3 research outputs found

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

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    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

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    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

    Legal Issues of Agricultural Land Use by Owners and Workers

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    The study investigates the problems of compliance with the legislative requirements in the use of agricultural land in Ukraine, depending on who directly extracts useful properties from such land plots: employees of agricultural enterprises, or the owners of these lands – farmers, members of agricultural cooperatives, citizens who engaging in agricultural production activities individually. The article provides examples of the impact of the activities of workers and the labour of agricultural landowners on the state of land use, compliance with environmental safety requirements, deterioration, and improvement of the quality of land plots. Research of legal issues of targeted, rational, and efficient use of land plots, ensuring the requirements for the preservation of the natural environment, biological diversity and ecosystems contained in the study, provide an opportunity to draw certain conclusions, the essence of which comes down to the fact that the current state of legal relations concerning the use of land plots by employees and landowners needs to be reformed. This is conditioned upon the fact that employees are not motivated to improve the quality of land and its soils, comply with environmental safety requirements, and preserve biological diversity in ecosystems that include the corresponding land plots. Since the main motivation is to obtain a certain benefit, and sanctions for non-compliance with the requirements of legislation in the field of land protection are inefficient, the use of hired labour in agriculture is often described as a negligent and mindless attitude towards land use and ensuring environmental safety. But the owner or user of a land plot that uses it as a farmer, cooperative member, entrepreneur, etc., is motivated not only to make a profit at a given time, but also to improve its quality characteristics, ensure environmental safety, and preserve ecosystem biological diversity, since this is a factor in the stability of obtaining profits from agricultural activities performed on a certain site and in the futur
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