Progressive model of factory legislation by Sergei Vasilyevich Zubatov

The subject of the research is the views of Sergei Vasilyevich Zubatov, the head of the Moscow Security Department and later the head of the Special Department of the Imperial Police Department, on the state and development of factory (labor) legislation of the Russian Empire. The aim is to identify the content of Zubatov's views on the conditions and necessary directions for the development of legislation on hired subordinate labor at the turn of the 20th century. The research methodology includes historical-legal and formal-legal approaches, diachronic comparison, textual analysis, historical-contextual analysis. The study made a key conclusion that Zubatov was an example of an apologist for the social-compromise labor legislation of the late 19th century. He asserted the need for cooperation between the authorities and workers and their joint opposition to industrial circles as the true source of social conflict, known as the "labor question". In 1898, Zubatov formulated the principles of modern regulation of labor relations. He did this 15 years before the revolutionary developments of L.S. Tal, without having a legal school behind him, ahead of both the legislator and legal theorists. Such principles include: equality of the parties to an employment contract before the law, contractual definition of their rights and obligations, pre-trial resolution of labor disputes, protection of the interests of the employee as the weaker party in labor relations. For the purpose of public pacification, factory owners were offered to interact with workers through committees under the jurisdiction of the Security Department. In fact, a modern idea of a tripartite social partnership was proposed, enshrined in the Labor Code of the Russian Federation and embodied in the practice of civilized countries of the world. The obtained developments confirm the concept previously stated by the author, according to which the factory legislation of the Russian Empire arose not only due to the protest labor movement. The most important driving force for the consolidation of labor rights and guarantees in the 19th - early 20th centuries was the growing legal consciousness of the political elites. An example of such dynamics are the views of Zubatov as a representative of the highest circles of the executive power. Due to his own service experience, analytical abilities, knowledge of domestic life, Zubatov formed unambiguous views on factory (labor) legislation. In his opinion, it was called upon to ensure a social compromise between employers and workers, ensure the normal course of state administration, satisfy the objective and fair interests of workers, and limit the abuses of industrialists. He saw lawmaking in favor of workers as necessary, and not the class unity of the throne and the bourgeoisie in antagonism to the workers. The author declares no conflicts of interests.

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