No 10 (2017)
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EXPERT OPINION
16-25 333
Abstract
The article provides a scientific analysis of the main outcomes of the pension reforms and the necessity of forming the country’s multi-level system of pension provision of the population, consistent with the principles of social justice and adequately reflect the needs of the labor market, each worker to guarantee decent wages and a decent pension.
ПОРТРЕТ УЧЕНОГО
26-31 202
Abstract
The article shows the scientific contribution E.G. Tuchkovoy in the formation and development of two branches of the modern Russian law: labor law and social security law.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. КЛЮЧЕВАЯ ТЕМАТИКА
32-37 395
Abstract
The article covers the brief overview of Labour and Social Security Law in global and national Russian context. Concerning the global context of modern social and labour rights, the author speaks about the issue of econometric efficiency of labour and social security law, their importance from the point of view of sustainable development at micro- and macro levels. Another global issue covered in the article is the changing nature of the world of work. Due to the technological progress and shift of labour from the industrial to services model, the employment relations worldwide face the growing phenomena of atypical employment. The borderline between the employment and genuine civil law relations becomes more and more obscure. Further the author talks about Russian context of modern Labour and Social Security law. Major issue in the field is the debate concerning the flexibility of labour and social security normative regulation. The author concludes that Russian labour law may be considered as overly rigid when it comes to the discourse of employer-state relations. In this field the bureaucratic requirements seem to put excessive burden on the employers. In contrary, the issues of relations between the employers and employees require more rigid normative regulation aimed at offering employees more legal protection.
38-42 197
Abstract
The article shows topical issues of improvement the legislation, according to the public opinion of citizens about human rights in the workplace. The socio-economic problems, connected with labor and of most concern to the society, and legal ways of their decision in modern conditions are also mentioned.
43-52 443
Abstract
The article analyses tendencies of development of modern system of domestic sources of social security law. Outlines a doctrinal approach to the scientific assessment of traditional and new types, a more harmonious development of their content and forms of expression.
53-64 288
Abstract
The article is devoted to development of the international precepts of law in the sphere of labour in connection with the adoption in 2017 of the Recommendation of the International Labour Organization № 205 «About employment and worthy work for ensuring peace and potential of counteraction». In it the value of the new recommendatory act is shown, its contents is commented and the attention to need of use of its provisions in the legislation, legal acts of social partnership, local regulation of work is paid. The possibility of implementation of these provisions in the international regional and bilateral cooperation of the Russian Federation with other states is noticed.
65-71 229
Abstract
The article is devoted to the problems of the science of international labor law at present day and their solutions. It is noted that the methodology of the science of international labor law should be expanded by including the methods of futurology. According to the author, the use of these methods optimizes the process of scientific research in the field of implementation of international labor standards. The necessity of a new scientific approach should be based on the principle of integration ties science of international labor law with other social sciences. For example, using the methods of futurology in the process of scientific analysis in the science of international labor law is realized as a form of a study of the impact of the concept of decent work of the International Labour Organisation (ILO) on the development of the labor legislation of the Russian Federation.
ДИФФЕРЕНЦИАЦИЯ В ПРАВЕ
72-83 612
Abstract
The article provides a classification of rules regulating the labor of certain categories of workers from the point of view of the group to which special rules (exceptions, adaptations or benefits) they refer to. Under the rules, the exemptions in the context of the present publication refers to the provisions of the Labour code of the Russian Federation establishes additional grounds for terminating an employment contract with any category of workers, are either specified directly in the Labour code of the Russian Federation or the employment contract with them, and especially the termination of the employment contract. While the focus is on the grounds that, according to the authors, need further adjustment. Also the publication identifies controversial and address issues arising from the regulation of labor relations of employees of micro-enterprises, engaged in underground work and directed to another employer according to the contract the provision of staff.
84-89 192
Abstract
In the article, examining the legal regulation of the working conditions of workers whose specific labor ties differ significantly depending on the production, types of activities, climatic conditions and other peculiarities of the employment of labor, the need to increase guarantees and compensations for such categories of workers is emphasized. A certain specificity in the legal regulation of working conditions is also associated with t he nature of the norms through which the working conditions are regulated. In the labor legislation of Russia there are several types of differentiation of the legal regulation of labor, which are often interrelated, are combined with each other.
90-95 216
Abstract
The article identifies specific features of legal regulation of homogeneous groups of labour relations in special working conditions. The author gives a general description of the objective bases of differentiation of legal regulation, analyses established by the labor legislation of the Russian Federation rules and makes the conclusion about the necessity of unification of legal norms.
96-100 188
Abstract
The article analyzes the problems of legal regulation of atypical forms of employment, in particular, the agreement on the provision of workers (personnel).
101-106 286
Abstract
In the article those problems are arisen which involve more problematic issues of the investigated institution. The author has carried out comparative - legal analysis of the norms of Labour Code (LC) and legislation about State Service.
107-113 263
Abstract
The article reveals and explores the grounds for differentiation of the legal regulation of labor of employees of RF representative offices abroad: the nature, content and working conditions. The author formulates the definitions of each criterion of differentiation and points out their relationship with the functions and tasks of the diplomatic service abroad. The author comes to the conclusion that these criteria most fully reflect the specifics of labor of workers sent abroad, their content is predetermined by the essence of diplomatic activity aimed at solving the tasks of foreign policy of one state in the territory of another state, including the implementation of the functions of state bodies in the territory of the host state.
114-123 227
Abstract
The article analyzes the legislative provisions related to the inclusion in the Labor Code of the Russian Federation of Chapter 52.1, on the regulation of labor of scientific workers. Questions of election of scientific workers on competition, features of working time and time of rest of scientific workers are considered. The author analyzes certain problems of the legal status of scientific workers working in educational organizations of higher education.
124-128 289
Abstract
The author covers one of the controversial issues of the theory of labor law concerning labor private exponent individuals with mental illness. Sets out the point about lack of delictual and failing in this to be full-fledged subjects of labor law.
129-137 207
Abstract
The article is devoted to questions about the status of pharmaceuticals and other employees of the sphere of circulation of medicines for medical use. The author reveals the concept of this category of workers and characteristics of sources of regulation of their work. Analyzes and suggests changes in the legal regulation of work of pharmaceutical and other workers of the sphere of circulation of medicines for medical use.
138-147 315
Abstract
The article is devoted to the legal regulation of work of certain categories of employees in the countries of the Eurasian economic Union (EEU). The author emphasizes that deepening of processes of unification and harmonization of labour legislation of the countries of the Eurasian economic Union leads to the necessity of studying and sharing of positive legal experience in the area of labour regulation certain categories of employees, as well as the possible development of a new international legal act, which will include a separate section devoted to the peculiarities of legal regulation of labour of this categories of employees. The author believes that unique solutions of common problems in this area that are developed by the legislators of the countries of the Eurasian economic Union would also be useful for the labour law science of these states in the aspect of further stimulation of theory and practice that would undoubtedly contribute to the intensification of integration processes.
СОЦИАЛЬНЫЕ ОРИЕНТИРЫ
148-155 346
Abstract
In the article we justify the opinion that the origin of the evolvement of social security school of thought is connected with creative heritage of V.S. Andreev. Scientific ideas of the Master are being developed and continue to live at the chair of labor law and social security law of Kutafin Moscow State Law University (MSAL) under the authority of doctor of law, professor E.G. Tuchkova, whose deep knowledge and commitment are successfully passed over to her learners.
156-161 6313
Abstract
Relationship for social security develop in parallel or at the intersection of the sphere of action of norms of the labour, civil, financial, administrative and other branches of law. In the course of the discipline «Features of a lawyer’s work in the social sector» extensive use of judicial practice allows us to demonstrate how the specific circumstances of different branches of law coexist. The experience of studying the interaction of industries contributes to a better understanding of the subject of social security law, its place in the broad spectrum of public relations.
162-170 199
Abstract
The article deals with the issues of interpretation by courts of the legislation on employment quotas for persons with disabilities. It is concluded that according to the vessel position responsibilities job quotas are considered fulfilled from the moment of allocation (creation) of jobs and recruitment for people with disabilities. Thus from the provisions of the law should not be the obligation of the employer for compulsory search and recruitment in quota-based jobs for disabled people and their filling out of the lack of appropriate referrals of disabled persons to employment and the direction of their respective employment service. The violation of the quota is the lower quota and the job is designed for the employment of disabled persons jobs persons classified as disabled. The establishment of quotas for employment of disabled persons for positions of civil servants contrary to the provisions of the Federal law «About state civil service of the Russian Federation».
171-183 255
Abstract
The article covers the question of pensions for medical workers in the mandatory pension insurance. Analyzed legislation, governing early appointment of insurance old-age pension to persons, carrying out medical and other activity on health protection of the population, taking into account problems arising in judicial practice.
184-190 295
Abstract
In the article is discussed the formation of legal regulation of social security at the international level. The author analyzed the place socio-economic rights in human rights system and their content in international instruments. Considered universal and regional international instruments, which content the rules on social security.
ИНТЕГРАЦИЯ И МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО
191-198 246
Abstract
The article examines the trends of modern labor migration. The author concludes that the higher the indicator of observance and guarantee of the rights of migrant workers and their family members, the more confident can be said about harmonization of the labor legislation of the states entering the common market of goods, services and labor.
199-206 211
Abstract
The article deals with theoretical and practical issues concerning labor migration, the interaction of national, international and cross-border employment law. The experience of CES countries in legal regulation of external labour migration. Attention is drawn to new approaches of the International labour organization to legal regulation of labour relations. Dedicated to the development of international cooperation to end discrimination against foreign workers.
ОБРАЗОВАТЕЛЬНАЯ СРЕДА
207-212 160
Abstract
In article some questions of methodology lectures the course «Labour law». Focuses on the need to link theoretical teaching with the practice of labour relations.
213-217 455
Abstract
The article analyzes the issue of self-defense by workers of their labour rights and freedoms, the necessity of the coverage is in the process of judicial training in the teaching and study of employment law. Considered how to use the right to self-defense. Highlighted the shortcomings of legal regulation of self-defense in employment, overcoming of which can and should know future lawyers.
218-226 227
Abstract
The article focuses on the broader use in the teaching of labour law issues concerning employment. It conducted a legal analysis of subjective employment duties of the employee, highlighting their properties and typological features, content and values in the legal regulation of labour and other directly associated relations. Organization of production activities and the labour process determines the need to establish for employees of the relevant employment duties, without the observance of which is difficult to achieve the goal of social production. Lawyers must be able to help employer and employees to establish and implement employment duties.
227-232 333
Abstract
The article is devoted to the methodology of studying material responsibility in labor law. The author, on the basis of the analysis of the norms of labor law, judicial practice, the doctrine of labor law and the practice of teaching the course of labor law, outlined a number of problematic aspects of the study of liability.
233-237 298
Abstract
The article is related to the task of in-depth and comprehensive study of the differentiation of labour on the example of holding a special seminar concerning legal regulation of prosecutors and investigators» work. Shown the necessity of expanding the study of peculiarities of legal regulation of labor of employees of the various legal professions.
BOOKSHELF OF THE DEPARTMENT
238-240 295
Abstract
The article is devoted to the collective monograph «Problems of the General part of social security law», publicated in 2017. It reflects the problem of the subject, method and system of social security law, unity and differentiation of legal regulation of social security relations, the problems of formation of sources of law and codification of social legislation, legal status of subjects of social-security relations and a number of other problems.
TRIBUNE FOR YOUNG SCIENTIST
241-246 241
Abstract
The article considers the realization of principle on the elimination of discrimination in respect of employment and occupation in the EAEU States in the aspect of wide angle effect of International labour organization ILO Decent work concept on labour legislation of these states. On the basis of comparative legal analysis of EAEU States labour legislation, which existed before and after the adoption of ILO Decent work concept, as well as the examination of cooperation acts between the EAEU States and the ILO, is concluded about significant influence of ILO Decent work concept on the legal regulation of principle on the elimination of discrimination in respect of employment and occupation. Also, author examines the points of view of researchers from EAEU States and notes that required further active work on improvement of EAEU States labour legislation for the promotion of international labour standards. The principle on the elimination of discrimination in respect of employment and occupation is a necessary component of sustainable economic development and deepening of the Eurasian integration processes.
247-253 301
Abstract
In the article shown the analysis of norms of the labour legislation regulating alternative means of settling labour disputes, with the second half of the nineteenth century to the present. The author draws attention on the positive and on the negative experience of legislative regulation, and concludes that the legislator had always understood the necessity and effectiveness of alternative means of settling labour disputes.
СТРАНИЦЫ ИСТОРИИ
254-260 581
Abstract
The article highlights some aspects related to the establishment of the Labor code, the role of the International labour organization and the ILO Bureau in Moscow to assist in the creation of the new Russian labour law and generalization of scientific approaches to the reform of labour legislation in Russia. Also proposed collective scientific synthesis of labor law reform in the former Soviet Union on the centenary of the ILO.
LAW IN HISTORICAL REFRACTION. Legal Monuments
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
ИЗ ПЕРИОДИКИ ПРОШЛОГО
ПОСТСКРИПТУМ. ЮРИДИЧЕСКИЕ СОБЫТИЯ В ДАТАХ
КОПИРАЙТ ОРАТОРА
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)