Forms of legal regulatory framework in the labor law of Russia

Cover Page

Cite item

Full Text

Abstract

The study is devoted to the legal regulatory framework and its forms of manifestation. The material is based on the analysis of certain provisions of labor legislation. Labor legislation is the joint jurisdiction of the Russian Federation and its constituent entities and combines simultaneously several levels of legal regulation, namely federal, regional, local and others. Further research of the theory of framework legal regulation involves an analysis of the forms of its manifestation in particular branches of law. Legal regulatory framework is built on the legal norms that set certain limits of legal regulation, while their specification depends on the discretion of the law enforcer. In labor legislation, there are norms of different degrees of certainty. The logical constructions of individual legal norms of labor legislation are characterized by certain uncertainty. Legal uncertainty provides for the right to the subjects of legal relationship or the law enforcer to act at their own discretion. It seems relevant to investigate the properties of relatively determinate norms of labor legislation, and to analyze the specifics of the legal regulatory framework mechanism, based on the analysis of judicial practice.

About the authors

Xenia E. Dovgan

Altai State University

Author for correspondence.
Email: dok2122@bk.ru
ORCID iD: 0000-0003-4614-1936

Candidate of Legal Sciences, Associate Professor, Institute of Law

61 Lenin St., Barnaul, 656045, Russian Federation

References

  1. Alekseev, S.S. (1972) Problems of the theory of law: Basic questions of the general theory of socialist law. Course of lectures in two volumes. Vol. 1. Rusinov, R.K. (ed.). Sverdlovsk, Sverdlovsk Publishing House of Law university. (in Russian).
  2. Arzamasov, Ju.G. (2006) Legal nature of departmental normative acts. Law and State: The Theory and Practice. (10), 24-31. (in Russian).
  3. Baikeeva, S.E., Bredikhin, A.L., Protsenko, E.D. (2022) Labor Code of 1918: historical and legal analysis and meaning: article. Theory of State and Law. 2 (27), 42-50. https://doi.org/10.47905/MATGIP.2022. 27.2.004 (in Russian).
  4. Bakulina, L.T. & Bikeev, A.A. (2018) Contractual legal regulation of labor relations. The Review of Economy, the Law and Sociology. (4), 115-118. (in Russian).
  5. Bezina, A.K., Bikeev, A.A. & Safina, D.A. (1984) Individual-contractual regulation of labor of workers and employees. Kazan, Publishing House of Kazan University. (in Russian).
  6. Cherdantsev, A.F. (2002) Theory of State and Law. Textbook for High Schools. Moscow, Yurayt-M Publ. (in Russian).
  7. Demin, A.V. (2016) The dispositivity as a general legal concept. Law and State. 3 (72), 94-100. (in Russian).
  8. Diveeva, N.I. (2008) Theoretical problems of individual legal regulation of labor relations. Monograph. Barnaul, Azbuka Publ. (in Russian).
  9. Ermakova, K.P. (2010) Legal framework of judicial discretion. Journal of Russian Law. 8 (164), 50-58. (in Russian).
  10. Iskuzhin, T.S. (1999) Local legal regulation of agrarian relations: monograph. Ufa, Bashkir State University. (in Russian).
  11. Kashanina, T.V. (2010) Corporate law: textbook. Moscow, Yurait Publ. (in Russian).
  12. Khalfina, R.O. (1981) Scientific foundations of Soviet lawmaking. Moscow, Nauka Publ. (in Russian).
  13. Kondratiev, R.I. (1979) Local legal regulation of labor relations in the USSR. Abstract of dis… of Doctor of legal sciences. Moscow. (in Russian).
  14. Korobkina, V.A. & Shaburov, A.S. (2010) Mechanism of local legal regulation of labor relations in Russia. Monograph. Kurgan, Kurgan State University. (in Russian).
  15. Kozhevnikov, V.V. (2017) On problem of discretionary rules of private and public law of modern Russia. Journal of Russian Law. 5 (8), 16-28. https://doi.org/10.12737/article_597714e 7ea5218.63751697 (in Russian).
  16. Lushnikov, A.M. & Lushnikova, M.V. (2009) Labor law course: Textbook: In two vols. V. 1. The essence of labor law and the history of its development. Labor rights in the system of human rights. The general part. Moscow, Statute Publ. (in Russian).
  17. Lushnikov, A.M. (2014) Democracy and local rule-making: theory and practice. Juridical techniques. (8), 63-70. (in Russian).
  18. Lushnikov, A.M. & Lushnikova, M. V. (2017) Ontology of domestic science of labor law in the post-Soviet period: monograph. Moscow, Prospekt Publ. (in Russian).
  19. Mustafina, G.A. (2022) Local regulation in the system of legal regulation. In: Law, economics and management: theory and practice: a collection of papers of the 2nd All-Russian Scientific and Practical Conference, 12nd May 2022. Cheboksary, Sreda Publ. pp. 332-337. (in Russian).
  20. Panchenko, V.Yu. (2012) Principles of legal regulation as a means of ensuring the absence of gaps in law. Gaps in Russian legislation. (1), 32-37. (in Russian).
  21. Pokrovskii, I.A. (1917) The main problems of civil law. Petrograd, Pravo Pabl. (in Russian).
  22. Samigullin, V.K. (2015) Local normative regulation in the mechanism of modern legal regulation of social relations. Vestnik VEGU. 4(78), 68-77. (in Russian).
  23. Shaykhutdinova, N.P. (2014) Functions of local labor law regulations. Bulletin of Udmurt University. Series: Economics and Law. (3), 209-212. (in Russian).
  24. Shundikov, K.V. (2019) Management and self-organization the contractual law regulation. State and Law. (4), 31-39. https://doi.org/10.31857/S013207690004652-9 (in Russian).
  25. Vasev, I.N. (2020) The concept of general, special and exclusive rules of law. Resolution of conflicts of these norms. In: General and special norms of the criminal law of the Russian Federation, qualification of crimes and sentencing: a collection of scientific papers. Barnaul, Altai State University, 2020, 54-88. (in Russian).
  26. Vlasenko, N.A. (2001) Legislative technology. Theory. Experience. Practice. Irkutsk, East-Sib. ed. Company Publ. (in Russian).
  27. Vlasenko, N.A. (ed.). (2010) Doctrinal foundations of legal drafting technique. Moscow, Yurisprudentsiya Publ. (in Russian).
  28. Vlasenko, N.A. (2023) The problems of legal uncertainty. A course of lectures. Moscow, NITs INFRA-M Publ. (in Russian).
  29. Zatolokina, T.A. (2005) The principle of multi-level legal regulation of labor relations in the Russian Federation. Abstract of diss… of сand. of legal sciences. Ekaterinburg, Ural State Law Academy. (in Russian).

Copyright (c) 2023 Dovgan X.E.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies