Actual problems of innovative economy and law

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Cancellation of the moratorium on the sale of agricultural land as an impetus to improve legal issues regarding the implementation of the right to work in farms

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УДК: 346.7

DOI: https://doi.org/10.36887/2524-0455-2024-1-16

Lysiak Oleksandr,
PhD of Law, Associate Professor of the Department of Legal Regulation of the Economy,
Simon Kuznets Kharkiv National University of Economics,
https://orcid.org/0000-0002-1511-3847
Krichfalushii-Stepanova Kristina,
PhD in Law, Senior Researcher of Economics, Management and Innovation Transfer,
Livestock Farming Institute of National Academy of Agrarian Sciences of Ukraine,
https://orcid.org/0009-0002-2993-5048

Throughout the entire history of generations in our state, the land has played and continues to play a significant role in its development and achieving production efficiency. It is expedient to preserve the traditions of generations regarding the management of fertile Ukrainian agricultural lands at a more professional level, considering the cancellation of the moratorium on the sale of agricultural land, the experience of countries with a developed market economy, the achievements of scientific and technical progress. For this, it is necessary to create conditions for realizing the right to work on farms, considering that this form of management is one of the most widespread in Ukraine. A legal analysis of the norms of the current legislation of Ukraine, which regulates the right to work on farms, was carried out. Based on the performed analysis, the primary forms of implementation of the right to work were considered, and their advantages and disadvantages were systematized. The primary forms of implementation of the right to work in farms were systematized depending on the subjects and the type of work performed. The effectiveness of the primary forms of implementation of the right to work and their impact was analyzed on the activity of the farm and identified problematic issues contained in the provisions of the current legislation, which cause gaps and conflicts of some fixed norms of the current legislation regulating the right to work in farms. Attention was drawn to the presence of specific problematic issues in the implementation of the right to work in farms, in particular, the uncertainty of the status, rights, and guarantees of farm members in the process of their implementation of the right to work, including the regime of working hours and time for rest, compliance with the established a state-guaranteed salary; temporality of seasonal work; insecurity of persons who perform work or provide services under a civil law contract concluded with a farm. It emphasizes the need to improve the norms of the current legislation, in particular, the Law of Ukraine “On Farming”, taking into account the fact that the legal support for the existence of any of the forms of exercising the right to work analyzed in this article requires improvement in the norms of the current legislation, since any regulatory – the legal act must comply with the Constitution of Ukraine, which today guarantees everyone the right to work, and the fundamental international normative acts ratified by our state. The conclusions provide suggestions necessary to balance the various forms of exercise of the right to work and provide equal opportunities for persons who have decided to exercise their right to work on farms to use all the forms described in this article. The prospects of further research are indicated, which consist of identifying existing problems in implementing the right to work on farms and in the scientific development of issues aimed at their improvement.

Keywords: farming, farm members, labor relations, labor contract, civil law contract, seasonal labor contract.

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The article was received 16.12.2023

Quote article, APA style

Lysiak O. , Krichfalushii-Stepanova K. 16.12.2023. Cancellation of the moratorium on the sale of agricultural land as an impetus to improve legal issues regarding the implementation of the right to work in farms. Actual problems of innovative economy and law. 2024. №1. 77-82 pp. https://doi.org/10.36887/2524-0455-2024-1-16

Quote article, MLA style

Lysiak O. , Krichfalushii-Stepanova K. Cancellation of the moratorium on the sale of agricultural land as an impetus to improve legal issues regarding the implementation of the right to work in farms. Actual problems of innovative economy and law. 16.12.2023. https://doi.org/10.36887/2524-0455-2024-1-16