Comparative analysis of legislation in the field of labor protection in Russia and China

2020 ◽  
Vol 17 (4) ◽  
pp. 583-590
Author(s):  
Zhongsheng Tan ◽  
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Social Insurance ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Rights ◽  
Labor Protection ◽  
Safety Level ◽  
Labor Legislation ◽  
The Russian Federation

Objective: Analysis of labor legislation on labor protection in the Russian Federation and the People’s Republic of China with the aim of constantly improving working conditions, ensuring safety and harmlessness of operations which are unsafe and harmful to health, mechanization and automation of heavy manual labor, as well as the implementation of safe and civilized production. Methods: An analysis of legislation on labor protection was applied in terms of employment, labor contracts, working hours and rest breaks, wages, labor protection, social insurance, vocational training, etc. Based on its results, negative and positive consequences of legislation on labor protection in China and Russia were identifi ed. Results: The constitutions and labor legislation of both countries contain the rights of workers to legal protection, including the right to work in conditions that meet safety requirements, there are standards for investigating accidents at work, and special attention is paid to the labor protection of women and children. It was revealed that in the Russian Federation, in contrast to China, a greater number of regulatory laws and regulations were developed, and special labor assessments were effectively regulated, therefore, the safety level in the Russian workplace is higher. Practical importance: In accordance with the legislation on labor protection, state bodies, economic departments, enterprises and their leaders at all levels must take various organizational and technical measures to create safe, hygienic and comfortable working conditions for workers which prevent and eliminate accidents, industrial poisoning and occupational diseases, protect the health and safety of workers, maintain and improve their long-term working capacity, avoid unnecessary losses of social labor and material benefi ts. Constantly improving labor legislation allows working safely and protects the legal rights of employees.

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

METHODOLOGY FOR ASSESSING THE SAFETY LEVEL OF UNDERGROUND MINING WORKSITES

2021 ◽  
Vol 4 (1) ◽  
pp. 193-203
Author(s):  
G.Z. Fainburg ◽  
◽  
M.Yu. Liskova ◽  
E.A. Rosenfeld ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Underground Mining ◽  
Workplace Safety ◽  
Safety Level ◽  
Occupational Risks ◽  
The Russian Federation ◽  
Degree Of Risk ◽  
Matrix Assessment ◽  
Safe Working

The article considers the current problems of assessing the technic and organiza-tional level of worksites of mining enterprises, necessary for the organizer of mining produc-tion to create safe working conditions when conducting underground mining. It is proposed to carry out such assessment by means of multiscaling and verbal-point ranking of evaluation factors by several gradations according to a set of workplace safety criteria, as well as identified hazards and the degree of risk of their impact on the worker's body. The proposed methods of this new procedure required by the Labor Code of the Russian Federation and the main methods of matrix assessment of occupational risks are shown.

Epidemiological, clinical, and expert problems of occupational infectious diseases of workers during medical care in the COVID-19 pandemic

2021 ◽  
Vol 61 (1) ◽  
pp. 4-12
Author(s):  
I. V. Bukhtiyarov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Working Environment ◽  
Insurance Fund ◽  
Social Insurance Fund ◽  
The Social ◽  
The Russian Federation ◽  
Special Assessment

Preserving the working population's health is a priority direction of state policy in labor relations, labor protection, and the provision of healthy and safe working conditions by the employer and the state, prevention of occupational diseases. The state's economic growth in a competitive era is mainly due to the level of health and working capacity of the population. This issue has acquired relevance in the COVID-19 pandemic for medical workers. Among these workers, the incidence of the new coronavirus infection COVID-19 is associated with professional duties and entails a high risk of morbidity and mortality. The paper presents the results of a special assessment of working conditions. The author studied the data on the presence of occupational diseases among medical workers in 2019 (according to the data of the Social Insurance Fund of the Russian Federation). On the example of 15 medical organizations of the Russian Federation, an analysis of the working environment factors was carried out. The distribution of occupational diseases was analyzed depending on the harmful factors of the working environment in 2019. Information is provided on the implementation in 2020 by the Social Insurance Fund of the Russian Federation of the Decree of the President of the Russian Federation dated 06.05.2020 No. 313 "On providing additional insurance guarantees to certain categories of medical workers" (as of 07.12.2020). Clinic of the Izmerov Research Institute of Occupational Health and the centers of occupational pathology of the constituent entities of the Russian Federation provided preliminary information on the examinations of professional suitability, studies of the connection of the disease with the profession (including among medical workers) in the Russian Federation in 2020.

ILLEGAL LAND TRANSACTIONS IN THE MOSCOW REGION: PROBLEMS OF LEGAL PROTECTION OF LAND RELATIONS

2019 ◽  
pp. 73-79
Author(s):  
A.A. Gostev
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Legal Rights ◽  
Sociological Study ◽  
Land Relations ◽  
The Russian Federation ◽  
Land Transactions

The article substantiates that crimes in the sphere of land transactions lead to violation of the legal rights and interests of owners and other owners of land, but in the practice of law enforcement agencies they are underestimated. On the basis of a specific sociological study, the determinants of registration of illegal transactions are determined; the legal regulations governing illegal transactions show the main inconsistencies of theory and practice, the contradictions of the provisions of the Civil, Land, Tax codes of the Russian Federation, as well as parts of Federal laws; the article substantiates the need to clarify the composition of Art. 170 of the criminal code; offers specific practical recommendations for optimizing the legal regulation of land relations in the Russian Federation.

scholarly journals THE MECHANISMS FOR EQUALIZING THE FINANCIAL CAPABILITIES OF THE REGIONS OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 229 (3) ◽  
pp. 233-244
Author(s):  
ALEXANDR I. OSHCHEPKOV ◽  
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Practical Importance ◽  
Personal Income ◽  
Personal Income Tax ◽  
Sociological Study ◽  
Income Per Capita ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Per Capita

The paper considers the differentiation of the budgets of the constituent entities of the Russian Federation by the level of own income per capita, its economic causes, as well as possible changes in the current rules for the distribution of tax revenues among the budgets of the budget system of the Russian Federation on the example of one tax — personal income tax. There is presented the reasoning of the relevant proposals on the basis of a sociological study conducted and changes in labor legislation, which came into force on January 1, 2021. The results of the work are of practical importance for the introduction into the budget legislation of the Russian Federation.

scholarly journals Abuse of Rights, Its Prevention and Suppression in Russian Criminal Process: Some Research Results

2018 ◽  
Vol 12 (6) ◽  
pp. 914-924
Author(s):  
Olga Andreeva ◽  
Viktor Grigoryev ◽  
Oleg Zaytsev ◽  
Tatiana Trubnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Large Scale ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation

The problem of abuse of rights in the criminal process is currently widely discussed by both researchers and practicing specialists. However, until today there has been no large-scale representative research of law enforcement practice or surveys of law enforcement employees focusing on this issue. The article analyzes some results of researching the practice of law enforcement. The study was conducted by the authors in 2016–2017 within the framework of the project «Abuse of Rights in the Criminal Process: Systemic and Non-Systemic Manifestations, their Prevention and Suppression». The authors studied archives of criminal cases, appeal and cassational proceedings, complaints filed under Art. 125 of the Criminal Procedure Code of the Russian Federation, complaints from the archive of the Constitutional Court of the Russian Federation, and published court judgments. The paper presents situations that were classified by law enforcers or could (according to expert evaluations) be classified as the abuse of rights by the criminal proceedings’ participants, the authors systematize the identified forms of the abuse of rights, evaluate the scale and character of these forms (systemic or non-systemic), determine causes and conditions that contributed to the emergence of some cases of the abuse of rights, describe measures of improving the criminal procedure legislation aimed at eliminating the causes of systemic abuse of rights, describe effective ways of preventing and suppressing some types of actual abusive behavior, argue that in some cases the abuse of legal rights is caused by the behavior of officials, and also that the state and law enforcers involved in a criminal case should show certain tolerance to the possible abuse of rights if it is not systemic in order to provide a maximally full legal protection of proceedings’ participants.

Current state and main directions of preservation and strengthening of health of the working population of Russia

2020 ◽  
pp. 527-532 ◽  
Author(s):  
I. V. Bukhtiyarov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Production Environment ◽  
Working Population ◽  
Industrial Enterprises ◽  
The Past ◽  
Production Factors ◽  
Current State ◽  
The Russian Federation

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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