No 11 (2019)
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ВИЗИТНАЯ КАРТОЧКА
29-47 228
Abstract
The article tells the history of the chair of labor and social security law at Kutafin Moscow State Law University (MSAL) and provides an overview of current research and academic activity of its members.
EXPERT OPINION
48-53 695
Abstract
The article examines the problems associated with the consequences of the 4th industrial revolution, which can lead to new social risks, and significantly aggravate the existing ones. Based on the analysis of such effects proves the necessity of making government relevant legal decisions, warning the derogation previously granted rights in the field of labour and social security.the article examines the problems associated with the consequences of the 4th industrial revolution, which can lead to new social risks, and significantly aggravate the existing ones. Based on the analysis of such effects proves the necessity of making government relevant legal decisions, warning the derogation previously granted rights in the field of labour and social security.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ТРУДОВОЕ ПРАВО
54-64 243
Abstract
In article the provisions formulated in the International Labour Organization in connection with its 100 anniversary and planning the prospects of development of the purposes, strategic tasks and the principles of legal regulation at advance to qualitatively new future of the sphere of work are analyzed. The main achievements of the ILO, modern calls and problems in the sphere of work, new opportunities and reference points of state cooperation and social partners are specified in their aspiration to social justice and also measures for further improvement of activity of the ILO. Special attention is paid to the Declaration of century of the ILO on the future of the sphere of work adopted in 2019. Characteristic is given and the content of the main approach proclaimed the ILO to future development of work reveals there is a focus on the person, his interests, happiness and wellbeing, the rights of workers, requirements, expectations and the rights of all people
65-70 280
Abstract
This article is devoted to one of the pressing problems of legal regulation in the Russian Federation - the lack of adequate legal support for labor relations in the digital economy. There are questions that are related to the possibility of the broadest application of various aspects of the digital economy to the issues of regulating labor and other directly related relations, so that these processes can be consolidated at the legislative level and in local regulations.It justifies the need to develop a scientifically based and coherent system of legal regulation of this segment of labor relations, which will be adequate to the level of economic development of Russia, and will be able to solve the most important state tasks, while ensuring that the balance of both private and public interests is respected.
71-76 212
Abstract
The article is devoted to the local government as a subject of labor law, which is insufficiently studied in science. An attempt has been made to find out which body at the municipal level is the employer in relation to labour law, since the law uses the terms "employer" and "employer". In addition, the science expressed the opinion that the employer can be both a local government and a municipal entity. The conclusion is made about the participation of the local government in the majority of relations regulated by labor law: both in individual labor and in relations directly related to labor.
77-82 229
Abstract
The publication proves the inexpediency of the "regulatory guillotine" in labor legislation; provides examples of laws and regulations of the USSR and the RSFSR, which it is not possible to recognize as invalid, because it will lead to a legal vacuum in the regulation of labor of certain categories of workers
ПРАВО СОЦИАЛЬНОГО ОБЕСПЕЧЕНИЯ
83-97 219
Abstract
The article deal with issues related to the exhaustion of the previously adopted paradigm of social relations reflected the crisis of the welfare states model and also problematizes the “social compact" concept. The authors formulate some approaches to the development of new principles of social relations under conditions of changes at the labor market as well as in the social structure of the society in general. These new approaches are connected with the implementation of the idea “a life-cycle social risks matrix” as a basis for new combined social security system.
98-105 226
Abstract
The article analyzes the possible directions of creating a legal mechanism to protect the rights and freedoms of environmental migrants in the legislation of the Russian Federation. Analyzing the main legislative act from the point of view of expansion of its sphere of action, including, and on ecological migrants, in article two main directions of its possible processing and improvement are allocated. The simplest solution to the problem of environmental migrants from foreign countries for the Russian Federation and Russian legislation may be to expand the practice of applying article 12 of the law of the Russian Federation "on refugees", which provides for the provision of foreign citizens and stateless persons on humanitarian grounds the status of "temporary asylum in the territory of the Russian Federation". The author shows that the threat to life and health as a result of violation of the constitutional right of a person and a citizen to a favorable environment in the place of his permanent residence or stay can act as a reason for granting a foreign citizen or stateless person such legal status. In order for forced migrants to qualify for temporary asylum in the territory of the Russian Federation, it is necessary to amend paragraph 2 of article 2 Of the law of the Russian Federation "on refugees" in order to remove the limitation of the scope of the normative act. At the same time, in order to protect the rights and freedoms of internally displaced environmental migrants in Russia, relevant changes should be included in the definition of the term "forced migrant" in the Law of the Russian Federation "on forced migrants".
106-116 208
Abstract
In article is investigated one of possible options of development of the social security law - introduction of basic income which is understood as the grant guaranteed by the law replacing other social security paid constantly and regularly to all citizens it is not dependent on income level, implementation of work and any other conditions. It is supposed that basic income has to solve two problems: 1) loss by people of an opportunity to earn a living by work because of growth to technological unemployment owing to a wide computerization and robotization of production; 2) the progressing inequality of incomes of the population which can result in social instability. In article development of the concept of basic income, results of experiments on its introduction in a number of the countries are considered. The conclusion is drawn that basic income is a false way of development of social security. First, its introduction will involve enormous costs of the federal budget. Secondly, the guaranteed providing all employable population with passive income can slow down development of human knowledge that will lead to decrease in production and can cause institutional financial crisis. In the third, basic income does not provide the differentiation of social security directed to achievement of justice when overcoming the arising social risks.
117-122 375
Abstract
The article is devoted to the study of the need to improve the legislation on social security by means of codification. The author pays special attention to the definition of the principles of codification, considers the historical aspect of this problem, shows the role and importance of codification in modern conditions, reveals the advantages and disadvantages of choosing different forms of system-forming acts, assesses the possibility of developing in the coming years the Code of social security of the Russian Federation, notes the tendency of partial codification of individual institutions of social security law (benefits, social services, etc.), analyzes the current state of legislation in this area for convincing conclusions and proposals.
123-131 623
Abstract
Digitalization has an impact not only on the development of the economy, production, but also on the development, improvement of labor legislation in France. The concept of employment contract remains the same, fundamental changes have occurred: in the content of the employment contract, the order of conclusion of the employment contract, the structure of working time, etc. The article concludes that the changes in recent years in the French labor code are both positive and negative in terms of ensuring the labor rights of workers. In the study of the effect of digitization on labor law Frenziedly the conclusion that the labor laws of the French Republic reacts quickly to changes in the economy, adopting amendments to the Labour code; changes in TC France are both positive and negative in respect of workers ‘rights; issues of digitalization is acute in respect of workers’ rights at the same time, scientific advances help courts make decisions in relation to recognition of labor relations of employees.
132-141 206
Abstract
This article is devoted to a comparative study of the legislative norms governing the termination of employment agreement in the Russian Federation and the Italian Republic. The current norms of the Russian and Italian legislation, as well as the dynamics of legislative regulation of labour relations in recent years are considered. It should be noted that in general, the labour legislation of Russia and Italy has created the necessary guarantees for the observance of labour rights and the legitimate interests of the parties to an employment contract; they meet modern democratic standards for the regulation of labour relations. However, the author concludes that the labour legislation of the Russian Federation establishes a greater number of labour guarantees for employees in the field of termination of the employment agreement. This follows, first, from the casuistic nature of the Russian labour legislation in the field under consideration, and secondly, as a result of the legislative reforms in the field of labour and social security in Italy, the simplification of legislative regulation in the field of termination of the employment agreement was carried out.
142-151 220
Abstract
In the course of legislative research concerning harmonization and unification of legislation ofmember states of integration associations, in particular EAEU, the role and significance of comparative legal method is increasing. The article deals with legislation on social services inEAEU member states. The analysis of national legislations of EAEU member states demonstrated similar approaches to the understanding of legal nature and essence of their social services. However, each of the states codified by law certain mechanisms intended both to expanding the forms of social services (Republic of Belarus) and to consolidating the criteria for the provision of social services depending on the level of material insecurity of a family (Republic of Armenia).
152-158 226
Abstract
In 2015 the development of a draft international act providing for the maintenance of pension rights of employees acquired in the territory of the EAEU member States was started. In 2018, work on the draft Agreement on pension provision for employees of the EEC member States was completed. The article analyzes the provisions of this project in order to determine the effectiveness of the mechanism that provides employees with the opportunity to realize in full the pension rights earned in the territory of the EAEU member States, regardless of which of these States they will live in the pension period. Analysis of the draft Agreement showed that, despite the long period of its development, some provisions require more detailed development
КОММЕНТАРИЙ ЗАКОНОДАТЕЛЬСТВА
159-166 272
Abstract
The purpose of this article is to identify some of the problems of criminological nature existing in labor relations in the Russian Federation. The term «labor fraud»is used in the work. A distinction is made from fraud in the ordinary sense. The legal status of the employee and the mechanism of realization of his rights are analyzed. Signs of behavior of the employer allowing to criminalize act are established. As a result, the conclusion about the need to amend the criminal code of the Russian Federation and the introduction of criminal liability for «fraud at work» is substantiated. The formulated proposal will ensure the protection of employee rights at a new qualitative level.
ОБРАЗОВАТЕЛЬНАЯ СРЕДА
167-174 619
Abstract
The article deals with the use of materials in the educational process of judicial statistics relating to cases of labor disputes. Data are given on the basis of information provided by the Judicial Department under the Supreme Court of the Russian Federation and containing information in respect of cases dealt with by the employment tribunals with the judgements of all courts of General jurisdiction of Russia for the period from 1999 to 2018, inclusive, i.e. before the adoption of the Labour code of the Russian Federation and in later years his actions. Special attention is paid to the statistics on disputes on reinstatement and recovery of wages. This information is aimed at its coverage and discussion both in the teaching of the General discipline "Labor law" and in the teaching of special courses relating to labor disputes and judicial protection.
175-177 191
Abstract
This article presents an overview of student activities organized by the Department of labor law and social security law University named after O. E. Kutafin (MSAL) during the academic year.
ИСТОРИЧЕСКИЙ ОПЫТ
178-187 1009
Abstract
The article deals with the history of the formation of social security, the periods of development, the main essential features of social security. Analyzing the research in the field of social security in the Soviet period, the author identifies the different points of view that existed in the doctrine on the main significant problematic issues in the formation of social security and its development as an independent branch of law. The article deals with the history of the formation of social security, the periods of development, the main essential features of social security. Analyzing the research in the field of social security in the Soviet period, the author identifies the different points of view that existed in the doctrine on the main significant problematic issues in the formation of social security and its development as an independent branch of law.
КНИЖНАЯ ПОЛКА. РЕЦЕНЗИИ
188-193 275
Abstract
The article is devoted to the review of the book " Constitution and law order in the sphere of labour and social security", published in 2019. It covers issues related to the Constitution, codification of labor law in Russia, the legal regulation of working conditions and social security. A separate reflection in this book are the issues of legal regulation of labor and social security of civil servants, legal assistance to inclusive employment, etc.
194-199 339
Abstract
The article provides a brief overview of the preparation and conduct of scientific and practical conferences «Gusov readings» held annually at the University named after O. E. Kutafin on labor law and social security law. The information about the collection of materials of the conference on differentiation - "General and special legislation on labor and social security"published in 2019 is presented. It presents the views of leading specialists in labor law and social security law on the need to improve traditional ways of regulating labor and social security relations in a changing labor market.
LAW IN HISTORICAL REFRACTION. Legal heritage
POST SCRIPTUM
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)