scholarly journals Problems of Cancellation of an Employment Contract

2021 ◽  
Vol 16 (4) ◽  
pp. 101-119
Author(s):  
S. V. Kichigin
Keyword(s):  
Russian Federation ◽  
Social Insurance ◽  
Soviet Period ◽  
Practical Implementation ◽  
Federal Law ◽  
Employment Contracts ◽  
Employment Contract ◽  
Start Date ◽  
The Russian Federation ◽  
Teleological Interpretation

The emergence of the concept of cancellation of employment contract in the Labor Code of the Russian Federation followed the development of this concept in the science of labor law in the Soviet period of our history. It was at that time when essential differences were identified between termination of employment contract after the start date and cancellation of employment contract before its practical implementation. The legislator twice adjusted the regulations on cancellation: legal and technical shortcomings were eliminated; the real will of the legislator was clarified. However, even now there is an urgent need to develop Art. 61 of the Labor Code of the Russian Federation. In addition, based on the study of the work of personnel services, judicial practice, scientific literature, teleological interpretation of the studied norms of law, this work provides an answer to a number of previously unconsidered issues, the resolution of which is the subject of discussion. In particular, the following issues were investigated: (1) the issues of the validity of the extension of the rules on cancellation to all cases of concluding employment contracts; (2) problems of normative regulation of provision for compulsory social insurance in the event of an insured event; (3) the documentary registration and procedure for the employer in the process of canceling the employment contract; (4) the consequences of the cancellation of the employment contract in the event of a lawful and unlawful denial of an employee to work; (5) the consequences of the employer’s refusal to cancel the employment contract with the employee. Based on the results of the study and systematization of approaches to understanding the procedure for canceling an employment contract, the author presents his own version of the interpretation of controversial provisions. The author proposes a way to overcome the contradictions between the norms of the analyzed article of the Labor Code of the Russian Federation and the norms of the Federal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance ... " by adjusting the provisions of the Labor Code of the Russian Federation, which regulate the procedure for canceling an employment contract.

scholarly journals Aggravating circumstances

2019 ◽  
Vol 13 (2) ◽  
pp. 153-161
Author(s):  
A. P. Kuznetsov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Soviet Period ◽  
Practical Implementation ◽  
Special Part ◽  
The Russian Federation ◽  
The Law ◽  
Preventive Role

In the article on the basis of the latest amendments made to the Criminal Code of the Russian Federation circumstances aggravating the punishment are investigated, attention is drawn to some controversial legal and technical decisions in their formulation. The criminal law on the strength of influence of certain circumstances on the chosen punishment is clearly not enough, which does not contribute to enhancing the preventive role of the law, the elimination of subjectivism and discord in practice. Most scientists and practitioners support the idea of specifying, emphasizing that it will be easier to apply the law, circumstances of the case will be visibly linked to the chosen measure of criminal law impact, the importance of references in sentences to data on the case will increase, the preventive role of criminal law will increase, the prerequisites for a uniform understanding will be strengthened and application of the Criminal Code. It was not by chance that in the Soviet period of development of the science of criminal law, a tendency emerged to single out: a) main and b) other mitigating and aggravating circumstances. Consequently it is necessary to take into account the whole range of issues relating to the practical implementation of the idea of legislative specification of the strength of influence of individual circumstances: the circle of circumstances, which it may concern; the extent to which such circumstances influence the punishment (including the expediency of specifying in the law how much the punishment increases or decreases, or what is the upper or lower new limit within which the court selects the punishment taking into account the “main” circumstance). According to Part 2 of Art. 63 of the Criminal Code of the Russian Federation if the aggravating circumstances are provided for by the relevant article of the Special Part as a sign of a crime, it in itself cannot be re-taken into account when imposing a punishment. In the criminal law doctrine an exhaustive (closed) list of aggravating circumstances has not been approved by scientists, who believe that this method does not take into account changes in the sphere of public life to a certain extent.

The concept and legal nature of digital maturity

2021 ◽  
pp. 107
Author(s):  
Tatiana A. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Practical Implementation ◽  
Federal Law ◽  
Legal Nature ◽  
Development Direction ◽  
The Russian Federation ◽  
The Government ◽  
Transformation Processes

The article examines the legal nature of the institute of digital maturity. Being considered the legal grounds for the introduction and use of digital maturity indicators as part of digital transformation processes. The authors analyze the definitions of digital maturity given in the current legislation and scientific literature and outline the indicators of digital maturity. Based on the analysis of legal regulation and the legal nature of the digital maturity concept, the authors define it as the result (level) of the development of a particular subject, object, institution or development direction as part of the digital transformation implementation. This result is characterized by a certain general and special set of indicators (indicators). The article proposes to formalize this definition as part of a federal law or a decree of the Government of the Russian Federation. The analysis of the legal regulation of relations connected with the digital maturity provision indicates a clear lack of methodological support for these processes, the lack of a unified approach to understanding what digital maturity is, and what general and special indicators and criteria for their assessment should be used. The article concludes that, based on the existing legislation, it is often difficult to understand what requirements exist for a certain actor to ensure the digital maturity and how it is to be achieved. The future development of the concept of digital maturity will largely be based on the practical implementation of legally fixed models. In this regard, the authors believe that an instrumental means is carrying out the experiments on the official implementation of these indicators at the level of individual subjects, thus testing it and identifying a promising model for the digital maturity development. In the current situation, there exists a need for the development of the institute by assessing the practical implementation of digital maturity as part of digital transformation processes both at the federal and regional levels in the Russian Federation.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals To the question on the need for expansion of administrative legal regulation of family relations

2020 ◽  
pp. 1-9
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Federal Law ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
Legal Methodology

The object of this research is the questions of ensuring protection of persons from domestic violence in the Russian Federation. The subject of this research is the administrative legal relations associated with legislative establishment and practical implementation of the necessary means for prevention domestic violence. The author explores a number of other relevant steps towards expansion of administrative legal regulation in the Russian family relations, which pursue the goal of establishing administrative legal guarantees in the Russian Federation from unjustified intrusion into the family’s affairs. The application of formal-legal methodology based on the analysis of legal categories and constructs allowed determining the role and significance of administrative legal means for prevention of domestic violence proposed in legislative projects. The importance and novelty of the conducted research consists in comprehensive assessment of the provisions of the Federal Law Project “On Prevention of Domestic Violence in the Russian Federation” and introduced recommendations on its improvement. The relevance is defined by the fact that the problem of “domestic violence” has not previously been an object of due attention on behalf of the government.

Conclusion of a Fixed-Term Employment Contract: Theoretical and Practical Problems

2020 ◽  
Vol 9 ◽  
pp. 49-56
Author(s):  
E. A. Ershova ◽  
Keyword(s):  
Russian Federation ◽  
Employment Contracts ◽  
Employment Contract ◽  
Russian Scientific ◽  
The Russian Federation ◽  
Federal Laws

In the article theoretical and practical problems of the conclusion of the fixed-term employment contract are researched, and also the legislation and positions of the Soviet and Russian scientific workers are analyzed. The conclusion is made: fixed-term employment contracts may be concluded only in cases stipulated by federal laws adopted in accordance with Article 55 of the Constitution of the Russian Federation, and not by «agreement» of the parties to the employment contract.

THE MECHANISM FOR CALCULATION OF PAYMENT FOR EMPLOYMENT CONTRACT TERMINATION AN THE INITIATIVE OF THE EMPLOYEE – A PROFESSIONAL ATHLETE

2021 ◽  
pp. 185-192
Author(s):  
Elena M. Ofman ◽  
◽  
Michail S. Sagandykov ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Soccer Players ◽  
Employment Contracts ◽  
Employment Contract ◽  
Professional Soccer ◽  
Labor Legislation ◽  
Russian Federa Tion ◽  
Logical Content ◽  
The Russian Federation

To study the issue of establishing a mechanism for calculating the amount of payment in the event of termination of an employment contract at the initiative of an athlete (at his own discretion). Study and logical-content analysis of legislative acts and court decisions on disputes on termination of employment contract at the initiative of a professional sportsman (at his own will); synthesis of concepts and theoretical provisions; generalization of experi-ence of foreign countries. As a results. The analysis of materials of international, foreign and domestic court prac-tice in cases of termination of employment contracts by professional soccer players at their own will allowed to establish the imperfection of the labor legislation of the Russian Federa-tion in terms of the absence of borders and criteria for establishing the amount of compensa-tion to be paid by the employee in the event of termination of the employment contract at his own will, and also allowed to determine the mechanism for calculating the amount of the said payment. It seems that it is correct from the point of view of protecting the rights and interests of professional soccer players' employees and employers-football clubs to establish at the level of the labor legislation a mechanism for calculating the amount of compensation payable in the event of termination of the employment contract at the initiative of the sportsman (at his own will). The amount of this amount should include payments similar to those included in the amount of compensation for training at the transition of a professional soccer club from one professional soccer club to another. In case of conclusion of a fixed-term employment contract with an athlete, the "price of the rupture" of the employment contract at the initiative of the employee should be the amount of his unearned wages and other agreed payments (by analogy with Art. 249 of the Labor Code of the Russian Federation). If an employment contract was concluded as an open-ended one, the amount of compensation to be paid should be a multiple (perhaps three times, by analogy with Art. 181 of the Labor Code of the Russian Federation) the amount of wages of such employee.

Temporary remote work is legalized: note to the accountant of the medical institution

2021 ◽  
pp. 63-70
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Russian Federation ◽  
Medical Institution ◽  
Labor Rights ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
The Russian Federation ◽  
First Time

The Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the Regulation of Remote (Remote) Work and Temporary Transfer of an Employee to remote (remote) work on the initiative of the employer in Exceptional Cases” of 08.12.2020 № 407-FZ, which entered into force on January 01, 2021, for the first time regulated the conditions under which the employer can use the model of temporary remote work in exceptional cases. The analysis of novels devoted to temporary remote work is carried out, the conditions established by the legislator that allow temporary remote work in exceptional cases are considered; the procedures for ensuring the rights of the parties to the employment contract and guarantees of the labor rights of employees.

Remote work has changed the format: note to the accountant of the medical institution

2021 ◽  
pp. 55-62
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Institution ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Russian Federation

The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.

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