Characteristics of the contract on full individual liability in the context of the concept of transactions in labor law (based on the materials of judicial practice)

Consideration of the specifics of concluding an agreement on full individual financial responsibility in the paradigm of the concept of transactions is a relatively new method of studying this problem. It is advisable to use this approach primarily for applied purposes, which makes it possible to study in more detail possible violations both in the structure of the contract under consideration and in relation to its functionality. The aim of the work is to improve the standards of law enforcement activities based on the adaptation in labor law of some constructions of the civil theory of transactions in the field of full contractual individual liability by virtue of the contract. The objectives of the study involve a systematic interpretation of the substantive norms of labor law using elements of transaction theory, analysis of current judicial practice and formulation of proposals that contribute to effective law enforcement when considering relevant cases. The research is based on open sources of information, including statistical data, special literature, normative legal acts and judicial practice, using general scientific (theoretical and empirical level: dialectical, logical, system-structural, observation, description) and special legal methods (comparative legal, formal legal, legal modeling) research. The paper describes the proper subject composition, the requirements for compliance with the will and will of the parties, the content and form of the contract on full liability, as well as the consequences of violation of the rules established by law in relation to each of these elements. The motives of the parties and the purpose (basis) of the contract on full individual liability are analyzed as necessary elements of the subjective side of this transaction. The factors of the functionality of the contract on full liability are interpreted in the light of the categories and procedures arising from the current labor legislation. The need to improve certain provisions of labor legislation and ensure the consistency of law enforcement in the field of full financial responsibility of the employee on the basis of a special individual contract is substantiated. It is stated that when considering labor disputes arising from full individual liability, the courts mainly come to the actual conclusion that it is impossible to recognize the specified contract as a proper legal fact if there are defects in the subject composition, content or form.

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