Open AccessThe Problem of Freedom of Association: A Comparative Legal Study of Provisions of Laws on Trade Unions of the States of the Eurasian Economic Union, Taking into Account International Labor Standards
Author(s) -
Kubanychbek S. Ramankulov
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.123.2.165-174
Subject(s) - political science , freedom of association , international free trade agreement , human rights , law , economic union , international trade , context (archaeology) , customs union , economic integration , economics , geography , archaeology
The paper investigates the norms of laws on trade unions of the states of the Eurasian Economic Union, with respect to international labor standards, in the context of the problems of freedom of association in a comparative legal aspect. In this regard, trade union monopolies (Belarus, Kazakhstan, Kyrgyzstan) are challenging the provision of the independence of trade unions in a number of countries of the Eurasian Economic Union. The paper concludes that there is a significant inconsistency, in particular, Art. 11-15 of the Law of the Republic of Kazakhstan No. 211-V "On Trade Unions" and Art. 7-12 of a new Law (draft) of the Kyrgyz Republic "On Trade Unions" to the principles of Art. 2 and 11 of the ILO Convention No. 87. The paper examines the trends associated with the expansion of some trade union rights in terms of their relationship with civil rights and freedoms and international labor standards. On this basis, it is concluded that in international legal acts, trade union rights are considered as a complex legal institution containing norms related to civil and political rights, to economic, social and cultural rights.