Contract Conditions Research Articles

Content of the contract as a type of employment contract

The current state of legal regulation of mandatory and additional terms of employment contracts and contracts in Ukraine has been studied and its shortcomings have been identified. It has been specified that a rather long legislative uncertainty regarding mandatory and additional terms of an employment contract and the current conflict of legislation on this issue have led to the existence of different positions in the science of labour law regarding the terms of an employment contract. Scientists’ views on the essence of the content of an employment contract have been analysed.
 It has been proven that the terms of the employment contract should be considered the terms that are drawn up by its parties. Traditionally, such conditions in labor law are divided into mandatory and additional. The terms of the employment contract are recognized as mandatory, without which the content of the employment contract or contract cannot be considered concluded. Those without which the conclusion of an employment contract or contract is possible are considered additional.
 Mandatory and additional terms of the contract have been defined. Mandatory terms of the contract are: place of work; labor function; the moment of the start of the work and the duration of the contract; rights and duties; terms and amount of remuneration; financial support of the employee; labor organization; responsibilities of the parties; terms of termination of the contract. Additional terms of the contract are: term and conditions of the trial; non-disclosure of commercial secrets and other legally protected information; frequency and duration of professional training, retraining and advanced training of the employee; improvement of working conditions, industrial life and recreation; medical and sanatorium provision; social and household benefits and social and cultural services. There is a well-founded need to supplement the Code of Labor Laws of Ukraine with Article 21-2 “Content of the employment contract and contract”, in which mandatory and additional conditions of the employment contract and contract shall be established.

Collateral Functions In Baitulmal Wal Tamwil (BMT) Positive Legal Perspective and Sharia Economic Law

Microfinance institutions in Indonesia are experiencing very rapid development with the existence of the Baitulmal Wal Tamwil (BMT) as a new breakthrough by offering financing products that are present in the midst of a lower-class economic society. The development of Baitulmal Wal Tamwil (BMT) today offers many products in financing. At Baitulmal Wal Tamwil (BMT) the financing offered includes: mudharabah financing (youth cheerful), mudharabah financing (equally cheerful), murobahah ceria, services (hiwalah Ceria), services (Ihrom Ceria), and policies (qord Ceria). This type of research belongs to the Normative Juridical type of research. This research aims to find out how the legal position of guarantees/collaterals in Baitulmal Wat Tamwil, Every financing in Baitulmal Wal Tamwil (BMT) requires collateral where the collateral is one of the legal conditions in the Baitulmal Wat Tamwil financing contract. This type of research belongs to the Normative Juridical type of research. This research aims to find out how the legal position of guarantees/collaterals in Baitulmal Wat Tamwil, Every financing in Baitulmal Wal Tamwil (BMT) requires collateral where the collateral is one of the legal conditions in the Baitulmal Wat Tamwil financing contract. So researchers want to examine the function of collateral in Baitulmal Wal Tamwil (BMT) in sharia economic law and positive law where collateral is often used as a problem and its legal requirements in financing transactions in the Baitulmal Wat Tamwil (BMT) microfinance institution.

Reacting to changing paradigms: How and why to reform electricity markets

The energy crisis and the accelerated transition to climate neutrality result in a shift from the traditional energy trilemma to an “energy quartet” across Europe. Firstly, the criteria of affordability, previously focused on short-term price developments, broadens to reliable affordability including in crises. Secondly, clean energy traditionally focused on clean production now extends to clean energy systems with climate neutral provision of flexibility and enhanced energy efficiency. Thirdly, generation adequacy extends to energy system resilience, for example to interruptions of fuel supply. Fourthly, a new objective of reliable speed is emerging, responding to the constrained carbon budget and the need for predictable demand for energy technologies to unlock investments in manufacturing capacity. Synergies can be realized by jointly addressing the energy quartet. First, hedging of both consumers and producers against power costs (but not price) fluctuations by passing on the conditions of contracts for differences to consumers can enhance speed and predictability of renewable investments. Second, nodal pricing allows the demand side to resolve rather than contribute to transmission constraints, enhancing system security and reducing emissions from fossil assets, which are currently dispatched to resolve transmission constraints. Third, a reformed strategic reserve can contribute to reliable affordability and system security.

Соглашение об уплате алиментов: проблемы теории и практики

Статья посвящена исследованию правовой природы соглашения об уплате алиментов как гражданско-правовой сделки между плательщиком алиментов и получателем алиментов. Соглашение об уплате алиментов заключается во внесудебном порядке, и к заключению, исполнению, изменению, расторжению и признанию недействительным соглашения об уплате алиментов применяются нормы Гражданского кодекса Республики Казахстан. Автором рассмотрены теоретические и практические проблемы правового регулирования института соглашения об уплате алиментов. Проанализированы существенные условия алиментного договора, порядок заключения, изменения и прекращения договора. Акцентировано внимание на проблемах определения понятия «соглашение об уплате алиментов», правовой природе договора, а также фактических сторон соглашения, правовом статусе законных представителей сторон. Целью исследования является изучение теории и анализ правовых норм, регламентирующих заключение соглашения об уплате алиментов, нотариальную практику по удостоверению данного соглашения и судебную практику по рассмотрению споров, связанных с оспариванием, изменением, прекращением, исполнением данного соглашения. В заключении автор дает собственное определение понятия соглашения об уплате алиментов как гражданско-правовой сделки, заключаемой между лицом, обязанным уплачивать алименты, и получателем алиментов о размере, условиях, порядке и способе выплаты алиментов.

Правовые вопросы защиты коммерческой тайны работодателя

В статье определены меры, принимаемые работодателем по охране информации, составляющей коммерческую тайну, условия отнесения информации к коммерческой тайне. Указаны действия, которые может предпринять работодатель для снижения внутренней угрозы от незаконного разглашения коммерческой тайны. Предложено предусмотреть в трудовом договоре с руководителем организации его обязанность по обеспечению охраны конфиденциальности, составляющей коммерческую тайну информации, обладателем которой являются организация и ее контрагенты, и ответственность за обеспечение охраны конфиденциальности этой информации. Автор утверждает, что условие трудового договора о неразглашении охраняемой законом тайны (государственной, служебной, профессиональной или коммерческой) должно относиться к числу обязательных при наличии таких видов тайн в организации, в случае если работник в установленном законом порядке допущен к соответствующей информации. Также предложено предусмотреть в Трудовом кодексе Республики Казахстан условие о неразглашении информации, составляющей коммерческую тайну, и после прекращения трудовых отношений, а также обязанность работника возместить работодателю ущерб в случае разглашения этой информации. Обоснована необходимость разработки комплекса правовых норм, в котором необходимо определить пределы договоренностей сторон и уровень компенсации для работника. Автор считает, что имущественные интересы обладателя прав на коммерческую тайну необходимо защищать в рамках трудового законодательства, а именно ввести элементы гражданско-правовой ответственности, а в случае разглашения коммерческой тайны после прекращения трудового договора — привлечь работника к гражданско-правовой ответственности и к возмещению убытков через суд.

Guaranteeing the rights of the defense team while conducting forensic examination

The author of the article has studied the procedural mechanism of guaranteeing the rights of the defense team while conducting forensic examination. The conclusion has been substantiated that a forensic expert may be involved into criminal proceedings at the initiative of the defense team according to the following methods: 1. Independent involvement of an expert on contractual conditions to conduct examination. 2. Involvement of an expert by an investigating judge, court at the request of the defense team. 3. Involvement of an expert by initiating to the prosecution the conduction of forensic examination.It has been stated that procedural opportunities in regard to the methods of involving a forensic expert by the defense team to participate in criminal proceedings should be clarified by the prosecution and the court, given the requirements of the Criminal Procedural Code of Ukraine related to the need of guaranteeing the rights of criminal proceedings participants during procedural actions.The author has formulated own opinion, according to which the possibility of independent involvement of an expert by the defense team on the contractual conditions for conducting examination is a form of implementation of the adversarial principle and freedom in presenting their evidence.The points of view of scholars on the problematic issues of independent involvement of an expert by the defense team to conduct examination have been analyzed. It has been offered to regulate the procedure of the defense team’s appealing the order of an investigating judge to refuse in satisfying the request for conducting examination in the Criminal Procedural Code of Ukraine.It has been noted that the right to file a request for conducting examination to the prosecution, investigating judge, court is given by the defense team to such participants in criminal proceedings as a suspect; an accused (defendant); a condemned; an acquitted person; a person who is the subject to coercive measures of medical or educational nature or there were expected to be applied, their defenders and legal representatives.

A framework for smart construction contracts using BIM and blockchain

Poor payment practices are perceived as one of the biggest challenges facing the construction industry. Since payments are issued according to project contract terms, the project’s cash flow is inherently affected by the contract and how parties fulfill their obligations. This research proposes a framework for payment automation in construction projects to achieve smart construction contracts. Payments are automatically issued upon satisfying contract conditions using blockchain. Cryptocurrency is proposed to be utilized in the framework to execute the contract terms with no need for a third party to process project payments. 5D BIM is used to model the geometry of buildings and visualize project progress together with payment status using Autodesk Revit, Navisworks, and Primavera P6. The developed framework has the potential to reduce the consequences of poor payments. An actual case study for a construction project in Cairo, Egypt is worked out to demonstrate the main features of the proposed framework. The results of the case study reveal that project cash flow is secured and payments are instantly issued. Moreover, electronic records of payments are kept on the blockchain.

Draft Regulation of the European Union about artificial intelligence and related initiatives

The article generally examines the project of the European Law on Artificial Intelligence (hereinafter the European Law on Artificial Intelligence — EAIA, and artificial intelligence — AI), developed by the European Commission, which is part of the AI package presented by the European Commission, which additionally includes the European Commission's message on promoting a European approach to AI; revision of the coordinated plan with AI (with EU member states); appropriate assessment of the impact of the project of the EAIA. Such an AI package defines the European approach to the regulation of AI in the European Union. An overview of the main amendments to such a project by the Council of Europe is also presented. The tools designed to facilitate the application of the future EAIA are also analyzed and briefly described. Thus, a review of the model law on artificial intelligence was carried out, which contains original provisions on the regulation of AI, and also suggests to interested persons to use the provisions of both the EAIA and other existing legal acts of other countries, the purpose of which is to make it easier for other countries to develop own laws regarding artificial intelligence. The model of compliance of AI systems with such a law is important from the point of view of applying the provisions of the future EAIA. This aspect provides a general characterization of such a model, the main purpose of which is to serve as a management tool that ensures and demonstrates that the development and operation of an AI system is trustworthy i.e. compliant with legislation, ethically reasoned and technically reliable and therefore compliant with the EAIA. Since the market for the use of AI systems isalready operational, it is important from the point of view of guarantees, legal compliance and liability for the damage caused to develop appropriate standard contractual terms. Thus, this article examines the standard conditions of such contracts, which are already used in some European countries, namely in the city of Amsterdam (Netherlands), as well as trends in the development of a standard contract for the purchase of AI systems by state bodies.

Unfair terms in contracts involving consumers

The article is devoted to the analysis of unfair terms in contracts with the participation of consumers, a practical problem that often occurs alongside the discussion of measures to strengthen the protection of consumer rights in Ukraine. The modern stage of the development of contract law involves the borrowing of the generally recognized in their effectiveness of the legislation of the EU countries.
 The article analyzes the problem of unfair contract terms from the point of view of the legislation of EU countries and concludes that basing the strategy of economic growth on strengthening the protection of consumer rights is an effective legislative approach that is necessary for the future of Ukraine.
 In the author's opinion, approaches to inseparability or limited severability of the terms of a consumer contract should provide for the opportunity for the consumer to separate from the unfair term of the contract or to amend the contract with an unfair term, if the invalidity of such a contract can cause irreparable damage to the consumer.
 The author proposes to develop an agreed method of replacing unfair conditions based on the practice of alternative provisions and additional interpretations, which is widespread in the EU countries.
 The article analyzes interdisciplinary studies that practically confirm the effectiveness of EU legislation in satisfying consumer rights and the effect that this strengthening has on subsidizing new markets of the economy.
 As a result, it was established the need to raise the minimum level of consumer rights in Ukraine, since the gap that exists today between Ukraine and the EU in this matter will not allow our country to significantly strengthen its position in the internal European market.
 In order to eliminate the problem of unfair conditions in contracts with the participation of consumers, which exists in the civil law of Ukraine, the author proposes to supplement the domestic legislation with the provisions of the articles based on the samples of the civil codes of the EU member states, which were analyzed by him in the text of the article, to develop a certain interpretation or an additional provision that will take the text of Directive 93/13/EEC as a basis, as well as change the existing approach to consumer rights protection in Ukraine.

QUALITY MANAGEMENT PRACTICES IN GONDRANG-PULCHOWK SIX-LANE ROAD UPGRADING PROJECT AT CHITWAN DISTRICT, NEPAL

The objective of this study is to assess the current quality management practices, determine the factors affecting quality management and to find out remedial measures that will improve the quality management practices in Gondrang-Pulchowk six-lane road construction project.This research methodology is based on interviews and questionnaires survey with clients and contractors who were involved in the project as well as experts from related field. Statistical tools, relative importance index, validity and reliability tests, Spearman’s correlation tests were used for the ranking of different quality aspects.From the comparative study, it was found that most guidelines of the General Conditions of Contract, Special Specifications and Quality Assurance Plan of the contract document were met during project execution although few concerns of safety and correspondence remain to be addressed.From the questionnaire survey, it was found that the practices to achieve quality need to be improved. Contractors consider cost factors as major factor affecting quality in the project whereas lack of supervision by contractors is cited by the clients as major factor affecting quality. To overcome the challenges of quality, proper material selection and usage, inspection, quality training, setting up quality department are seen as remedial measures. Improving safety at site, maintaining written correspondence, incorporating elements of ISO, proper selection and usage of materials, holding quality trainings and setting up quality control department are recommended for this project.

Drivers of captive relationships in the pangasius and tilapia value chains in Bangladesh

The aquaculture sector plays an important role in food security, poverty alleviation and sustainable livelihoods in many developing countries. However, the positive impacts of participating in aquaculture activities, especially for small-scale producers, are hampered by lack of access to resources, distribution of risks and power asymmetries. In this study, we investigate power asymmetries and their influence on value addition in Bangladeshi value chains for pangasius and tilapia. A face-to-face survey was conducted with 1099 actors along these aquaculture value chains, the results of which suggest that power scores, power relationships and drivers of captive governance are present in the two value chains, and, in light of this, we evaluated the role played by ‘power’ in the strategic purchasing decisions of actors. Overall, we found asymmetric power scores and adverse captive governance in the relationships between farmers and feed sellers, whereas market governance and a more level competitive environment prevail in the remaining parts of the supply chain. Based on logistic regression, we identified the influential drivers of captive governance by calculating the odds ratio of significant variables. The knowledge, information and contract terms and conditions of feed sellers put them in an advantageous position over farmers.

Desain Pemasangan Sistem Pembumian pada Gardu Induk Baru di Gardu Induk Kota Cane 1 x 30MVA Aceh Tenggara

ABSTRACT The presence of reliable and continuous electrical energy is very important to support modern human life, therefore its necessary to build a transmission network that connect to each other between substations. One of the important components to maintain the availability of reliable electric power in addition to the electric power protection system is the grounding system at the substation. The grounding system is useful for minimizing electric power disturbances due to overvoltage originating from the operation of existing equipment in the substation system as well as due to other factors external is a lightning impulse. In this paper, we will describe how to design and install a grounding system in substations. The type of installation of the grounding system selected is the mesh or grid method. The making of this grounding system refers to the work plan and working contract conditions, formulas commonly use in electric power engineering theory, the applicable rules and regulation of electric power system. The most important standards and variables in this design are the type and resistivity of ground resistance, step voltage, touch voltage and the length of conductor used. The result of this design after working for one month in the new substation area and measured using an Earth tester showed good result of ≤ 0.19 ohm as required by the owner is 0.3 ohm. The result of this measurement mean that the result of the grounding system design has been successfully implemented is 0.19< 0.3 ohm.

Optimizing Shipping Operations through Real-Time Monitoring and Control

The shipping industry plays a vital role in the global economy, with container shipping being one of the critical components. Shipping companies outline the time for customer stripping days in its contracts. The availability of the containers depends on the stripping days. The stripping days’ tardiness will hinder the availability of the containers. Therefore, it is fundamental for shipping companies to monitor both the actual condition and the contract condition of stripping days to estimate container availability and prompt customers to expedite the unloading process. However, there has yet to be a tool for monitoring the actual and the contract conditions. In this study, we used the recorded container stripping data to analyze container stripping days, tardiness, and other important parameters that indicate the performance and reliability of stripping containers. These data were post-processed and analyzed using data mining methods, and the resulting information was visualized using a dashboard to facilitate quick and effortless monitoring the dashboard in this study depicts post-processed data on container stripping days and tardiness for each port of discharge, cargo, customer, and other parameters. The dashboard was constructed using Google Data Studio. As a result, the dashboard is expected to help companies monitor, control, and analyze customers with high tardiness, allowing companies to act and ensure that the number of available containers after stripping meets demand at a given time.

Relationship of Compliance with Contract Conditions and Performance of Public Universities in Central Region, Kenya

Relationship of Compliance with Contract Conditions and Performance of Public Universities in Central Region, Kenya

Weather rebate contracts for different risk attitudes of supply chain members

Firms that deal with weather-sensitive products are often exposed to weather risk. How a weather rebate contract can be implemented to improve the performance of a supplier-retailer supply chain is investigated. The supplier offers a weather rebate to the retailer to compensate for the loss of sales due to weather risk. Depending on certain weather conditions, the retailer receives the rebate if it orders beyond a predefined ordering quantity. Depending on its risk attitude, the supplier uses weather derivatives to minimize the downside risk. The performance of weather rebate contracts is analyzed for three cases: risk-neutral supplier and risk-averse retailer, risk-averse supplier and risk-neutral retailer, and risk-averse supplier and risk-averse retailer. Conditional Value at Risk (CVaR) is used as the risk measure. The supply chain coordination under weather risk is investigated, and the specific conditions of a weather rebate contract leading to a Pareto-improving solution for both parties are obtained. To the best of the authors’ knowledge, this is the first study that investigates the weather rebate contract incorporating the risk attitude of the firms using a cooling degree days (CDD)/heating degree days (HDD)-based rebate structure. A comparative analysis between the weather rebate and wholesale price contracts is carried out based on the actual temperature and demand data. The results show that the weather rebate contract outperforms the regular wholesale price contract in all three cases. The study also demonstrates how to use weather derivatives to improve the performance of a supply chain dealing with weather-sensitive products.

Análisis del Ius Variandi en Ecuador: los retos del Código del Trabajo

The present study aims to investigate the content and limits of the ius variandi, including its relationship with the phenomenon of flexibility, from which it can establish a diagnosis regarding the state of its current recognition within the Ecuadorian private Labor Law. On the other hand, it deals with analyzing the development of the ius variandi in other systems of the Ibero-American context of Spain and Peru, and evaluating its impact on the essential conditions of the employment contract. Finally, an attempt is made to provide some conclusions with a view to introducing an organic regulation of the ius variandi in the Ecuadorian private Labor Law, resulting from the contrast between the findings of comparative law, on one side, and the deficiencies detected in the Ecuadorian regulations, on the other. During the research, categorized as descriptive, and conducted with a qualitative approach, through the use of analytical-synthetic, comparative and exegetical methods, it has been possible the analysis of the normative, doctrinal and jurisprudential content, about the ius variandi, produced in the context of the countries studied.

Justification of the optimal option and transportation parameters for export supplies using marine transport

The object of this research is transport provision of supplies using sea transport. The problem of increasing the efficiency of transportation of bulk cargo by bulk carriers or universal destination by optimizing the option and parameters of transport equipment is considered. For categories of goods that are exported using sea transport, it is possible to use not only different options for transport equipment – own or leased (for vessels – time charter), but also different options from the point of view of the parameters of the vehicles. In this paper, the parameters are understood as the characteristics of sea vessels, on which the main economic indicators depend – deadweight, which reflects the size of the vessel and its carrying capacity for bulk carriers; as well as the age of the courts, which determines the cost of their rent and the level of operational costs. The result of the research is an optimization model that allows to determine for each market a variant of transport equipment and its parameters. Model not only distributes deliveries according to transport options, but also determines which vessels of what size and age (for time charter) should carry out transportation. These results are focused on the exporter's decision-making process about sales markets in combination with decisions on transport provision before concluding contracts. Varying the size and age of the vessels makes it possible to consider a wider range of options from the point of view of parameters. The practical use of the model allows the exporter at the stage of preparation (before the conclusion of contracts) depending on the volume of supplies and the market situation, including the freight one, to make decisions about options for transport support, which is taken into account when formulating transport conditions of contracts. Integral consideration of commercial (volumes of deliveries, transport terms of contracts), economic (price levels, freight rates, costs) and technological (size of vessels and their age) factors within the framework of the model allows taking into account the multifaceted nature of the problem of transport provision.

IMPLEMENTATION OF RAHN ACADEMIC IN SYARIAH PAWNTOWN

The development of sharia products is currently happening in Indonesia, especially in Islamic financial institutions, various kinds of products and contracts are applied in carrying out their business activities, one of the products is the rahn contract in sharia pawn shops. Basically, sharia-based products have special characteristics such as, not using interest in any form because it can cause usury, using money as a medium of exchange not as a traded commodity, and doing business to get rewards for the services performed. Although the pillars and conditions of the rahn contract have been carried out in accordance with sharia, there are still some things that must be clarified to get the correct practice in sharia theory. This study aims to find out how to apply rahn contracts to sharia pawnshops.

Smart contracts software metrics: A first study.

Smart contracts (SC) are software programs that reside and run over a blockchain. The code can be written in different languages with the common purpose of implementing various kinds of transactions onto the hosting blockchain. They are ruled by the blockchain infrastructure with the intent to automatically implement the typical conditions of traditional contracts. Programs must satisfy context-dependent constraints which are quite different from traditional software code. In particular, since the bytecode is uploaded in the hosting blockchain, the size, computational resources, interaction between different parts of the program are all limited. This is true even if the specific programming languages implement more or less the same constructs as that of traditional languages: there is not the same freedom as in normal software development. The working hypothesis used in this article is that Smart Contract specific constraints should be captured by specific software metrics (that may differ from traditional software metrics). We tested this hypothesis on 85K Smart Contracts written in Solidity and uploaded on the Ethereum blockchain. We analyzed Smart Contracts from two repositories "Etherscan" and "Smart Corpus" and we computed the statistics of a set of software metrics related to Smart Contracts and compared them to the metrics extracted from more traditional software projects. Our results show that generally, Smart Contract metrics have more restricted ranges than the corresponding metrics in traditional software systems. Some of the stylized facts, like power law in the tail of the distribution of some metrics, are only approximate but the lines of code follow a log-normal distribution which reminds us of the same behaviour already found in traditional software systems.

The national idea and ideology of personalism as a humanitarian aura of Ukrainianity

The study analyzed the role and significance of the Ukrainian national idea (UNI) and national ideology for the establishment of independence, in particular, for the spiritual victory of Ukrainians in the Russian-Ukrainian war. UNI is considered not only as a response to socio-political and economic problems of the Ukrainian nation’s development, but also as a multi-aspect – existential, metaphysical, global – challenge. In order to resolve this complex of problems, a fundamental rethinking of views on human and society and the mechanisms of their interaction was carried out. The essence of the author’s theory of stages of the person’s spiritual development has been formulated as a metaphysical theory of personality, that has a historic-philosophical tradition originating from ancient Chinese and ancient philosophy. A person in the process of his socio-political and spiritual development is able to go through the following stages of spiritual formation: dependent, mediocre person, personality and genius, although he can stop at lower stages of development. On this basis, it is proved that there can be only two paradigms of human existence: either impersonal or personal, and their fundamental features are formulated. The concepts of equality and spiritual hierarchy have been carried out. Skovoroda’s idea of unequal equality is interpreted as a combination of equality and hierarchy: civil-political, legal equality and spiritual hierarchy. It was offered to prioritize the spiritual and metaphysical theory of personality as the basis of UNI, in which the last one is the substance, that is, the primary carrier of social existence. UNI appears as a response to the dominance of the mediocre person and the depersonalized paradigm of his existence, as a unity of primary principles and primary sources (personalities), who are their creators and actors. Such understanding of the Ukrainian idea provides grounds for a holistic solution to the socio-political, existential, pedagogical, historical, and metaphysical problems of the nation and has the prospect of spiritual improvement of the covital society. On the basis of metaphysical theory of personality and UNI, the main provisions of the national ideology were formulated, the purpose of which is to form a critical mass of ethnically conscious personalities. It is argued that a military victory requires the establishment in the public consciousness of the fundamental provisions of the UNI and the ideology of personalism. It is offered to put the guiding principles of the UNI and the ideology of personalism as a framework condition of the social contract, that will contribute to overcoming impersonal tendencies in Ukrainian society.