scholarly journals State social policy of the Russian Federation in the context of studying the activities of regional tripartite commissions on the regulation of social and labor relations.

Author(s):  
Galina Vladimirovna Surkova ◽  
Author(s):  
Yuliya Chernenilova

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.


2015 ◽  
Author(s):  
Tatyana Mikhailovna Maleva ◽  
Elena M. Avraamova ◽  
E. Gurvich ◽  
Natalya Vasil'evna Zubarevich ◽  
Aleksandra Grigor'evna Polyakova

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.


Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.


2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation


2021 ◽  
Vol 7 (3B) ◽  
pp. 604-620
Author(s):  
Dina Viktorovna Alontseva ◽  
Irina Aleksandrovna Zaitseva ◽  
Alexander Yevgenyevich Krikunov ◽  
Olga Anatolyevna Lavrishcheva ◽  
Sergey Sergeevich Fomenko

In this article, the authors conducted a comprehensive study of the main directions of the modern social policy of the Russian Federation in relation to low-income citizens living alone and low-income families. Namely, based on the analysis of doctrinal sources, the provisions of international acts and the norms of the current Russian legislation: we formulated the definition of the concept of "poor"; justified the opinion that it is necessary to use a set of objective indicators and indicators to determine a decent standard of living. The identified problems and the proposed system of scientific views significantly expand the previously obtained theoretical teachings on the types and forms of state social support and protection of low-income families and low-income citizens living alone, considering the realities of modern politics and trends in the development of the Russian Federation.


2020 ◽  
pp. 26-40
Author(s):  
G. Skachkova

The article deals with issues related to changes in the fixing of labor relations of citizens working under an employment contract in the conditions of the Fourth industrial revolution, characterized by the connection of the material world with the virtual one. But first, the process of «introducing» documents containing basic information about an employee into labor relations, which led to the appearance of the work book in its modern sense, is described in the historical aspect. Then it is shown what changes have occurred recently in the labor legislation of the Russian Federation regarding labor books with the advent of information technologies that record information about the labor activity of employees.


2021 ◽  
Vol 65 (2) ◽  
pp. 117-124
Author(s):  
A. Fedchenko ◽  
E. Dashkova ◽  
N. Dorokhova

Profound changes in the social and labor sphere are followed by both emergence of the new opportunities associated with the development of flexible forms of employment, expansion of opportunities for employment, humanization and digitization of work, and the emergence of new threats: the occurrence of such phenomena as employment preсarization, growth of the informal components in the labor relations, distribution of practice of bringing the labor relations to the civil legal area, and so on. As a result, controversies between the main participants of the social and labor relations grow. An effective and worldwide recognized mechanism of resolving them is the social partnership which has the deep historical roots going back to outstanding thinkers of antiquity. During later historical periods the ideas of social partnership gained development in the works of domestic and foreign scientists, public and statesmen. In the Russian Federation social partnership has the specific trajectory of development which has developed under the influence of both historical and modern factors. The carried-out analysis allowed to reveal the following problems of formation and development of the social partnership system in the Russian Federation: sociocultural features, weakness of the trade-union movement, development of non-standard forms of employment, differentiation of the income of the population, low interest of the government. The designated problems which are slowing down the process of transition of the social and labor relations to partner type are manifested both on federal, and on regional levels. To research the extent of development of collective contract regulation and identification of the problems which take place in the system of social partnership at the local level sociological survey of workers of a number of the Russian organizations was performed. As a result, it was found that collective contract regulation of the social and labor relations in the Russian Federation at the local level demands improvement. The main problems of system of social partnership at the local level are: weak knowledge of trade-union members concerning the activity of those organizations, especially at the sectoral, regional, and territorial levels; unwillingness to resolve the issues of social and labor regulation at the organizational level without governmental support and lack of the developed practice of conducting collective negotiations; passivity and weak motivation of trade-union members in protection of their labor rights; weak feasibility of practical implementation of the collective agreement provisions. The results of the theoretical and empirical researches allow to predict the trajectory of further development of social partnership consisting in strengthening of the social component due to the extension of the database concerning the problems of the social partners.


Author(s):  
Alexandra Borimecicova

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.


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