Shishulina T.P. —
Judicial protection of workers' labor rights: problems of implementation
// Legal Studies. – 2023. – ¹ 9.
– P. 108 - 126.
DOI: 10.25136/2409-7136.2023.9.40955
URL: https://en.e-notabene.ru/lr/article_40955.html
Read the article
Abstract: The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees.
The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights.
The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are:
1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator.
2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer.
3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer.
4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.
Shishulina T.P. —
The influence of state policy on the formation of the personnel of the regional militia in the 1930s. (on the example of the police of Mordovia).
// Legal Studies. – 2022. – ¹ 8.
– P. 12 - 26.
DOI: 10.25136/2409-7136.2022.8.38256
URL: https://en.e-notabene.ru/lr/article_38256.html
Read the article
Abstract: The subject of the study is various aspects of the formation of the personnel of the police of Mordovia, determined by the regulatory framework at all levels. The object of the study includes factors determining the nature of the formation and functioning of the militia, considered taking into account regional peculiarities.
The work is aimed at highlighting the political situation, historical moments that influenced the organizational and legal foundations of the militia, as well as at outlining the essence of the processes that had a direct impact on the training of law enforcement officers and the reorganization of the workers' and peasants' militia in the 1930s. It is possible to distinguish all-Russian, local conditions, national features of historical development.
Conclusions:1. In the 1930s, the militia of Mordovia continued to be formed as an integral part of the unified state mechanism, in accordance with the tasks, functions and operational situation of that time. 2. An important role was assigned to the development and adoption of regulatory legal acts and job descriptions, on the basis of which significant changes were made to the procedure for recruitment, training and service by the police personnel of the region. 3. These processes were carried out in the conditions of the folding of the command and administrative system, the class approach used in the selection of employees, placement and training of personnel, as well as the strengthening of totalitarianism. 4. The reorganization of the police of Mordovia and the training of personnel were influenced by abrupt changes in the socio-economic and political course of the country, as well as the peculiarities of their development in Mordovia. 5. Endless innovations and measures to reorganize the police apparatus in connection with the "second birth" of the Mordovian militia also did not contribute to improving the efficiency of its activities. 6. The development of the regional militia was influenced by the situation prevailing in the country as a whole. That is, the development of the organizational and legal foundations of the activities of the Mordovian militia has features that were characteristic of the police apparatus of the country as a whole.