民法和劳动合同:经济和法律层面

V. Makovii, Rashad Mamedov, Denys Dontsov
{"title":"民法和劳动合同:经济和法律层面","authors":"V. Makovii, Rashad Mamedov, Denys Dontsov","doi":"10.30525/2256-0742/2023-9-4-170-177","DOIUrl":null,"url":null,"abstract":"The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.","PeriodicalId":44766,"journal":{"name":"Baltic Journal of Economic Studies","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"CIVIL LAW AND LABOR CONTRACT: ECONOMIC AND LEGAL DIMENSION\",\"authors\":\"V. Makovii, Rashad Mamedov, Denys Dontsov\",\"doi\":\"10.30525/2256-0742/2023-9-4-170-177\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.\",\"PeriodicalId\":44766,\"journal\":{\"name\":\"Baltic Journal of Economic Studies\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2023-11-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Baltic Journal of Economic Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30525/2256-0742/2023-9-4-170-177\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"ECONOMICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of Economic Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30525/2256-0742/2023-9-4-170-177","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"ECONOMICS","Score":null,"Total":0}
引用次数: 0

摘要

本研究的主题是民法和劳动合同在公共生活中的性质和意义的概念、理论、方法和应用的法律和经济原则。研究方法。研究以一般科学方法和特殊法律方法为基础。分析有助于确定民法和劳动合同作为现代社会的社会经济和法律现象的定量和定性参数。通过综合分析,形成了现代社会中民法和雇佣合同所固有的共性和独特性。在比较法律方法的帮助下,有可能区分经济领域民法和劳动合同的特征,并根据相应起源的定量和定性指标,在现代国际和国内立法中对上述类别进行法律整合。形式-法律方法为在民法和劳动法范围内对合同自由原则进行规范性整合的有效性结论的形成以及相关规范建议的确定创造了条件。文章的目的是界定民法和劳动合同在经济和法律领域的本质和意义。研究结果表明,乌克兰在经济一体化道路上对行使私人权利的时间限制的法律规范状况为其在一般和特殊法律规定方面的现代化创造了先决条件。结论。合同关系是民事交易最重要的推动力之一,因为它们在民事和经济交易中调解了许多非财产和财产商品的流动。根据对统计数据的研究,可以确定民法合同与劳动合同一起,为经济过程在数量和质量上的发展创造了条件,因为民法合同是民事和经济交往中物质和非物质商品流通的一种手段。同时,民法合同由于其广泛的可变性和对某些经济过程的直接参与,为经济空间的进步创造了更重要的先决条件,这体现在此类合同的新类型和新形式上。劳动合同在其组成部分中的目的,首先是从所考虑的立场出发,通过保证一定的社会标准,包括经济标准,确保在落实工作权内容时的社会成分。因此,与民法不同,劳动法对国家经济的影响是间接的,其具体比重要小得多。在法律领域,对民事和劳动领域合同结构的法律性质和范围的研究证明了合同自由原则的重要性,一方面,合同自由原则是在民事立法的范围内确立的,另一方面,合同自由原则为实施另一项更广泛的工作自由原则创造了条件,而工作自由原则的基础是个人的工作自由权,这是一项自然的、不可剥夺的人权。该条指出了将合同自由原则与民法关系一起扩展到其他相关关系(主要是劳动关系)的可能性。该原则内容的表现形式是权利人授权以下列方式之一行事:1) 程序性(合同的订立、修改、终止);2) 选择对方;3) 确定条款和条件;4) 确定合同内容。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
CIVIL LAW AND LABOR CONTRACT: ECONOMIC AND LEGAL DIMENSION
The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
48
审稿时长
12 weeks
期刊最新文献
INTERNATIONAL BUSINESS INTEGRATION: BUSINESS PLATFORMS, INTERNATIONAL BUSINESS SYNERGY AND COOPERATION CONCEPTUAL BASES OF STRATEGIC MANAGEMENT OF INTEGRATED ECONOMIC SUSTAINABILITY OF ENTREPRENEURIAL STRUCTURES IN CRISIS CONDITIONS SOCIAL AND ECONOMIC PRINCIPLES OF HEALTHY LIFESTYLE FORMATION AMONG EMPLOYEES OF HIGHER MEDICAL EDUCATION INSTITUTIONS ORGANISATIONAL CULTURE AS AN EFFECTIVE TOOL FOR MANAGING A TELECOMMUNICATIONS ENTERPRISE MARKETING SUPPORT OF THE ENTERPRISE COMPETITIVENESS MANAGEMENT SYSTEM
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1