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

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

Right to Health Care: The Practice of the ECTHR and the Case of Ukraine

The relevance of the research topic is due to the importance of human rights in a democratic society. Despite the fact that all natural human rights are important, the right to health care is practically in the forefront, because without its observance all other rights are leveled. Moreover, the relevance of the topic is even greater given the fact that for a long time the relevant law was not given due attention in law or in legal science. The right to health care is comprehensive and includes other human rights that derive from it. The existing case law of the European Court of Human Rights (ECtHR) confirms the importance of the human right to health care. In its judgments, the Court emphasizes the importance of this right and reaffirms the need for States to monitor its observance. The aim of the study – analysis of international legal norms and standards, as well as the practice of the ECtHR in the context of the human right to health. The leading research method used in the article is the formal-legal method, the application of which provided an effective analysis of the legal framework of international law, national legislation of Ukraine, and the case law of the ECtHR. Which, in turn, allowed to determine the importance of human rights to health and places of relevant law in the practice of the ECtHR. The article analyzes the theoretical and legal approaches to understanding the right to health care and on this basis identifies the place of relevant law in the human rights system and its main determinants. The case law of the European Court of Human Rights is analyzed and the main articles of the European Convention on Human Rights (ECHR), which the applicants applied for in violation of the right to health care, are identified. The analysis of the case law of the ECtHR provided an opportunity to identify existing shortcomings in the legislation of the member states. Based on this, it is possible to understand and distinguish ways to solve problems and methods for eliminating such violations in the future. The practical significance of the article lies in the analysis of the case law of the European Court of Human Rights, the separation of rights related to the right to protection of life, as well as the identification of the main determinants of the studied law

Protection of the Rights of Workers of Industrial Enterprises by International Humanitarian Law (on the Example of the War in Ukraine)

The purpose of the research is to assess the state of protection of the rights of workers of industrial enterprises from the viewpoint of both international and national legislation in the conditions of a full-scale invasion of the Russian Federation on the territory of Ukraine. The research was conducted using qualitative analysis, formal-legal, logical-legal, system-functional methods, as well as the method of interpreting legal norms (method of legal hermeneutics). The paper states the insufficient effectiveness of the norms of modern international humanitarian law regarding the protection of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. The paper describes the general and special regime of regulation of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. For the first time, the authors proposed to understand the protection of the rights of individuals by international humanitarian law in both a broad and a narrow sense, and the meaning of such approaches was revealed. The publication developed recommendations for the protection of the rights of workers of industrial enterprises in the conditions of armed conflicts, recommendations which are important for the development of regulations, which indicates the practical significance of the paper

Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process

Decrease in coal losses during mining of contiguous seams in the near-bottom part at Vorkuta deposit

The problem of formation of extended zones with high rock pressure (HRP) from safety pillars at the boundaries of extraction pillars formed due to the mine layout of complex geometry is considered at the example of JSC Vorkutaugol mines. A detailed analysis of the remaining reserves of the near-bottom part of the deposit was carried out to estimate losses and the impact of HRP zones from the Chetvertyi protective seam to mining operations on the Troinoi upper seam along with the possibilities for the reduction of sizes of HRP zones at the account of expanding the underworked space. Due to research on the near-bottom part of the Vorkuta deposit, within the framework of the accepted layout, a zone at the Komsomolskaya mine and two zones at the Zapolyarnaya-2 mine were singled out, at which losses at the boundaries of the extraction pillars amount up to 13-22 % of the total resources of the mine field. The high volume of losses in these pillars indicates the relevance of research on the priority extraction impact of protective seams on the efficiency and safety of mining operations in the working area of underworked and HRP zones. Based on the analysis of foreign and Russian experience in the pillar cleaning-up at the boundaries of working areas and the methodical guidelines and instructions, a technological scheme was developed that allows increasing the coal mining recovery factor in the near-bottom part of the Vorkuta deposit from 0.75 to 0.9 without fundamental changing of the ventilation and transport networks and also without purchasing any additional mining equipment. The conducted economic calculations confirmed the effectiveness of implementing the new technological scheme for cleaning-up reserves at the boundaries of extraction districts. The economic effect is from 0.079 to1.381 billion rubles of additional profit from coaxial extraction pillars, depending on the mining and geological conditions and the size of the pillars

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

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