THE CONCEPT OF NON-COMPETE PROVISIONS IN EMPLOYMENT RELATIONS

2021 ◽  
pp. 141-150
Author(s):  
Maria A. Andrianova ◽  
◽  
Dmitriy A. Sokolov ◽  
Keyword(s):  
Trade Secret ◽  
Employment Relations ◽  
Employment Contracts ◽  
Restrictive Covenants ◽  
Employment Contract ◽  
Foreign Law ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Russian Law ◽  
Managerial Positions

This article analyzes the regulation of restrictive covenants in employment contracts in foreign and Russian law, as well as the importance of this institution for protection of the interests of employers. In the course of their employment, employees, particularly those in managerial positions, acquire detailed information about the employer's business. Such information can then be used for the benefit of the new employer or the employee themselves in their own business activities. In order to manage this risk at the level of the employment contract, the foreign law has developed the concept of restrictive covenants. This article discusses the pre-conditions of the negative approach which has been developed in the Russian law to the inclusion of such provisions in the employment contract and the effectiveness of instruments used instead of them in practice, in particular trade secret and unfair competition, as well as Article 276 of the Russian Labour Code. The problem of the employer's lack of appropriate measures to protect their interests in the modern labor law of the Russian Federation and the need to supplement domestic legislation with provisions regulating restrictive covenants is raised.

scholarly journals THE USE OF ESCROW IN STRUCTURING MERGERS AND ACQUISITIONS

2019 ◽  
pp. 137-143
Author(s):  
M. G. EROKHINA ◽  
D. R. ARNAUTOV
Keyword(s):  
Mergers And Acquisitions ◽  
Russian Federation ◽  
Legal Order ◽  
Anglo Saxon ◽  
Foreign Investors ◽  
Foreign Law ◽  
Legal Nature ◽  
Potential Possibility ◽  
The Russian Federation ◽  
Russian Law

The paper examines the legal nature and features of escrow agreements (escrow) under Russian and foreign law, as well as the procedure for conducting mergers and acquisitions (M&A — mergers and acquisitions) under anglo-saxon and continental law. It is noted that both Russian entrepreneurs and foreign investors in such contracts prefer foreign law to Russian law due to the uncertainty of legal institutions. The authors analyze the possibility of using the escrow mechanism not only for cash, as it used to be before, but also for other property, in particular, uncertified securities. The paper analyzes amendments to the Civil Code of the Russian Federation which have recently entered into force, introducing chapter 47.1 into the Code. On its basis, the potential possibility of applying an escrow contract to mergers and acquisitions of companies is considered. The authors generally evaluate the effect of the new regulation as positive, but also draw attention to the lack of regulation of the institutions studied in the Russian legal order.

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 DIVISION OF ONE EMPLOYMENT CONTRACT BETWEEN TWO EMPLOYERS

2021 ◽  
Vol 19 (1) ◽  
pp. 46-51
Author(s):  
Andrej Poruban ◽  
◽  
Karol Krajčo ◽  
Keyword(s):  
Employment Relationship ◽  
Employment Relations ◽  
Employment Contracts ◽  
Employment Contract ◽  
Employment Relationships ◽  
Legal Obligations ◽  
Part Time ◽  
Economic Relationship ◽  
Personal Performance ◽  
Subjective Rights

The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organizational structure of the employer, a close personal bond is established, which activates a whole range of subjective rights and legal obligations of the subjects of employment.

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.

Conclusions

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Direct Effect ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Norms ◽  
Legal Obligations ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Russian Law ◽  
Domestic Law

This concluding chapter reviews the major developments of the Russian treaty. It argues that the legal system of the Russian Federation contains two different kinds of law-international law and domestic law. Here, two distinctions are drawn with respect to international-legal norms: those having direct effect and not requiring domestic legislation in order to implement them, and those not having direct effect precisely because they do require implementing legislation. Although international law requires States acting in good faith to implement international legal obligations, in practice often that implementation never happens or occurs with great delay. Although not without controversy, the better position seems to be that generally-recognized principles and norms of international law enjoy priority over norms of Russian law which provide otherwise.

Digitalization of the interaction of the parties to the employment contract in remote work

2021 ◽  
pp. 44-54
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Economic Life ◽  
Electronic Interaction ◽  
Employment Relations ◽  
Remote Work ◽  
Employment Contract ◽  
New Approaches ◽  
Key Points ◽  
The Russian Federation

From January 1, 2021, amendments to the Labor Code of the Russian Federation regulating remote (remote) work are in force. The new approaches of the legislator to the interaction of the employer and the remote (remote) employee in the conditions of digitalization are considered. The new rules have significantly clarified such key points for the remote format as the procedure for electronic interaction on employment, changes and termination of employment relations. The analysis of legally significant messages as facts of economic life, including the time of their delivery, the risks of participants in the relevant relations, is carried out. A comparative analysis of the use of digital approaches to the regulation of legally significant messages in civil, tax, and procedural legislation is carried out.

scholarly journals The List of Offshore Zones in the Russian Law

JURIST ◽  
2020 ◽  
Vol 11 ◽  
pp. 49-54
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
European Union ◽  
Tax Evasion ◽  
Profit Shifting ◽  
Current State ◽  
Domestic Legislation ◽  
Legislative Framework ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Russian Law ◽  
Definition Of

Definition of the term «offshore jurisdiction» is not set forth in the Russian law, the list of offshore jurisdictions is compiled by the Ministry of Finance of the Russian Federation, however the process and criteria, which are examined to add the jurisdiction in the list, are not formalized. Nevertheless, making a list of offshore jurisdictions is a matter of vital importance, because legal entities, registered in such zones are not entitled to use several benefits in Russia, are subject to enhanced control, their activity in specified spheres is limited. The practice of European Union blacklisting process was analyzed in the article, were scrutinized criteria for screening jurisdictions with a view to establishing an European Union list. Precisely established process and criteria makes it possible to form the list objectively, acts as a spur to foreign jurisdictions for cooperation, bringing domestic legislation in accordance with international base erosion and profit shifting requirements. Providing a legislative framework for criteria of offshore zones will lead to rising of transparency of compilation of this list, annual update of the list will allow objectively estimate the current state of foreign jurisdictions relating to the problems of tax evasion and money laundering.

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.

The value, concept and essence of appeal proceedings in civil cases

2020 ◽  
pp. 523-529
Author(s):  
Liliya Usich
Keyword(s):  
Human Rights ◽  
Knowledge Based ◽  
Civil Proceedings ◽  
High Prevalence ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Civil Cases ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Protection

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.

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