Basic concepts of private law

The main objective of this article is to define theoretical and practical value of classification in the law, to bring to light the role of such concepts as kind and type, the content of their substantiation in modern scientific literature on private law, to propose possible changes in labor legislation. For this purpose, the article deals with such theoretical concepts as "labor contracts", a "social contract", "transaction". It is proposed to use transaction as a kind in the classification of contracts in labor. Contracts, agreements are specific concepts of the transaction. Each type of a legal phenomenon assumes the existence of the corresponding generic term. It enables the researcher to open new sides of the subject under study. It is an effective way in any social search, including a legal one, of a new quality of any given type, i.e. particularity of a kind. Such method can be called the method of legal extrapolation. In the context of Russian law, it would be possible to announce its system as a kind, but its separate branches as a specific manifestation (type). The system of Russian law as it is treated in modern literature, does not meet the elementary requirements that apply to the system. Therefore, the set of legal norms of the Russian Federation cannot be called a system. This is usually a summative combination of legal norms accepted at different times and for the achievement of different purposes. The conducted research of the grounds for separation of branches of private law enabled us to draw some conclusions. Firstly, such grounds (criteria) used in the theory of private law as, for example, the subject and method, cannot provide the differentiation of legal norms according to the corresponding branches and institutes. Secondly, legal science takes on quite a clear role - to understand, generalize, specify the legislators' (law-making bodies') position, i.e. it is engaged in the justification (the apology in the best sense of this term) of the results of their activity. Thirdly, it is necessary to speak about the system of law as a relevant grouping of norms done by the legislators according to the goals (tasks) of legal regulation, i.e. to emphasize its purely practical purpose. Labor contracts are hardly acceptable in the sense of a generic concept. The transaction and its main characteristics as a generic notion are typical for other branches of private law as well. It is easy to draw a conclusion that in jurisprudence the concept "transaction" is used as a generic notion for such specific terms as the contract, the agreement. Their diversity enables us to raise the question of extension (extrapolation) on these specific manifestations of certain qualitative legal characteristics of the transaction as a generic notion. Such approach, for example, in labor law enables us to study invalidity of contracts and agreements, debatable and insignificant labor transactions that so far remain out of scientific searches of labor law experts, but have a great practical value. A number of measures providing legality, due protection of labor rights of the employees working in an informal economy is proposed in the conclusion of the article.

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