A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. Features of Regulation of Labor Relations in the BRICS Countries
The article is devoted to topical issues of improving the activities of the BRICS Trade Union Forum, which is especially important from the point of view of expanding this international organization and the need to optimize supranational social partnership in terms of deepening the trend of international regionalization. The existing problems of the trade union movement at the BRICS level are generated by the presence of various models of employee representation in labor relations in the BRICS countries and the absence of an international legal act on the principles of organization and functioning of trade unions in the BRICS countries. The solution to the problems is seen in the need to transform the format of the BRICS Trade Union Forum, its name, as well as to develop common approaches to the trade union movement, which, of course, will contribute to optimizing the legal regulation of the protection of workers’ labor rights in the BRICS countries.
The article discusses issues of legal regulation of women’s labor in the BRICS countries. The author draws attention to the latest labor legislation adopted in these countries recently. The need to consider this issue is dictated by the fact that almost half of the working population, including in the BRICS countries, are women. The study identified current trends in relation to the legal regulation of women’s labor. It has been established that all countries have adopted legislation restricting the work of women in jobs with harmful and (or) dangerous working conditions. States are taking measures to establish additional opportunities for women to advance in their careers and occupy leadership and government positions. Despite the efforts being made, there are also negative trends, such as discrimination in hiring and during employment, in remuneration, and the inability to occupy higher positions.
VECTOR OF LEGAL SCIENCE. Theoretical Aspects of Labor Law
The last few decades have been characterized by the most active development of medicine and genetics, leading to the emergence of new knowledge about the functioning of the human body. The identification of a genetic predisposition to the development of certain diseases requires a rethink of traditional approaches to the use of employee personal data, labor protection, and the balance of public and private interests in labor legislation. This article analyzes approaches to determining the legal nature of genetic information, identifies possible areas of restriction of workers’ rights depending on the identification of hereditary predisposition to certain diseases, draws a line between discrimination based on genetic characteristics and differentiation. In the context of the active digitalization of personnel processes, the risks of possible digital discrimination in the selection and evaluation of employees using artificial intelligence technologies are noted.
In recent years, close attention has been paid to the socio-economic development of the Far East and the Arctic zone of Russia, including increasing the efficiency of labor and employment development. Strategies, government programs and other documents are being adopted aimed at reducing unemployment and creating new jobs in the sparsely populated areas of these regions. The author identifies the main tasks that should be addressed as a matter of priority to solve employment problems. It is noted that in regional regulations and social partnership agreements, the problems of employment of citizens living in sparsely populated areas of the Far East and in the Arctic zone have not yet found their legislative support and, as a result, the identified problems remained without an appropriate legal solution.
The article is devoted to the problem of personal intangible labor rights, which is little studied in the science of labor law, as the most important part of the content of the labor relationship, which has become relevant during the transition of society to the information state. The right to health is one of the most important personal intangible right of an employee. Due to its binding nature, it can be carried out only in an employment relationship, therefore it is necessary to legalize it as one of the main subjective rights of an employee in the Labor Code. The current Labor Code does not contain the concept of personal non-property rights and does not include the basic rights of an employee as such. Even though the fact that personal character as a sign of an employment relationship has always existed throughout the history of labor law (both legally and in doctrine). In the science of labor law, the question of the need for in-depth research of the non-property part of the labor relationship has historically remained relevant, although ambiguously understood. Our science has accepted deeply researched civil law categories of personal non-property rights and intangible benefits, but it seems that not all of them are relevant for personal non-property labor rights. The article attempts to critically analyze the opinions expressed in science and offer their views on this controversial issue.
The relevance of the topic of this article is due to the fact that the structure of labor law as a regulator of public relations contains the principles of both power and subordination, and equality of the parties. Despite the prevalence of the concept of dualism in labor law, there is no consensus in legal science regarding its content.
The purpose of this article is to develop scientific provisions reflecting the features of dualism in labor law. Proceeding from the designated goal, the author set tasks: to determine the private and public legal aspects in the dual nature of labor law. In the process of studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods: ascent from the abstract to the concrete, the system-structural method. private scientific methods: formal legal, as well
as logical means of cognition — analysis, synthesis, deduction, induction.
As a result of the analysis of scientific and regulatory sources, the following conclusions were formulated: 1) The state performs several functions in achieving a balance of private and public legal interests in the field of labor regulation: legislative, control, social, intermediary. 2) By promoting a balance between the interests of workers and the State, civil society contributes to ensuring fairer and more stable working conditions for all.
In the article we examined one of the current problems, the problem of protecting the honor and dignity of workers during their working life. A certain difficulty arises in applying this principle in practice; employers are increasingly restricting the rights and freedoms of employees. Gender discrimination is unacceptable, since a person’s biological characteristics should not be a determining factor when hiring. The solution to the problems of gender inequality in the Russian labor market should be carried out gradually, starting with recognition at the state level of the existence of this problem. We believe that this problem has existed for a long time and is inherent in every team, therefore it is imperative to develop effective means of protection not only at the legislative level, but also at the local level, which can consider the characteristics of all aspects of labor relations.
The right to work, being a fundamental right of any person, acquires special significance in the context of the introduction of digital technologies, and, above all, the implementation of experimental legal regimes. Experimental legal regimes that involve the use of a simplified approach to the legal regulation of certain social relations are associated with a number of theoretical and practical problems in the implementation of the right to work. As part of the study, in order to find a solution to these problems, the basic characteristics of innovative specialties and professions were identified. This allowed the author to formulate a definition of the concepts “innovative specialty” and “innovative profession”. Based on conceptual approaches to the legal regulation of relations within the framework of experimental legal regimes, the article proposes to use an imperative method of regulating relations for the employee to perform an innovative labor function within the framework of the employer’s activities on the basis of these legal regimes. Certain directions for improving regulatory legal and other acts in the field of standardization of professional activities of workers performing an innovative labor function are proposed.
The article discusses issues of legal regulation of mentoring in the world of work. The author talks about the history of the issue of legal regulation of mentoring in labor. The article also examines today’s legal regulation of mentoring and offers the author’s definitions of this concept. The author considers the issue of mentoring in connection with the concept of “young worker”. The work notes the ambiguity and diversity of the institution of mentoring, and raises the question of the need to consolidate this legal concept in the current legislation. The article pays attention to the concept of mentoring not only in the Russian Federation, but also in some BRICS countries.
It is necessary to continue analysis of the new understanding of the definition of “labour” proposed by the author in terms of amendments to the Constitution of the Russian Federation approved during the all-Russian vote on July 1, 2020. The purpose of the article is to develop and formulate an innovative concept of labour for the effective implementation in the future of new constitutional principles, which for the first time in the history of labor law were fixed at the level of the Basic Law of the country. In view of this circumstance it is important to reflect the concept “labour” in the Labour code of the Russian Federation in a broad aspect , and in the legislation of the Federal Act “On Employment in the Russian Federation”, equating the concept of “employment” to the definition of “labour” that will allow to define more clearly the implementation of such constitutional principles as: respect for the labour, respect for man of labour; establishing a minimum wage not less than the subsistence minimum of the working-age population in the Russian Federation; ensuring social partnership.
The legal consolidation of the definition of “labour” in a broad aspect will contribute to the development of not only labour legislation, but also the theory of labour law in terms of a correct understanding of the nature of such principles as respect for labour and respect for the man of labour, which, in our opinion, should also be fixed in the Labour Code of the Russian Federation . These principles are undoubtedly cross-sectoral in nature, since they are the basis not only of labour law, but also of civil and administrative law.
The author notes the inconsistency of the current institution of material liability with the basic provisions of civil legislation on tort liability. Financial liability by its characteristics is a kind of tort liability. The presence in the labor legislation of a mention of bringing participants in labor relations to civil liability creates conditions for full compensation for harm, including lost profits according to the norms of the Civil Code of the Russian Federation, after receiving compensation under the rules of limited or full liability. With such legal regulation, taking into account judicial practice, there is either a diminution of the importance of categories of labor law, or a non-uniform application of the norms of the Labor Code of the Russian Federation. Gaps and imperfections in the construction of liability should be eliminated by completely isolating this institution or by observing all the rules and principles of tort liability.
VECTOR OF LEGAL SCIENCE. Theoretical Aspects of Social Security Law
Currently, in the science of social security law, a generally accepted definition of the concept of “social security” has not been developed. Analysis of existing definitions makes it possible to distinguish several semantic elements: 1) social security is an activity to provide material goods in cash or in kind; 2) these material goods are provided only to individuals; 3) material goods are provided in the event of circumstances recognized as socially respectful.
These semantic elements are present in all definitions. At the same time, not all definitions clearly reflect who provides material goods through which sources. Two points of view can be distinguished on this issue: (1) Social security is provided by the State from the State budget and extrabudgetary funds; 2) social security is carried out not only by the state, but also by private individuals at the expense of private funds.
The article justifies that the first point of view is correct. Social security is the provision on the basis of the law of material goods by the state at the expense of the budget and extrabudgetary funds. This activity is subject to social security law.
Material security provided by an individual at the expense of his own funds on the basis of a contract is a charitable activity that is regulated by civil law. The material security that the employer, on the basis of a collective agreement, provides at its own expense to the employee and his family members is a relationship closely related to labor relations and is regulated by labor law.
This article is dedicated to the issue of improving legal regulation in the field of social security, taking into account constitutional amendments. The author explores the role and significance of the Russian Constitution as a system-forming source of law, analyzes the changes concerning the formation of the pension system based on the principles of universality, fairness, and generational solidarity. The article provides an assessment of the current state of pension legislation and considers the possibility of enhancing the effectiveness of the pension system in the implementation of constitutional changes.
The article considers interaction forms in the field of legal regulation of social security between state authorities: federal and regional. In social security law, as in a number of other branches of Russian law, the combination of various levels of legal regulation is essential for the implementation of the constitutional right of people to social security, while leading to a number of problems in rule-making and law enforcement. The right to social security guaranteed by the Constitution of the Russian Federation to categories of persons in need of it, providing them with material support measures provided for by laws of social risks in a timely manner and to the fullest extent possible, in conditions of federalism, can be implemented with the participation of state authorities at all levels of legal regulation, from the federal to the level of local self-government. It was concluded that the state authorities of the constituent entities of the Russian Federation have a wide range of powers, the use of which allows them to more effectively implement the right of people to social security.
The article defines the concept of social obligation on the basis of a doctrinal analysis of the general theoretical foundations for the definition of obligations, taking into account the interdisciplinary nature of social obligations. The formulation of the definition of social obligation is given through the relationship between obligations and responsibilities. It is noted that social obligation (in the broad sense of the word) should be understood as a type of socially regulated social relations, within the framework of which an individually determined party is necessarily required to carry out normatively proper behavior to satisfy a wide range of socially significant interests. Social obligations in the narrow (social security) sense are the need for compensation established by law on the part of a public authority or non-state entity that arises among citizens as a result of the onset of a social risk of adverse consequences.
The article presents an analysis of certain legislative norms aimed at maintaining the stability of the legal status of workers with disabled children. Based on statistical data, some positive results of state policy in the field of social support for families with a disabled child are noted, a conclusion is made about the stabilization of the growth rate of child disability at the present stage in comparison with indicators of previous years, the importance of additional benefits and guarantees provided to employees with disabilities is emphasized. a disabled child, both at the federal, regional and collective bargaining levels of legal regulation of labor. The author substantiates proposals for improving certain norms of labor legislation regarding the procedure for providing additional days off to working parents with disabled children, which will strengthen the emerging trend of stabilizing the social situation of these subjects.
The article is devoted to the manifestation of differentiation in social security law. It is concluded that it is necessary to more clearly define the criteria for this differentiation in order to justify and equitably redistribute benefits, taking into account the characteristics of specific population groups. Based on an analysis of judicial practice, the most typical cases of refusal of early pension provision due to the failure to include certain periods of work in the special insurance (“medical”) period of service have been identified. The example of early pension provision for medical workers shows some inconsistency in the legal regulation of the provision of this pension guarantee. It is proposed to determine and formulate the goal of early retirement provision for medical workers; to amend the Labor Code of the Russian Federation in order to clarify the consequences of establishing part-time work for the purposes of early pension provision.
VECTOR OF LEGAL SCIENCE. Management of Human Resources of Universities
The article is devoted to the issue of attracting teachers to carry out professional activities in higher educational institutions. Reform and optimization of higher education affects nature and conditions of employment of teachers of Russian universities. There is a decrease in the status and prestige of teaching. Legislative changes do not always contribute to increasing the prestige of the profession, as well as the desire of practitioners to transfer their experience to the younger generation in educational organizations. An important role in this is played by the requirements for persons applying for the positions of faculty of higher education. If you look at other problematic aspects of the legal regulation of the labor of education workers, taking into account the optimization of the labor process by the employer, then the status of a teacher of higher education does not become one of the goals of a future career for young professionals. It seems that a more thoughtful approach is needed to establish the requirements for the teaching staff of the university. To achieve the main task of vocational training, an effective system of replacing teaching positions should be established, taking into account the realities of our time.
TRIBUNE FOR YOUNG SCIENTIST
This article assesses the stability of labor relations in modern conditions upon termination of an employment contract at the initiative of the employer. Four stages of events of the 21st century are identified, which directly determine the stability of labor relations in the event of termination of an employment contract with proactive employers in the Russian Federation, as well as in foreign countries. The author concludes that in order to maintain sustainable economic stability in the labor market, the state must take support measures not only for producers, but also for employers.
This article examines the manifestation of principle of unity and differentiation in the field of work safety. The institution of work safety is characterized by an imperative nature of legal regulation. Differentiation is mainly carried out based on the obligations imposed on employers by the legislature. The legislature has established an open list of regulatory acts containing normative requirements for work safety, which implies further development of new types of such acts, providing effectiveness and flexibility in legal regulation. However, there is uncertainty regarding the form, types, and functions of such regulatory acts. It is proposed to legislatively establish a classification of normative requirements for work safety by dividing them into norms aimed at “protecting health from harmful factors” and “protecting body from dangerous factors leading to injury.”
REVIEWS
LAW IN HISTORICAL REFRACTION. Legal Monuments
POST SCRIPTUM
ISSN 2782-6163 (Online)