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.

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 ЗАКОНОПРОЄКТ «ПРО ПРАЦЮ» (№ 2708): ПОДАЛЬША ПРЕКАРИЗАЦІЯ УКРАЇНСЬКИХ РОБІТНИКІВ ТА ВПЛИВ НА ВИКОНАННЯ УКРАЇНОЮ УМОВ УГОДИ ПРО АСОЦІАЦІЮ З ЄВРОПЕЙСЬКИМ СОЮЗОМ

2020 ◽  
pp. 66-73
Author(s):  
Д. О. Новіков
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Protection ◽  
Value Added ◽  
Labor Rights ◽  
The European Union ◽  
Association Agreement ◽  
Labor Legislation ◽  
Hired Labor ◽  
The Impact

The author analyzes the impact of the draft law «On Labor» on the further precarization of Ukrainian workers and compliance with the terms of the Association Agreement with the European Union regarding labor rights. It’s determined that the provisions of the draft law «On Labor» are a reflection of the distortion of the principles of labor law through the continuous deregulation of labor relations. From one of the most humanistic branches of law, labor law in Ukraine may soon become an operational normative tool for squeezing value added from workers without meeting even the minimum social standards. The draft law «On Labor» is an attempt to partially enshrine the illegal rules that have actually developed in the labor market and which will not have a serious impact on the practice of using hired labor. However, instead of strengthening control over the implementation of current labor legislation and ensuring effective justice in the labor sphere, the domestic government pursues a policy of further precarization of the population through the formal consolidation of unfavorable rules for workers in labor relations. The content of the draft law «On Labor» is directly opposite to the requirements of the Association Agreement, which require strengthening the level of legal protection of the rights and interests of workers. The adoption of the draft law «On Labor» creates serious risks of increasing the precarization of the Ukrainian population and slowing down the European integration process

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 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.

scholarly journals Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

scholarly journals Jurisprudence-Legal Government Surveillance and Interference in the Relations between Workers and Employers in Egypt

2021 ◽  
Vol 4 (2) ◽  
pp. 49-55
Author(s):  
Lotfi Tudros Rizk
Keyword(s):  
Social Order ◽  
Industrial Revolution ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Government Supervision ◽  
Government Involvement ◽  
Government Surveillance ◽  
Group Workers ◽  
Weak Party

One of the most important laws of the countries is the labor law whose the target society is made of a large number of people, i.e. workers and employers. There are laws and regulations in Egypt on the relation between the workers and the employers. There are also principles for protecting this group (workers) as the fundamental principles of work, all of which are intended to improve the workers' lives and to establish rules that will better serve the interests of workers. The main aim of the labor rights is to improve the socioeconomic status of workers and to provide more security and justice and also to establish a social order for this class of society. The present study is a descriptive-analytic research, which investigates jurisprudential-legal government supervision and interference in the relation between the worker and the employer in Egypt. The results indicate that the necessity of government involvement in worker-employer relations has two main reasons. These reasons include changing the nature of labor relations after the industrial revolution and changing the function of government in contemporary time. The complexity and transformation of various relationships, including labor relations, which justifies the need for the intervention of a superior power to support the weak party of this relationship.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

scholarly journals Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

2021 ◽  
Vol 81 (2) ◽  
pp. 136-143
Author(s):  
S. M. Bortnyk
Keyword(s):  
Preventive Measures ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Definition Of ◽  
The Relationship ◽  
Legal Measure

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

scholarly journals Analysis of Procedural Rules in Individual Institutions Labour Law

2020 ◽  
Vol 17 (3) ◽  
pp. 68-77
Author(s):  
Galina Obukhova
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Labour Law ◽  
Legal Norms ◽  
Historical Comparative ◽  
The Right ◽  
Substantive Law ◽  
Almost All ◽  
Special Rights

Introduction. The article deals with procedural and procedural rules of certain institutions of labor law, which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights and interests. The author substantiates the need for detailed regulation of the procedure for implementing such norms, since the sequence of their application and compliance directly affect the normal development of labor relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal legal methods were used. Results. In the course of the research, we come to the conclusion that some procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or production, we are always talking only about legal activity. The implementation of almost all substantive rules requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a relatively independent element of the mechanism of legal regulation of labor relations. The official application of any substantive law should be carried out in a specific procedure, which distinguishes the subject of the enforcement order of its work and relationship with the requiring party, the right of appeal against enforcement, etc. All require further elaboration and regulation.

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