Dismissal Procedures Research Articles

Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes

The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.

The algorithm of personnel turnover management of industrial enterprises

The object of research is staff turnover as a socio-economic phenomenon, the subject is the construction of an effective algorithm for managing it in an industrial enterprise. The authors identify the nature of staff turnover at the level of analysis of the causes of this phenomenon. Staff turnover is presented in the article as a multifaceted social phenomenon that has not only purely economic and managerial, but also psychological and general social aspects. The understanding developed on this basis allows us to form a methodological basis for building an effective algorithm for minimizing staff turnover. Particular attention is paid to the computational and mathematical justification of the processes under study and the solutions proposed on this basis. The article combines the methods of theoretical analysis and practical empirical research. The first allow us to identify the essential, structural and substantive aspects of the problem, while the second – to offer specific calculations that substantiate theoretical postulates. The proposed algorithm is constructed on the basis of the abstraction method, which implies the allocation of individual stages, the justification of their significance, as well as the synthesis method, which implies the connection of stages into a single empirically based system. As a result of the conducted research, the authors come to the conclusion that an effective algorithm for managing staff turnover at an industrial enterprise should be divided into five interrelated stages. These stages include determining the level of staff turnover; determining the level of economic losses caused by staff turnover; determining the specific causes of staff turnover: determining a system of measures aimed at normalizing the process of releasing labor, improving the dismissal procedure, overcoming excessive turnover; determining the effect of implementing the developed measures, improving the dismissal procedure, overcoming excessive turnover. This algorithmization, combined with a comparative analysis of the costs of carrying out these activities and losses due to excessive turnover, allows you to bring the turnover rate to its natural rate (3-5%) will save about 2% of the annual wage fund. The theoretically grounded algorithm in combination with the presented calculation methodology determine the local scientific and methodological novelty of the presented article.

Register of dismissed persons in customs authorities: stress as a consequence of dismissal

The article discusses the dismissal process in customs authorities and provides an overview of the most common situations in the dismissal process. Regulatory documents and elements of digitalization of some areas of activity of customs authorities are provided, which help improve the quality of work of the customs service. Also highlighted are the circumstances that should be paid attention to when carrying out the dismissal procedure using the example of customs authorities, for example, issues such as disciplinary action for corruption offenses, dismissal from the customs service due to loss of trust, etc. The article briefly describes the criminogenic tendency of an individual, characterized by a lack of anti-criminal stability. It is noted that the professional activity of any employee is accompanied by various stress factors, where dismissal is one of the main factors of professional stress, which should be made as mild as possible, eliminating negative psychological manifestations through psychological support.

Dismissal from service (from the ranks of the NPU): organization, legal regulation and social consequences

This work examines the issue of dismissal from service (from the ranks of the NPU). Issues related to organization, legal regulation and social consequences are considered.
 It is noted that there are three stages of dismissal from the ranks of the NPU. The first stage is the adoption of a decision on dismissal, where the question of the admissibility of termination of service relations is decided. The II stage consists in the collection and coordination of the documents necessary for the dismissal of the employee. At this stage, draft orders are prepared, which contain information about the reasons for dismissal, personal data of the employee and the relevant clause of the law. The third stage includes registration of the fact of termination of relations with the National Police body, which involves the exclusion of the employee from the personnel lists, signing of the bypass letter and carrying out a financial settlement.
 The organization of dismissal from service in the ranks of the NPU is based on the relevant legal acts regulating the dismissal procedure and the grounds for making such a decision. A detailed study of these regulations allows you to understand the rights and obligations of the parties involved in the dismissal process, as well as to determine the procedure for its implementation.
 The article pays special attention to the legal regulation of the dismissal procedure. It has been analyzed that the norms are defined by legislation and highlight the order of their application. This analysis is based on the provisions of laws regulating the activities of the National Police.
 A separate part of the article is an analysis of the social consequences of dismissal from service. Dismissal can have a serious impact on the psychological state of the employee, his social status and financial stability.
 As a conclusion, it is said that the procedure for the dismissal of police officers includes several consecutive stages that ensure the legality and formality of this process. Each stage has its own important role in ensuring the correct termination of service relations and compliance with the established requirements of the law. This article analyzes in detail the organization of dismissal, its legal regulation and social consequences, which makes it interesting and useful for researchers and practitioners.

Summary Dismissal in Arbitration

This article considers the United Kingdom Law Commission’s recent proposal to amend the Arbitration Act 1996 so as to expressly empower arbitral tribunals to make orders for summary dismissal of meritless claims/defences (among several other reforms to the Act). Noting the summary dismissal procedures available in the English courts and the provisions for summary dismissal now included in the procedural rules of the major arbitral institutions, this article concludes that such an amendment to the 1996 Act would be a very welcome development, promoting efficiency in London-seated arbitration and thereby further securing London’s position as one of the most popular seats of arbitration.
 Keywords: summary dismissal; summary judgment; Arbitration Act 1996.

Dismissal of employees due to reduction of the number or state of staff

The dismissal of employees reprezents the termination of individual employment contracts at the initiative of the employers. Dismisssal of employees is allowed only in the cases strictly provided by lae, the eployer not havind the roght to establish additional cases of dismissal of employees through normatice acts at unit level. The economics crisis iften causes employers ti lay off employees duet o a reduction in the number or staffing levels. In these cases of employee dismissal, the employer is obligated ti comply with a series of legal conditions, mbeing the mostcomplex procedure for employee dismissal. In this article we propose ti analyze the normative framework related to the procedure for the dismissal of employees due to a reduction in the number or stuffing levels.

GERMAN EXPERIENCE IN REGULATING PROCEDURE FOR DISMISSAL OF CIVIL SERVANTS: AREAS OF APPLICATION IN NATIONAL LABOUR LEGISLATION

The relevance of the article is due to the need to optimise and review for compliance with European standards the institution of dismissal of civil servants. Therefore, the modernisation of the civil service in line with the European experience is one of the priority tasks facing the national legislator, and the institution of dismissal of civil servants is one of the issues that, in our opinion, could be improved on the basis of the legislation of European countries. The experience of those countries, which have the civil service modernised and reformed already in the last century, and today have a stable and sustainable system where each element functions properly is certainly useful for Ukraine. Such countries include the Federal Republic of Germany, which is traditionally considered by domestic researchers as a model for reforming any civil service institution. The article analyses the specifics of German legislation regulating the procedure for dismissal of civil servants. The author presents the legislative provisions of Germany in the context of the area under study. The article reveals how the specificities of the national legal framework for the procedure for dismissal of civil servants differ. The positive aspects of progressive foreign legislation are noted. Specific proposals are made to adopt the positive German experience into national labour legislation. It is found that since German law does not set minimum time limits for a civil servant to notify the appointing authority of his/her dismissal, this way the interests of the State are protected if the dismissal of a civil servant will harm them in the short term. An alternative to such changes may be to grant the appointing authority the right to postpone the dismissal of a civil servant if his or her dismissal within the timeframe specified in the application would harm the public interest. For example, in case a civil servant performs certain official tasks that cannot be transferred to another employee, or if the head of the civil service has reasonable doubts about finding an adequate replacement for the civil servant within the time limits established by law.

Peculiarities of Аpplication of the Institution of Exemption from Liability to Administrative Offenses in the Field of Road Safety, Recorded Automatically

The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term "minority offense", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.

Odnos disciplinskog i otkaznog postupka u radnom pravu Republike Srbije

In the labor law of the Republic of Serbia, in the general employment regime, the institute of disciplinary liability is regulated within the institute of termination of employment, i.e., legal provisions on termination of employment contracts due to violation of work obligations and non-compliance with work discipline. However, the process of establishing employees' liability for severe breaches of work obligations and failure to adhere to work discipline during the employment contract termination notice period may not constitute an adequate solution. Firstly, this is due to the relevant regulations not addressing, even at a fundamental level, the specifics of the disciplinary procedure. Instead, they establish liability for work obligation breaches and failure to comply with work discipline within the termination procedure, where disciplinary actions are also determined and applied. Given that the mechanisms that limit the abuse of the employer's disciplinary powers are significantly weakened, the author points out the necessity of re-examining the concept of disciplinary liability and disciplinary procedure. Although disciplinary and dismissal procedures have certain similarities, they are two distinct labor law institutes with different objectives. By applying the normative and comparative legal methods, and analyzing the results obtained through empirical research and case law, the author will present the observed problems related to the current regulation of these institutes and propose potential solutions de lege ferenda.

HUMAN RESOURCES MANAGEMENT AS A COMPONENT OF ORGANIZATION INFORMATION SECURITY

The cyber threat landscape has undergone major changes in recent years. Compared to any period since the beginning of the information age, it is more diverse and broad. First, the Covid-19 pandemic, namely the resulting transition of organizations to remote work and then the full-scale invasion of Ukraine by the Russian Federation, made adjustments to the information security strategy. Today, most organizations are aware of security threats and the need to create a reliable information security management system to ensure their effective operation in an information environment that is aggressive both technically and socially. An important area of information security in an organization is human resource management since, according to statistics from a number of reputable analytical centers, employees are the weakest link in any data security system. The organization's human resources management includes a thorough recruitment process, fostering a responsible attitude to work in compliance with the requirements for protecting restricted information, developing a corporate culture of information security and dismissal procedures. The article provides a list of documents of the regulatory framework, namely, international security standards, regulatory documents of public authorities, and internal documents of an organization regulating the rules and methods of work with personnel. The main motives for the unlawful behavior of an internal attacker are highlighted, and the organizational measures recommended in the context of ensuring information security at all three stages of interaction between a person and an organization: employment, employment, and dismissal are described. There is also indicated the expediency of using psychoanalysis, psychology, management ethics and conflictology methods in the field of personnel management for forecasting and prevention of informational threats.

DISMISSAL OF A PERSON FROM THE PUBLIC SERVICE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

The article provides a structural analysis of the administrative and legal regulation of the procedure for the dismissal of a public servant from a position. It is emphasized that in the doctrine of administrative law there are significant gaps in knowledge about the peculiarities of the legal regulation of relations of dismissal of a person from public service. It is proposed to distinguish three levels of administrative-legal regulation of public relations regarding the dismissal of a public servant from his position: 1) public relations, which are actually regulated by the norms of administrative law (the subject of administrative-legal regulation); 2) social relations that are not regulated, but must be regulated by the norms of administrative law (the sphere of administrative-legal regulation); 3) social relations that are not directly regulated by legal norms, but are indirectly influenced by other legal relations (object of administrative and legal regulation). In particular, according to the subject of legal regulation in the system of administrative law, the legal institution of dismissal of a person from public service is dis­tinguished, which regulates official relations regarding the procedure for dismissal on legal grounds of a public official from a position. The need to consider social relations that arise when a person is dismissed from public service through the prism of the object of administrative and legal regulation is substantiated. It was concluded that the object of administrative-legal regu­lation of the dismissal of a person from public service positions is a synthesis of, firstly, social relations that are already regulated by administrative law (the subject of administrative-legal regulation), and secondly, social relations that require administrative - legal regulation (the sphere of legal regulation), and, thirdly, social relations that are not regulated by administrative law, but feel its indirect influence. It was found that the subject of administrative-legal regula­tion indicates the result of legal regulation of relations regarding the dismissal of persons from public service positions, the sphere of administrative-legal regulation - about the existence of gaps in the grounds and procedure for the dismissal of public servants from their positions, and the object of administrative- of legal regulation - about the presence of a positive or nega­tive indirect influence of the norms of administrative law on other social relations that are not regulated by law.

ПОНЯТТЯ ТА ОСНОВНІ СКЛАДОВІ ЕЛЕМЕНТИ АДМІНІСТРАТИВНО-ПРАВОВОГО СТАТУСУ ПРОКУРОРА В УКРАЇНІ

The article considers the issue of defining the administrative and legal status. The concepts and elements of the legal status of the prosecutor are defined. The structure of the administrative and legal status of a prosecutor is detailed through the prism of its division into three structural elements, in particular: general, which is determined by the position of a prosecutor of a certain level; special, includes tasks and functions of realization of managerial powers; individual, it includes forms and methods of implementing the relevant functions, which are determined by law. It is determined that the level of administrative and legal status of the prosecutor should be considered as regulated by law the scope of powers, rights, duties, guarantees and responsibilities inherent in the corresponding types of positions in the prosecutor's office. The study outlines the principles on which the prosecutor's activity is based, namely the fundamental ones: rule of law, legality, political impartiality, inadmissibility of combinations during service in the prosecutor's office, priority of human and civil rights and freedoms, etc. As a result of the research, the elements of the administrative and legal status of the prosecutor include: normative legal acts that regulate the activities of the prosecutor; a certain procedure for appointment; powers of the prosecutor as a set of rights and responsibilities governed by administrative law; performance guarantees; the procedure and grounds for prosecution; procedure and grounds for dismissal.

Resolution of disputes on termination of the employment contract by agreement of the parties

The article is devoted to the outline of those issues that reveal the peculiarities of termination of employment by agreement of the parties. The authors draw attention to certain problems in determining the procedure for termination of the employment contract on this basis. In addition, the authors focus on the study of the characteristics of the application of the ground “by agreement of the parties.” The analysis of scientific researches of outstanding modern experts of science of labor law is carried out, their most important remarks and considerations are resulted. The latest legal opinions of the Supreme Court of Ukraine on dismissal on this ground are considered and analyzed.
 Today, considerable attention should be paid to the rules for the protection of employees’ interests in the termination of employment, as Ukrainian lawyers point out that the labor law has significantly reduced the rules aimed at protecting the interests of employees.
 The current legislation of Ukraine does not contain a legally defined relevant procedure and terms of termination of the employment contract by agreement of the parties. Lack of documentation of the agreement of the parties may have adverse consequences for the parties to the employment contract, as well as complicate the consideration and resolution of individual labor disputes. It is these circumstances that require the definition in the labor legislation of Ukraine of the procedure for reaching and drawing up an agreement between the parties to terminate the employment contract.
 The real possibility of protecting the rights of employees upon termination of an employment contract on this basis depends on the effectiveness of the mechanism of judicial and state control over the employer’s compliance with the procedure for dismissal by agreement of the parties.
 Judicial practice at the Supreme Court level provides answers to questions that are not clearly regulated by law, allowing employers and employees to make informed and lawful decisions in this area. It should be noted that today the normative regulation of the provisions on the procedure for terminating an employment contract by agreement of the parties and bringing them into line with law enforcement practice needs to be improved.

AGENCIES AND OFFICIALS, AFFECTING DECISIONS ON DISMISSAL OF A PROSECUTOR IN UKRAINE

An independent prosecutor’s office is a guarantee of observance of laws and public order in any state, including Ukraine. A clearly defined and transparent procedure for dismissal of a prosecutor from his/ her office is, in particular, a component part of the prosecution agencies independence. Based on the results of systematic processing of laws and regulations as well as judicial practice, the scientific paper outlines the range of agencies and officials, with the participation of which the decision to dismiss a prosecutor from his/her office is made. The author established which subjects have a direct influence and which have an indirect influence on staff issues at the Prosecutor's Office of Ukraine. The role of each subject in dismissal of a prosecutor from his/ her office is detailed and the consequences of such subjects’ influence are analyzed.

Holding Up a Democratic Facade: How 'New Work Organizations' Avoid Resistance and Litigation When Dismissing Their Managers.

New work is used as a general term to summarize professional developments in contemporary work style, structure and modus of organizations and society—this means collaborative work and flexible working hours on individual levels, and flat hierarchies and participatory decision-making on organizational levels. Contemporary corporations strive to orient toward the concept of new work to keep up with stakeholder demands, for instance in their branding strategies as an employer. However, studies on organizational practices indicate that alongside explicit values and agendas, organizations tend to slyly exert power to secure their (economic) interests. Constructive dismissal is one such instance where contractually protected employees are made to resign their positions because the work environment is altered to become increasingly unbearable. This research analyzes two case studies to explicate routine dismissal procedures at the managerial level in two internationally operating German corporations. Both corporations explicitly profile as new work environments and are structured according to democratic principles including flat hierarchies, feature institutionalized diversity management including control committees for equal opportunities, and emphasize values such as workplace dignity, employee agency, and equality. The data contain long-term participatory observation collected over a 6-month period from two managers of 5 and 8 years of experience in managerial duties. The content analysis of data reveals characteristics of everyday processes in these organizations especially in terminating managers. The findings are presented as the ‘model of the silent dismissal,’ containing seven types of managerial termination carried out by implicit power and symbolic conventions that circumvent subject participation and litigation in an effortless manner. After exposing the model’s mechanisms, we turn to discuss its meaning for both terminated and surviving subjects against a critical theoretical framework of neoliberalism, democracy, and power.

The original sin: Firms’ dynamics and the life-cycle consequences of economic conditions at birth

This paper presents new evidence suggesting that the aggregate conditions faced by businesses in the year of birth affect their performance over the entire life cycle. Using a unique employer–employee dataset that covers the universe of Italian businesses over the period 1975–2017, we document that businesses born during recessions start on a larger scale and remain larger compared to businesses born during expansions. These effects persist when we account for: fixed effects at sectoral, provincial and time level; exit attrition; regional and sectoral economic conditions; firm common characteristics; firms’ quality; and business formation. We then exploit the reform of the dismissal procedure implemented in Italy in 1990 for gauging the impact of labour market regulation on business creation. We find that a tightening of employment protection widens the employment gap in favour of recessionary startups. The evidence in the paper supports a countercyclical mechanism of selection at entry.

ОСОБЕННОСТИ РАССМОТРЕНИЯ ИНДИВИДУАЛЬНЫХ ТРУДОВЫХ СПОРОВ О РАСТОРЖЕНИИ ТРУДОВОГО ДОГОВОРА ПО ИНИЦИАТИВЕ РАБОТОДАТЕЛЯ

The article is devoted to the analysis of topical problems of termination of an employment contract at the initiative of the employer, the effectiveness of legal mechanisms for protecting the rights of workers when reinstating at work. It is said that when considering individual labor disputes on termination of an employment contract at the initiative of the employer, there are a number of features, due to which certain problems and violations of labor legislation arise. The problematic issues of the institute of employee restoration at work are considered. The materials of judicial practice in cases of challenging the fact of dismissal of an employee at the initiative of the employer are analyzed. The conclusion is substantiated that a clear regulation of the rights of the employee and the employer, individual procedural actions and measures in the Labor Code of the Russian Federation when carrying out the dismissal procedure at the initiative of the employer, serves as the basis for the legality of court decisions.

Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte

Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(1) of the constitution. The court based its finding on textual and contextual interpretive considerations. Its interpretation of section 23(1) was not sound. A narrow, grammatical approach, namely that the text of section 23(1) does not refer expressly to such a right, cannot be followed when the meaning of open-ended constitutional phrases like “fair” labour practices is determined. And an extra-textual reference to the protection of the right in ordinary law is not relevant when the meaning of a constitutional provision is determined. Aspects of human dignity and physical and psychological integrity cannot be removed from the protective ambit of the bill of rights because they are protected by ordinary rules of the law of delict and criminal law. Viewed contextually with the other provisions of the bill of rights, the constitutional right to fair labour practices, like the right to access to housing, food, health and social services, children’s rights and criminal and civil procedural rights, protects other constitutional rights in a particular field, in this case in the field of labour relations. Apart from the fact that it can hardly be contested that every employee has a vital interest not to be dismissed unfairly, many other rights, for example, to human dignity, physical and psychological integrity, economic activity, association and audi alteram partem, may be limited factually by dismissals and dismissal procedures. The scheme and ethos of the South African bill of rights is that these special rights that overlap with the general rights are guaranteed separately. Within this context one of the ironies of the artificial exclusion of a right from the protective ambit of the special right is that its violation may, like in systems without these special rights, be challenged on the basis of the unjustifiable limitation of the general rights. A rule of thumb that the protective ambit of constitutional rights should be interpreted restrictively because the application of the weak rational relationship test as part of the rule of law serves the separation of power principle better than the application of the stricter reasonable test for the limitation of constitutional rights (in the separate concurring judgment of Theron J) is questionable. Whereas legality as part of the rule of law is always complied with when the weak rationality relationship exists, reasonableness in terms of section 36 does not always amount to the application of a stricter test. The existence of a very compelling purpose (to combat a pandemic that threatens life and limb) or a factually slight limitation of a right (to stop at a stop sign) could be the basis of a conclusion that the limitation is justifiable when the weak rational relationship test is complied with. The court’s consideration of proportionality under the umbrella of the application of the weak rational relationship test causes more uncertainty in the present somewhat unruly field of the application of rationality tests.

Problems of small business in Ukraine and ways for their overcoming

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

ТЕОРИЯ КАДРОВОЙ БЕЗОПАСНОСТИ: СОВРЕМЕННОЕ СОСТОЯНИЕ И МЕХАНИЗМ ОБЕСПЕЧЕНИЯ

An effective complex of personnel security of the company is the basis for its continuous improvement. Rational implementation of human resources makes it possible to minimize the risks of production hazards, provide continuity of production and, consequently, increase the economic efficiency of the entire company. Indicators of the state of personnel security in order to maintain it are taken by the report at the time of recruitment, formed by the use of a motivational complex in relation to it and the formation of loyalty to the company in the personnel, in addition, it concerns the procedure for personnel dismissal.