Suchergebnisse

The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive.

This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions.

First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations.

The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.

This article is devoted to the main problems in the institute of the death penalty. Nowadays, our society concentrates on the humanization of the rule-making framework, and especially on the loyal application of the punishment to the defendants. The State by establishing the death penalty takes away human life and it denies the honor, dignity and social value of human beings as the main goal of the states and social existence. The main idea of this article to analyze the institute of the death penalty, to explore and make statistics of states where it still exists and to determine reasons for its application. Therefore, the author considered the main aspects of the institution of the death penalty and the right to life, their legislative consolidation and concluded that the problem of the death penalty is one of the biggest problems in international law. In today's society, a lot of issues concerning the rightness and legality of the use of the death penalty exist. In this regard, the article focuses on the main regulations in which the prohibition of the death penalty is enshrined, these include the Second Optional Protocol to the International Covenant on Civil and Political Rights and Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty and the like. The concept of the death penalty, history and current state of its development in the world are also revealed. Also, the author analyzed the doctrine of scholars on this issue and consented that the death penalty is contrary to the principle right to life, which is the major one in international law. The author noted that many countries refuse to recognize international standards in this sphere and refuse to ratify the Protocols to international treaties abolishing the death penalty. Analyzing the issue of the death penalty, the author outlined numerous problems raised during conducting the study and noted that the international community has the task of solving the problems mentioned ...

This article is devoted to the conflict of law rules of the international contract of sale, analysis and identification of problems of the conflict method of legal regulation. The main sources of legal regulation of international purchase and sale of goods, both at the international and national levels, are studied. Attention is drawn to the peculiarities of the application of the norms of the Vienna Convention of 1980 to relations under the contract of international sale, as well as its interaction with domestic regulations. Attention is paid to the problems of harmonization of Ukrainian legislation with European and international law in the field of legal regulation of the contract of sale.The general concept and characteristics of this agreement, as well as the features of its conclusion. Withit also the practical problems which should be considered in the course of contractual work, first of all definition of the moment of the conclusion of contracts and the beginning of action of the international agreement of purchase and sale of the goods in modern conditions of development of the state are analyzed. Based on the analysis of the essential terms of the international sale agreement, the scope of this agreement, its stages of conclusion developed measures on the feasibility of regulation at the level of the Civil Code of Ukraine provisions related to establishing requirements for the principle of close communication, determining the time of the agreement, "Law of the place of the act", issues related to the conclusion of the so-called. "Agreement between the absent" (conclusion of the contract by teletype, fax, telephone, etc.), the form and content of the international contract of sale. The current state, patterns of development of conflict of law regulation in order to identify the most optimal ways to resolve conflict issues in the relevant field. It is also noted that each state in its own way carries out the legal regulation of relations, so there are conflicts between the substantive law of different ...

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.

The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et

The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.

In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

The article deals with the provisions on international adoption through the prism of the Hague Convention on the Protection of Children and Cooperation in the field of International Adoption in 1993, the problematic issues adopted by foreign nationals. Issues of legal conflicts between the Hague Convention and Ukrainian legislation on the prohibition of same-sex marriage and its impact on inter-state adoption have been identified. In order to ensure more effective control and supervision of the fate of adopted children, it is proposed to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign nationals. To resolve the issue of allowing same-sex couples to adopt a Convention, initiate before the United Nations the right of countries with the prohibition of same-sex marriage to admit a convention of non-acceptance of this article (as prohibited by Article 40 of the Convention) for the purpose of further implementation in the legislation of both our state and other states. with a reservation (restriction, exclusion) to strengthen the normative international regulation of the protection of the rights of the child. Regarding the issue of abuse of international adopters, we consider it necessary to offer an alternative - to strengthen by means of legislative enshrining in both national and international law measures to protect the life of the child as an object of international adoption by increasing the degree of control over the adoption and subsequent fate of the child in the form of specially created reports each country's Interstate Adoption Authority. To ensure more effective control and supervision of the fate of adopted children, we propose to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign citizens.

The article deals with the peculiarities and importance of diplomacy in the mechanism of international territorial disputes settlement by analyzing the results of scientific research and the legal framework. Diplomatic means of resolving international territorial disputes have been found to include so-called "reconciliation facilities", including negotiations, consultations, investigative and conciliation commissions, mediation, good services, etc. It has been established that diplomatic means are determined by the fact that the parties to the dispute independently "control" the dispute and may accept or reject the proposed mechanism of dispute settlement. It has been found that negotiation is the simplest, most convenient and acceptable means for the parties to an international dispute. They represent the process of finding disputes by the parties themselves by establishing direct contact and reaching an agreement between them. It has been established that consultations are a type of negotiation. They are used to continue the established contacts. Consultations are sought when negotiations need to be resumed in the light of emerging circumstances. It has been found that another type of regulation of international territorial disputes is the institution of peaceful settlement through the use of good services, which are a set of international legal norms that regulate the activities of third countries or international organizations for the purpose of their own initiative or at the request of are in conflict and aimed at establishing or renewing direct negotiations. It has been found that situations sometimes arise when the essence of the conflict is reduced to a different understanding of the factual circumstances that gave rise to the dispute. In such a case, the conclusion of investigative and conciliation commissions may be accelerated. "Virtual" diplomacy has been singled out as a kind of diplomatic way of resolving international territorial disputes, which is of ancillary character. It is emphasized that ...

The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...