scholarly journals PROBLEMS OF APPLYING THE CONCEPT OF WORKING TIME IN CASES OF DISMISSAL FOR EMPLOYEE’S APPEARING UNDER THE INFLUENCE OF ALCOHOL

2020 ◽  
Vol 16 (3) ◽  
pp. 83-89
Author(s):  
Елена Семенова ◽  
Рузиля Якупова
Keyword(s):  
Russian Federation ◽  
Premature Death ◽  
Working Time ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Alcoholic Intoxication ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Republic

To date an urgent task of the Russian Federation is to conduct a policy of alcoholism prevention. The regulatory framework contains measures of responsibility, federal concepts for alcoholism prevention are being implemented, temporary restrictions on alcohol purchase are put into action, and so on. Alcohol abuse causes a particularly high death rate among men of 40 to 60 years old, who at this age have the most valuable professional skills. Their premature death damages the workforce with professional experience and reduces the amount of investment in human capital. In the field of labor relations, it is envisaged to apply disciplinary penalties in the form of dismissal of an employee for being under alcoholic intoxication at work. However, the mechanisms provided for in the labor legislation are not always implemented in an appropriate way due to different approaches in applying the law, thus the employer has problems. Purpose: analysis of problems of law enforcement of the concept “working time”. Methods: empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the study allowes us to consider different approaches to the use of the concept of “working time”. The analysis of judicial practice on reinstatement of employees who appeared under alcoholic intoxication at hazardous production facilities in the Republic of Bashkortostan is also carried out. To date, there is no uniform practice for restoring employees who were intoxicated on the employer’s territory. This fact is a gap in the mechanisms of combating alcoholism. Until appropriate changes are made to the Labour Code of the Russian Federation, judicial practice in such cases will remain controversial.

Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation

2021 ◽  
pp. 672-679
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Legal Norms ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation

The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

Socio-Economic Analysis of the Proposal to Switch to a Four-Day Working Week in Russia

2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Social Protection ◽  
Prime Minister ◽  
Working Hours ◽  
Working Time ◽  
Production Costs ◽  
Historical Background ◽  
Labor Legislation ◽  
The Russian Federation

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.

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.

Features of the working hours of remote workers: a note to the accountant of the medical institution

2021 ◽  
pp. 48-56
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Russian Federation ◽  
Working Hours ◽  
Working Time ◽  
Remote Work ◽  
Direct Control ◽  
Federal Law ◽  
Distinctive Features ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Russian Federation

The article analyzes the novelties of labor legislation initiated by the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the Regulation of Remote (remote) Work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 N 407-FZ, which entered into force on January 1, 2021. The distinctive features of the working regime of remote workers are considered, which are characterized by the lack of direct control of the employee by the employer and, as a result, the urgent need to ensure the interaction of the parties to the employment contract through the use of IT technologies. The main changes in the regulation of the working regime of remote workers are shown, including the norms on the interaction of the employee and the employer, on the organization of the work of the remote employee and his working time.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals Constitutional and legal status of a federal subject in the Republic of Iraq and in the Russian Federation: a comparative legal study

2021 ◽  
Vol 118 ◽  
pp. 02020
Author(s):  
Waleed Taha Akram Toghramchy ◽  
Nahro Khasro Hussein
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal State ◽  
Legal Research ◽  
Legal Norms ◽  
Division Of Powers ◽  
Study Results ◽  
The Russian Federation ◽  
The Republic ◽  
The Comparative Study

The constitutional and legal status of subjects of various federations is the issue considered by many scientists, but the area of comparative legal research remains poorly studied. The article considers the basics and features of the constitutional and legal status of the subjects of two federations that are at the stage of formation as democratic and legal states: the Russian Federation and the Federal Republic of Iraq. The purpose of the comparative study is to identify common and different elements of the constitutional and legal status of the subjects of two states and to identify on their basis a model of the constitutional and legal status of a subject of a modern, democratic, and rule-of-law state. The work is based on the comparative-legal research method. The study reveals differences in the ways of achieving the goal of building a federal state in the Russian Federation and in the Republic of Iraq. It also determines the foundations and features of the constitutional and legal status of the subjects of the two federations. The analysis of the main constitutional and legal norms establishing the procedure for the division of powers between federal and regional state authorities is carried out. The study results allow concluding that it is necessary to amend the constitutional legislation of the Republic of Iraq in order to expand the constitutional and legal status of the subjects and improve federal relations within the country.

scholarly journals ON THE QUESTION OF THE LIMITS OF POWERS OF LEGISLATORS OF THE RUSSIAN FEDERATION SUBJECTS IN IMPROVING SOCIAL LEGISLATION

2020 ◽  
Vol 36 (4) ◽  
pp. 113-116
Author(s):  
D. P. Gevorkyan ◽  
Keyword(s):  
Social Support ◽  
Supreme Court ◽  
Russian Federation ◽  
Social Benefits ◽  
Judicial Practice ◽  
Support Measures ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of determining the scope of legislative powers of the constituent entities of the Russian Federation in the sphere of implementing the principles of the social state and the social rights of citizens. Taking into account the amendment to the Constitution of the Russian Federation, introduced in July 2020, which guarantee “targeted social support of citizens and the indexation of social benefits and other social benefits”, it is necessary to monitor current legislation and judicial practice in the social sphere. In the Republic of Daghestan, a fairly active formation of social legislation began in 2004, in recent years, judicial practice has also developed. The article examines a number of legal positions of the Supreme Court of the Republic of Daghestan and the Supreme Court of the Russian Federation, which must be taken into account in further law-making work on the formation of social legislation of the constituent entities of the Russian Federation. In particular, the legislators of the constituent entities of the Russian Federation in terms of establishing social support measures for certain categories of citizens at the expense of the budget of the constituent entity of the Russian Federation are not entitled to restrict the rights of persons who are established these support measures, in terms of introducing additional conditions for their provision

scholarly journals Responsibility of the employer for non-compliance with the terms of the employment contract

2021 ◽  
Vol 39 (3) ◽  
pp. 127-131
Author(s):  
Z. A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Employment Contract ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Federal Laws ◽  
Compensation For Damage

The article is devoted to the issues of the employer's liability for non-compliance with the terms of the employment contract. The aim of the study is to examine the types of liability of employers for violation of the terms of the employment contract. It says that employers guilty of non-compliance with the terms of the employment contract are subject to material, disciplinary, civil, administrative and criminal liability. The problematic issues of compensation for damage to an employee caused by violation of labor legislation are considered. Revealed and substantiated the need for timely payment of wages to employees. Analyzed materials of judicial practice concerning the illegal dismissal of an employee, as well as non-payment of wages to the employee. It is concluded that employers who are guilty of non-compliance with the terms of the employment contract are liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws

scholarly journals Digital Currency and Novelties in the Criminal Code of the Russian Federation: Topical Issues

2021 ◽  
Vol 15 (2) ◽  
pp. 381-386
Author(s):  
IRINA S. MOCHALKINA
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Digital Currency ◽  
The Russian Federation

Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law. Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft

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