Regulation of Labour Legal Relations in Russia
The article reveals a set of problems associated with the regulation of legal relations in the Russian Federation. The range of problems affects the methodological, historical, and regulatory aspects. The object of the study is the regulators of labour relations in Russia. In the study, the general (analysis, synthesis, system-structural) and specific (modelling, statistical analysis, comparative historical, expert assessment) scientific methods were used. The authors have solved the task of identifying the types of regulators of labour relations in Russia-legal and individual-by using systemic, historical, logical, and comparative research methods. The following conclusions are made in the article. (1) There are two types of regulators of labour relations in Russia: legal and individual. (2) Individual regulators of labour legal relations include, in particular, employment contracts and court decisions. Individual regulators of labour legal relations are characterised by binding, enforcement, a greater degree of certainty and interconnection only for a certain number of persons, for example, for the participants in court proceedings or parties to an employment contract. (3) The legal regulators of labour legal relations are characterised both for a certain number of persons and for an indefinite number of persons as a general obligation, enforcement, a greater degree of interconnection and interdependence. (4) According to the scientifically grounded concept of integrative understanding of labour law in Russia, only homogeneous legal elements are legal regulators of labour relations, first of all, principles and norms of labour law synthesized in a single, multilevel and developing system of forms of national and international law implemented in the state. (5) The principles of labour law are the primary and most general legal regulators of labour relations in Russia, expressing its regularities and generalizing the most typical in other elements of the legal system, primarily in the norms of labour law. In the article, several kinds of the principles of the law regulating labour legal relations in Russia are specified: fundamental principles, regulating various legal relations, including labour legal relations; general principles of labour law regulating only labour legal relations; special principles of certain labour law institutions regulating these labour relations.
Keywords
регулирование, трудовые правоотношения, правовые регуляторы, индивидуальные регуляторы, regulation, labour legal relations, legal regulators, individual regulatorsAuthors
| Name | Organization | |
| Ershov Valentin V. | Russian State University of Justice | evv@rsuj.ru |
| Ershova Elena A. | Russian State University of Justice | evv@rsuj.ru |
References
Regulation of Labour Legal Relations in Russia | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2020. № 455. DOI: 10.17223/15617793/455/29