Trends in the legal labour reform policy in the Kyrgyz Republic

The article is concerned with the analysis of the transformations in the labour market taking place in the Kyrgyz Republic (KR), which cause a great resonance in society, but continue to remain unexplored in the legal literature. Consequently, the purpose of the article is to identify the general trend in the legal labour reform policy and to determine the main directions of legal policy to improve the mechanism of legal regulation of labor. In the article, the objectives of classifying the main periods of the implementation of labor reforms (begun in 2005) are solved, analysis and assessment of the means of implementing reforms in terms of their compliance with national and international labor standards are carried out based on dialectical and logical methods, as well as the use of the systemic method. The article reveals serious inconsistencies between the deregulation policy and prohibitions in the labour market with the ILO Conventions No. 81, 87, 150, 155, which were ratified by the Kyrgyz Republic (except for the ILO Convention No. 155). In particular, the negative consequences of the deregulation policy for the field of labor safety and protection were noted, especially in the context of the onset of the COVID-19 coronavirus. Based on the analysis of the problems of the labor regulation reform policy, it is concluded that it is necessary to develop a unified state program for the development of the labour market, containing a system of strategic priorities, conceptual ideas, goals and measures that determine the prospects for improving the labor legislation of the Kyrgyz Republic on the basis of intensifying the processes of monitoring labor legislation and the practice of its enforcement in the Kyrgyz Republic. The provisions and conclusions of this article are of practical importance for the executive authorities implementing state policy in the field of labor.

Introduction
The policy for the implementation of the reforms in the field of labor regulation in the last decade and a half is characterized by the instability of the state approach to the administration of labor issues, there is a clear tendency towards state non-interference in entrepreneurial activity, associated with both budget savings and the idea of the need to provide maximum economic freedom to entrepreneurs through the rights of the working population. This concept in the legal policy of the labour market is being actively pursued by some executive authorities (most often by the Ministry of Economy of the Kyrgyz Republic) and is aimed at limiting state regulation in the labour market and significantly reducing the legal guarantees of workers. Despite the increased social significance of the issues of legal labour reform policy, they remain practically unexplored. Therefore, there is an urgent need to analyze the ongoing transformations from the standpoint of establishing the main legal means of reforming the world of work, in clear assessments of the state of legal policy in this area from the point of view of compliance with the labor legislation of the Kyrgyz Republic and international labor standards.

Methods
The work examines the main periods of implementation of reforms in the labor market, which predetermines the use of the dialectical method as the main one, since the ratio of opposing trends in the policy of reforming the labor regulation sphere (marginal liberalization and state participation in labor regulation), as well as logical and systemic methods in establishing legal the content of the means of reform in relation to national and international labor standards.

Results
In the legal sphere, including in the sphere of labor law, the concept of reform [1] has become quite widespread, although it remains insufficiently defined and is not unambiguously stipulated in the legal categorical apparatus. In the literature, the general context of the relationship of this concept with legal policy is determined by the fact that "legal reform is an integral component (form of manifestation or means) of state legal policy" [2]. At the same time, the changes in the content of legal regulation in the labor sphere also represent one of the types of legal reforms [3]. Moreover, an analysis of the legislative process of recent years and normative documents on labour reform policy [4][5], adopted with the active lobbying of a non-core agency for this sphere -the Ministry of Economy of the Kyrgyz Republic -made it possible to identify a general trend related to the fact that the reform in the field of regulation of labor and relations directly related to them is carried out by means and methods that are not adequate to the goals and objectives of labor legislation or focused on the deregulation of the world of work.

Discussion
Deregulation policy that has emerged since the early 2000s and then justified itself by the cancellation of outdated acts of the former USSR (see paragraph 3  It should be noted that the deregulation policy excludes legal means from among the most effective tools to combat the spread of coronavirus infection COVID-19, does not allow effectively using international legal norms to counter this pandemic [7,8]. A similar problem is observed in the system of occupational safety and health standards because a set of specific technical regulations in the field of labor protection (SNiP codes and regulations, SanPiN sanitary norms and rules and other standards) operated in the country on the basis of the regulations approved in the USSR. The current situation in the implementation of the deregulation policy in the field of labor protection does not comply with the norms (Part 1 of Article 4) of the ILO Convention No. 155 [9,10], according to which the most representative organizations of employers and workers develop, implement and periodically revise an agreed national policy in the field of occupational safety, occupational health and the working environment.
The policy of dissemination of prohibitions and procedural restrictions in the labor market is associated with the adoption of the Law of the Kyrgyz Republic of May 25, 2007, No. 72 "On the procedure for conducting inspections of business entities", the implementation of which in the labor market is achieved through a variety of subordinate, mainly departmental (adopted by the Ministry of Economy of the Kyrgyz Republic) [11] regulations. These prohibitions and procedural restrictions apply to the scope of labor inspections and clearly contradict the requirements of the ILO Convention No. 81 [12], ratified by the Kyrgyz Republic, which establishes the right of the labor inspector to carry out any inspections without prior notice (Part 1 of Article 12). A kind of logical continuation of the policy of prohibitions in the labor sphere was the adoption by the Government of the Kyrgyz Republic of Resolution No. 586 of December 17, 2018 "On the introduction of a temporary ban (moratorium) on inspections of business entities", which introduced a temporary ban (moratorium) from January 1, 2019 to January 1, 2021 (extended and further) for inspections of business entities conducted by authorized bodies entitled to conduct inspections of business entities, including labor inspections. This prohibition also comes into clear conflict with international labor standards [13].
The attempts to establish a trade union monopoly are related to the draft of the new Law of the Kyrgyz Republic "On Trade Unions of the Kyrgyz Republic", which passed the second readings in the Jogorku Kenesh (Supreme Council) of the Kyrgyz Republic. Most of the norms of the above draft law on trade unions are based on the methods of legally imposed trade union monopoly, which clearly contradicts the principle of freedom of association stipulated by international labor standards [14] and the labor legislation of the Kyrgyz Republic. Moreover, as recent studies conducted by ILO experts show [15], trade union monopoly does not allow reforming the system of trade unions that is adequate to modern challenges in the context of globalization.

Conclusion
The study of the issues of the labour reform policy regulation makes it possible to note that the content of this policy is mainly influenced by considerations of economic liberalization, rather than considerations of social and labor rights of workers protection or establishing an optimal balance of interests of the parties to labor relations (Article 1 of the Labor Code of the Kyrgyz Republic). The potential for the effectiveness of coordinated interaction of social partners in the implementation of labor policy is largely not used, due to non-compliance with the requirements of labor legislation and international labor standards, or is still not fully used. Therefore, the problem of stable and effective participation of social partnership organizations in the development and implementation of legal policy in the world of labor is especially urgent. In terms of the considered problems of the policy of reforming the labor regulation sphere, it is necessary to note an urgent need to develop a unified state program for the development of the labor sphere, containing a system of strategic priorities, conceptual ideas, goals and measures that determine the prospects for improving labor legislation on the basis of intensifying the processes of its monitoring and practice of law enforcement in the Kyrgyz Republic.
The study was supported by a grant from the Russian Science Foundation (project No. 19-18-00517).


extfieldsofstudy: Physics Business

text:
Effect of smart environmental elements on occupancy rates of subsidy housing in North Balikpapan District

In line with the decline of mining and oil business since 2015, the purchasing power of the middle and upper class houses of Balikpapan City residents has also decreased. Property developers change strategy by developing low-cost and subsidies housing. However, often the end result of the construction of cheap housing is still not built environmentally. It is very important to consider environmentally friendly housing. Many of these subsidy housing developments are built in North Balikpapan District. Based om the existence of subsidy housing in Balikpapan Utara that is already built and inhabited, it is necessary to identify the influence of smart environment elements on the occupancy rates of existing subsidy housing in order to improve environmental quality. The analysis of the occupancy rate of subsidy houses based on smart environmental elements is carried out through a linear regression model. The results of the analysis show that there are only 2 significant variables, distance of arterial roads and the affordability of religious facilities. If the affordability of arterial roads increases by one unit, then the number of houses occupied will increase by 15%. If the affordability of religious facilities increases, the number of houses occupied will increase by 74%.

Introduction
Housing is one of the basic human needs as an asset for business development and increasing economic value. The limited purchasing power of people who are classified as low-income people prefer to fulfil their housing needs independently and build more on illegal land nearest the city centre and their workplace [1]. Housing problems are not only limited to the physical feasibility of a house, but also environmental problems such as pollution, pollution, location of settlements, and natural disasters [2].
Other factors that can determine the selling price of a house to be purchased by the community are based on the benefits and value obtained, such as land area, building area, house facilities, accessibility to the city centre, and etc [3]. Housing needs are fully determined by the market mechanism with profit oriented behaviour by the private housing sector, then the house price will be higher [2] Therefore, the government must to provide the basic needs of the community, namely houses, especially for Low-Income Communities and Middle Economic Communities or also known as subsidized housing [3].
The increasing number of residents of Balikpapan, both natives and immigrants, causes natural population growth to increase housing needs [4]. According to data from the Central Statistics Agency (BPS) of Balikpapan [5], the population of Balikpapan City in 2017 was 636,012 people with a density level of 1,251 people/km 2 and it is projected that in the next 10 years this number will increase by 50% of that number. In addition, along with the decline in the mining and oil business since 2015, the purchasing power of the middle and upper class houses of Balikpapan City residents has also decreased. Because of that, property developers change strategies by developing cheap houses and subsidies. However, often the end result of the construction of cheap housing or subsidies is still not environmentally. In implementing sustainable housing development, it is very important to consider environmentally friendly housing. The concept of implementing environmentally development is ecological preservation, green technology, and overcoming environmental pollution [6]. In the Regional Regulation (Perda) of Balikpapan Number 12 of 2012 [7] concerning the Regional Spatial Plan (RTRW) of Balikpapan 20122032, it is stated that the strategy for developing productive and environmentally friendly cultivation areas is one of which is to develop residential areas with a balanced residential concept and affordable to service centres. One of the strategies to strengthen the function of these service centres is to develop sub-centres for urban services in undeveloped areas.
The construction of subsidized housing is mostly carried out in North Balikpapan District in accordance with existing policies and is used by the government and the private sector in realizing subsidized housing development projects for low-income housing. According to the Balikpapan City Housing and Settlement Service, 15 Low-Income Community (MBR) housing areas are located in the North Balikpapan District. Therefore, with the existence of subsidized housing in North Balikpapan District that is already built and occupied, it is necessary to identify the influence of smart environment elements and environmental factors on the occupancy rate of existing subsidized housing to be able to improve the quality of the environment.

Methodology
The existing subsidized housing population is 15 houses to be analysed. Researchers make the entire population of subsidized housing the object of research by taking samples of the existing inhabited houses. To analyse the influence of environmental factors on the occupancy rate of the community in subsidized housing in North Balikpapan District, multiple linear regression analysis tools will be used with the Statistic Program for Special Science (SPSS) software. In conducting multiple linear regression analysis, there are several steps that must be done, namely: Normality Test, Correlation Analysis, Classical Assumption Test, and Multiple Linear Regression Analysis.

Occupancy rates of subsidy housing
Through the results of the identification result, there are 15 subsidized housing scattered in North Balikpapan District (figure 2): The average percentage of subsidized housing that has been occupied is 40% (table 1). The housing at Villa Permata & Permata Firdaus has the largest percentage of houses occupied at 99%. Meanwhile, JSB Residence housing has the lowest percentage of houses that are inhabited, which is only 2%.

Characteristics of smart environment elements
3.2.1. Accessibility around housing. Accessibility around housing is the distance to the nearest road network and the closest distance to the availability of public transportation. The average distance required for subsidized housing in North Balikpapan to reach arterial roads is 1109 meters and local category roads is 233 meters. Furthermore, for public accessibility to public transportation services in the form of city transportation with route number 8 is 2078 meters.

Accessibility in housing.
It is necessary to identify accessibility in housing. This is related to the convenience of the community in housing to move from one place to another. Accessibility in housing is identified through the width of the road network and the pavement of the road network. The average width of the road network inside the subsidized housing area in North Balikpapan is 7 meters with the lowest road network width is 2.5 meters. As for the width of the road network inside the housing, the widest one is in JSB Residence with a size of 12 meters. The pavement network for each housing consists of 2 types of pavement (figure 3).

3.2.3.
Availability of drainage infrastructure. The drainage infrastructure is receiving run-off discharge and liquid waste. In this study, the availability of drainage infrastructure is identified through the shape, type and size of drainage. It can be seen that

Availability of clean water infrastructure.
The availability of clean water infrastructure is identified through clean water sources located in a housing and the capacity of clean water sources (figure 5). Only 3 of 15 houses can be served by the PDAM pipeline. The PDAM pipeline network as a whole area has been served but still requires an independent water storage in the form of a water reservoir with a capacity of 1200 L. Pesona Bukit Batuah housing is the only housing that applies the Water Treatment Plant. which has a capacity of 5500 L. Meanwhile, other housing suffices the existing needs of clean water by purchasing clean water and collecting rainwater both individually and communally.

Availability of sewage and waste management infrastructure. The availability of waste and solid waste infrastructure is identified through the availability of Wastewater Treatment Plants (IPAL) and
Temporary Shelters (TPS) located around the housing complex. There are no IPAL or TPS in the area around the housing. So that in carrying out liquid waste disposal activities, the community generally uses a drainage infrastructure. Meanwhile, in waste disposal activities, people burn the waste. As for other alternatives besides burning, waste disposal thrown away at the nearest TPS, this is at least 1.5 km away.

Availability of educational facilities.
The availability of the educational facilities studied was measured by the closest distance from housing to educational facilities for Kindergarten, Elementary School, Junior High School, and Senior High School. The average distance of subsidized housing to each level of education varies. As for the distance to Kindergarten is 1344 meters (figure 6), to Elementary School is 1365 meters and to Junior High School is 1848 meters and the distance to Senior High School is 3474 meters. As for educational facilities, none of them are in the residential area. The closest distance between housing and educational facilities is 360 meters for Elementary School facilities.

3.2.7.
Availability of health facilities. The availability of health facilities is identified through the affordability of housing to the posyandu and health centre facilities (puskesmas). As for other housing,

The influence of smart environment elements on occupancy rates
3.3.1 Classic assumption test. The classic assumption test aims to identify discrepancies in the data used for the study. The classical assumption test is used to determine the occurrence of normality, autocorrelation, multicollinearity, and heteroscedasticity. Based on classic assumption test, there were 6 variables that normally distributed and there were no autocorrelation, multicollinearuty, and heteroscedasticity.

Goodness test.
The analysis shows that the variation of the response variable data can only explain the data on the number of occupancy rates by 57% and the remaining 43% is explained by other variables outside of this research model.

F test or test simultaneously.
In the F test or test simultaneously, the output that needs to be considered is the F significance value. From the analysis, it is known that it has an F significance value of 0.03. The value is <0.05, so it can be said that the variable can simultaneously explain the number of houses inhabited in the observation area.

T test or partial test.
In the T test or partial test, the output that needs to be considered is the significance value of each variable. From the analysis, it is known that there are only 2 significant variables because they have a value <0.05. These variables are the arterial road affordability distance variable with a significance value of 0.04 and a variable for the affordability of religious facilities of 0.05. Based on the linear regression stage test that has been carried out, the regression modelling which is significant to the number of houses inhabited is as follows: Number of houses occupied = -202.24 + 0.15 (distance to arterial road) + 0.74 (affordability of religion facility) From the results of the spatial regression equation above, it can be explained as follow: 1) A constant of 202.24 means that if the reach of arterial roads and the affordability of religious facilities is 0, then 202 occupancy will be decreased.
2) The regression coefficient of the arterial road affordability variable is 0.15, which means that if the variable value for the affordability of religious facilities is fixed and the arterial road affordability increases by one unit, the number of occupancy houses will increase by 15%.
3) The regression coefficient of the variable facility affordability of worship is 0.74, which means that if the variable distance of arterial road affordability is fixed and the variable of the affordability of religious facilities has increased by one unit, the number of occupancy houses will increase by 74%

Conclusion
Smart environment elements have impact to increase the occupancy rates. The results of the analysis show that there are only 2 significant variables: distance to arterial roads and the affordability of religious facilities. If the affordability of arterial roads increases by one unit, then the number of houses occupied will increase by 15%. If the affordability of religious facilities increases, the number of houses occupied will increase by 74%. The analysis show that the variation of the response variable data can only explain the data on the number of occupancy rates by 57% and the remaining 43% is explained by other variables outside of this research model.