THE IMPACT OF DIGITALIZATION ON LABOR RELATIONS IN UKRAINE

Increasing the power of computer technology, combined with the rapid spread of the Internet, large databases, etc., significantly changes the nature of work. Innovation in the labor process boosts productiveness and decreases costs. By increasing overall productivity, innovations in ICT allow enterprises, institutions, and organizations to produce a certain number of goods and services resorting to fewer employees, which leads to the technological lack of jobs. To carry out a rigorous analysis of this issue, obtain trustworthy results, and draw relevant conclusions, the authors applied general and special research methods. It has been found that the processes of digitalization affect the labor market, in particular, the emergence of new and the disappearance of «old» professions. In Ukraine, digitalization processes significantly affect the course of labor relations and the organization of labor at enterprises, institutions, and organizations. The authors note that it is still a matter of concern to ensure the security of such information and to determine the range of persons who will have access to such information, such as who will be the owners and managers of such information. The authors of this article argue that innovations in labor legislation make sense in today’s information society

Features of Corporate Liability for Violation of Competition Law

The relevance of the study is determined by the need to establish corporate responsibility for breach of legislation. In this regard, this paper is aimed at identifying features of competition and corporate responsibility for breach of competition law. Particular attention is drawn to the case when corporations become monopolists and, in fact, dictate market rules. Consideration of the development aspect of competition law suggests that it largely limits the growth of corporate business and forces corporations to formulate strategies for splitting the business, thereby determining the conduct of business. In the modern world, where business is in many respects globalised, such measures can lead to a decrease in market indicators and form a dependence on the operations of certain corporations in the local market. The leading method to the study of this issue is the modelling method, which allows to consider this problem as a targeted and organised procedure related to the improvement and application of competition law, as well as the protection and development of competition. The novelty of the study lies in the possibility of limiting the activities of a corporation in a market that is occupied by it and where there is no practical competition. The authors consider the mechanism of self-regulation as a source of domestic competition law. The paper determines that self-regulation processes are also subject to state supervision and thus corporate self-regulation becomes an aspect of the regulation of competition enforcement by the state at large. The practical significance of the study is determined by the structural feature of the corporation as a quasi-state mechanism and the regulation of external relations between the state and corporations as tax residents on this basis

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

Gender Inequality in Social Security on the Basis of the ECtHR Case-Law

As the European case-law shows, nowadays, there are numerous problems in the social sphere. Accordingly, there appears to be a need to study international regulation of equality and current social security problems to find possible solutions to the existing shortcomings and to strengthen human rights protection. The article aims to analyse the universal international regulation of equality and gender equality, in particular, and to study the problems of gender inequality in social security based on the European Court of Human Rights (ECtHR) case law to eliminate this discrimination. The leading research method is a legalistic one. It allowed us to analyse the international legislation on gender equality and to look into the ECtHR case law in gender discrimination in social security. It was found that gender inequality in social security is often a result of prior gender-based discrimination in labour relations. Despite the fact that legal acts protect women in cases of inequality, the analysis of the ECtHR case-law permitted us to conclude that men suffer from gender discrimination as much as women. Therefore, it is suggested to adopt legal acts on the equality of men and women in social security to overcome such discriminative practices at the legislative level. It is also recommended to implement the governmental policy on counteracting gender stereotypes in society. The research results can improve national legislation and international legal acts, further research into equality issues, and develop a methodological base for teaching human rights and social security

Current Problems of Legal Regulation of Remote Work in the Context of the Introduction of Restrictive Measures Caused by the Spread of Covid-19 in Ukraine and the EU

The COVID-19 coronavirus pandemic, which has spread to all countries of the world, has posed new challenges in terms of legal, socio-economic, political, and social development. The pandemic produced a need for a mechanism of legal regulation of a special organization of the remote work, working hours, workplace, working conditions, etc. The study aims to analyze and compare the legal regulation of remote work under the introduction of restrictive measures caused by the spread of COVID-19 in Ukraine and the EU. The leading method was the method of comparative analysis. It helped to compare the specifics of the practice of EU member states in the field of legal regulation of remote work under the above conditions in Ukraine and the EU, identify how these issues are regulated in other EU countries. In Ukraine, it is necessary to improve the rules for regulating the responsibilities of the employer to compensate for the costs of a remote worker, enshrining in law the obligation of the employer to provide the employee with computer equipment, means of communication. The experience of European countries proves it is necessary to implement “right to disconnect” in Ukraine. Information and knowledge gained from the experience of different EU countries can be used as a basis for the adaptation and development of new relevant provisions in Ukraine

Violation of Labour Rights in the Context of Compulsory Vaccination Against Covid-19

The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

The practice of defence of labour disputes is quite dynamic. That is why the analysis of labour rights protection in the European Court of Human Rights (ECtHR) is quite relevant. The purpose of the study is to analyse the current case law of the European Court of Human Rights on the protection of labour rights; to analyse the ECtHR's interpretation of the concept of forced labour and the right to form trade unions; to summarise the problematic issues of the ECtHR's case law in the field of labour rights protection and ways to resolve them. The methodological basis of the study is general and special methods and techniques of cognition. The article substantiates that one cannot complain directly to the ECtHR about deprivation of the opportunity to work, denial of access to the workplace, or refusal to hire. The European Convention explicitly states only 2 rights: the right to form and join trade unions and the prohibition of forced and compulsory labour. The author explains the concepts of forced labour and the right to form trade unions and outlines the problematic issues of the European Court of Human Rights case law in the field of labour rights protection and ways to resolve them

Національна доповідь про стан і перспективи розвитку освіти в Україні: монографія (До 30-річчя незалежності України)

The publication provides a comprehensive analysis of the state and development of national education over the 30 years of Ukraine’s independence, identifies current problems in education, ascertains the causes of their emergence, offers scientifically reasoned ways to modernise domestic education in the context of globalisation, European integration, innovative development, and national self-identification. Designed for legislators, state officials, education institutions leaders, teaching and academic staff, the general public, all those who seek to increase the competitiveness of Ukrainian education in the context of civilisation changes.У виданні здійснено всебічний аналіз стану і розвитку національної освіти за 30-річний період незалежності України, визначено актуальні проблеми освітньої сфери, виявлено причини їх виникнення, запропоновано науково обґрунтовані шляхи модернізації вітчизняної освіти в умовах глобалізації, європейської інтеграції, інноваційного розвитку та національної самоідентифікації. Розраховано на законодавців, державних управлінців, керівників закладів освіти, педагогічних і науково-педагогічних працівників, широку громадськість, усіх, хто прагне підвищення конкурентоспроможності української освіти в контексті цивілізаційних змін

The use of mediation in administrative proceedings: the experience of European Union member states

Appealing to public authorities about any legal conflict leads to an overload of courts and administrative bodies. An alternative to improving access to justice and reducing the burden on the courts is to use other alternative means of resolving legal disputes, such as mediation. The article is devoted to the peculiarities of the application of the mediation procedure in administrative proceedings. Highlights the signs of administrative and legal dispute, as well as the peculiarities of the mediation procedure. The purpose of the study is to study domestic and foreign experience in the use of mediation in administrative proceedings, as well as to formulate proposals and recommendations for improving the current legislation in this area, based on the analysis of scientific papers, current legislation and law enforcement practice. The methodological basis of the study is a set of general scientific, philosophical, special methods of scientific knowledge, the use of which allowed to ensure the achievement of the stated goals and objectives of the study and comprehensive coverage of the research problem

Alternative resolution of public law disputes in administrative proceedings of European Union member states

The article analyzed the positive experience of the European Union, which formed a regulatory array of acts on alternative dispute resolution. The purpose of the study is to implement the theoretical and legal characteristics of the procedural features of the institute of alternative resolution of public law disputes in the administrative proceedings of the European Union, as well as to provide proposals for prospects for its improvement. The methodological basis of the study is a set of general scientific, philosophical, special methods of scientific knowledge, the use of which allowed to ensure the achievement of the stated goals and objectives of the study and comprehensive coverage of the research problem