scholarly journals SUBSIDIARY APPLICATION OF LEGAL NORMS: CIVIL STUDIES

2021 ◽  
pp. 44-52
Author(s):  
Надежда Николаевна Тарусина
Keyword(s):  
Conflict Resolution ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
The Other ◽  
Legal Norms ◽  
Social Principle ◽  
Judicial Lawmaking ◽  
Systemic Nature

Субсидиарное применение правовых норм является одной из технологий усмотренческой деятельности суда и других компетентных субъектов - наряду с конкретизацией норм и правоотношений, аналогией права и закона, разрешением коллизии и судебным правотворчеством. В отличие от аналогии, необходимость в которой возникает в связи с пробелом в законодательстве, означенный вид деятельности обусловлен системным характером связей между отраслями права и целесообразностью экономии нормативно-правового материала. В пространстве цивилистики взаимодействие трех отраслей (гражданского, семейного и трудового права) по линии субсидиарности осуществляется в основном с акцентом на использование гражданско-правовых конструкций для двух других цивилистических блоков. Это обусловлено как характером «генетических» связей между указанными тремя отраслями законодательства, так и ключевыми позициями гражданского права в цивилистической семье в настоящее время. Однако субсидиарное воздействие последнего существенно ограничивается онтологическими характеристиками семейных и трудовых отношений и присутствием в методах их правового регулирования ярко выраженной публичной компоненты, социального начала. Приводятся наиболее яркие образцы взаимного обогащения нормативным материалом на основе технологии субсидиарности - при очевидном доминировании предложений со стороны гражданского законодательства Subsidiary application of legal norms is one of the technologies of the judgmental activity of the court and other competent subjects - along with the specification of norms and legal relations, the analogy of law and law, conflict resolution and judicial lawmaking. In contrast to the analogy, the need for which arises in connection with a gap in legislation, this type of activity is due to the systemic nature of the links between branches of law and the expediency of saving regulatory material. In contrast to the analogy, the need for which arises in connection with a gap in legislation, this type of activity is due to the systemic nature of the links between branches of law and the expediency of saving regulatory material. In the space of civil law, the interaction of three branches (civil, family and labor law) along the line of subsidiarity is carried out mainly with an emphasis on the use of civil law structures for the other two civil law blocks. This is due to both the nature of the «genetic» links between these three branches of legislation, and the key positions of civil law in the civil law family at the present time. However, the subsidiary impact of the latter is significantly limited by the ontological characteristics of family and labor relations and the presence in the methods of their legal regulation of a pronounced public component, social principle. The most striking examples of mutual enrichment with normative material based on the technology of subsidiarity are given - with the obvious dominance of proposals from civil legislation.

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.

scholarly journals GENERAL PRINCIPLES OF UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RELATIONS OF WATER TRANSPORT EMPLOYEES

2020 ◽  
Vol 1 (9) ◽  
pp. 58-63
Author(s):  
Nataliia Orlova ◽  
Keyword(s):  
Water Transport ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Negative Consequences ◽  
Protective Function ◽  
Legal Norms ◽  
Job Functions ◽  
Article 9

The article is devoted to the study of of general principles of unity and differentiation of legal regulation of labor relations of water transport employees. It is noted that the goal of differentiation of legal regulation of work on water transport is the ensuring equality of labor rights of employees and effective regulation of labor relations by defining and enshrining of the features and differences that are inherent in this type of labor relations and this category of employees in legal norms. It is proposed to understand the differentiation of legal regulation of labor relations on water transport as the division of norms determined by law that establishes due to objective features of labor and subjective characteristics of employees real differences in legal regulation of labor relations to ensure the principle of equality of labor rights and improving of the efficiency of labor relations regulation. It is also noted that the differentiation of legal regulation of labor relations on water transport is characterized by protective and compensatory functions: the protective function is intended to ensure the protection of the rights and interests of those employees who are unable to fully perform their job functions and are limited in their capabilities, the compensatory function is provided for compensation of negative consequences of work in dangerous and difficult conditions. The opinion is defended that differentiation on water transport can be carried out by using the following types of legal norms: 1) norms-additions; 2) norms-withdrawal; 3) norms-adaptations; 4) alternative norms. It is concluded that the application of these norms helps to eliminate contradictions in the legal regulation of the process of work on water transport and to establish additional guarantees and benefits for water transport employees. It is fixed that the limits of differentiation of legal regulation on water transport can be determined by the provisions of Article 9 of the Labor Code of Ukraine, by the principles of labor law and are due to the functions of labor law.

scholarly journals Legal status of minors in the system of regulation of labor relations in modern Russia

2020 ◽  
pp. 70-88
Author(s):  
Oleg Viktorovich Solopov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Legal Norms ◽  
The Russian Federation

This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.

Labor law in the russian legal system

2019 ◽  
Vol 5 (3) ◽  
pp. 98-108
Author(s):  
Sergey V. Zapolsky
Keyword(s):  
Legal System ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Social Partnership ◽  
Property Relations ◽  
The Status ◽  
Labor Relationship

For many years, labor law in the Russian (and Soviet) legal system was regarded as specialized in a narrow segment of legal relations. In the recent decades, the labor law has developed, pushing itself significantly higher in the hierarchy of legal fields, namely, in the status of fundamental (so-called material) fields along with the criminal, administrative, and civil law. This article analyzes the causes of this phenomenon and describes the generic role of the legal regulation of labor relations for the entire system of property and non-property relations governed by law. As a result of studying different opinions on the classification of labor law as private or public sectors, as well as global experience, the author draws a conclusion about the national identity of Russian labor law, which is characterized by reliance on a unified labor relationship that organically combines individual and collective. The historical relationship of labor law with civil law shows the universality of labor obligations that bind the employee “with the whole world”. Changes in the place of labor law in the system of branches of law are explained by transformations and expansion of methods of legal regulation of labor relations by social partnership. It raises the problem of a certain convergence of labor law to administrative law, which is assessed as the most serious danger that can distort the economic and legal nature of labor relations. It follows that the insolvency of the use of statistical methods in the production sphere, as well as arguments are presented to solve the problem of distinguishing labor and administrative law. The main finding is related to determining the place of labor law in the legal system. Given the importance and homogeneity of labor relations, currently labor law has ceased to be a specialized legal body and should be classified as a substantive material area of law.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

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.

scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

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.

A Modern Vision of Methodological Approaches in Regulation of Labor Relations

2019 ◽  
Vol 10 (7) ◽  
pp. 2070
Author(s):  
Oleksii I. OSTAPENKO ◽  
Leonid O. OSTAPENKO ◽  
Oleksandra L. KHYTRA ◽  
Maryana TSVOK ◽  
Solomia VASYLIV
Keyword(s):  
Scientific Knowledge ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Practical Activity ◽  
Modern Development ◽  
The World ◽  
Methods And Techniques ◽  
Methodological Approaches ◽  
Modern Vision

Legal relations in labor activity are constantly undergoing reform in Ukrainian legislation. The reason for the reform can be considered the imperfection and instability of labor relations. These factors indicate the need to study legal relations in labor activities and understand the methodological approaches and the justification for reforming legislation. Based on the use of both general theoretical and branch scientific provisions, in particular labor law, it has been proposed in this research to develop main fundamental approaches to the methodology of legal regulation of labor relations in the context of modern development of Ukraine. The study revealed that the methods, methods and techniques used in the scientific knowledge of labor phenomena are interconnected and contribute to the formation of labor relations in the world of work. Conclusions are made regarding the nature and effectiveness of methodological approaches, their relationship with the principles of theoretical and practical activity of subjects of labor relations.  

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

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