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Lecture by M.O. Sopiha, PhD 02. «Basics of Law». Plan:  Residential Legislation.  Marriage and Family related Laws.  Labour and Employment Legislation.

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Presentation on theme: "Lecture by M.O. Sopiha, PhD 02. «Basics of Law». Plan:  Residential Legislation.  Marriage and Family related Laws.  Labour and Employment Legislation."— Presentation transcript:

1 Lecture by M.O. Sopiha, PhD 02. «Basics of Law»

2 Plan:  Residential Legislation.  Marriage and Family related Laws.  Labour and Employment Legislation.

3  Residential Legislation: Your Text here Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi.

4  Residential Legislation:  Residential Legislation or Housing law is a set of rules governing the legal relationships that arise over the possession, use, disposal of housing.  In the management of such a relationship raises many questions, because the law in this sphere is composed of a substantial number of laws and under law regulations, from the effectiveness of which actually depends on the realization and protection of housing rights. Housing legislation of Ukraine is closely related to Civil, Family and Land laws, so careful application of legal norms is the key to effective legal assistance and the best results both in pre-trial settlement of disputes, and in court proceedings.

5  Civil Law:  Civil law regulates the everyday life of persons and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The Code introduces new types of business contracts into the legal practice, including factoring, franchising, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine.

6  Civil Law:  The legal system of Ukraine is based on the framework of Civil law. The legal system of Ukraine belongs to the Romano- Germanic legal tradition. The main source of legal information is Codified law. Customary law and Case law are not as common, though Case law is often used in support of the written law, as in many other legal systems.  Historically, the Ukrainian legal system is primarily influenced by the French Code Civil, Roman Law, and traditional Ukrainian customary law. The new civil law books (enacted in 2004) were heavily influenced by the German Bürgerliches Gesetzbuch.

7  Civil Law:  The primary law body is the Ukrainian Parliament (Verkhovna Rada), also referred to as the legislature (Ukrainian: zakonodavtsi'). The power to make laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. In recent years, it has become common for the legislatures to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).

8  Family Law: Family law is an area of the law that deals with family-related issues and relations including:  the nature of marriage, civil unions, and domestic partnerships;  issues arising throughout marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction  the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders.

9  Land Law:

10  All land in Ukraine is divided into categories according to its designated use (industrial land, urban land, agricultural land, etc.). Lands allocated to a specific category may not be used for other purposes, e.g. agricultural land may not be used for development. Land may be transferred from one category to another by relevant authorities.  Some areas are not available for development. These, in particular, include protection zones around various natural, cultural, transport and industrial facilities, sanitary zones adjacent to water bodies, pollution protection areas, and other reserved areas, such as the state border area, etc.

11  Land Law: Land rights:  Ukrainian law recognizes ownership and use rights in land. Use rights include rights of permanent use, lease rights, permanent building rights, permanent farming rights, and land easements. All land rights must be registered in a public register.  Land may be subject to contractual or statutory encumbrances, including transfer restrictions, construction obligations, etc. Land encumbrances must also be registered in public registers.  Ownership rights are acquired by purchase or other transaction from private parties or governmental agencies (including by privatization). Use rights are acquired by land grant by authorities or by contract with private owners.

12  Land Law: Land ownership:  Ukrainian law recognizes the state, communal and private ownership of land:  All land in Ukraine that is not communally or privately owned is in state ownership. Such land is administered by various governmental authorities depending on the land’s classification.  Communal land is owned by the local communities. Such land comprises areas within town and village and surrounding areas. Communal lands are controlled by the local authorities.  Privately owned land comprises land owned by individuals and organizations. In circumstances provided by law private land may be taken by the government.  Land ownership is acquired in various ways, including by contract, grant of state or communal land where permitted by law, by prescription (adverse possession), and acquisition of real estate standing on the land.

13  Land of Law: The following main types of restrictions regarding land ownership apply:  Some lands may not be privately owned, including public areas in towns and villages, railways, roads, natural preserves, historical and cultural monuments, forests, etc.  Land ownership by foreigners is subject to special restrictions (discussed below).  Pending enactment of enabling legislation transfers of agricultural land are generally prohibited.

14  Land of Law: Position of foreigners:  While foreigners are free to lease land in Ukraine, their ownership of land is subject to restrictions, including:  Foreigners may not own agricultural land, but may own land in urban areas. In the countryside foreigners may own land occupied by buildings owned by them.  Sales of state-owned lands to foreigners are subject to special procedures. Such sales, in particular, may require approval of the Cabinet of Ministers of Ukraine and/or Ukrainian parliament, depending on the type of land.  To acquire land in Ukraine, a nonresident must set up a representative office in Ukraine.

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16  Marriage and Family related Laws :

17  Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found. Such a union, often formalized via a wedding ceremony, may also be called matrimony.

18  Marriage and Family related Laws :  People marry for many reasons, including one or more of the following: legal, social, emotional, economical, spiritual, and religious. These might include arranged marriages, family obligations, and the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment. The act of marriage usually creates normative or legal obligations between the individuals involved. In some societies these obligations also extend to certain family members of the married persons. In cultures that allow the dissolution of a marriage this is known as divorce.

19  Marriage and Family related Laws :  Marriage is usually recognized by the state, a religious authority, or both. It is often viewed as a contract. Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with marriage laws of the jurisdiction. If recognized by the state, by the religion(s) to which the parties belong or by society in general, the act of marriage changes the personal and social status of the individuals who enter into it.)

20  Marriage and Family related Laws :  A civil union is a legally recognized union similar to marriage. Civil unions can often come under other terms such as registered partnership and civil partnership. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights, benefits, and responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some jurisdictions, such as Quebec, New Zealand, and Uruguay, civil unions are also open to opposite-sex couples.  Many countries with civil unions recognize foreign unions if those are essentially equivalent to their own; for example, the United Kingdom lists equivalent unions in Civil Partnership Act Schedule 20.  Supporters of civil unions contend that civil unions grant same-sex couples equal rights to married couples. Some commentators, such as Ian Ayres, are critical of civil unions because they say they represent a separate status unequal to marriage. According to an American history scholar Nancy Cott "there really is no comparison, because there is nothing that is like marriage except marriage." Others, such as Robert Knight, are critical because they say civil unions endow the same rights and privileges of heterosexual marriages — alleging that they allow same-sex marriage by using a different name)

21  Marriage and Family related Laws :  In the common law tradition Family relations is a broad category that encompasses:  divorce;  property settlements;  alimony, spousal support, or other maintenance;  the establishment of paternity;  the establishment or termination of parental rights;  child support;  child custody;  visitation;  adoption; and  Emancipation of minors.

22  Marriage and Family related Laws :  In some jurisdictions, guardianships, truancy, and matters related to juvenile delinquency are considered part of the law of domestic relations.  Many sorts of dispute fall into this broad category; many people who will not otherwise have any dealings during their lives with the judicial system have domestic relations disputes. Because of the volume of legal business generated by the law of domestic relations, a number of jurisdictions have established specialized courts of limited jurisdiction, sometimes called family courts, which hear domestic cases exclusively.

23  Divorce:  Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt.

24  Divorce:  In most Western countries, a divorce does not declare a marriage null and void, as in an annulment, but it does cancel the married status of the parties. Where monogamy is law, this allows each former partner to marry another. Where polygyny is legal, divorce allows the woman to marry another. Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted. From 1971 to 1996, four European countries legalized divorce: Spain, Italy, Portugal and the Republic of Ireland.

25  Divorce:  Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment). In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process. Generally speaking, annulment, despite its retrospective nature, still results in any children born being considered legitimate in the United States and many other countries.  Domestic violence, also known as domestic abuse, spousal abuse or intimate partner violence (IPV), can be broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation. Domestic violence has many forms including physical aggression (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation. Alcohol consumption and mental illness can be co-morbid with abuse, and present additional challenges when present alongside patterns of abuse. Awareness, perception, definition and documentation of domestic violence differ widely from country to country, and from era to era.

26  Labour and Employment Legislation.

27  Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work.  The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution.

28  Labour and Employment Legislation.  The function and origins of labour law  Labor law arose due to the demands of workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' organizations and to keep labour costs low. Employers costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some may be opposed to. The state of labour law at any one time is therefore both the product of, and a component of, the conditions for, struggles between different interests in society.

29  Labour and Employment Legislation.  Collective labour law  Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions (or labour unions) are the form of workers' organisation most commonly defined and legislated on in labour law. However, they are not the only variety. In the United States, for example, workers' centers are associations not bound by all of the laws relating to trade unions.  Individual labour law  Individual labour law deals with peoples rights at work place on their contracts for work. Where before unions would be major custodians to workplace welfare, there has been a steady shift in many countries to give individuals more legal rights that can be enforced directly through courts.  There may be law stating the minimum amount that a worker can be paid per hour. Australia, Canada, China, Belgium, France, Greece, Hungary, Ireland, Japan, Korea, Luxemburg, the Netherlands, New Zealand, Portugal, Poland, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind.  The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Those unable to command the minimum wage due to a lack of education, experience or opportunity would typically work in the underground economy, if at all. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.

30  Labour and Employment Legislation. Hours of labour and holidays Eight-hour day  Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of capitalism and the introduction of machinery, longer hours became far more common, with hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of person working in the new water-powered textile factories were children.  The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.

31  Labour and Employment Legislation. The main features of the Code are:  Retroactivity: The Labor Code extends its force to the existing labor relations established before its adoption. However, this is not absolute retroactivity, meaning that Labor Code will not be applied to regulate labor disputes already arisen and submitted to courts before its adoption.  Stricter definition of legal labor relations: that is relation between employer and employee is established for the purpose of performance of the work by the employee for the employer followed by remuneration of an employee for the work carried out. Hence, performance of the work without remuneration and relation with the employer is not considered as legal labor relation.

32  Labour and Employment Legislation.  Extending working age: In general the labor capacity of a person shall arise upon the attainment of the age of sixteen years, i.e. it is permitted to hire sixteen years old person without consent of his/her legal representative. Arising of labor capacity does not mean the arising of full capacity which normally arises upon attainment of the age of eighteen years. Accordingly, arising of labor capacity for a person attained at the age of sixteen years does not extend to other legal relations and is related only to the right to conclude the labor contract. It is also possible to conclude a labor contract with the person under sixteen. However, in this case, the employer shall request the consent of statutory representative of person or guardianship and curatorship agency. While hiring a person under 16 several mandatory terms are to be observed: a) labor relations shall not be at variance with the interest of a minor, shall not impair his/her moral, physical and mental development and b) shall not prevent him/her from receiving the compulsorily education. The labor contract with the minor under the age of fourteen years may be concluded only in the fields of sport, art, cultural activities and advertising.  Hence, new Labor Code regulates the issues related to the labor contract by means of no mandatory norms, which during the conclusion of contract gives the parties a wider choice and does not limit them with imperative requirements concerning the observance of the form of the contract. However, the procedure of termination of the contract is regulated by imperative norms in order to protect the employee.

33  Labour and Employment Legislation. Labour and Employment Legislation.

34  Labour and Employment Legislation. European labour law The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week in order to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). Labor law includes the legal rules combined in the Labor Code of 2001 that governs the matters of the labor contracts, working hours, holidays and rest days, safety at the working place, wages, sick leave, social protection, the labor disputes resolution, as well as basics of trade union activity.

35  The End


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