scholarly journals Secondment of the Employees' Labor (Personnel's s Labor) as an Atypical Form of Employment

Lex Russica ◽  
2019 ◽  
pp. 63-73 ◽  
Author(s):  
N. V. Chernykh
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Atypical Form ◽  
Financial Responsibility ◽  
Collective Rights ◽  
Employment Agency ◽  
The Status ◽  
The Russian Federation ◽  
Atypical Employment ◽  
Traditional Approaches

The article considers legal relations arising between the employee, the primary employer and the seconding employer when a secondment agreement is made to provide staff (personnel) and when the employment contract is made between the employee and the seconding employer represented by a private employment agency. It is noted that secondment of staff (personnel) is one of the legalized forms of atypical employment in the Russian Federation, the author considers peculiarities of such relations. The author discusses the problem of “precarization” of employees’ labor temporarily sent to the secondment employer, considers the mechanisms of protection of workers from deterioration of their legal status and determines inefficiency of such mechanisms. The paper considers the issues related to 1) modification of traditional approaches to regulation of labor relations with employees temporarily sent to another entity performing the functions of the employer; 2) the problems of implementation of collective rights of workers; 3) the refusal to use traditional mechanisms of bringing employees to disciplinary and financial responsibility; and 4) the “splitting” of the status of the employer between the primary employer and the seconding employer.

scholarly journals Regulation of the private employment agencies’ status as participants in relations in the field of non-standard forms of employment

Legal Ukraine ◽  
2019 ◽  
pp. 40-46
Author(s):  
Mytrytska Hanna
Keyword(s):  
Informal Economy ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Traditional Concept ◽  
Atypical Form ◽  
The World ◽  
The Status ◽  
Private Employment ◽  
Employment Agencies

The article is devoted to the study of the legal status of private employment agencies. International and European standards in the regulation of private employment agencies are analyzed. The status of private employment agencies in foreign countries as bodies that promote and secure employment of the population has been investigated. Mainly hermeneutic, statistical and functional research methods have been applied. the etiology of the emergence and revision of the traditional concept of labor relations during the collapse of the Soviet system and the beginning of the formation of market relations in the 1990s is investigated. It is established that during the first post-Soviet decade old legal norms of doing business remained; the informal economy flourished in real labor relations; the question of liberalization of labor law was raised at the beginning of the third millennium. In the economic situation, there is a growing demand for loan work. As a rule, such services are provided by representatives of multinational companies, national companies with complex organizational structure and well-established budgeting system, companies undergoing reorganization. According to expert estimates, about 100,000 people are currently employed in loan work in Ukraine, and in view of the new tax rules, this figure is expected to increase by at least half. At the same time, it is concluded that in addition to classical employment in modern Europe and in the world as a whole, there are other forms of employment, in particular its atypical form - borrowed labor (loan). Given the growing role of private employment agencies in the world, including in addressing unemployment, it is necessary to regulate much of the important conditions of borrowing that have been left out of Ukrainian law, which could adversely affect the level of protection of the rights and legitimate interests of workers. The conclusion is made about the expediency of improving the legal regulation of the status of private employment agencies and relations in the sphere of employment and in the national labor legislation of Ukraine.

The problems of representation of an employer — individual

2020 ◽  
pp. 12-18
Author(s):  
I. Prasolova ◽  
D. Statsenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Labor Relations ◽  
The Status ◽  
The Russian Federation ◽  
Labour Legislation

Currently, labor relations with the participation of employers — individuals are widespread. In this regard, the legal status of such an employer and the possibilities of representation in labor relations with his participation are of particular interest. In the article, the authors analyze some questions of representation of the employer — an individual, both having the status of an individual entrepreneur and without it; problematic aspects of the termination of labor relations with the participation of an employer — an individual entrepreneur in the event of his death. Ways have been proposed to improve the labour legislation of the Russian Federation in order to more fully regulate the legal status of the employer — an individual, as well as the direction of the development of law enforcement practice.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

scholarly journals LEGAL STATUS OF EMPLOYEES OF THE CRIMINAL EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (2(52)) ◽  
pp. 113-116
Author(s):  
Natalia Evgenievna Kuznetsova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Penal System ◽  
The Status ◽  
The Russian Federation ◽  
Executive System

The purpose of the study is devoted to the actual problems of the status of employees of the penal system. The paper identifies the problems of determining the status of employees of the penal system, and also suggests some methods and mechanisms for solving these problems.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

scholarly journals Some aspects of the constitutional and legal status of the institution of the commissioner for the protection of the rights of entrepreneurs in Russia

2021 ◽  
pp. 230-235
Author(s):  
V. A. Fadeeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Business Community ◽  
Annual Reports ◽  
The Status ◽  
The Russian Federation

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.

scholarly journals FEATURES OF THE LEGAL STATUS OF MINOR PARENTS

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 53-57
Author(s):  
A.I. Mamoshin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Scientific Article ◽  
Knowledge Analysis ◽  
Legal Situation ◽  
The Family ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Russian Federation ◽  
Comprehensive Study

Background. The purpose of this scientific article is a comprehensive study of some peculiarities of the legal situation of minor parents under the family legislation of the Russian Federation. Methods of scientific research have drawn up general-theoretic methods of knowledge: analysis and synthesis, derivation and induction, as well as a method of prediction. Private-legal methods include formal-logical and legaldogmatic methods. The results of scientific knowledge are that the author analysed the peculiarities of the legal status of minor parents and identified some gaps in the current legislation concerning the implementation of the rights and obligations of minor parents Conclusions. Summing up the work, we concluded that it is necessary to make some changes to the current legislation and recognize the status of minor parents as a significant basis for recognizing minor citizens as fully capable.

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