- 1 Such consent may be expressed by her in the text of the will itself or added to the latter.
- 1.1 Features of the will as an exercise of the will of the testator
- 1.2 Employment contract: features and procedure
Such consent may be expressed by her in the text of the will itself or added to the latter.
9) seize low-quality goods, documents and other items that indicate a violation of consumer rights;
10) file lawsuits to protect the rights of consumers;
11) to transfer materials of inspections on actions of the persons containing signs of a crime, bodies of inquiry or preliminary investigation;
12) impose administrative penalties on guilty persons in cases provided by law;
13) impose penalties on business entities in the sphere of trade, public catering and services, including citizens-entrepreneurs.
The results of inspections of business entities by officials of the specially authorized central executive body in the field of consumer protection and its territorial bodies shall be formalized by relevant acts.
Features of the will as an exercise of the will of the testator
The execution of a will is the execution of the last will of the testator, expressed in the will
Usually the subjects of execution are the heirs who accepted the inheritance, its acceptance imposes on the heir (heirs) the obligation to execute the will in strict accordance with the will of the testator, unless otherwise provided by law.
Execution of the will is regulated in Chapter 88 of the Civil Code. According to Article 1286 of the Civil Code, the testator has the right to appoint an executor of the will. He may entrust the execution of the will to a natural person with full civil capacity or a legal entity (executor of the will).
If the will is made in favor of several persons, its execution may be entrusted to any of them. If the will is made in favor of one person, the execution of the latter may be entrusted to a person who is not the heir to the will.
The executor of the will may also be appointed at the initiative of the heirs. The latter have the right to file a lawsuit to remove the executor of the will, appointed by the testator, from the exercise of his powers, if he can not ensure the will of the testator.
If the testator has not appointed an executor of the will or if the person appointed by him has refused to fulfill it or has been removed from the execution of the will, the heirs have the right to choose the executor from among the heirs or appoint another person as executor of the will.
If the heirs cannot agree on the appointment of the executor of the will, he may be appointed by the court at the request of one of them.
The executor of the will may be appointed by a notary at the place of opening the inheritance, if the testator has not appointed the executor of the will or if the latter refused to execute the will or was removed from its execution and if required by the heirs (Article 1288 CC).
A person may be appointed executor of a will only with his consent. Such consent may be expressed by her in the text of the will itself or added to the latter. A person may submit to the notary at the place of opening the inheritance an application for consent to be the executor of the will after the opening of the inheritance.
Article 1290 of the Civil Code defines the powers of the executor of the will. The executor of the will is obliged to:
take measures to protect hereditary property; take measures to notify heirs, waivers, creditors of the opening of the inheritance; to demand from the debtors of the testator to fulfill their obligations; manage heritage; to ensure that each of the heirs receives a share of the inheritance, which is defined in the will, to ensure the receipt of a share in the inheritance by persons entitled to a mandatory share in the inheritance.
The executor of the will is obliged to ensure that the heirs perform the actions to which they were obliged by the will. The powers of the executor of the will are certified by a document issued by a notary at the place of opening the inheritance.
The powers of the executor of the will last until the full exercise of the will of the testator, which is expressed in the will. The powers of the executor of the will shall be terminated by the notary at the place of opening the inheritance in agreement with the heirs and testators.
After the termination of powers, the executor of the will must return to the notary the document that was issued to him (Part C of Article 1290 of the Civil Code). If the executor of the will does not return the document certifying his authority, the heirs have the right to demand the document, as well as to demand compensation for damages (Article 1294 of the Civil Code).
The executor of the will is entitled to payment for the exercise of his powers. The testator has the right to determine in the will the property (in kind or in money), which the executor of the will has the right to receive from the inheritance as payment for the exercise of his powers.
If the amount of the fee is not determined by the testator, it can be set by agreement between the executor of the will and the heirs, and in case of dispute – by the court. The executor of the will has the right to demand from the heirs reimbursement of the expenses incurred by him for the protection of the inheritance, its management and execution of the will.
The executor of the will, regardless of who appointed him, has the right to relinquish his powers. He is obliged to immediately notify the heirs, as well as other persons in respect of whom he had to take certain actions, of the waiver of his powers.
The executor of the will may not refuse to exercise his powers in the event of the need to take urgent action, the delay of which threatens to inflict damage on the heirs. He is liable to the heirs for damages caused by him in connection with non-compliance with the above requirements
The heirs have the right to control the actions of the executor of the will. If the heirs are minors, minors, incapacitated persons or persons with limited civil capacity, control over the execution of the will is exercised by parents (adoptive parents), guardians, trustees, as well as the body of guardianship and trusteeship.
At the request of the above persons, the executor of the will must report on the actions taken by him to implement the will. After the execution of the will, its executor submits to the heirs or their legal representatives a report on the exercise of their powers.
The heirs, their legal representatives, as well as the body of guardianship and trusteeship have the right to appeal to the court the actions of the executor of the will, if they do not comply with the Civil Code, other laws, violate the interests of heirs. The statute of limitations of one year is applied to the requirements for recognizing the actions of the executor of the will as illegal.
Employment contract: features and procedure
Current legislation stipulates that a special form of employment contract is a contract
According to Article 43 of the Constitution of Ukraine, everyone has the right to work, which includes the opportunity to earn a living by work, which he freely chooses or freely agrees to. An employee has the right to realize his abilities to productive and creative work by concluding an employment contract at one or several enterprises, institutions, organizations, unless otherwise provided by law, collective agreement or agreement of the parties.
Current legislation stipulates that a special form of employment contract is a contract. The scope of the contract is determined by the laws of Ukraine. Thus, hiring (hiring) employees by concluding a contract with them by the owner or his authorized body, a citizen may be carried out in cases expressly provided by law. To date, the contract can be concluded, for example, with: pedagogical and scientific-pedagogical workers (Part 3 of Article 54 of the Law "About education"); assistant lawyer (Part 1 of Article 8 of the Law "About the bar").
The issue of the procedure for concluding contracts when hiring employees is regulated, in particular, by the resolution of the Cabinet of Ministers of March 19, 1994 No. 170 "About streamlining of application of the contractual form of the employment contract" by the order of the Ministry of Labor of Ukraine of April 15, 1994 No. 23 "About the statement of the Standard form of the contract with the employee"…
It should be noted that the contract as a special form of employment contract should provide conditions for the initiative and independence of the employee, taking into account his individual abilities and professional skills, increasing mutual responsibility of the parties, legal and social protection of the employee … Terms of the contract that worsen the position of the employee compared to applicable law, agreements and collective bargaining agreement are considered invalid.
When hiring employees by concluding a contract with them, the employer must take into account that the contract can not be:
the procedure for considering individual labor disputes has been changed; introduced in relation to the employee full liability, except as provided in Art. 134 of the Labor Code of Ukraine.
It should also be noted that the employer is obliged to ensure the confidentiality of the terms of the contract. Persons who have access to the information contained in the contract in their official capacity are not entitled to disclose it. In this case, the requirements of confidentiality do not apply to the terms of the contract, which are governed by applicable law and in relation to the bodies that monitor https://123helpme.me/buy-compare-and-contrast-essay/ compliance with them.
Regarding the procedure for concluding a contract, it should be noted that in accordance with Article 24 of the Labor Code of Ukraine, the contract is concluded in writing and signed by the employer and the employee who is hired under the contract.
The contract is executed in two copies, which have the same legal force and are stored in each of the parties to the contract. With the consent of the employee, a copy of the contract concluded with him may be transferred to a trade union or other body authorized by the employee to represent his interests, to monitor compliance with the terms of the contract.
The contract comes into force from the moment of its signing or from the date specified by the parties in the contract, and can be changed by the consent of the parties made in writing. In addition, the contract is the basis for the issuance of an order (instruction) to hire (hire) an employee from the date specified in the contract by agreement of the parties.
The contract provides: volumes of the offered work and requirements to quality and terms of its performance; the term of the contract; rights, obligations and mutual responsibility of the parties; terms of payment and organization of work; grounds for termination and termination of the contract; social and other conditions necessary for the fulfillment of the obligations undertaken by the parties, taking into account the specifics of work, professional characteristics and financial capabilities of the enterprise, institution, organization or employer.