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§ 1. Conceptual bases of legal regulation of safety and hygiene of work within the limits of EAES

During research the basic problems of legal regulation of safety and hygiene of work of the workers, considered in a context of certificates of the International organisation of work have been revealed.

At the same time some conclusions about development prospects can be applied and to other international organisation — to the Euroasian economic union.

Taking into account development of labour migration, position about which is fixed section of XXVI Contract on the Euroasian economic union [115], borders between the states entering into given integration association, have ceased to be the deterrent of moving of workers in search of work. This fact, and also aspiration to formation of uniform economic space between the countries which are a part EAES, mediates creation of the general labour market that is natural process of integration of such character and scale, and this process is objectively necessary. From what follows, that employers and workers of the different countries become participants of a uniform labour market that strengthens an intragroup competition between them.

Construction of uniform economic space and reciprocal strengthening of labour migration lead to that the worker of one country can free work in another. Hence, the worker of one country can apply for similar working conditions in other country, otherwise there are no bases to approve possibility of functioning of really uniform economic space. Competition occurrence between employers and workers of the various countries predetermines necessity of development of uniform approaches to legal regulation of their activity, and consequently, and the conditions providing safety and hygiene of work.

Uniform labour market EAES demands formation of uniform legal regulation of labour and other relations directly connected with them, differently the state legal field becomes one of elements of competitive struggle between employers and promotes disbalansu a supply and demand on a labour market: the employer is interested in lower level of guarantees of the rights to workers, and workers, on the contrary, in higher. With reference to questions of legal regulation of a labour safety the given aspect gets not only competitive, but also dangerous specificity. Also it is necessary to notice, that in the international organisation of economic integration which is EAES, the right should one of the important integrators of economic relations, instead of means of competitive struggle between managing subjects.

From here the indisputable requirement for a complex of interstate standards of maintenance of safety and hygiene of work which not only would lead the given system to formation of uniform principles and concepts follows, but also would give accurate reference points for employers as exact criteria of execution of corresponding conditions.

It is necessary to notice, that questions of concrete level of the minimum standards should be discussed between member states the Euroasian economic union with obligatory attraction of social partners as they first of all are interested in that the uniform economic space had a uniform legal regulation.

The told generates necessity of working out of the Cooperation agreement of the countries — participants of the Euroasian economic union concerning the organisation of conditions of safety and hygiene of work in which frameworks the establishment of the unified interstate standard of maintenance of safety and hygiene of work of workers in which their minimum level is defined should be provided.

Thus the countries in which conditions improve the specified minimum level, have no right them to worsen.

For today the Contract on the Euroasian economic union, and also reports to it do not provide an establishment of uniform frameworks of legal regulation of maintenance of safety and hygiene of work of workers. In this connection in the offered Cooperation agreement of the countries — participants EAES concerning the organisation of conditions of safety and hygiene of work at the initial stages of legal integration in the specified area it is necessary to develop a motoring map in which frameworks to specify terms of ratification of conventions of the International organisation of work. The given approach is represented to the most constructive and fair as it does not mediate pressure of a legal regulation of one country over another, at the same time promotes development of is standard-legal regulation in each of member states EAES.

At a current stage it is possible to name the primary goal forming of priorities in ratification by the state-participants EAES of conventions on maintenance of safety and hygiene of work of workers. According to a position of the International organisation of work on the given question it is necessary to allocate groups of conventions which need to be ratified to members EAES for the work organisation on development of the national legislation and simultaneously with it harmonisations of the legislation of member countries EAES (tab. 2 see).

128

THE CONVENTION THE COUNTRIES,

IN WHICH RATIFICATION IS NECESSARY

Basic conventions

IN THE FIELD OF SAFETY AND HYGIENE OF WORK

The convention the SQUANDERER № 155 «About safety and hygiene of work and the industrial environment» Republic Armenia, the Kirghiz Republic
The convention the SQUANDERER № 161 «About hygiene services Byelorussia,
Work » Republic Kazakhstan, the Russian Federation, Republic Armenia, the Kirghiz Republic
The convention the SQUANDERER № 187 «About the bases promoting safety and hygiene of work» Republic Armenia, Byelorussia, the Kirghiz Republic

Conventions of the International organisation of work,

DIRECTED ON COUNTERACTION TO CERTAIN KINDS OF RISK

The convention the SQUANDERER № 115 «About protection of workers against ionising radiation» Republic Armenia, Byelorussia, the Russian Federation
The convention the SQUANDERER № 139 «About struggle against the danger caused by the cancerogenic Republic Armenia, Byelorussia,
Substances and agents under production conditions and preventive maintenance measures »114 Republic Kazakhstan, the Kirghiz Republic, the Russian Federation

114 Convention the SQUANDERER № 139 «About struggle against the danger caused by cancerogenic substances and agents under production conditions and measures of preventive maintenance» (Geneva, on June, 24th, 1974)//Library of safe work. URL:

http://base.safework.ru/safework? d&nd=33302222&prevDoc=33302222&spack = 110listid%3D0 10000000100%26listpos%3D123%26lsz%3D168%26nd%3D808000004%26nh%3D0%26start %3D120%26 (reference date: 15.05.2017).

THE CONVENTION THE COUNTRIES,

IN WHICH RATIFICATION IS NECESSARY

The convention the SQUANDERER № 148 «About protection of workers against the professional risk caused by air pollution, noise and vibration on workplaces» Republic Armenia, Byelorussia
The convention the SQUANDERER № 162 «About a labour safety at asbestos use» [116] Republic Armenia, Byelorussia, the Kirghiz Republic
The convention the SQUANDERER № 170 «About safety at use of chemical substances on manufacture» [117] Republic Armenia, Byelorussia, Republic Kazakhstan, the Kirghiz Republic, the Russian Federation
The convention the SQUANDERER № 174 «About prevention of large industrial failures» [118] Byelorussia, Republic Kazakhstan, the Kirghiz Republic
THE CONVENTION THE COUNTRIES,

IN WHICH RATIFICATION IS NECESSARY

Conventions of the International organisation of work

BY ECONOMIC ACTIVITIES KINDS

The convention the SQUANDERER № 120 «About hygiene in trade and establishments» Republic Armenia, Republic Kazakhstan
The convention the SQUANDERER № 152 «About the safety precautions and hygiene of work on port works» Republic Armenia, Byelorussia, Republic Kazakhstan, the Kirghiz Republic
The convention the SQUANDERER № 167 «About safety and hygiene of work in building» Republic Armenia, the Kirghiz Republic, the Russian Federation
The convention the SQUANDERER № 176 «About safety and

118

To hygiene of work on mines »

Byelorussia, Republic Kazakhstan, the Kirghiz Republic
The convention the SQUANDERER № 184 «About safety and hygiene of work in agriculture» [119 [120] Republic Armenia, Byelorussia, Republic Kazakhstan, the Russian Federation

It is necessary to notice, that the parties of the given Agreement should adjust terms during which they ratify corresponding conventions, and the unconditional priority should be given to basic conventions the SQUANDERER in sphere of safety and hygiene of work. The offered Agreement will allow to build teamwork on unification of standards in sphere of safety and hygiene of work.

For development of the Euroasian economic union the same aspects which have been offered with a view of development the SQUANDERER, including importance of carrying out of educational activity that gets the especial importance on a labour market are characteristic. The general labour market and the general borders of market economy are developing, for them abusing the employer the powers in relation to workers in view of that economic conditions are in constant movement is characteristic, the enterprise culture is developed insufficiently highly to understand importance and economic efficiency of maintenance of safety and hygiene of work in long-term prospect.

To the Euroasian economic union in not smaller degree, than the International organisation of work, it is important to provide the decision both current designated above problems, and questions of preparation of a platform and search of possible ways of the decision of potential problems — what do not exist for today yet or are not of great importance, but with bolshej probability degree will be actual further. Thus, it is possible to develop the mechanism of the decision of problems even before their occurrence.

Taking into account prompt rates of development of technologies, application of the automated systems of manufacture and mass liberation of a labour in the future (in view of its replacement by more economic and effective toolkit providing performance of the same work without participation of the person) due maintenance of safety and hygiene of work of workers it will be inconvenient. The similar forecast is based on that fact, that development of technologies at preservation of today's rates of increase in a population on the Earth will lead to that for maintenance of manufacture of demanded quantity of the goods and services the majority of kinds of the works assuming constant performance of in advance set algorithm of actions, most likely, will be carried out by the automated mechanisms. It will occur whereas, in - the first, the potential of professional perfection of the worker is limited physically, secondly, the worker requires rest and, thirdly, already now loses in productivity to the automated technics in certain branches of manufacture.

The position which has developed in such conditions on a labour market will lead disbalansu a labour supply and demand that will negatively affect motivation of the employer in a due measure to give necessary level of working conditions, including providing safety and hygiene of workers. In the conditions of a great demand for work it will be much easier to employers to operate the expenses including on actions for maintenance of safety and hygiene of work, and the negative situation for workers on a labour market will force them to agree even on adverse working conditions.

Conclusions

Within the limits of the paragraph it was offered to develop the Cooperation agreement of the countries — participants of the Euroasian economic union concerning the organisation of conditions of safety and hygiene of work, in which frameworks probably establishment of the unified interstate standards of maintenance of safety and hygiene of work of workers and in which their minimum level is defined. Thus the countries giving the best conditions, than are established by a minimum level, have no right them to worsen.

Discriminating line of the given Agreement is the motoring map provided in it accurately fixing actions and terms of increase of specified minimum standards in the countries, up to achievement of the best conditions in each of the countries-participants.

At the first stages of action of such Agreement it is supposed to spend harmonisation of legislations in sphere of maintenance of safety and hygiene of work by purposeful ratification by the states of conventions of the International organisation of work, with an unconditional priority of those from them which admit the SQUANDERER basic the given area.

Thus, the offered Agreement will allow to build teamwork on unification of standards in sphere of safety and hygiene of work.

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A source: Vorontsov Dmitry Igorevich. LEGAL REGULATION of MAINTENANCE of SAFETY And HYGIENE of WORK by CERTIFICATES the SQUANDERER. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018. 2018

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