At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.
It is proposed to consider land disputes as a special type of legal relationship, which is based on differences of subjects manifested in the emergence, implementation, change or termination of land rights, their protection in connection with the violation of rights and legitimate interests (or their recognition) of owners or users of land plots, including tenants and other subjects of land legal relations. It is established that the process of improving the existing mechanisms for resolving land disputes is ongoing, so it should take place through a system of legal, organizational and economic measures. Such measures must be taken by authorized subjects of land relations in the application of procedures for the protection of land rights and ensuring the effective use of land under the conditions specified by the legislation of Ukraine. Land disputes are defined as a conflict between the subjects of land relations, which need to be resolved in the manner prescribed by law. Its participants are the subjects of land relations: the state and its authorized bodies, individuals and legal entities, whose legal status is determined by the rules of land and civil law. The classification of land disputes by nature, depending on the grounds (methods) of occurrence, change or termination of the right to use the land plot, depending on the settlement mechanism, according to the level of dispute resolution is proposed. The expediency of improving the procedure for consideration and resolution of land disputes by strengthening the administrative procedure for resolving them is substantiated. Due to the effect of quarantine and deterioration of financial situation, the possibility of a person to go to court to resolve a land dispute is significantly limited. The expediency of developing methodological recommendations for united territorial communities on the mechanisms and procedure for resolving land disputes and methodological recommendations for internally displaced persons on the procedure for protection of land rights is proposed.
The article investigates the use of conciliation procedures for resolving labour disputes through the negotiation process. The article also reveals the advantages of the negotiation process in conciliation procedures. Tactical methods of negotiations are analyzed, individual psychological aspects of their conduct and interests of the parties to labour disputes are taken into account. The proposal for the expediency of introducing into the labour law the international legal ways of resolving disputes with the participation of a third (neutral) person is justified by fixing the following procedures under the following sequence: arbitration-mediation, conciliation or settlement of the dispute by means of the ombudsman, independent establishment of disputes assessment of circumstances, facilitation, creation of commissions for the settlement of disputes, «court with many doors». In the process of conciliation procedures the employer, employee and third parties should be involved in the settlement of the dispute, the main task of which is to assist the parties to the dispute to reach understanding and settlement of the existing dispute through the negotiations established by law. It is established that the individual-psychological aspects of the negotiation process are traced in the resolution of labour disputes, the introduction of a third (neutral) person during conciliation procedures. On the basis of the conducted research it is grounded expediency of normative consolidation of conciliation-mediation procedures in the labour legislation, which will promote reconciliation of interests of parties to the dispute and protection of labour rights of employees. It would be expedient in labour law to lay down requirements for the protection of the rights and legitimate interests of workers, in particular their physical and mental health, to fix the notion of «mobbing» and measures of liability that can be applied to the offender of the rights and legitimate interests of workers.
The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.
The article deals with the analysis of general trends in the labour market, which are characterized by a rapid increase in unemployment in Ukraine. The main reasons for such negative trends are outlined and the main changes in employment in 2020–2021 are highlighted. The definition of a socially responsible employer is given and its content is revealed. It was found that a socially responsible employer is not so much an economic entity that meets the requirements of applicable law, as an enterprise that voluntarily implements a number of other social measures targeted at the employee and necessary for the latter, based on the specifics of their employment. Practical methods of application of the system of rational bonuses and stimulation of employees to motivated performance of official duties are given. Some changes are proposed, which should be made in the Labour Code of Ukraine and establish the limits of liability of the employer for failure to comply with the labour (collective) agreement on social security of employees. Emphasis is placed on the need for a larger-scale information campaign aimed at refusing employees to take up their duties without proper contractual arrangements, as by agreeing to informal employment, the employee is in fact vulnerable. There are three main groups of responsibilities of the employer for social security: preventive, logistical, monitoring (evaluation). A separate block of questions is devoted to the review of the organization of social security for workers with special needs. The general idea and philosophy of creating initially socially oriented business is more widely disclosed. The role of business entities in the organization of social entrepreneurship as a promising component of private social security is analysed. Examples of business activities in this area are given. Emphasis is placed on the mandatory participation of the employer in the organization of the investigation of an accident or occupational disease at work as a prerequisite for the employee to receive certain types of social security, including social rehabilitation.
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