Arslanov K.M., Safin R.R. —
On the prospects of legal regulation of labor relations
// Law and Politics. – 2018. – ¹ 2.
– P. 77 - 84.
DOI: 10.7256/2454-0706.2018.2.20377
URL: https://en.e-notabene.ru/lpmag/article_20377.html
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Abstract: The subject of this research is the positions of the Russian legislation, law enforcement practice, as well as the existing in legal science views on the problems of agreement-based regulation of relations in the area of labor. The authors meticulously examine the interaction between civil and labor law. Particular attention is given to the questions of the cross-sectoral linkages of the two branches, which has recently acquired special scientific relevance. This is encouraged by the development of legislative system and necessity of practical implementation. The civil and labor law remain in constant interaction and development; thus, it is necessary to ensure the balance between civil legal and labor legal regulation of social relations endued into the agreement-based form. The article applies the cross-sectoral method of scientific analysis, as well as provides forecast of the development of legal regulation of the agreement-based form of relations in the area of labor. The authors substantiate the position that the future achievement of establishment of the systemic regulation of relations in the area of labor requires ensuring the interaction between the civic and labor law. It is pointed at subsidiary application of the norms of civil law to labor relations. The article provides an original understanding on the development of legal regulation in the area of labor, considering the interaction between civil and labor law.
Safin R.R. —
Direct and indirect interaction between civil and labor law
// Legal Studies. – 2017. – ¹ 7.
– P. 47 - 54.
DOI: 10.25136/2409-7136.2017.7.19731
URL: https://en.e-notabene.ru/lr/article_19731.html
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Abstract: The research object is the aspects of interaction between two branches of law – civil and labor. The author considers the provisions of the current Russian legislation, law-enforcement practice, the opinions, ideas and visions of the problem of agreement-based regulation in the sphere of labor. Scholars have raised the problem of interaction in their works, but a proper answer about inter-branch connections of civil law with other branches of law hasn’t been found yet. However, there’s a necessity to guarantee the balance of civil and labor regulation of agreement-based social relations connected with labor activity. The present article gives the author’s understanding of interaction between civil law and labor law, analyzes agreement-based regulation and inter-branch connections. The combination of elements of different branches is a representative sphere of scientific analysis of inter-branch connections of civil law. Therefore, the civilized approach to the study of inter-branch connections between civil and labor law in agreement-based regulation of relations in labor activities and services delivering seems to be reasonable. It is also important to detect and describe these connections. This work will help not only to verify the feasibility and effectiveness of the construction of a labor agreement in the context of new economic conditions, detect the correlation between a labor agreement with related civil agreements, but also analyze the need for and the expediency of civil regulation of relations in this sphere. It will also help to harmonize civil and labor means of regulation of these social relations (implement so-called “collision law regulation).