SCI Библиотека

В работе изучается различие между нормативным и фактическим аспектами правовой культуры и те следствия, что связаны с выбором того или иного аспекта для исследования. Исследование правовой культуры на микроуровне акцентирует внимание на особенностях истолкования, применения, восприятия норм в отдельных социальных группах, среди конкретных индивидов. Суть нормативного подхода к пониманию правовой культуры заключается в имплицитном выдвижении некоторых требований к праву в плане его соответствия тем или иным оценочным критериям. Здесь появляется риск того, что исследования правовой культуры окажутся в зависимости от оценочных суждений, в результате которых тот или иной правопорядок или его отдельные части (институты, нормы и проч.) будут рассматриваться как противные правовой культуре, что рискует подорвать их эффективность. Первый подход чаще встречается в социолого-правовых исследованиях и характерен для позитивистской юриспруденции, а второй скорее свойственен исследованиям в области юридической антропологии современных обществ и нередко сочетается с разного рода непозитивистскими подходами к праву.

When it comes to the development of society, digitalization appears to be one of its megatrends. Both on international and national levels, program acts are adopted to establish strategic areas of state policy, their principles, goals, objectives, and indicators. The world of work is also subject to digital transformation. That is why it becomes relevant to study the influence of state policy in the field of building an information society and digital economy development on the modernization of labor legislation. Three EAEU member states have been included in the subject of research: Russia, Belarus, and Kazakhstan. The methodology of work is based on a general scientific dialectical method of objective reality recognition. When conducting the research, general scientific logic techniques (analysis, synthesis, induction, deduction, the method of rising from the abstract to the concrete, etc.) and specific scientific methods of cognition (a legalistic approach, a legal historical method, and a comparative-legal analysis) were used. A special feature of the work’s methodology is the use of a political and legal approach. As a result of the conducted research, the following results have been obtained: on the number of amendments introduced into legislations of Russia, Belarus, and Kazakhstan over the years; on the total number of amended articles and new articles and chapters labor codes were supplemented with; on the political decisions made regarding the digitalization of labor, and on the content of legislative innovations. It has been established that each of the studied state pursues the state policy aimed at developing a digital economy and that during the researched period, some changes associated with regulating the use of digital technologies by addressees of labor law had occurred. However, the extents of state policy influence on improving labor legislation are different in these countries, just as their paths to modernization are unique. However, two areas of labor legislation digital transformation have been identified in all three countries. One of them is associated with remote work regulation, and the other - with regulating the electronic document flow in work relationships. In respect thereof, other promising areas for developing state policy and labor law in the context of global digitalization have been proposed: regulating the labor of platform workers, improving the system of rights guarantees for employees and employers in the field of employee training, protecting employees’ rights for personal privacy during their working activity, and regulating the use of the artificial intelligence system.

It should be noted that as a universal approach to international legal regulation of labor relations, the principle of effective child labor prohibition is one of four fundamentals in the field of labor to be applied by ILO member states on a mandatory basis regardless of ratification of any particular Conventions, but just subject to their adherence to the ILO Constitution. Although child labor is prohibited by regulatory acts and this is reflected in national policies and special programs of Eurasian Economic Union (EAEU) member states, child labor remains a problem that puts the basic rights of a significant number of children in jeopardy. The primary methods are system analysis and a comparative legal method of studying child labor issues in the Eurasian Economic Union member states in respect to the analysis of its current state and ensuring the effective implementation of a child labor prohibition in the Eurasian Economic Union. The issues of new institutional arrangements for protecting children’s rights in EAEU member states are analyzed in the paper. There is a particular focus on the lack of a special children’s rights protection authority (aside from Russia and Kazakhstan) and the trend of significantly weakened activities by labor inspections in EAEU member states in respect to implementing child labor prohibition as well. The need for defining the concepts of ‘light work’ and ‘labor education’ and their formalization in labor legislation provisions is stated in the paper along with the need to adopt legal norms disclosing the nature of relations arising from the work performed by children and the types of this work in the informal economic sector. It appears necessary to work out a concept for regulating relations in the field of child labor in the framework of strategies for the social and economic development of Eurasian Economic Union member states that shall provide for the elimination of child labor based on child labor legislation monitoring and the practice of its enforcement in these states.

The article raises the problem of necessity and expediency of reception into the Russian labor legislation of civil legal construction of invalidity of legal transactions, evaluates the experience of member states of the Eurasian Economic Union on the implementation of legal regulation of invalidity of employment contracts on certain grounds. Both general scientific (analysis, synthesis, deduction, induction) and special methods of legal research (comparative method) are used in the study. Based on the analysis of the Labor Codes of the Republic of Belarus, the Kyrgyz Republic, the Republic of Kazakhstan and the analysis of materials of judicial law enforcement practice of Russia each condition of invalidity of the employment contract was investigated and the effectiveness of these conditions and the identified grounds of invalidity of the employment contract on the sphere of labor relations in Russia was evaluated. Enshrining norms on the invalidity of an employment contract in the LC RF are inexpedient, the legislator has developed adequate ways and means to overcome defects of form, content and subject composition of labor legal relations. Defect of subject composition of an employment contract, defect in the content of the employment contract and its (contract) form, as a rule, do not entail the recognition of this contract as invalid. Failure to comply with the will of the parties of labor legal relations in the process of its emergence, change and termination should be a subject of legal regulation at the level of a codified act. It seems necessary to fix at the level of the Labor Code of the Russian Federation norms on the ratio of will and expression of will; on the primacy of expression of will over the will. In ideal legal relations, the will and expression of will must coincide. Establishment in the law of the factors that influenced the process of evolution of will and deformed it is necessary only in case of defective development of one or another model of exercising subjective rights and / or performance of duties. The article makes proposals to adjust the norms of the current labor law, aimed at eliminating the flaws in the flawed nature of certain conditions of the employment contract identified by the courts.

The author of this research aims, through this research, to create a theoretical understanding of the role of Resolutions of the Plenum of the Supreme Court of the Russian Federation (SCRF) in the regulation of labor relations and others directly associated with them, as well as the possibility of their classification as a source of labor law. By researching these acts’ significance in labor law both in Russia and other countries a conclusion is drawn that currently the acts of supreme judicial authorities may be classified as sources of labor law, since they influence on the emergence, changing and termination of legal labor relations and have an objectified form of expression. However, the aforementioned acts are issued by judicial authorities, not law-making authorities, and a failure to comply with the rules of conduct that they create cause consequences not only for the courts, but for other subjects as well. Considering the latest trends in the formulation of rules of conduct by supreme judicial authorities and their perception by legislators via their reflection in regulatory acts, the significance of supreme judicial authorities’ acts is to serve as a basis for the development of typical sources of labor law, specifically labor law acts.

The work is aimed at examining the issues related to the impact of the industry-specific workplace and legal culture on enforcing labor law standards in Russia. The focus is on historical continuity of national legal culture phenomena and its negative aspects that hinder enforcement of labor law standards in practice. The research was conducted with a comparative-historical diachronic approach using sociological method tools within the general framework of an anthropological approach. Based on the results of the research, the structural elements of the industry-specific legal culture were identified, its manifestations for employees and employers as labor market key players were described. The essence of each element is described as well. Parallels are drawn between the status of legal consciousness and legal literacy in the context of free employment in the age of factory-and-plant legislation and nowadays. The concept of historical consistency, implicitness of some workplace culture factors that have been distorting enforcement of labor legislation for more than two hundred centuries is presented. The major factors include low legal literacy of employees and employers, disregard for legal provisions, the penchant of Russian citizens for non-legal regulators of employment relations, inflated paternalistic expectations, legal indifferentism by employment contract parties, social alienation of employees and employers, and employee’s refusal to defend their labor rights in case of violation. It is concluded that existing defects of legal consciousness and legal illiteracy need to be taken into account in norm- setting work in order to avoid the issue of the poor effectiveness of labor law standards in Russia.

The Treaty on the Eurasian Economic Union defined the establishment of a shared labor force market as one of the main goals of the integration association. Ensuring the freedom of movement for workers from EAEU member states is inextricably linked with exercising their right to pension benefits. The Agreement on Pension Benefits for the Working Population of EAEU Member States is based on the recognition of equal rights for workers, territorial equality, and export of pensions. As of the effective date of the Agreement, pension rights of the working population of EAEU member states shall be developed in full parity with the citizens of the state of employment. The Agreement establishes the types of pension contributions based on which the pension rights of the working population of EAEU member states are developed and the types of pension benefits these legal norms apply to. The paper includes a comparative analysis of legislations of EAEU member states the provisions of which define the development of pension rights of the working population of EAEU member states. In the course of work, the conditions for pension rights development have been analyzed, similarities and differences have been identified. The conducted research has shown that the pension systems of EAEU member states are in the process of being restructured. The stability of the pension systems is impacted by demographic, economic and migration issues. Under their influence, EAEU member states introduce structural changes to the pension systems, improve the rate policy, raise the retirement age and raise requirements for the length of employment.

This paper includes a brief review of the systems for contesting decisions made by the Eurasian Patent Office regarding the issue of Eurasian patents for inventions - systems for administrative annulment of Eurasian patents for inventions and systems for invalidation of Eurasian patents for inventions by competent bodies of the Eurasian Patent Organization member states. Based on the analysis of the two systems conducted by the author, the conclusion is drawn that it is reasonable to create a uniform regional court jurisdiction under which an efficient mechanism will be generated to appeal the decisions about issue or refusal of Eurasian patents approved by the Eurasian Patent Office, the body of the international inter-governmental organization. Also, based on the statistics provided in the paper, the high quality of Eurasian patents for inventions issued by the Eurasian Patent Office as a result of carrying out a patent search across the global patent pool and an expert examination of Eurasian patent applications is summarized. A conclusion can be made about the need for the Eurasian Patent Office to participate in considering disputes associated with protectability of inventions protected based on the Eurasian patents that are contested in member states of the Eurasian Patent Convention. The goal of this participation will be to provide assistance to the patent owners in terms of protecting their interests regarding Eurasian patents for inventions.

The article reveals the relevance of the research topic taking into account the current international situation and the Russian political, legal and socio-economic reality. The objectives of the research are the need for scientific substantiation of the transformation of public authorities in order to ensure their organizational and legal unity and consistency as a condition for enhancing the effectiveness of their activities. The unfounded and flawed nature of the constitutional norm on the autonomous organization and functioning of state and local authorities is revealed. Proposals are proposed and substantiated on the need to include the principle of responsibility of heads of public authorities among other principles of responsibility. A proposal is made on the need to expand the range of subjects of legislative initiative in order to democratize the legislative process more. Logical, historical, comparative-legal, systemic and functional research methods are used.

The paper examines the issue of victim / witness testimony, an investigative procedure introduced in the Kyrgyz Republic Criminal Procedure Code in 2019. It can be argued that this institution enables the development of the adversarial principle and the principle of equality of parties in pre-trial proceedings. The author points out that for the Criminal Procedure code of some former Soviet states, this institution is new, though it was first reflected in English law of the 19th century. The author notes the debatable nature of re-examining a victim / witness when the merits of the case are considered. In this regard, improvement in Art. 208 of the existing Kyrgyz Republic Criminal Procedure Code is suggested. Additionally, the article examines the issue of what a deposition is - an investigative procedure or an institution. The author states that deposition of testimony is an investigative procedure.