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1
McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Makarenko, O. Y., Ye S. Nazymko, Yu A. Krasnova, N. A. Makarenko, and V. A. Doroshenko. "Problematic issues of attracting criminal responsibility for the crimes against industrial safety." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 4 (August 30, 2022): 91–95. http://dx.doi.org/10.33271/nvngu/2022-4/091.
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Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.
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Klovach, E. V., G. M. Seleznev, and A. Yu Sulimov. "Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities." Occupational Safety in Industry, no. 10 (October 2022): 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
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Paucar Luna, Jorge. "Vacío legal en la legislación de seguridad y salud en el trabajo, perjuicio para trabajadores y el estado peruano frente a la covid-19." REVISTA XAUXA AÑO III, NÚMERO 8 - 2022 III, no. 08 (September 30, 2022): 107–17. http://dx.doi.org/10.56374/xau.03.08.22.11.
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The objective of this research was to study the legislation issued by the Ministry of Health of Peru in the framework of the issuance of prevention regulations in the face of the COVID 19 pandemic. The methodology used is the qualitative one of the Action Research type with the purpose of to determine how the health sector solved a legal vacuum in the current labor legislation, referring to the role of the Head of the Occupational Health and Safety service at work (Law No. 29783 and complementary regulations), determining its existence, responsibility, and functions. As a conclusion, it should be pointed out the lack of presence of the State in its supervisory role and the contracting of Peruvian legislation with that of neighboring countries in industrial safety.
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Schofield, Toni, Belinda Reeve, and Ron McCallum. "Australian workplace health and safety regulatory approaches to prosecution: Hegemonising compliance." Journal of Industrial Relations 56, no. 5 (January 17, 2014): 709–29. http://dx.doi.org/10.1177/0022185613509625.
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Enforcement of workplace health and safety regulations remains a contentious matter, especially in the context of Australia’s project to harmonise commonwealth, state and territory workplace health and safety legislation. This article presents the findings of a qualitative study investigating policies and practices associated with prosecution and enforcement in two Australian regulatory agencies, prior to harmonisation. The article finds that by 2008, both regulators had taken significant steps to render their enforcement policy and practice, particularly in relation to prosecution, more transparent and accountable to employers and the wider community. They produced detailed and publicly available enforcement policies and prosecution guidelines, reconfigured the work of the general inspectorate (confining it to routine workplace health and safety surveillance and the provision of education and advice to employers) and established a separate administrative unit responsible for investigation and prosecution. Both regulators structured prosecution processes to achieve explicitly technocratic outcomes, namely, enhanced efficiency, objectivity, timeliness, consistency and quality improvement in investigations. These processes went hand in hand with a dramatic decline in the use of prosecution in New South Wales from 2002 to 2010, and an uneven but marginal increase in Victoria for the same period. The article concludes by discussing what these findings might imply for workplace health and safety regulators’ approaches to prosecution and for deterrence under Australia’s new harmonised regime.
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Blahodarnyi, A., I. Koziakov, L. Strelbytska, and M. Strelbytskyi. "Regulatory content of the category “safety of mining works”." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 6 (2021): 137–40. http://dx.doi.org/10.33271/nvngu/2021-6/137.
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Purpose.To study the main elements of mining safety, as well as to formulate the definition of the concept of mining safety for its use in legal regulations of mining relations from the viewpoint of scientific literature and the norms of current legislation. Methodology.The results were obtained after applying a set of methods: a) general philosophical methods (dialectical, anthropological);b) general scientific methods (abstraction, analysis and synthesis, system analysis, classification);c) legal methods (historical and legal, comparative legal, semantic and legal). Findings.Based on the analysis of the main categories of general security theory and their application in the legislation of Ukraine, the etymology of the legal term security is studied and it is shown that the definition of this concept depends on the context of the normative legal act in which it is used. This necessitates the improvement of the conceptual apparatus of mining legislation and the development of the category mining safety. It is argued that unification of this legal category and clarification of its authentic definition will contribute to the achievement of unity and consistency of the current mining legislation, the proper regulation of public relations to ensure protection of Ukraines national interests in the field of subsoil use. The necessity of expanding the list of possible hazards of geological study and subsoil use provided for by the current legislation was substantiated. It is proposed to consolidate the authors definition of mining safety in the corresponding paragraph of Article 1 of the Mining Law of Ukraine. Originality.As a result of lexical and legal analysis, it was concluded that the definition of security depending on the context of the legal act in which it is used and the characteristics of the subject of legal regulation of certain social relations is defined as: security; security status; provision (regulatory compliance); set of measures; aggregate of nonuniform resources. Taking into account the geospheric characteristics of subsoil, as well as the peculiarities of hazard occurrence and manifestation during subsoil use, the authors put forward a classification of hazards manifestation during mining operations (geomorphological, lithospheric, geodynamic, gas-dynamic, hydrodynamic, geopathogenic, microbiological hazards, as well as the hazards of mineral nanoparticles). The additions are substantiated to the current legislation (part 1 of Article 1 of the Mining Law of Ukraine) with the following definition of the safety of mining operations: protection of vital interests of a person, society and the state from negative manifestations of geomorphological, lithospheric, geodynamic, gas-dynamic, hydrodynamic, geopathogenic, microbiological and other factors in the course of processes aimed at carrying out, securing and maintaining mine workings and withdrawing mining rocks. Practical value.The practical significance of the results is based on the fact that they can be used by the subjects of legislative initiative when improving the provisions of the current legislation of Ukraine, as well as by practical workers to organize and conduct mining operations.
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Shamansurov, S. S., O. A. Djurayev, and A. I. Ataxanova. "Improvement of the System of the Unified State Register for Hazardous Production Facilities in the Republic of Uzbekistan." Occupational Safety in Industry, no. 9 (September 2021): 15–19. http://dx.doi.org/10.24000/0409-2961-2021-9-15-19.
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Legislation on industrial safety in the Republic of Uzbekistan appeared with the adoption of the Law «On industrial safety of hazardous production facilities». This law formulates the industrial safety requirements that must be met at all stages of the operation of a hazardous production facility, from its design, location and ending with decommissioning. In accordance with Article 5 of this Law, hazardous production facilities are subject to mandatory registration in the state register by a specially authorized state body in the field of industrial safety. To meet the requirements for the implementation of the law, the State Committee for Industrial Safety adopted the relevant orders on organizing the maintenance of the state register. The article deals with the actual problem of improving the system of the Unified State Register of hazardous production facilities of the Republic of Uzbekistan. The program was developed that contains the information about hazardous production facilities, the registration, and the further maintenance of the system of the Unified State Register of hazardous production facilities are conducted. The program is implemented in the modern unified electronic register State Register of Hazardous production facilities of the Republic of Uzbekistan. The specified electronic register is introduced into the electronic document management program PEGAS of the State Committee for Industrial Safety. Maintaining the Unified State Register and accounting of hazardous production facilities, as well as the accumulation, analysis, and storage of the systematized information about operating facilities, organizations and individual entrepreneurs operating these facilities, provide efficient management and control over hazardous production facilities.
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Shamansurov, S. S., O. A. Djurayev, A. A. Suleymanov, and A. D. Abdurakhmanova. "Mathematical Model of the Estimated Efficiency Coefficient of the Use of Experts in the Examination of Hazardous Production Facilities." Occupational Safety in Industry, no. 7 (July 2022): 65–71. http://dx.doi.org/10.24000/0409-2961-2022-7-65-71.
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Legislation on industrial safety in the Republic of Uzbekistan appeared with the adoption of the Law On Industrial Safety of Hazardous Production Facilities. In accordance with Article 15 of this law, all hazardous production facilities are subject to industrial safety examination. When examining hazardous production facilities with a visit to the site, the following is carried out: assessment of the conformity of design documentation for the construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility; assessment of the compliance of technical documentation, as well as technical devices used at a hazardous production facility with the requirements provided for in the project documentation; assessment of the compliance of buildings and structures of a hazardous production facility intended for the implementation of technological processes, storage of hazardous substances with safety requirements; assessment of the industrial safety declaration and other documents related to the operation of a hazardous production facility. A mathematical model is developed for calculating the efficiency factor for the use of experts in the examination of hazardous production facilities, which allows predicting the most optimal composition of the expert group based on the operating conditions of a hazardous production facility.
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Seon, Eun-Ae. "A Study on the Improvement of Legislation in Accordance with Serious Accidents." Korean Public Land Law Association 99 (August 30, 2022): 349–69. http://dx.doi.org/10.30933/kpllr.2022.99.349.
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Paragraph 6 in Article 34 of the Constitution is prescribing that “The state shall endeavor to prevent disasters and to protect its people from the dangers.” Hence, the role of the nation is being presented concerning the prevention of industrial accidents and the protection from danger. Accordingly, it may be mentioned that workers have the right to be safe from danger and that the state has an obligation to ensure the safety of workers from social risks.
The total revision in ｢Occupational Safety and Health Act｣ on January 15, 2019 led to having appointed a person in charge and a responsible person to manage the safety and health of workers and to having been taken measures such as the organization and operation of the safety and health management regulations and of the safety and health consultative group. With regard to the enforcement in ｢The Serious Accident Punishment Act｣ that was enacted on January 26, 2021 and was implemented on January 27, 2022, the punishment, etc. for business owners, chief executives, public officials, and corporations were stipulated. It led to having come to prevent serious accidents and protect the lives and bodies of citizens and workers. The objective of ｢The Serious Accident Punishment Act｣ is not to punish the chief executive by holding him or her accountable for that, but to have a large preventive aspect to block severe accidents from occurring.
In 2022, the fatalities in severe industrial accidents stood at 303 cases(320 deaths), thereby having diminished by 31 cases and by 20 fatalities compared to 334 cases(340 deaths) in the same period of the previous year. The violation of the safety measures that caused the death accident appeared to be in order of the failure to establish the work procedures and standards such as the designation of a work conductor with 108 cases(24.4%), the failure to take action to prevent the risk of falling such as the installation of safety handrails with 70 cases(15.8%), and the failure to take safety measures for dangerous machinery and equipment such as conveyors with 53 cases(12.0%). This implies the real situation that severe accidents are only decreased but not eradicated despite the enforcement in ｢The Serious Accident Punishment Act｣. There are problems about the exemption even from the punishment because the application scope of ｢The Serious Accident Punishment Act｣ leads to being not adopted the regulations for serious industrial accidents to a business owner or a chief manager of a business or workplace with less than five full-time workers, about the extensive law application subjects, and about the ambiguous criteria for punishment in the event of an accident.
Consequently, the law application subjects need to be clarified through revising the Serious Accident Punishment Act. Thus, the range of business owners, chief managers, etc must be established. Also, there is a need to be fulfilled the obligation to secure safety and health under the Serious Accidents Act aiming to assure workers' right to safety, and to be also reviewed the safety & health education.
And to obstruct industrial accidents, the opinions of the field workers should be heard. Thus, it is necessary to arrange a procedure of listening to and reflecting the opinions on risks or improvements from field workers. In relation to the scope of workers, an expanded implementation plan must be sought by adding vocational education trainees who have signed a field training contract in accordance with ｢Vocational Education and Training Promotion Act｣. This improvement in the Serious Accident Legislation should lead to being secured workers' right to safety and to being realized their welfare.
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BOGONENKO, V. "PRINCIPLES FOR CARRYING OUT ACTIVITIES ON THE USE OF NUCLEAR ENERGY." Vestnik of Polotsk State University Part D Economic and legal sciences 62, no. 12 (November 14, 2022): 103–7. http://dx.doi.org/10.52928/2070-1632-2022-62-12-103-107.
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On the example of the legislation of the Republic of Belarus, the main principles (principles) of the implementation of activities on the use of atomic energy are considered. The norms of domestic legislation and the provisions of international acts in the field of carrying out activities on the use of atomic energy are analyzed. Emphasis is placed on national legislation on the use of atomic energy, on environmental protection, and on industrial and radiation safety. The legal characteristics of individual institutions of nuclear law are given. The foreign legal experience related to the activity on the use of atomic energy is considered. References are made to IAEA materials. The practice of international legal regulation of relations on the use of atomic energy and nuclear activity in general is touched upon. During the study, formal-logical, private law methods, as well as a comparative legal method were used. Conclusions are drawn regarding the topic of the study.
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PALERM, JUAN, INESSA RUDENKO, JEAN-LOUIS TEURLAI, TATYANA VASSILEVSKAYA, and JOSEP RENAU. "ENVIRONMENTAL AND SAFETY LEGISLATION FOR THE OFFSHORE OIL AND GAS SECTOR IN KAZAKHSTAN: A CRITICAL REVIEW." Journal of Environmental Assessment Policy and Management 07, no. 04 (December 2005): 705–33. http://dx.doi.org/10.1142/s1464333205002213.
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Kazakhstan has shown an increase in its offshore oil and gas (O&G) prospection and operation activities in the Caspian Sea since 1998, so far with a limited number of operators, but which is about to increase significantly. This is of concern, considering that the environmental and industrial safety regulatory framework is still inadequate for the prevention of pollution from a large number of operators in a very sensitive aquatic ecosystem. This paper reports on the results of a study undertaken for the European Commission Tacis programme aimed at enhancing the environmental and industrial safety regulatory framework in order to align it with EU and international best practice. Based on a comprehensive analysis of applicable international standards and regulations, as well as those of Kazakhstan, ten issues are identified which require urgent attention. These issues are discussed and recommendations made on how to address them in order to improve the regulatory system.
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Yarmol, L., M. Dolynska, N. Stetsyuk, I. Andrusiak, and I. Muraviova. "Legal security of environmental safety under the conditions of marital state in Ukraine." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 5 (October 30, 2022): 110–15. http://dx.doi.org/10.33271/nvngu/2022-5/110.
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Purpose. To develop tools, recommendations and proposals for improving international and national law in the sphere of environmental protection during the war. Methodology. The methods used are critical analysis to establish that environmental protection during the war cannot be implemented on the basis of current legislation; analysis and synthesis in the study on the state of national environmental law (EL); system analysis in the study on the state of international EL; content analysis to study the effectiveness of the protocols of Geneva Conventions; a systematic approach to building an EL-system, including bilateral and multilateral agreements; elementary-theoretical analysis to establish the narrowing of democracy in relation to punishment for environmental damage by military means; comparison which indicates the presence of hyperbolic signs of environmental damage during hostilities; abduction that leads to the conclusion that environmental protection should be systemic, continuous and permanent. Findings. An analysis of national and international environmental law during the war was conducted. The following is indicated: the presence of gaps in the legislation and the absence of legal norms of direct effect; the need for an information system for environmental monitoring together with the implementation of a systematic approach based on subsystems: from the legal fixation of environmental damage to proposals for the adoption of legal acts. Recommendations for improving environmental law were developed. Originality. An algorithm of the decision support system for operational management actions and strategic legal regulation of environmental protection during hostilities was developed. It is established that the legal protection of the environment should be systemic, continuous, and permanent. Practical value. The proposed recommendations for improving international and national environmental law during the war can be used by lawyers and scholars. The developed algorithm of the decision support system can be applied in managerial and legal practice.
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Lasak, Katarzyna. "Health and Safety in the European Social Charter." International Journal of Comparative Labour Law and Industrial Relations 25, Issue 2 (June 1, 2009): 109–22. http://dx.doi.org/10.54648/ijcl2009010.
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Work insecurity characterizes the era of globalization. The hazards arising from work exist at all times and in every part of world. Whereas International Labour Organization (ILO) standards and domestic statutory mechanisms have contributed to the reduction of many risks and dangers, a countertrend toward market conditions has multiplied and increased them in number. As this is a growing problem, some countries are making efforts to solve it in different ways. One of the strategies agreed upon at a European level is to strengthen the principles of labour law by means of protection offered by international human rights legislation. Thus, the European Social Charter has been enacted. There is no other comparable system in any other region. This paper aims to examine how useful the Social Charter is in reality.
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McEvoy, Arthur F. "The Triangle Shirtwaist Factory Fire of 1911: Social Change, Industrial Accidents, and the Evolution of Common-Sense Causality." Law & Social Inquiry 20, no. 02 (1995): 621–51. http://dx.doi.org/10.1111/j.1747-4469.1995.tb01072.x.
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This article is part of a larger study on the history of industrial safety law in the United States, one that places particular emphasis on the development of competing attributions of the causes of industrial injury as that development relates to changes in technology, political economy, and culture. The Triangle Shirtwaist Factory fire of 1911, long noted as a catalyst for Progressive Era factory reform, worked a change in the legal culture's “common sense” of why and how industrial injuries took place. By focusing on and making tangible causal theories that had been in circulation for some time but never embodied successfully in the law, the Triangle fire destroyed long-standing ideological barriers to factory legislation. It thus played a significant role in laying the epistemological foundation of the modern regulatory state.
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Buchakova, M. A., and M. D. Vershilo. "Administrative suspension of operations for violations of industrial safety: theoretical and practical issues." Law Enforcement Review 5, no. 3 (October 2, 2021): 195–204. http://dx.doi.org/10.52468/2542-1514.2021.5(3).195-204.
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The subject. The main issues of law enforcement activity on the application of administrative punishment in the form of administrative suspension of operations for identified offenses in the field of industrial safety of hazardous production facilities.The purpose of the article is to confirm or disprove hypothesis that Russian legislation allows the resumption of activities after the expiration of the period of its suspension without eliminating violations of industrial safety.The methodology of research is logical analysis of Russian legislation, statistical data and judicial decisions concerning enforcement of administrative suspension of operations in Russia.The main results. There is an ambiguous approach in the scientific literature to fixing the administrative suspension of operations in the system of administrative penalties. The effectiveness of its application is noted by some authors. At the same time, there are adverse consequences associated with the application of administrative suspension of operations for the further production activities of economic entities. Social tension in the collective of enterprises, difficulties of recovery after forced downtime, unclear prospects for further economic activity – this is not a complete list of problems arising in connection with the administrative suspension of activity. When making a court decision, judges often appoint a fine as a penalty and rarely a penalty in the form of suspension of operations. This is due to the complexity of the actual realization of suspension of operations, the special social significance of objects; the lack of a specialist's conclusion about the real danger of an offense. But if violations of industrial safety are detected during the operation of hazardous production facilities, it is initially possible to assume a high probability of serious consequences for the life and health of people, the environmental safety. Administrative suspension of activities is carried out by both judicial and non-judicial control authorities. In authors’ opinion, the application of this type of administrative punishment should be exclusively in the judicial jurisdiction. The law enforcement judicial practice concerning administrative suspension of operations in Russia is not uniform.Conclusions. There is a legal uncertainty in the mechanism of imposing administrative punishment in the form of administrative suspension of operations for violations of industrial safety of hazardous production facilities (Article 9.1 of the Russian Code of Administrative Offences). The uncertainty is manifested in the fact that the economic entity does not always eliminate the detected violations within the legally established period and after the expiration of the period for which the activity was suspended, the company resumes its activities nevertheless. Such opportunity reduces the preventive value of this punishment.
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Borodina, Nataliiа, Vasyl Golinko, and Serhii Cheberiachko. "The uncertainty and antimony of laws of Ukraine in civil sefety sphere." Legal, regulatory and metrological support of information security system in Ukraine, no. 2(38) (July 21, 2021): 27–36. http://dx.doi.org/10.20535/2074-9481.2(38).2019.233901.
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The analysis of the legislative base of Ukraine in the field of national safety is performed. It is established that the existing system of national safety does not fully take into account such components as: transport safety, life safety, industrial safety, labor safety (labor protection), man-made safety, fire safety, sanitary and epidemiological safety. It should be noted that despite the urgent need to ensure cybersecurity in modern conditions, the training of specialists carried out in higher education institutions is not coordinated with the state bodies that formulate and implement state policy in the field of national safety. It is shown that currently the terms “Civil Safety” and “Economic Security” are not defined by law and this component of national safety is not included in the national safety system at all. The structure of national safety is proposed and the compliance of safety types with the main components of national safety is determined, which will allow to remove the existing uncertainties and contradictions in the legislation. It is recommended that the next revision of the legal framework of Ukraine in the field of safety take into account the proposed structure of national safety and the defined compliance of safety with the main components of national safety, which will remove existing uncertainties and contradictions in the legislation. At the same time, the proposed structure of national safety can be changed and new definitions of concepts will be provided, which will already be based on the type of threat (military / non-military) and on the objects of influence (state / society / person).
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Erimia, Cristina-Luiza. "Harmonization of the National Legislation on Cosmetic Products in the Context of the Standardization of the European Legislation in the Field." European Journal of Medicine and Natural Sciences 3, no. 1 (May 15, 2020): 82. http://dx.doi.org/10.26417/935wqz80s.
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Considering the concern of the European Union to implement an internal market for cosmetic products which also ensures a high level of human health protection and that cosmetics is one of the industrial activities in the EU affected by counterfeiting, which may increase the risks to human health, this article examines how European horizontal legislation is implemented in national law. This article aims to present the legal instruments created at EU level to consolidate the safety of cosmetic products and to strengthen the surveillance of the cosmetic products introduced on the market, but also to protect consumers, taking into account that in order to ensure an effective control of the market it is necessary to have a high degree of administrative cooperation between the competent authorities of the Member States. Moreover, the article aims to present the active role undertaken by the cosmetics industry in developing alternative testing methods within the Horizon 2020 Programme.
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Lobanov, S. A., and O. S. Rostunova. "Interconnections between International and National Criminal Law Relevant to Energy Security." Moscow Journal of International Law, no. 4 (January 31, 2022): 108–22. http://dx.doi.org/10.24833/0869-0049-2021-4-108-122.
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INTRODUCTION. The relevance of the research topic is determined, firstly, by the special socio-economic and international importance of energy, the technical complexity of energy facilities and at the same time, their increased vulnerability, potential threat to the environment, and secondly, by the needs to ensure the safety of energy activities in its various forms with the help of international and national law. Despite the fact that in the science of international law considerable attention is paid to the problem of the relationship between international and national law, there are no special comprehensive studies on the problem of the relationship between international and national law in the field of ensuring the safety of energy activities. In turn, the category “energy security”, in contrast to the outwardly similar and organically related (but not identical) category “energy security”, has not yet received a comprehensive (including within the framework of legal science) research, is not legalized in law. The purpose of the work is to substantively identify the possibility and necessity of legalizing the category of "energy security" and the potential for improving national law (in particular, national criminal legislation) on the circumstances of Russia's participation in international treaties, fulfilling international legal obligations and increasing the efficiency of legal regulation, protecting national interests in the energy sector.MATERIALS AND METHODS. Within this research international treaties and documents of the international law and national legislation of States are analyzed. As a research method, the general scientific and special methods of enquiry is used, including the comparative legal and the formal legal methods.RESEARCH RESULTS. In modern conditions, there is a need to legalize the category of “safety of energy activities”, which, in contrast to the “energy safety” category, has not yet received due attention, including in legal research. The safety of energy activities has various sections, and its legal support includes a wide range of measures and regulators of an international legal and national legal nature. In practice, the relationship between international legal and national legal regulators, their combination and composition in the process of ensuring the safety of energy activities (as applied to individual energy facilities, in particular, floating nuclear power plants) can take complex, combined forms. Counteraction to acts of unlawful interference that infringe on the interests of the safety of energy activities is carried out in the interconnection of international criminal law and national criminal law. The author's position on the question of the systemic affiliation of international criminal law and its relationship with national criminal law is indicated. It is shown that in numerous international treaties and other international documents on environmental protection in connection with the conduct of energy activities, with rare exceptions, there is no mention of criminal-legal measures to counter relevant environmental offenses; accordingly, this issue is resolved at the level of the national criminal law of states. The special and most developed international legal documents on the issues of ensuring the anti-criminal security of energy activities are the Protocols for the suppression of unlawful acts against the security of fixed platforms (1988 and 2005, respectively). The need for the implementation of international legal provisions into national criminal legislation is substantively indicated. A legislative gap was identified and the potential for improving the norms of national legislation on the criminal law protection of trunk pipelines was identified, taking into account the provisions of the 1982 UN Convention on the Law of the Sea.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, the category "safety of energy activities" in its content is not identical to the category of “energy safety”, while it includes internal (from the point of view of the safety of energy facilities, fuel and energy complex, people involved in the process of their operation) and external (from the point of view of in terms of risks and threats for the environment from the energy activity itself), as well as a number of “sections” (anti-criminal security, industrial and information security, environmental safety), taking into account the nature of the relevant threats. Secondly, the national criminal legislation in the field of ensuring the safety of energy activities has significant potential for improvement, based on the instrument of national legal implementation of legally binding provisions of international treaties for the state. On the fact of Russia's participation in the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, 1988, it is necessary to implement the provisions of this international legal act in the Criminal Code of the Russian Federation, thereby fulfilling the international legal obligation of the state and increasing efficiency criminal law protection of these objects of the fuel and energy complex. It is also necessary to bring the norms on the criminal law protection of underwater cables and pipelines in the current Criminal Code of the Russian Federation in accordance with the provisions of the international treaty of the Russian Federation – the UN Convention on the Law of the Sea of 1982 (Article 113 “Breakage or damage of a submarine cable or pipeline”).
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Strepko, V., and I. Furyk. "To the issue of overtime work under the labor law of Ukraine." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 187–91. http://dx.doi.org/10.24144/2788-6018.2022.05.34.
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The article examines issues of labor legislation of Ukraine in connection with the involvement of employees in overtime work. The object of scientific research is the duties of employees determined by their work function, as well as the duties that employees are obliged to observe due to compliance with the rules of industrial sanitation, hygiene and occupational health and safety. At the same time, the authors substantiate that compliance with such duties, in particular in the case before the beginning of the working day (shift) or after it ends, is not overtime work and cannot be paid in a double amount, as it is provided for this type of work. For this purpose, the authors analyze the domestic legislation on overtime work, while special attention is paid to the grounds and conditions for involving employees in this type of work.
They do not overlook the legislation on labor remuneration, in particular, the expediency of providing in the collective agreement additional payments to employees for the performance of duties that precede the beginning of the working day (shift) and the performance of duties after their completion is substantiated. The subject of the study is also the question of establishing such obligations by acts of a local nature. At the same time, the authors prove that employers are able to attract employees to work before the beginning of the working day (shift) or after it ends. However, employers must provide for such obligations by acts of a local nature, primarily by internal work order rules. This will contribute to employees' compliance with labor discipline and may serve as a necessary basis for bringing them to disciplinary responsibility in case of unwillingness to perform such duties, or their improper performance. The article ends with short conclusions reached by the authors based on the analysis of domestic legislation and case law materials.
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Alemanno, Alberto. "The Birth of the European Journal of Risk Regulation." European Journal of Risk Regulation 1, no. 1 (March 2010): 1–4. http://dx.doi.org/10.1017/s1867299x00000015.
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I am delighted to announce the birth of the European Journal of Risk Regulation. This new academic journal reflects the growing importance of both national and European regulations intended to protect health, safety, security and the environment – as well as the accompanying institutional challenges for the European Union governance.This large body of law is known as risk regulation. It seeks to reduce the risks of harm to individuals and society, stemming from all threats whether industrial or natural, voluntary or involuntary. Arguably, this portion of EU legislation already represents the most important and widespread part of the internal market acquis and, due to its international success, it contributes to make the EU a de facto global regulator. As such, it provides a new and valuable lens through which to analyse the European integration process.
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Kravtsova, A. S. "Environmental and legal problems of technical regulation in the construction and operation of linear objects of the oil and gas complex." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 165–73. http://dx.doi.org/10.17803/2311-5998.2020.67.3.165-173.
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The article is devoted to the analysis of the current legislation and law enforcement practice in the field of technical regulation in the construction and operation of linear facilities of the oil and gas complex. In the result of the study identifies the main ecological and legal problems in the construction and operation of linear oil and gas facilities, proved the value of the sphere of technical regulation in ensuring environmental and industrial safety, and formulates the key problems of legal regulation and proposes comprehensive measures for their solve.
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Kirin, R., P. Baranov, and I. Koziakov. "GEMOLOGICAL LAW OF UKRAINE: FORMATION PROBLEMS AND DEVELOPMENT PROSPECTS." Visnyk of Taras Shevchenko National University of Kyiv. Geology, no. 2 (93) (2021): 6–14. http://dx.doi.org/10.17721/1728-2713.93.01.
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The article analyzes the scientific and legislative provisions connected with the specifity of the legal regulation of relations in the field of gemological activity and gemological objects. The current state of sources of gemological law and their belonging are investigated, which is nowadays ambiguous, since they get to a system of currency law (a component of financial and credit or budgetary and financial legislation) as well as to a system of industrial legislation, while having the provisions of mining, economic, civil, administrative, fiscal, customs and expert legislation in the contents. It is proposed to consider gemological law as a set of legal norms regulating public relations in the field of organizing and carrying out gemological activities connected with the acquisition of the right to use, mining, property, use and operations with gemological objects in the form of subsoil, mineral, production and secondary resources, control over their turnover and expertise. It is noted that consideration of precious stones and precious metals, having geological and mineralogical, physicochemical, jewellery and industrial, and legal differences, as the complex object in the context of the domain of the unified legislative act, intended to be a basis of new market relations in the field of jewellery transactions, could be regarded as the justified one only at the early stage of legislative base formation for the field. Provisions are given, according to which it is recognized that the current law is outdated, since its subject of regulation has been transferred mainly to the subordinate level; the mechanisms for replenishing state funds provided in it are contradictory, incomplete and practically not implemented in practice; the form of restrictions in the circulation of valuable objects and their validity are debatable; relations of the quality and safety of products, consumer protection, ensuring a balance of public and private interests, equality of business entities, competitiveness of the industry need updating in European integration legal regulation. For the first time in the context of geological and legislative science, the authors propose to form a structure of the gemological law system based upon the principles of differentiation of a type of gemologically important activities for generic derivatives (i.e. gemological and resource law; right of gemological circulation; right of gemological expertise etc.) as well as a type of gemological objects and resources for direct groups. Development prospects of gemological legislation are connected with its reduction to a certain agreed system and its unity provision by means of the internal and external improvement of contents and development of the Gemological Code of Ukraine.
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Jung, Jin-Woo. "A Critical Study on the Regulation of Contracts under the Occupational Safety and Health Act." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 1 (June 30, 2022): 91–122. http://dx.doi.org/10.34267/cblj.2022.33.1.91.
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Industrial accident prevention developed countries such as the UK, Germany, Japan, and the United States do not take the view that poor safety and health management of work, whether directly managed or contracted, is a problem and that the work itself is bad. Therefore, no regulations such as contract prohibition and contract approval stipulated in the All-Revised Occupational Safety and Health Act in Korea are found. In addition, it is commonly found that developed countries for industrial accident prevention impose obligations suitable for the status and role of contractors on the premise that contractors do not have a direct employment relationship with contractor workers.
Although safety and health regulations for contracts vary slightly depending on advanced industrial accident prevention countries, contractors are generally obligated to manage facilities, machinery and facilities, select qualified contractors, cooperate and coordinate with contractors, guide and supervise contractors, and guarantee sufficient cost and air. Like Korea's fully revised Occupational Safety and Health Act, no legislative example has been found that uniformly stipulates the same obligations as the contractor.
Clearly establishing roles and responsibilities in industrial safety and health is a basic safety and health principle for the smooth implementation of industrial safety and health measures. This safety and health principle applies not only to the inside of the organization, but also to legal regulations. Even if safety and health regulations for contracts are strengthened outwardly, failure to faithfully reflect these principles in the legislation will only cause a lot of cost and confusion in the industrial field and make it difficult to operate as effective regulations.
The reason why the Occupational Safety and Health Act has not achieved much in preventing industrial accidents for contractors despite strengthening safety and health regulations for contractors than any other country internationally is due to lack of content that does not conform to law principles and safety principles.
Therefore, it can be said that it is very urgent to reorganize the legal system for contracting internationally in order to achieve practical protection and accident prevention for contractors.
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Shakhabov, Islam, Yuriy Melnikov, and Aleksey Smyshlyayev. "Peculiarities of Assessment of the Harmful (Dangerous) Production Factors in Healthcare: Medical and Legal Aspects." Glavvrač (Chief Medical Officer), no. 8 (August 1, 2020): 49–59. http://dx.doi.org/10.33920/med-03-2008-04.
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The Order of the Government of the Russian Federation has approved a set of measures to stimulate the employers and employees for improving the labour conditions and health maintenance of employees. Today, one of the main regulatory document in the occupational safety ensuring the employees’ protection against professional diseases is Federal law No. 426-FZ «On the special assessment of labour conditions». This Law is intended for governing the assessment of the harmful (dangerous) production factors. Irrespective of the existing legislation, there are many facts of violations of the occupational safety that compromises the efficient prevention of industrial injuries and professional diseases. Special assessment of labour conditions is important from the point of view of ensuring the labour rights of employees. The special assessment is a multiple-stage and complex process. According to the authors, for an efficient control mechanism of labour conditions in healthcare, a number of changes should be made to the current regulatory documents.
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Gómez Gómez, Claudia Verónica, Ismael Gastón Castillo Cortéz, Raul Soto Villaflor, Sharon Viscardi, and Felipe Westermeyer Hernández. "Food Trade for Specific Health Use FOSHU through Patents in LATAM: Relevant Aspects in International Law." Archivos Latinoamericanos de Nutrición 72, no. 3 (October 30, 2022): 218–30. http://dx.doi.org/10.37527/2022.72.3.007.
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Introduction: This article addresses the legal regulations for Foods for Specified Health Uses (FOSHU) in the main trade associations of Latin America (LATAM), based on the Codex Alimentarius system. Objective: The objective is to determine regulatory progress in the trade of FOSHU products. Material and methods: This study includes a review of the literature emanating from the databases from 2018 to 2022, according to the framework of three general food marketing regulations: food safety claims; inspection regulations, and food manufacturing and labeling. Results: The results reveal the absence of a specific legislation for FOSHU foods, as these are only mentioned in the area of nutrition. Conclusions: The legal framework in the trade of these products is based on jus cogens. Registration of industrial patents in the main member countries of LATAM trade associations can be facilitated through the Patent Prosecution Highway (PPH).
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Zhang, Wenjie. "Identification of Work Injury Infected by Workers with COVID-19 Infection in China." BCP Business & Management 20 (June 28, 2022): 803–9. http://dx.doi.org/10.54691/bcpbm.v20i.1066.
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In recent years, the COVID-19 pandemic has seriously affected the safety of workers' working environment. It is not uncommon for workers to contract COVID-19 while working. In the post-EPIDEMIC era, in order to better protect workers' work safety and social welfare, this paper discusses the legal issues of COVID-19 and the identification of industrial injuries through legal norms analysis, case analysis, and other empirical analysis. Legislation is divorced from justice. The judicial practice of the same case in different territories is separated. This paper hopes to promote judicial and legislative practice by improving laws and policies on work-related injury insurance. This paper aims to make legal professionals and relevant legal learners understand the legal deficiency of current laws and regulations regarding industrial injuries of workers in the context of COVID-19. It is hoped that by improving laws and regulations and increasing the issuance of judicial interpretations, all localities and cities can provide legal support for ensuring workers' social welfare in the post-epidemic era. The final purpose is to improve the' infectious disease prevention law, Chinese labor law, work-related injury insurance regulations and other relevant laws to promote the protection of human rights and improve people 's living standards.
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Kovalenko, Tetiana. "Concept, characteristics and criteria of food security under the law of Ukraine and other states." Administrative law and process, no. 1(20) (2018): 30–41. http://dx.doi.org/10.17721/2227-796x.2018.1.04.
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Despite the substantial progress in agro-industrial production development was achieved in the twentieth century, the food problem has not only lost its acuteness, but also turned into a global problem of food safety of mankind. The proper legal regulation of the production of necessary quantity of quality and safe food in the state is a guarantee of food safety of the state. The concept of food safety is legally enshrined in Art. 2 of the Law of Ukraine “On State Support to Agriculture of Ukraine” (dated June 24, 2004) as the protection of human life interests, which is expressed in guaranteeing by the state of unimpeded economic access of a person to food products in order to maintain his/her normal life activities. This normative definition of food safety has become the subject to substantiated criticism in legal literature, since it reflects only one aspect of Ukraine’s food safety – the economic availability of food for the population. The food safety has a number of distinctive features, which determine its role in guaranteeing the national safety of the state. Firstly, the food safety has internal and external aspects. The internal aspect of food safety lies in the functioning of effective mechanisms in the state for guaranteeing human being the access to food products in the quantity and range, sufficient to ensure his/her livelihoods (quantitative measurement), as well as ensuring the proper quality and safety of such products (qualitative measurement). The agricultural legislation of Ukraine provides only a few legal mechanisms to ensure quality measuring of food safety. At the same time, the ensuring the quantitative measurement of Ukraine’s food safety is extremely negative due to difficult economic situation in Ukraine. Legally established minimum wages, scholarships, pensions are not enough to provide a full-fledged human nutrition. The external aspect of food safety is self-sustaining by the state of its food needs in order to reduce the dependence of its economy on food imports. Secondly, ensuring food safety is an essential condition for the realization of one of the basic human rights – the right to adequate food, which is part of the right to a sufficient standard of living. Thirdly, food safety, in particular its qualitative criterion, is an integral part of the internal environmental safety of citizens, because the use of poor quality and dangerous food products significantly affects human health, can provoke diseases and cause fatalities as a result of food poisoning. Fourthly, guaranteeing the food safety of the state is a strategic goal of the state agrarian policy. Given the importance of food to ensure human existence, food safety can be considered as a kind of system of economic and social relations, which is the biosocial basis for the existence of both society and the human individual. In economically developed countries issues of food safety have been subject to considerable legislative regulation. In Ukraine the level of legal regulation of food safety is unsatisfactory. In national agrarian and environmental legislation only quality criteria of food safety are legally defined. Decree of the Cabinet of Ministers of Ukraine “Some Issues of Food Safety” (dated December 5, 2007, No. 1379) approved the Methodology for Determining the Main Indicators of Food Safety. These indicators have been criticized in special literature because they do not take into account issues of quality and safety of food products, peculiarities of development of the agro-food sector as a system-forming for the whole system of food safety. In Ukrainian legal science the necessity of adopting of a special law “On Food Security” or “On Food Security of the State” was substantiated. But the attempt to adopt a special law, aimed at ensuring the state food safety, was unsuccessful. In 2012 the draft law “On Food Safety” was returned by the President of Ukraine to the Parliament with substantive remarks and rejected by the Verkhovna Rada of Ukraine. By this time relations in the field of food safety remain without proper legislative regulation. Currently, the issue of adopting of a special law of Ukraine, aimed at the comprehensive regulation of relations in the field of food safety, is still relevant.
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Kirin, R. S., V. L. Khomenko, O. Yu Illarionov, and Ye A. Koroviaka. "Dichotomy of legal provision of ecological safety in excavation, extraction and use of coal mine methane." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 5 (October 30, 2022): 128–35. http://dx.doi.org/10.33271/nvngu/2022-5/128.
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Purpose. Providing general characteristics, types and concepts of legal relations in the coal mine methane industry (CMM industry), revealing specific features of coalbed methane as an object of international, European and constitutional legal relations caused by its natural dichotomy as a harmful substance greenhouse gas, on the one hand, and material and/or energy resource a mineral of national importance, on the other. Methodology. During the research, general and special research methods such as dialectical, comparative legal, formal-legal, formal logical, comparative, system structural and system functional methods were used. Findings. It is proposed to differentiate economic activity in coal mine methane industry into types corresponding to the specifics of content, object composition and the legislation field regulating it. It is established that for mining and subsoil legal relations in the CMM industry, subsoil, mining and subsoil mining objects can act as generic objects in which coal mine methane to be extracted is concentrated. The authors understanding of the moment of transferring property to coal mine methane is reasoned, as well as its consideration as an object of law of property various forms, based on the connection of methane with subsoil. The main features of coalbed methane as a direct subject of constitutional and legal relations and as an object of international and European legal relations are determined. Originality. The classification of types of legal relations in CMM industry of the general level, based on the natural dichotomy of coal mine methane, has been developed. Definitions of legal relations in CMM industry, environmental safety of objects of legal relations in CMM industry, as well as the features of coalbed methane as part of the property of the Ukrainian people, world climate policy and European green course. Practical value. The practical significance of the results consists in the possibility of using them in research and educational activities by scientists and researchers in higher education, lawmaking, law enforcement and judicial practice in the process of improving national legislation, investigating and reviewing legal cases in the field of using and emitting coal mine methane.
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SHAIKHLISLAMOVA, I. A., O. A. MUKHA, and I. Yu PAVLOVA. "LABOR PROTECTION IN DIFFERENT FORMS OF EMPLOYMENT." Ukrainian Journal of Civil Engineering and Architecture, no. 5 (December 8, 2022): 110–17. http://dx.doi.org/10.30838/j.bpsacea.2312.251022.110.898.
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Problem statement. The transition to a market economy in Ukraine and the formation of production relations on the basis of private property have led to a qualitative change in the essence of wage labor. Employers, wanting to make more profit from their activities, reduce health and safety expenditure and avoid the requirements of labor rights legislation, so the issue of safe and proper working conditions is gaining more and more importance every year. The purpose of the article. Based on the legislative and regulatory framework in Ukraine, make an analysis of the provision of labor protection in different forms of employment. Research results. Existing forms of employment and their legal framework are considered. The parties and the subject of the contract are identified. A comparison for the terms of labor protection, namely, the creation of working conditions in accordance with regulatory and legal acts, ensuring compliance with the requirements of legislation regarding the rights of employees and their social guarantees. The form and conditions under which involvement in increased hazardous works is a violation of the law are indicated. Object of study. Requirements for compliance with labor protection and the responsibility of the parties regarding the safety of work under various forms of employment. Subject of study. Regulatory and legal framework of Ukraine. Research methods. Analysis and generalization of data during the study of literary sources, methods of empirical research − when comparing and comparing different forms of employment. Practical value. Regulation of employee safety, reduction of injuries, improvement of the position for the employee and the company, in accordance with the legislation of Ukraine on labor under the conditions of his faithful involvement in work. Personal responsible attitude to one's work and protection from industrial risks.
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Thiemann, Inga K. "Sex Work Regulation, Anti-trafficking Policy, and Their Effects on the Labour Rights of Sex Workers in Germany." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 2 (June 1, 2020): 195–220. http://dx.doi.org/10.54648/ijcl2020011.
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This article provides an analysis of regulatory approaches to sex work, the status of sex workers’ labour rights, and the conflation of sex work and human trafficking, with reference to the example of Germany. It assesses the strengths and weaknesses of Germany’s approach to the regulation of prostitution and the ways it has been influenced by international debates challenging the status of sex work as work, as well as concerns about human trafficking. It analyses the Prostitution Act 2002 (ProstG), and the Prostitute Protection Act 2017 (ProstSchG), and their effects on the rights and working conditions of sex workers, as well as their aim of improving the safety of vulnerable sex workers and reducing the level of human trafficking and exploitation in the German sex industry. In particular, the article considers the impact of this legislation on those working in the sex industry, especially migrant women and those at risk of exploitation. Through its analysis of the existing approach to sex work in Germany, the direction of reform and the absence of a labour-rights approach to the regulation of sex work and the prevention of trafficking, the article highlights the fact that even a country that is -in principle - willing to accept sex work as work, has failed to grant labour rights to sex workers. The article argues that the Prostitute Protection Act has in some ways increased the vulnerability of sex workers rather than promoting their safety. In addition, it is argued that legislators should consider labour protection and labour rights as an alternative means of protecting sex workers, rather than (re)criminalizing aspects of sex work in the name of ‘protecting’ women by means of prohibition or control. Adopting a labour-rights approach rather than paternalistic approach would have the potential to bring about far-reaching reform of the relevant legislation both in Germany and internationally. Sex Work, Human Trafficking, Labour Rights, Criminalization, Prostitution, Sex Work as Work
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Lyutov, Nikita, and Ilona Voitkovska. "Labour Inspections in Post-Soviet Countries: Reform or Collapse?" International Journal of Comparative Labour Law and Industrial Relations 37, Issue 2/3 (June 1, 2021): 269–300. http://dx.doi.org/10.54648/ijcl2021013.
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This article examines the policy of limiting the powers and resources assigned to the labour inspectorate in ten post-USSR republics: Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Ukraine, and Uzbekistan. This policy is pursued in all ten countries in the name of boosting economic efficiency and reducing regulatory constraints on business. A significant number of limitations on labour inspections is identified, some of them in direct contradiction with the requirements of the priority International Labour Organisation (ILO) Conventions on Labour Inspections, No. 81 and 129. Some of the restrictions do not directly contradict the requirements of these Conventions, but their inadequate application in combination with certain restrictive measures leads to significant non-compliance with international labour standards. It is argued that international institutions such as the World Bank and the International Finance Corporation (IFC) have advocated this decline in inspections. The most significant restrictions on labour inspections in the region include limiting inspections to occupational safety and health matters; the legal requirement for labour inspectors to give prior warning to employers about the inspection, or to obtain approval for the inspection from other state authorities; and the requirement for a complaint to be made by workers as a necessary precondition for carrying out an inspection. Labour Legislation, International Labour Law, Labour Inspection, Law Enforcement, Post-Soviet Countries, Compliance, Occupational Safety and Health
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Guthrie, Robert, and Kevin Purse. "Business Regulation and Workers’ Compensation: A National Framework for Workers’ Compensation in Australia?" International Journal of Comparative Labour Law and Industrial Relations 25, Issue 4 (December 1, 2009): 395–410. http://dx.doi.org/10.54648/ijcl2009026.
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Labour law in Australia is undergoing an unprecedented transformation. Fuelled by demands from big business and a dramatically changing constitutional landscape, the locus of regulation is shifting from the states and territories to the federal government. The most conspicuous illustration to date has been in the mainstream industrial relations arena as epitomized by the Howard Conservative Coalition Government’s Work Choices legislation. More recently, the Rudd Labour Government has championed a national approach to occupational health and safety law based on its ‘cooperative federalism’ agenda. Though less pronounced, workers’ compensation for injury at work has also been the subject of growing business demands for greater national regulation. In examining this issue, this paper will first of all outline previous attempts to develop a national workers’ compensation framework before turning to a consideration of more recent policy and legal developments, which have contributed to the emerging regulatory realignment of workers’ compensation laws and policy. The paper will also identify the major constraints on the drive for a national regulatory framework.
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Loginova, V. A., Yu N. Kas'kov, E. A. Zhidkova, K. G. Gurevich, Yu L. Smertina, and O. A. Pletnikova. "Regulation of work-related and occupational impacts on workers employed at railroads: experience gained in Russia and other countries." Health Risk Analysis, no. 1 (March 2021): 173–85. http://dx.doi.org/10.21668/health.risk/2021.1.18.eng.
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The present research is vital as it will allow increasing safety of working conditions for workers employed at railway transport due to reducing impacts exerted by occupational risk factors. Our research goal was to perform comparative analysis of requirements to labor protection provided for railway workers. Our research was performed via non-systemic analysis of literature that involved searching through Elibrary, Pubmed and Cochrane databases as per certain key words. As a result, we showed that railway traffic involved exposure to numerous occupational risk factors; due to it, a significant number of workplaces, including those of enginemen and other railway workers, belonged to the 3rd (adverse) hazard category. Basic occupational risk factors included noise and vibration; psychoemotional loads borne by engine team workers and traffic controllers; exposure to industrial aerosols; electromagnetic irradiation; fluctuations in microclimatic parameters in engines’ cabs. All these occupational factors influence not only workers who are directly employed at railways but also people who live in close proximity to them. Therefore, in most countries there is legislative basis on health protection for people who may be exposed to occupational factors related to railway traffic. Our analysis revealed that in general the existing legislation in Russia corresponded to foreign one. Bases for harmonization of the domestic legislation with foreign one are fixed by the Federal Law issued on December 27, 2002 No. 184-FZ «On technical regulation». Harmonization of domestic and foreign legislation on reducing total exposure to occupational risk factors allows preserving long-term working ability and preventing work-related diseases.
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Loginova, V. A., Yu N. Kas'kov, E. A. Zhidkova, K. G. Gurevich, Yu L. Smertina, and O. A. Pletnikova. "Regulation of work-related and occupational impacts on workers employed at railroads: experience gained in Russia and other countries." Health Risk Analysis, no. 1 (March 2021): 173–85. http://dx.doi.org/10.21668/health.risk/2021.1.18.
Full textAbstract:
The present research is vital as it will allow increasing safety of working conditions for workers employed at railway transport due to reducing impacts exerted by occupational risk factors. Our research goal was to perform comparative analysis of requirements to labor protection provided for railway workers. Our research was performed via non-systemic analysis of literature that involved searching through Elibrary, Pubmed and Cochrane databases as per certain key words. As a result, we showed that railway traffic involved exposure to numerous occupational risk factors; due to it, a significant number of workplaces, including those of enginemen and other railway workers, belonged to the 3rd (adverse) hazard category. Basic occupational risk factors included noise and vibration; psychoemotional loads borne by engine team workers and traffic controllers; exposure to industrial aerosols; electromagnetic irradiation; fluctuations in microclimatic parameters in engines’ cabs. All these occupational factors influence not only workers who are directly employed at railways but also people who live in close proximity to them. Therefore, in most countries there is legislative basis on health protection for people who may be exposed to occupational factors related to railway traffic. Our analysis revealed that in general the existing legislation in Russia corresponded to foreign one. Bases for harmonization of the domestic legislation with foreign one are fixed by the Federal Law issued on December 27, 2002 No. 184-FZ «On technical regulation». Harmonization of domestic and foreign legislation on reducing total exposure to occupational risk factors allows preserving long-term working ability and preventing work-related diseases.
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Leheza, Yu O., O. V. Pushkina, H. V. Iliushchenko, and Yu I. Tiuria. "Legal regulation of the use of technogenic waste of a mining enterprises in Ukraine." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 6 (2021): 153–57. http://dx.doi.org/10.33271/nvngu/2021-6/153.
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Purpose. Substantiation of improvement of normative-legal regulation of use of technogenic wastes of mining enterprises for maintenance of requirements of ecological safety of settlements of Ukraine and their conformity to the European standards of realization of economic activity. Methodology. The application of methods of comparative legal research, system and structural-functional analysis, functional method allowed justifying the feasibility of optimizing the regulation of the use of man-made waste from mining enterprises. Findings. The expediency of amending Art. 4 of the Law of Ukraine On Waste, supplementing articles of the Mining Law of Ukraine with provisions that will provide for the competence of public authorities in the field of mining waste management, the procedure for handling all types of mining waste, duties and responsibilities of economic entities for violation of legislation in the field of managing mining waste, and others. Originality. Proposals have been formulated to amend the Law of Ukraine On Waste, articles of the Mining Law of Ukraine, aimed at consolidating the rights and responsibilities of the subjects of the administrative and legal regime of man-made waste of mining enterprises. Practical value. The obtained results can be used to improve the mechanism of utilization and use of man-made waste from mining enterprises.
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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev, and A. L. Vernik. "On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy." Occupational Safety in Industry, no. 1 (January 2021): 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.
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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.
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Pismenytsky, A. "CONCEPTUAL BASES OF UNDERSTANDING THE PERSPECTIVE OF FORMATION OF THE MONITORING SYSTEM OF INDUSTRIAL SAFETY AND HEALTH." Labour protection problems in Ukraine 38, no. 1-2 (June 30, 2022): 39–44. http://dx.doi.org/10.36804/nndipbop.38-1-2.2022.39-44.
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The publication contains the definition of the main trends of the modern process of formation of the monitoring system of safety and health at work. This is not only a mechanism for such monitoring, but also the latest vision of its humanistic renewal in contrast to the post-Soviet doctrine of labor protection. Understanding the importance of labor protection during the existence of the USSR and the first years of Ukraine's independence, the period 1991-1997, was forced to rely on the doctrines of communist ideology. This is also due to the fact that so far in Ukraine the legislation in the field of labor is such that it has not been sufficiently reformed to meet the needs of the time and the orientation of modern Ukraine to the European Union and ratified international agreements. The author emphasizes the need to use the achievements of national law schools in the process of forming the latest monitoring system of industrial safety and health. We are talking about the application of ideological doctrines of the conceptualists of the theory of democracy and the theory of legal process. This is mainly the Kharkiv school of legal scholars who conducted their research in the period 1970-2000. In particular, their concepts concerning the structure of definition of categories and procedural mechanisms to ensure the reality of rights and freedoms. This approach, according to the author, will allow the formation of a monitoring system of occupational safety and health, as more effective and capable of self-improvement in the process of updating information systems that will be part of it. Today's innovation requirement for the formation of an industrial safety and health monitoring system is also the need to take into account the Ukrainian realities of the COVID-19 pandemic. At the same time, the structure of monitoring cannot but be influenced by the military aggression of the Russian Federation against Ukraine. The state of war with the aggressor state imposes on monitoring processes the need to take into account data on the geographical movement of production, labor, mobilization measures, the impact of civil protection on various industries and their activities and real information about losses from war.
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Karabyn, Vasyl, Vladyslav Shuryhin, Sofia Shutiak, Marek Chmiel, and Rastislav Kulhánek. "STRATEGIC ENVIRONMENTAL ASSESSMENT - UNDERESTIMATED TOOL FOR SUSTAINABLE SUBSOIL USE." Environmental Problems 7, no. 3 (2022): 140–46. http://dx.doi.org/10.23939/ep2022.03.140.
Full textAbstract:
Strategic environmental assessment is an effective tool for improving the level of environmental safety in various areas. The purpose of the article is to identify and classify the main tasks of strategic environmental assessment in subsoil use, taking into account its role and functions in the subsoil management system, and to suggest ways to improve environmental safety in subsoil use by means of strategic environmental assessment. The materials for the article were the results of many years of authors' research on various aspects of the methodology for assessing the environmental safety of subsoil use and scientific source analysis. The main research methods were comparison, deduction, analysis, synthesis, and classification. The authors grouped the tools of the strategic environmental assessment into five main groups: analytical, organisational, scientific and technical, control and procedural, and media. Analysis of the legal framework determines the need to finalise the draft of the Subsoil Code to take into account the requirements of the Law of Ukraine "On Strategic Environmental Assessment" in the context of carrying out state examination and assessment of reserves and resources of minerals and establishing conditions for mineral raw materials, drafting industrial development (technological scheme) of the deposit. The classification of the tools of strategic environmental assessment in subsoil use is carried out. Analysis of draft legislation in the field of subsoil use shows positive changes in achieving sustainable development goals. Simultaneously, the authors identified some inconsistencies between different legislative acts and projects.
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Rіeznikov, Valeriі. "State industrial policy in conditions European integration of Ukraine." Public administration and local government 45, no. 2 (July 23, 2020): 146–53. http://dx.doi.org/10.33287/102030.
Full textAbstract:
Since the beginning of 2020, there have been crisis phenomena around the world due to the global slowdown in economic growth and the introduction of quarantine due to the coronavirus pandemic. In this situation, the most vulnerable are developing countries with a small margin of safety, which, unfortunately, also applies to Ukraine, whose economy is open and highly dependent on external markets.
Due to the slowdown in the growth of the global economy, the situation in one of the main export industries of Ukraine – industry is deteriorating first of all. The European Union has become one of the important export markets for Ukraine’s industrial products in recent years, which has raised the issue of shaping a relevant state industrial policy in today’s challenging environment. The purpose of the article is to determine the directions of formation and implementation of state industrial policy in the conditions of European integration of Ukraine in modern conditions. In 2020, due to the economic crisis and the pandemic of the coronavirus, the Ukrainian industry may lose even more due to low demand for ferrous metals in world markets, including in EU countries.
The Agreement on Conformity Assessment and Acceptance of Industrial Products is a way of eliminating technical barriers to trade between Ukraine and the EU. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a type of mutual recognition agreement that requires a partner country to align its legislation, practices and infrastructure with EU rules.It is envisaged that in the sectors covered by this Agreement, Ukrainian exporters will be able to label their products with the CE mark and to sell them freely on the EU market without additional EU certification. Potentially, the Agreement on Conformity Assessment and Acceptance of Industrial Products could cover up to a fifth of Ukraine’s exports to the EU, notably mechanical engineering products. The formation and implementation of state industrial policy in the conditions of European integration of Ukraine should take place using the following algorithm:1. Study of the new EU Regulation 2019/1020 of 20.06.2019 on market surveillance and conformity of products and elaboration of relevant amendments to the legislation of Ukraine.2. Concentration of the function of legal coordination of draft regulatory acts (including technical regulations) aimed at implementing the Association Agreement and preparation for the Agreement on Conformity Assessment and Acceptance of Industrial Products in one state instance, equipped with specialized personnel with adequate knowledge of EU law and languages.3. Strengthening the requirements for the accreditation and oversight process for accredited bodies, as well as the process of designating and monitoring conformity assessment bodies to ensure that their technical competence is adequate and to prevent fraud and the use of fraudulent practices.4. In the absence of a rapid prospect of concluding an Agreement on Conformity Assessment and Acceptance of Industrial Products, the harmonization of procedures and requirements that are too burdensome for exporters and importers, first and foremost.5. Paying particular attention to capacity building of state market surveillance authorities.6. Raising awareness of business entities and enhancing the role of business associations in raising such awareness.7. Increasing the EU’s interest in providing Ukraine with effective technical assistance for the development of legislation and the proper functioning of quality infrastructure and market surveillance authorities.
Introduce the position of Deputy Prime Minister for Industry and launch support programs for the real economy.
Thus, Ukraine’s further integration with the European Union is largely linked to the formulation and implementation of relevant industrial policy, which should be to continue reforming all sectors of the economy, in particular, to modernize the industrial complex. And the signing of the Agreement on Conformity Assessment and Acceptance of Industrial Products in the three priority sectors («industrial visa waiver») in the medium term should become one of the main foreign economic priorities of Ukraine’s European integration in the face of the current challenges of today.
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Ryzhenkov, Anatoliy, and Lidiya Burinova. "Current issues of using digital technologies for environmental protection: legal aspect." SHS Web of Conferences 109 (2021): 01033. http://dx.doi.org/10.1051/shsconf/202110901033.
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The global changes of recent years in the world around us indicate that the line between the physical and digital worlds becomes blurred. More and more sectors of social life move online, and digital technologies have an increasingly strong influence on the industrial, agricultural, scientific, medical, educational, and other processes. Digitalization technologies have a particular influence on the evolution of traditional ideas about the methods of environmental protection. Though most international legal acts do not place a direct emphasis on this, many environmental problems caused by the globalization era can hardly be resolved without using digital technologies (for example, in terms of overcoming the consequences of global climate change). Further development of digital technologies will reduce the consumption of hydrocarbons and greenhouse gas emissions, help to mitigate the consequences of the emergence of e-waste. The use of environmental digital technologies within the framework of global and national environmental monitoring, improvement of the safety of the operation of industrial enterprises, in agriculture, as well within the framework of enhancement of the comfort of living in the urban environment, is quite promising. However, in Russian environmental legislation, there is now no direct mention of the possibilities of using digital technologies in the field of environmental protection, which should be corrected by supplementing the law with a special chapter.
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Yessenamanova, Mansiya, Artem Lukyanets, Elena Golovina, and Nikolai Topornin. "Environmental Auditing: The EU Practice in the Context of Pursuing Sustainable Development Policy." European Energy and Environmental Law Review 31, Issue 4 (August 1, 2022): 211–22. http://dx.doi.org/10.54648/eelr2022015.
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The key objective of the study is to explain the contribution of environmental auditing in the improvement and protection of the environment while respecting the concept of sustainable development. The study describes the role and benefits of environmental auditing in organizations as part of the governance framework based on the adopted broad regulatory framework of international environmental agreements like Espoo Convention, International Organization for Standardization (ISO) standards and the impact of the community governance framework on EU sustainable development policies using relevant EU normative acts like Regulation No 1836/93, EnvironmentalManagement and Audit Scheme (EMAS) Regulation, Directive 2012/27/EU, Member- States legislation. The classification features of environmental auditing have been clarified and systematized in accordance with its role and functions in the environmental management system. There is information on the shift of purely environmental auditing to the audit of labour protection, ecology, industrial and fire safety (joint audit). The relationship between environmental auditing, certification and environmental management systems is shown. There is a comparison of financial audit and environmental auditing; their similarities and differences have been revealed. The research results can be put into practice to provide specific proposals for reducing pollution and improving environmental protection. EMAS, environmental audit, environmental management, environmental protection, international environmental agreements, sustainable development
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Zdanovsky, V., M. Radionov, V. Sepitchak, and R. Soltysik. "THE USE OF A RISK-ORIENTED APPROACH OF PRODUCTION FACTORS ASSESSMENT FOR INCREASING THE EFFICIENCY OF OCCUPATIONAL SAFETY MANAGEMENT SYSTEM." Bulletin of Lviv State University of Life Safety 24 (January 5, 2022): 12–23. http://dx.doi.org/10.32447/20784643.24.2021.02.
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The article deals with important aspects of research and implementation of risk-oriented approach (ROA), including: The operation of OSMS is necessary to carry out based on the management of professional risks. Decision-making and management of safe labour are associated with probabilistic certainty. That is the concept of risk, the features of which largely depend on the methods of enterprise management as a whole.Certification of workplaces and assessment of injury safety, in particular, should be associated with risk assess-ment. It allows building a safety system based on the concept of risk. At the same time, the idea of acceptable risk (CAR) permits you to analyze and ensure the level of safety of the production environment and apply a fairly simple, objective and not contradicting the requirements of the labour protection method of a quantitative assessment of professional risks.A significant improvement of injury safety assessment methodology is the transition to the concept of acceptable risk and the rejection from the concept of absolute safety, which requires new methods of a quantitative assessment of the level of injury safety. The proposed method of risk assessment is based on statistical characteristics of injuries and economic losses of the enterprise.The article proposes a set of measures to increase the level of safety at work and improve the ROA.It is important to update the legislation on the restructuring of social policy in the field of labour relations in Ukraine, including labour protections, to improve injury prevention, OSMS reform.The prevention of occupational injuries based on improving the effectiveness of measures and means of labour protection at the sectoral, state and industrial levels should be ensured by the new OSMS developed based on the Concept and the updated Law "On labour protection" in Ukraine.The purpose of research is to develop and implement methods of increasing the efficiency of activities in the field of labour protection by developing mechanisms to prevent industrial risks.The use of the conducted analysis and research will help to prevent hard forms of injuries with on-time adoption of the necessary management decisions on occupational safety at work.The eccentricity of the study is to perform an analytical assessment of the effectiveness of activities in the field of protection and develop models of organization and planning of risk-oriented approach (ROA) for its implementation in OSH. Developed a model of production risk management, which is based on a component method of assessing the risk of traumatic events and a mathematical model of management decisions, which differs from the existing one taking into account all available information related to the risk of the enterprise.Conclusion. A step-by-step expert assessment of measures to reduce production risk at an industrial enterprise by implementing measures according to certain criteria is proposed. The use of expert assessments in the planning of measures to reduce occupational injuries is appropriate. Because such an approach links preventive measures in the field of labour protection with the results of risk assessment and reduces the subjectivity in management decisions.Validity / Consequences of research. The proposed method of expert assessment of measures to reduce occupa-tional risk is relevant for industrial enterprises. It helps to find ways to reduce occupational injuries, as well as the imple-mentation of the Concept of labour protection reform in Ukraine.
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Trebilcock, Anne. "Challenges in Germanys Implementation of the ILO Decent Work for Domestic Workers Convention." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 2 (May 1, 2018): 149–76. http://dx.doi.org/10.54648/ijcl2018007.
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Germany faces several challenges in fully applying the Decent Work for Domestic Workers Convention, 2011 (No. 189), in force for it since 2014. This article examines the situation in the light of (1) the Government’s assertion that ratification did not entail any need for legislative change; (2) domestic work in the context of the country’s overall demographic and labour market context, along with recommendations of a Government-appointed panel of experts on gender equality, and (3) the 2017 direct request to Germany concerning implementation of the Convention, made by the International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations. The article argues that although much – but not all – of German labour law already applies to domestic workers on an equal footing with other workers, the Government still needs to take a number of steps to apply the Convention in full. The Government’s blanket exemption of ‘live-ins’ from the Convention’s scope concerns primarily those who come from Central and Eastern European countries, under various legal constructs, to care for older persons at home without maximum hours protection. The country’s exclusion of all domestic workers from the main health and safety laws is also problematic, as are some constraints on access to justice. In addition, the widespread phenomenon of undeclared paid domestic work calls for strengthened enforcement of existing legislation. Addressing these and other issues will be important not only for improving the lot of domestic workers in Germany, in line with the Convention, but also for ensuring sustainable quality care provision in a rapidly aging society while promoting greater labour market participation for women.
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Retno Widyorini, Sri, and Aniek Tyaswati WL. "Work Agreement on Outsourcing System and Legal Protection for Workers." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 484–99. http://dx.doi.org/10.51601/ijersc.v3i1.300.
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The outsourcing work system is expected to provide legal protection for workers. The status of the employment relationship between the worker and the employer is stated in the Employment Agreement (SPK). The purpose of this study is to determine the advantages of implementing an outsourcing work contract model for companies, legal protection for workers with an outsourcing work contract model, and the efforts that the government has made in anticipating the emergence of industrial relations disputes between outsourced workers and labor supply companies and employers' companies. The method used is normative juridical, using secondary data as the primary data as supporting data. Secondary data was obtained by conducting a literature study through literature and legislation. The analysis was carried out qualitatively. The results of this study found that for companies to cost of production efficiency (cost of production), the government hopes to provide benefits to develop and encourage community economic growth and national economic growth. In the practice of outsourcing, wage discrimination often occurs between permanent workers who work for the principal company (employer company) and outsourcing workers (contract workers), continuing work with a contract work system. Protection for workers is provided by the existence of labor law because, by law, it means that there is a state guarantee to provide decent work to protect it in the workplace, such as health, work safety, and living wages. Apart from that, it is also up to the provision of social security after retirement, through trade unions or labor unions, providing legal assistance in case of problems, both in terms of non-judicial legal remedies and judicial legal efforts.
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Vodopian, T. V. "Compensation for moral damage caused as a result of an injury at work or occupational disease." Legal horizons, no. 18 (2019): 48–55. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p.
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State policy in the field of occupational safety is aimed at creating proper, safe, and healthy working conditions, prevention of accidents and occupational injuries. Despite this, unfortunately, in Ukraine, many injuries, as well as deaths resulting from workplace injuries and illnesses, are recorded annually. According to the requirements of the labor legislation, the owner or his authorized body shall be entrusted with ensuring safe and harmless working conditions. Moral damage caused by workplace injuries and illness issues is governed by the rules of civil law and labor law and social security law. In the event of harm to an employee, the employer has a duty to compensate for material and moral damage, whereby the latter is liable to compensation if the violations of the employee’s legal rights have resulted in moral suffering, loss of normal life ties, and require him / her extra life for organizing. Both the employer and the Social Insurance Fund are subject to compensation for material damage caused to the employee as a result of workplace injuries and illnesses, and only the employer is responsible for moral damage. There are no clear algorithms for calculating the number of moral damages, the lower or the upper limit, and the court must consider the requirements of reasonableness and fairness in determining the number of moral damages. Moral damage is compensated irrespective of the material damage to be recovered and is not related to the amount of such compensation. The amount of moral damage is determined by the court depending on the nature of the offense, the depth of physical and mental suffering, impairment of the victim’s abilities, or deprivation of their ability to realize them, the degree of guilt of the person who caused the moral harm, if the fault is grounds for compensation, and also taking into account other essential circumstances. An analysis of the case-law on claims by persons who have received workplace injuries and illnesses or their close relatives to employers for compensation for moral damage indicates that courts have applied unequal substantive law rules and a large range of amounts recovered for moral damage. Keywords: moral harm, industrial injury, workplace illness, employer, employee.
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Андрєєнков, О. Є. "PROCEDURE FOR EMERGENCY RELATIONS WITH THE HEAD OF THE ENTERPRISE OF THE INSTITUTION OR ORGANIZATION." Juridical science 1, no. 4(106) (April 2, 2020): 232–37. http://dx.doi.org/10.32844/2222-5374-2020-106-4-1.28.
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The relevance of the article is that newer forms of employee representation and participation add an additional dimension to the picture of labor relations in some countries. The system of labor relations establishes formal or informal basic rules for determining the nature of collective industrial relations, as well as the framework of individual labor relations between the employee and his employer. Complicating the situation at the end of management is additional players, such as temporary employment agencies, contractors and contractors, who may be accountable to employees without control over the physical environment in which the work is performed or the ability to conduct safety training. In addition, public and private sector employers in most countries are governed by separate legislation, and the rights and protections of workers in the two sectors often differ significantly. Moreover, the private sector is affected by international competition forces that do not directly affect public sector labor relations. The author explores approaches to understanding the concept of manager as a subject of organizational and managerial relations in labor law. It is established that the peculiarity of the emergence of legal relations with the head of the enterprise, institution or organization is that their emergence is based on a complex legal structure consisting of several legal facts. It is established that the head is endowed with limits of responsibility and also clear limits of action. It is concluded that in the framework of professional activity the head of the organization, enterprise or institution performs various generalized labor functions that have a very diverse nature, results and working conditions. In a particular organization, enterprise or institution, the head faces different tasks, which allows us to talk about the existence of a process of continuous improvement of its labor function, because there is a high organizational independence. However, in the performance of the job function, the manager should not expand the limits of his competence, as another feature is the increased limits of his responsibility.
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Kovalenko, T., and O. Zaiets. "International legal protection of the Carpathians: the Ukrainian dimension." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 164–73. http://dx.doi.org/10.24144/2307-3322.2022.73.27.
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Effective support for the sustainable development of the Carpathian region cannot be provided by only one country, therefore interregional and transnational cooperation is necessary. The article analyzes the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians, which was adopted on May 22, 2003 in Kyiv, as well as its protocols (Protocol on the Conservation and Sustainable Use of Biological and Landscape Diversity dated May 22, 2003, Kyiv, Protocol on Sustainable Forest Management dated May 27, 2011, Bratislava, Protocol on Sustainable Tourism dated May 27, 2011, Bratislava, Protocol on Sustainable Transport dated September 26, 2014, Mikulov, Development Protocol of Agriculture and Rural Areas dated October 12, 2017). It was established that the specified international legal acts are part of the national legislation and ensure: a) comprehensive legal regulation of the protection of the Carpathians as a unique natural, social, ethno-cultural and economic object, which is based on the principles of proper management and sustainable development; b) an integrated approach to the legal protection of the Carpathians in terms of preservation and sustainable use of biological and landscape diversity, sustainable forest management, sustainable tourism, sustainable transport, sustainable development of agriculture and rural areas; c) an ecosystem approach to the use and preservation of natural resources of the Ukrainian Carpathians. At the same time, the Framework Convention on the Protection and Sustainable Development of the Carpathians, as well as the protocols to it, have a number of legal defects, in particular, some poor wording of norms, insufficient provisions ensuring the implementation of the prescriptions of the specified international legal acts, lack of provisions on responding to violations of obligations.
In order to fulfill Ukraine's international obligations, the Cabinet of Ministers of Ukraine on October 20, 2019, by Resolution No. 880, approved the State Development Program of the Ukrainian Carpathian Region for 2020-2022. The article found out that the priority directions for the sustainable development of the mountainous territories of the Ukrainian Carpathians provided for by the State Program fully implement the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians and its protocols. Achieving the goal of the State Program will be ensured by implementing program measures in four priorities (directions): a) formation of a competitive economy of mountain areas; b) abolition of infrastructural restrictions, development of spatially balanced road, industrial and social infrastructure; c) development of tourism potential by preserving and supporting cultural heritage and traditional crafts of the local population; balanced use of natural healing and recreational resources; d) ensuring environmental safety by restoring forests and optimizing the structure of landscapes; improving the sanitary, hygienic and ecological condition of settlements; construction and modernization of anti-erosion, hydrotechnical, anti-karst, anti-avalanche structures, as well as carrying out measures to protect against flooding and inundation, aimed at preventing the development of dangerous geological processes on the territory.
The article found that due to the lack of targeted funding from the state budget, the implementation of the Program in 2020 was only 76%. As with any state program, the issue of financing the State Program for the Development of the Ukrainian Carpathian Region for 2020-2022 deserves special attention. In accordance with the section "Amount of financial, material, technical and labor resources necessary for the implementation of the Program", the financial support of the Program is carried out at the expense of funds provided for in the state budget for the relevant year, funds of local budgets, as well as at the expense of international financial and technical assistance and other sources not prohibited by law. Therefore, in order to achieve the tasks set by the State Program, the authors draw attention to the need to adjust the financial and economic mechanism of its provision, although this is extremely difficult in the conditions of martial law.
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Tamara, Novak. "To the issue of introducing a risk-oriented approach in the field of labor protection in the legislation of Ukraine." Law. Human. Environment 12, no. 1 (May 15, 2021). http://dx.doi.org/10.31548/law2021.01.009.
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The article is devoted to the analysis of the state of introducing a risk-oriented approach in the field of labor protection at the legislative level in Ukraine. It has been found that the main reason for the high level of production injuries and occupational diseases is bases the existing normative acts on labor protection on the «jet principle». The importance of introducing a risk-oriented approach to the organization of labor protection in Ukraine is emphasized as an objective need to withstand labor protection in our country for a qualitatively new level, and the need to comply with international standards in the field of security and health of employees. As a result of the analysis of prospective legislation on occupational safety, in particular the draft Law of Ukraine «On Safety and Health of Workers at Work», concludes on the election of the correct vector of renewal of labor protection legislation in terms of introducing a risk-oriented approach in the field of occupational safety. The draft Law of Ukraine «On Security and Health of Workers at Work» in general meets international standards in the field of occupational safety and allows to solve the main problems in terms of motivation of employers and employees to comply with the legislation on labor protection. This may contribute to the draft laws: about improvement of the settlement of employers' responsibility for violating the requirements of labor protection legislation; About the size and ways of forming the amount of financing of labor protection due to a preliminary assessment and analysis of industrial risks. An analyzed draft law in case of its adoption can reduce bureaucratic pressure on employers and give it a larger freedom to organize the protection of labor at the level of an entity, promptly responding to changes in production processes and economic conditions. Keywords: labor safety and health of the workers, legislation, bill, labor protection, production risk, system of labor protection
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Faheemah Karolia-Hussain and Elmarie Fourie. "THE RELEVANCE AND IMPACT OF SOUTH AFRICAN LABOUR LAW IN THE MINING SECTOR: A FOURTH INDUSTRIAL REVOLUTION PERSPECTIVE." Obiter 42, no. 3 (December 6, 2021). http://dx.doi.org/10.17159/obiter.v42i3.12896.
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The mining sector is one of the contributors to the South African economy and improving productivity is important if it is to remain competitive in the global marketplace. Thus, the technologies that will be created by the Fourth Industrial Revolution (4IR) are important to the mining sector. However, if this leads to mining companies being less reliant on labour, then these changes will have a negative impact on the jobs of mineworkers.This article looks at the legal framework that governs the mining sector in South Africa in the context of 4IR. The Labour Relations Act (LRA) provides for collective bargaining and strike action, but collective bargaining in the South African mining sector is failing and has not produced the desired result. Strike action has become more common and strikes are often violent and unprotected. Secondly, occupational health and safety risks are present in the mines despite protective legislation – namely, the Mine Health and Safety Act (MHSA). Workers experience harsh working conditions underground. Lastly, workers’ skills need to be developed if they are to retain their jobs in 4IR. In terms of legislation, workers should receive training if such training is available for their sector. Consideration urgently needs to be given to the impact on and relevance of 4IR to the labour legal framework in the mining sector. Furthermore, changes to the law in readiness for 4IR and its impact on the workforce in the mines should be considered.