Legal Regulation of Homework: Changes in Labor Legislation of Ukraine

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The publication examines labor issues concerning domestic workers in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Regulation of the Labor of Domestic Workers.” The article analyzes the concepts of “domestic worker”, “domestic work”, and “household”; defines their characteristics; and distinguishes between domestic work, home work, and remote work. The article considers the rights and guarantees granted to employee under national legislation and ILO Convention No. 189, including general labor rights, as well as respect for personal dignity, privacy, and the right to determine working hours with regard to time needed for education. The article elaborates on labor law provisions concerning employment contracts with domestic workers; for example, contracts should include information about food and housing (if provided), the length of the trial period (if applicable), and other relevant terms. It is established that the employer may be a member of the household, the entire household, a representative of an individual, or a healthcare agency, while a domestic worker may be any individual over the age of 16. The article highlights the problems identified by specialized Committees of the Verkhovna Rada of Ukraine during the drafting stage, including the absence of a law ratifying ILO Convention No. 189, failure to account for the employee’s right to determine their living conditions in the household, and lack of protection against being forced to remain in the household during rest periods. The article examines a decision of the European Court of Justice emphasizing the importance of upholding domestic workers’ right to access social security benefits, regardless of the specific nature of their employment relationship. The study concludes that incorporating provisions on domestic work into national legislation reflects Ukraine’s consistent fulfillment of human rights obligations and represents a progressive step toward EU accession.

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  • Research Article
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To the issue of discrimination in the field of labor relations in today's conditions
  • Dec 9, 2022
  • Uzhhorod National University Herald. Series: Law
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The article is devoted to the study of the problems of discrimination, its manifestations in the field of labor relations in today's conditions. Because at the current stage of development and formation of Ukraine, the problems of discrimination are gaining great importance and require additional research. Today, the main problem of discrimination in Ukraine is its widespread form of manifestation, which consists in gender inequality in the field of employment and job search. Domestic legislation, international documents, as well as the views of scientists who were engaged in the study of this problem were analyzed. It is noted that discrimination in the field of labor is unequal opportunities for employees endowed with equal productivity, or unequal treatment of them by employers, society and the state; this is a deliberate restriction of the rights of the subjects of social and labor relations, which blocks their access to equal opportunities in the labor market. It was concluded that the adoption of legislative acts aimed at preventing discrimination in the field of employment (Laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Protection of Workers' Rights" dated 05.12.2022 No. 2253-IX, "On Amendments to Certain Legislative Acts of Ukraine on the optimization of labor relations" dated 01.07.2022 No. 2352-IX) will contribute to bringing domestic legislation into line with the legislation of the European Union, the practice of the International Labor Organization and will have a positive impact on the market environment. Since, as the experience of developed countries shows, non-discrimination contributes not only to the establishment of democratic principles and respect for human rights, but also has a positive impact on social and economic relations in society, allows more efficient use of human resources, and ensures stability. Especially today, when Ukrainian society has faced new challenges. In such an extremely difficult time, the field of labor legislation more than ever needs adaptation, and therefore, the introduction of appropriate changes.

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  • Research Article
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Demonopolization of the space industry in Ukraine
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  • Law Review of Kyiv University of Law
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  • Research Article
  • Cite Count Icon 1
  • 10.32689/2617-9660-2022-3(21)-51-63
PROBLEMS OF RESPONSIBILITY IN MODERN UKRAINE FOR COLLABORATIVE ACTIVITIES
  • Jan 1, 2022
  • Expert: Paradigm of Law and Public Administration
  • Leonid Mikhailovich Belkin + 3 more

The article examines the problems of responsibility in modern Ukraine for collaborative activities. It is noted that today these problems are of particular importance in Ukraine, given the ongoing occupation of part of its sovereign territories, which occurred with the beginning of Russian aggression, combined with the use of hybrid methods of warfare. It is noted that the adoption of laws on collaboration has not been decided for a long time, and only a large-scale armed invasion of Ukraine, during which (war) a large bet was made to persuade Ukrainian citizens to collude with the aggressor, accelerated the adoption of these laws. Responsibility for collaborative activities was introduced by the laws of Ukraine of 03.03.2022 № 2108-IX «On Amendments to Certain Legislative Acts of Ukraine on Establishment of Criminal Liability for Collaborative Activities» and of 14.04.2022 № 2198 «On Amendments to the Criminal and Criminal Procedure codes of Ukraine on improving the responsibility for collaboration…». It is established that the laws introduced 8 types of collaboration activities into the Criminal Code of Ukraine. Emphasis is placed on the special public danger of activities in the public sphere, as these are intentional activities committed to harm the national security of Ukraine. In addition to criminal liability, the Verkhovna Rada of Ukraine, by adopting the Law of Ukraine of 03.03.2022 № 2107-IX «On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Liability of Persons Carrying Out Collaborative Activities», introduced restrictions on certain activities for persons , who have a criminal record for committing a criminal offense against the foundations of national security of Ukraine, provided for in Article 111-1 of the Criminal Code of Ukraine, which is not repaid or removed in the manner prescribed by law.

  • Research Article
  • 10.37772/2518-1718-2024-2(46)-9
Current issues of acquisition of land rights users of nadrs
  • Jan 1, 2024
  • Law and innovations
  • Daria Danilik

Problem setting. Modern land reform in Ukraine is characterized by a number of positive changes in land legislation. With the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Sale of Agricultural Lands” the market of agricultural lands, which until that moment was under a moratorium, was introduced. As of July 1, 2021, Art. 130-1 of the Land Code of Ukraine, which regulates the preferential right to purchase an agricultural plot of land. In this connection, legislative novelties, which concern the circle of subjects with the preferential right to purchase agricultural land, are of great importance. Analysis of recent researches and publications. The legal regulation of relations in the area of exercise of the pre-emptive right to purchase agricultural land by entities in the national land law literature has been studied by representatives of the land law doctrine, among whom we should mention P.F. Kulynich, T. O. Kovalenko, O, C. Baksheiev, S. L. Goshtinar, O.M. Batygina, M.V. Shulga, and others. However, the peculiarities of exercising the preemptive right to purchase an agricultural land plot by a first priority entity a person holding a special permit for the extraction of minerals of national importance have not been disclosed. Purpose of the research is to analyze the theoretical and practical issues related to the exercise of the first priority right to purchase agricultural land by the first movers and to highlight the specifics of such a right. Article’s main body. This article is devoted to highlighting the theoretical and practical problems associated with the subjects’ realization of the preemptive right to purchase a plot of agricultural land, and the search and justification of possible ways to solve them, based on the fundamental principles of land law. The peculiarities of the realization of the preferential right to purchase an agricultural plot of land by a subject of the first order a person who has a special permit for the extraction of minerals of national significance have been investigated and disclosed. After all, at the current stage of reforming land and subsoil relations, the relevant legislation is being improved with the aim of simplifying the mechanism of obtaining subsoil for use and the necessary lands for its implementation. The adopted Law of Ukraine dated December 1, 2022 No. 2805-IX “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation in the Field of Subsoil Use” is designed to provide Ukraine with a sufficient amount of raw materials. This Law introduces a simplified procedure for obtaining subsoil for use, which will allow the industry to work and provide the country’s needs with its own mineral extraction. However, according to the current land legislation and the legislation on subsoil, the acquisition of subsoil use rights is not accompanied by the emergence of the right to the necessary land plot, which further complicates the realization of the right to use subsoil. In the process of researching current issues related to the specified topic, the need to improve the relevant legal prescriptions is emphasized, which in today’s conditions should ensure the clarity and transparency of the conditions of access by interested subjects to the subsoil and the necessary land plots. Conclusions and prospects for the development. Thus, the realization of the preferential right to purchase an agricultural plot of land by subjects of the first tier and their further use of the specified lands deserves special attention. The outlined problems related to the subjects’ realization of the preemptive right to purchase an agricultural plot of land require a legislative solution. The question remains open regarding the fulfillment by subjects of the first tier of the preferential right to purchase a land plot for agricultural use of the obligation of the owners of land plots to ensure their use for their intended purpose (Article 91 of the Law of Ukraine). It is also desirable at the legislative level to establish a clear priority and sequence of subjects with a preferential right to purchase an agricultural plot of land.

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