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.
The article examines the prospects of Ukraine's accession to the European Union during the Russian armed aggression on the territory of Ukraine. The key five stages of any country's accession to the European Union are explored, including: advisory, evaluation, negotiation, ratification, and implementation. Attention is paid to the study of the accession criteria that each candidate country must meet and pass in order to join the EU, including political, economic, membership criteria and “independent”. Attention is drawn to the fact that during the full-scale Russian invasion of Ukraine, there was a question of accelerated accession of our country to the European Union, because mostly the process of accession of any state to the European Union is long and can take from one to several decades. Emphasis is placed on the fact that a special procedure for accelerated accession to the EU may be developed for Ukraine, but the possibility of accession with the completion of all stages specified in the documents of the European Union is not ruled out. It is noted that in April 2022 Ukraine was given a questionnaire to obtain the status of a candidate country, filling in which will allow Ukraine to obtain this status. After the procedure of filling in the questionnaire, the answers provided by Ukraine will be considered, and in the future the state will be granted the status of a candidate and a decision will be made to start accession negotiations. The article also examines the impact of the Russian invasion and the territory of Ukraine on the future of Ukraine's membership in the European Union, as the aggression launched by Russia against Ukraine was a significant impetus for Ukraine's application for membership in the European Union. It is also noted that by becoming a candidate country, Ukraine will be able to count on significant assistance from the European Union, in the fight against the armed invasion launched by the Russian Federation, and later to rebuild the destroyed territories and infrastructure after the war.
The purpose of the article was to analyze the availability of justice within the Ukrainian administrative judicial system, examining its specific features in terms of martial law and the possibilities of its improvement, due to the implementation of European standards in Ukrainian legislation. The research methods used were: monographic analysis, analysis and synthesis, systemic, generalization, forecasting, etc. It has been found that the principle of access to justice is manifested in the ability of a person to receive unimpeded judicial protection and to apply for judicial protection of one's rights. It has been emphasized that the reform of the judicial procedure in the resolution of administrative disputes requires the earlier introduction of digital technologies and Artificial Intelligence technologies. This will help to ease the burden on the court system and judges, speed up the time of hearing court cases, reduce the costs of their storage and archiving, simplify the presentation of statements and evidence in court, etc. It is concluded that the implementation of the European standards of the administrative process will lead to ensuring the appropriate degree of access to justice in Ukraine and increase public confidence in the judiciary.
The article examines the current changes in labor legislation, which were adopted by the Verkhovna Rada of Ukraine in March 2022 in connection with the martial law due to the armed aggression of the Russian Federation in Ukraine. The Law of Ukraine “On the organization of labor relations in martial law” is reviewed, the main provisions that are important for the development of labor relations in martial law for both employees and employers are determined. Changes in the conclusion of an employment contract for this period are studied in detail. Possibilities of termination of the employment contract on the initiative of both the worker and the employee are studied. The problem of registration and termination of labor relations in those regions of Ukraine where active hostilities are conducted is traced. The article focuses on the forms of employment contract for the period of martial law, in particular, the conclusion of an employment contract may be in writing or orally. There are changes in wages. From now on, the employer is released from liability for late payment of wages to the employee, if he proves that the reasons for late payment were force majeure, such as hostilities and martial law. An innovation such as the suspension of an employment contract, which is possible in connection with military aggression against Ukraine, is being studied in detail. Due to the suspension, it excludes the possibility of employment by the employer and its performance by the employee. It is emphasized that the termination of the employment contract is not the termination of employment with the employee. Attention is drawn to the fact that the employer, under such conditions, is not obliged to pay wages to its employees, and further reimbursement of any payments to employees who were unable to make the employer in connection with the suspension of the employment contract, in full will rely on the aggressor state, namely the Russian Federation. The article also draws attention to the new bill submitted to the Verkhovna Rada of Ukraine in April 2022 on amendments to some laws of Ukraine on the optimization of labor relations in martial law. Emphasis is placed on the new points by which this bill fills in the gaps in the Law №2136.
Purpose. To analyze and assess the legal basis of the activities of enterprises that have an impact on the atmospheric air due to the result of their activities, to elaborate recommendations on improving the mechanism for monitoring and influencing the activities of such enterprises, and types of legal liability for violations of legislation in the sphere of atmospheric air protection. Methodology. The study on problematic issues of strengthening the control of the activities of enterprises with industrial air pollution was carried out by studying and analyzing the regulatory and legal framework of Ukraine, theoretical research in the relevant sectors, analysis of official statistics on air pollution Findings. The current legislation on the control of enterprises with industrial air pollution has been studied in the paper. Some problems and lack of proper control over the activity of enterprises with industrial atmospheric pollution were revealed. Originality. The main ways have been formulated of influence and improvement of control over the activity of industrial enterprises, the functioning of which is connected with atmospheric air pollution: reforming the state control bodies in the field of environmental protection; strengthening public control in the sphere of environmental protection; adjustment of legislation and strengthening of the liability of the enterprises. Practical value. The paper recommends the introduction of compulsory public participation at the stage of monitoring compliance with the law in the activities of enterprises with industrial pollution of atmospheric air, which will help to conduct a political dialogue on such an important issue. In order to give the necessary powers to public inspectors, it is proposed to amend the legislation in the sphere of atmospheric air protection and supplement it with the relevant norms, which will introduce mandatory training of public eco-inspectors. Also, the necessity to strengthen administrative responsibility at the stage of control over the activity of enterprises with industrial air pollution is argued. It will be relevant to strengthen administrative responsibility and to determine a fine in the amount of 50% of losses due to being fully compensated. Thus, amendments to Article 78 and 79 of the Code of Ukraine on administrative offenses will deter relevant actors from violations of environmental legislation.
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