scholarly journals European Social Charter: basic guarantees of social and labor rights

2021 ◽  
Vol 16 (1) ◽  
pp. 15-24
Author(s):  
A. G. Radaev
Keyword(s):  
Russian Federation ◽  
Migrant Workers ◽  
Labor Rights ◽  
Social Rights ◽  
Legal Analysis ◽  
Economic Rights ◽  
Domestic Legislation ◽  
History Of ◽  
The Russian Federation ◽  
European Standards

This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

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 COMPARATIVE LEGAL ANALYSIS OF THE PROCEDURE FOR ESTABLISHING A COMPANY WITH A LIMITED LIABILITY UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 39-43
Author(s):  
O.A. Brauzman
Keyword(s):  
Federal Republic ◽  
Russian Federation ◽  
Limited Liability ◽  
Federal Republic Of Germany ◽  
Limited Liability Company ◽  
Legal Analysis ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
A Company

The article considers the possibility of borrowing the provisions of the legislation of the Federal Republic of Germany in relation to the institution of a limited liability company in the legislation of the Russian Federation. The author has considered all the legislatively established stages of the establishment of a company in comparison with domestic legislation and concluded that it is advisable to improve Russian legislation by borrowing the considered provisions on the establishment of a company under the laws of the Federal Republic of Germany.

Works Councils in Russia: Balance of Economic and Social Rights

10.12737/3466 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 95-104
Author(s):  
Никита Лютов ◽  
Nikita Lyutov
Keyword(s):  
Russian Federation ◽  
Good Faith ◽  
Social Rights ◽  
Industrial Democracy ◽  
Economic Rights ◽  
Works Councils ◽  
The Real ◽  
The Russian Federation ◽  
German System ◽  
Russian Law

The Labour Code of the Russian Federation was amended in 2013 in a way that a new body of workers’ representation — works councils — can be established. These amendments don’t add any new rights or obligations neither to employers nor to employees. They are made with purely political purposes and only imitate the creation of the analog of the well-known German system of works councils. The author comes to conclusion that currently existing rights in informing and “taking into account” the workers’ representative body opinion, contained in the Russian Labour Code, are not sufficient for existence of the real industrial democracy. The article is aimed at answering the question, whether an implementation of functioning works councils may be beneficial to the adequate balancing of social rights of workers and economic rights of the employers. Although the full transposition of the German works councils system seems to be impossible, some of its positive features may be effectively adopted in the Russian law. For example, the employer’s obligation to consult workers shouldn’t be dependent on the existence of the workers’ representative bodies. Besides, a range of issues that are subject to the mandatory informing of workers by the employer must be significantly broadened. The procedure of consultations must include the real negotiations between the employer and employees on the basis of good faith principle.

scholarly journals COMPARATIVE LEGAL ANALYSIS OF EXPERIMENTAL LEGISLATION IN THE RUSSIAN FEDERATION AND THE STATE OF ISRAEL

2021 ◽  
pp. 133-147
Author(s):  
И.Б. Чагин
Keyword(s):  
Empirical Study ◽  
Empirical Research ◽  
Russian Federation ◽  
Growth Dynamics ◽  
The State ◽  
Foreign Languages ◽  
Legal Analysis ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
State Of Israel

Аннотация. В статье на основе мультиметодологического подхода про- ведено обширное эмпирическое исследование динамики роста временного и экс- периментального законодательства, принятого Государственной Думой Фе- дерального Собрания Российской Федерации. На основании данных, полученных в результате эмпирического исследования произведено сравнение эксперимен- тального законодательства, принятого в Российской Федерации и государстве Израиль. Утверждается, что экспериментальное законодательство направ- лено на снятие неопределенности и формирование объема информации, необ- ходимого для принятия нормативных правовых актов постоянного действия. Установлено, что как в государстве Израиль, так и в Российской Федера- ции наблюдаются тенденции к увеличению количества временного и экспери- ментального законодательства, при этом рост временного и эксперимен- тального законодательства не может быть объяснен общим ростом законо- дательства. В источниковую базу исследования были привлечены положения действующего отечественного законодательства, а также доктринальные труды по тематике, включая иноязычные. Annotation. In the article, based on a multimethodological approach, an extensive empirical study of the growth dynamics of temporary and experimental legislation adopted by the State Duma of the Federal Assembly of the Russian Federation is carried out. Based on the data obtained as a result of empirical research, a comparison was made between the experimental legislation adopted in the Russian Federation and the State of Israel. It is argued that the experimental legislation is aimed at removing uncertainty and forming the amount of information necessary for the adoption of permanent normative legal acts. It has been established that both in the State of Israel and in the Russian Federation there are trends towards an increase in the number of temporary and experimental legislation, while the growth of temporary and experimental legislation cannot be explained by the general growth of legislation. The source base of the study was based on the provisions of the current domestic legislation, as well as doctrinal works on the topic, including foreign languages.

scholarly journals EFFECTIVENESS OF PROSECUTOR's SUPERVISION IN THE CRIMINAL PROCESS OF THE RUSSIAN FEDERATION: SOME PROBLEMS AND WAYS TO SOLVE THEM

2021 ◽  
Vol 31 (3) ◽  
pp. 432-438
Author(s):  
Ya.V. Zhdanova ◽  
I.N. Krapchatova
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
The Body ◽  
Theory And Practice ◽  
Criminal Case ◽  
Legal Analysis ◽  
History Of ◽  
The Russian Federation ◽  
Compliance With The Law

The authors of this study examined the effectiveness of prosecutor's supervision through the prism of the history of the formation and development of prosecutor's supervision in Russia. In the process of conducting a historical and modern comparative legal analysis of the provisions on prosecutor's supervision, some problems were identified and ways to solve them were proposed, taking into account the needs of the theory and practice of modern criminal procedure in the Russian Federation. The author substantiates the proposal to exclude the procedural management of the preliminary investigation in the form of an inquiry from the prosecutor's powers. A procedure for supervising the prosecution of investigators has been developed. It is proposed to establish a single prosecutor's supervision over the investigation of crimes by the bodies of inquiry and the bodies of preliminary investigation. In order to ensure the quality of the study of the criminal case to the Prosecutor with a guilty decision, justified the proposal on the possibility of extending familiarize the attorney with the criminal case materials to five days. Given that the Prosecutor is the body that oversees compliance with the law, suggested the need to introduce the norm which gives the Prosecutor the authority to review complaints against actions and decisions of bodies of inquiry and preliminary investigation.

scholarly journals To the 25th anniversary of the Constitution of the Russian Federation

2018 ◽  
Vol 8 (4) ◽  
pp. 1-3
Author(s):  
V.A. Pimonov
Keyword(s):  
Russian Federation ◽  
Popular Vote ◽  
Economic Rights ◽  
25Th Anniversary ◽  
Basic Law ◽  
Russian Constitution ◽  
History Of ◽  
The Russian Federation ◽  
The Individual ◽  
First Time

In December 2018, the country celebrates the 25th anniversary of the Russian Constitution. The current (fifth) Constitution of Russia was adopted for the first time in the history of Russian constitutionalism by popular vote. Now there are many critics of the current Basic law of Russia, claiming its illegitimacy (citing as evidence the argument that the Constitution did not vote for almost half of the population) and even the anti-people character, citing the fact that eliminated the system of Councils, including the Congress of people's deputies. At the same time, opponents do not take into account that they can now freely criticize the current Basic law of the state without fear of repression. The Constitution of the Russian Federation fixed an important norm according to which the person, his rights and freedoms are the highest value (Art. 2). Chapter 2 of the Basic law is devoted entirely to the personal, political, socio-economic rights and freedoms of the individual. One of the main advantages of the Constitution of the Russian Federation is that both advanced ideas of liberal social and legal philosophy and communitarianism are woven into its text.

scholarly journals Local self-government as a constitutional value: from the origins to the current state

2021 ◽  
Vol 2021 (4) ◽  
pp. 49-56
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Historical Period ◽  
Legal Analysis ◽  
Public Power ◽  
The Past ◽  
Current State ◽  
Russian State ◽  
History Of ◽  
The Russian Federation ◽  
Federal Laws

July 6, 2021 dates 30 years since the appearance of the first law on local self-government in the modern history of Russia. Over the past period, the Russian state and the Russian legal system have undergone a difficult path to modernization of the legislation on local self-government and its approbation to actual reality. During this historical period, Russian Federation adopted the Constitution, the text of which was significantly transformed in 2020; local self-government, in addition to the mentioned law of 1991, incorporated all the «joys and hardships» from the federal laws «On General Principles of the organization of Local Self-Government in the Russian Federation» of 1995 and 2003. This article presents a comparative legal analysis of certain provisions of federal laws on local selfgovernment, which have been regulating for 30 years at the level of the federal legislator the issues of local self-government in the Russian Federation as one of the fundamental constitutional values of modern democratic states. The author makes a disappointing conclusion that the named constitutional value has been significantly changed both in form and content over the past historical period of the development of the Russian statehood. This predetermined the situation of «crisis» of the current state of local self-government in the Russian Federation and the possibility of its «dissolution» with the emergence of a constitutional category «a unified system of public power».

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