Author : PhD in law, associate professor S. A. Sobolev Izhevsk 2011 Subject,

system, principles and functions of Labour Law in Russia

Opinions, given in present
work, do not reflect common

accepted
point of view in law science and
labour law.
Present publication is developed in
accordance with educational program
course «Labour law in Russia».
Legislation about law and court
practice is given for
December 20, 2011

LL with other legal disciplines.
Method of LL. Singularity of ways

(methods) in legal
regulation of social-labour relations.
System of LL: fields, sciences, labour legislation.
Principles of LL and its classification.
Social aims and functions of LL. Function types of LL.
International-legal principles in labour sphere.
Legal defence of forced labour in Russia.
Modern problems and decision ways of state-legal security of human rights in labour sphere.

2) what studies present discipline
social
relations in labour
sphere
system

of LL norms

directly connected with
labour law

labour legislation

Subject of LL – labour and others directly connected
relations in the labour sphere,
regulated by the norms of LL

statutory legal
labour acts

labour
relations

2009
– totality of social relations, appearing in the
process

of labour application is characterized by
temporary worker subordination
(sign of dependant, controlled labour) and
legally registered labour contract.

Soshnikova T.A., 2010
– social relations, appeared between
worker and employer in the process of
performance of labour function by employee.

Smirnov O.V., 2009
LL regulates social relations, which
are made in the process of market functioning
in labour, organization and use of waged labour.

Field subject LL
3. Subject LL educational
discipline
Khohlov E.B.
(1996):
Kuzmenko A.V.
(2005) :
1.

Law system

2. Legislation system

3. System of social
relations

labour law
2. System of labour legislation
3. Science system
of labour law

i.e.
objectively (historically) composed
totality:
conceptual regulation of scientific schools, scientists’ view

labour law regulation (legislation and others NPA)

labour
relations and others directly connected with them relations in labour sphere

RF)
directly connected
with labour
relations in labour
sphere (p. 2 art. 1 LC

RF)

labour organization and labour management;
employment at present employer;
professional training;
participation of employees and professional
unions in establishment of working conditions;
social partnership;
indemnity liability of employee and
employer in labour sphere;
resolution of labour disputes and others

labour disputes

professional
training, advanced
training of employer;
social partnership;

compulsory
social insurance

labour disputes;
pension
security

Other directly connected with labour
relations in LL

study LL
secondly, method – is totality of legal
techniques, ways,

regulation methods of
social-labour relations

combination of state and contractual;
participation of employees in organization management;
unity and differentiation of labour regulation;
combination of contract, recommendation and
imperative;
equality of rights in making and cancellation of labour
agreement in norms of LL and rules WTR;
singularity of ways in law protection and labour duties
performance.

(field) with division for
separate relatively independent
structure of education (institutes),

and also
other steady communities of norms with
more separate structural certainty
(sub-institutes) (Smirnov O.V., 1996).

– is scientifically based classification of legal
norms, with supposed division for general
and particular parts, and also legal institutes
in subject features of regulation
(Syrovatskaya L.A., 1997)

special
part

activities
sphere
public
view of separate
scientists,
collectives of
authors) in

problems of LL

scientific
schools

based
in law principles, background ideas,
which express substance, basic
properties and general

directivity of development
of legal norms in limits of all systems in
law or separate fields or
institutes

1. General (basic)

Interbranch

3. Field

4. Legal institutes

labour law
for its subject, in which
norms are realized by
special ways

which are
peculiar only to
labour law as a unique
normative-legal
system.
(Mavrin S.P., Filippova M.V.,
Khohlov E.B., 2005)

regulatory;
protective;
administrative;
organizational.

social;
defensive;
economical-
industrial;
educational.

main directions of
Influence its norms for
behaviour (perception,
freedom) of people in process
of labour for goals achievement
and problems of labour
legislation.
(Gusov K.N., Tolkunova V.N.,
2003)

1: General
part / in edition by E.B. Khohlov. Saint-Petersburg, 1996.

2. Kiselev I.Y. Labour law of Russia. Historical-legal
research. Tutorial. Moscow, 2001.
3. Lushnikova M.V., Lushnikov A.M. Course of labour law: in
2 v. V. 2. Labour laws in system of human rights.
Individual labour law: Tutorial. Moscow, 2004.
4. Labour law: tutorial /In edition by O.V. Smirnova,
I.O. Snigireva. Moscow, 2007.
5. K.N. Gusov, V.N. Tolkunova Labour law of Russia:
Tutorial, Moscow, 2003.
6. Labour law of Russia: tutorial for higher institutions / in
general edition E.B. Khohlov, V.A. Safonov, Moscow, 2009.
7. Soshnikova T.A. Labour law in schemes with comments
Moscow, 2010.