance with international standards, etc

TRADE UNION FACTORS IN THE IMPLEMENTATION OF ENVIRONMENTAL POLICY IN FRAMEWORK WITH THE SDGS, INTERNATIONAL ENVIRONMENTAL AGREEMENTS: THE EXAMPLE OF THE CIS COUNTRIES

The article examines the current trends in the trade union movement in chosen countries, their influence on the formation of the environmental agenda, as well as their ability to adapt the activities of trade unions to new challenges. Based on the example of the Commonwealth of Independent States (CIS) countries the paper explores the role of trade unions in the Sustainable Development Goals (SDGs) achievement. The analytical cut concerns the issues of the environmental component. The issue is considered from the perspective of the international environmental agreements as a tool to achieve such goals (Paris Climate Agreement, UNFCCC, Aarhus Convention). Since the results of the study showed that in the post-Soviet countries labor unions are deprived of a wide range of rights in the field of policy development, certain ways of development, and increasing their role in the context of adjustment to the SDGs in the field of ecology are proposed. This study is of interest to lawyers practicing in several fields at once, as it makes a significant contribution to the science of comparative law from the perspective of considering the relationship between environmental protection law, labor law, international policy, and legal initiatives on the SDGs

Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine

The objective of the article is to study the positive experience of foreign countries in exercising departmental control over the activities of judges and to identify possible ways of its application in Ukraine. While writing the article the author has used general scientific and special methods of scientific cognition, namely: systematic, comparative and legal, functional and documentary analysis. Based on the analysis of scientific sources the author has studied the experience of the UK, France, Poland, Asian in exercising departmental control over the activities of judges. It has been determined that quite different approaches have been currently developed in Europe regarding the exercise of departmental control over the activities of judges, which is conditioned by the specifics of the legal systems of countries in general and the judicial system in particular. At the same time, despite the presence of certain differences, this does not exclude the possibility of applying the relevant positive foreign experience in our country. Based on the results of the conducted research, the following has been suggested, taking into account international experience in exercising departmental control over the activities of judges: a) to optimize the system of entities, which are authorized to exercise control over the activity in the specified sphere; b) to create a legislative base for exercising departmental control over the activities of judges, in particular by developing and adopting a single legal act in this area; c) to strengthen the supervision over the courts while maintaining the limits of the independence of judges; d) to expand the financial and logistical support of the entities of departmental control; e) to create organizational and legal conditions, where judges will in no way be able to influence the departmental control; f) to develop a clear and understandable system for evaluating the performance of judges

Targeted and Effective Use of State and Non-State Social Funds

Today, Ukraine is at the stage of forming a social and civil society. The main direction of state activity in the field of reforming Ukraine is the study, analysis and reform of the existing system of social services. The purpose of the study is to substantiate and summarise the main directions for the development of the system of financing social protection; to consider concepts such as “social protection”, “social insurance” and “social assistance”. To form and generalise knowledge about the existing system of financial and legal relations between the state and the population. To reveal the peculiarities of financing and directions of budget use in state and non-state social funds in a market economy. During the writing of the article, specific and general scientific methods of cognition were used to study and analyse the proposed topic. The method of generalisation, synthesis and analysis, observation, comparison and the method of scientific abstraction were used to evaluate and study the system of social funds in Ukraine. The system of social services in Ukraine was analysed. The existing system was analysed, weak points were revealed. Information on the foreign experience of developed countries in the field of providing social services to the population was considered. The current normative legal acts and laws were considered. Recommendations for the introduction of foreign experience in the existing system of social services have been developed. The study and analysis of the financing and functioning of the system of social protection and assistance to citizens provide an opportunity to understand how effectively it works. Assessing the effectiveness of state and non-state social funds should help identify weaknesses in the system and suggest a number of actions to improve their performance

Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage